Category: Law

  • Solanke, others: Law practice suffering from declining education standards

    Solanke, others: Law practice suffering from declining education standards

    Low standard of education has adversely affected the legal profession. Lawyers and educationists, who spoke at the 12th Aelex Lecture, proffered solutions, reports JOSEPH JIBUEZE.

    Some lawyers are not worthy of being described as “learned”,  first female Senior Advocate of Nigeria (SAN) Chief Folake Solanke, has said.

    She said the performance of some of them was “abysmal”, and that she was “appalled” by the shame some lawyers bring to the profession.

    According to her, legal practitioners describe themselves as learned, which means knowing the law, yet some lawyers have brought disgrace to the profession.

    Mrs Solanke spoke in Lagos when she chaired the 12th annual lecture of the firm of Aelex (Legal Practitioners and Arbitrations). Its theme was: Schooling without learning.

    She said the lecture’s theme was “well formulated and apt” even as it was “as germane as it is frightening”.

    “Implicit in that bewildering title is the calamity of wasted years in educational institutions without gaining much knowledge,” she said.

     

    Leaned lawyers needed

     

    Mrs Solanke said there was an “abysmal” performance of some lawyers at the bar, with many lacking in advocacy, good appearance, proper decorum, appropriate language, courtesy and learning.

    “I  confess that I’m often appalled that some bring shame to the learned profession.

    “After Law School, there must be a period of pupilage before independent legal practice,” Chief Solanke said.

    Some lawyers, she said, behave unprofessionally by pointing fingers at judges, addressing them as “You” rather than as “My Lord”, “Your Lordship” or “the Court”.

    “It is an aberration to be rude to a judge. Where were those so-called lawyers trained? In whose law chambers do they practice law? There is no ‘You’ on the Bench. Of course, there must be mutual respect between the Bar and the Bench,” she said.

    Mrs Solanke deplored poor reading culture, saying some lawyers merely reproduce others’ work rather than being original.

    “Please be reminded that one of the reasons underscoring the poverty of advocacy is that some law students and lawyers do  not read. They cut and paste from the internet and do  not read and apply their brains.

    “Any good lawyer will admit that the reading culture must be cultivated for life. Reading is a life-long addiction for lawyers. They must improve their English – the language of the court – by reading widely,” she said.

    According to her, “reading nurtures the soul, expands the reader’s horizon, sharpens the intellect, enhances knowledge, increases vocabulary, refines language, and facilitates social and communication skills”.

    “It is a most profitable way of spending time so that our youth are not forever glued to the television, cell phone and the internet with all their merits and of course horrors, like pornography, nudity, etc,” she said.

    A partner at Aelex, Mrs Funke Adekoya (SAN), who spoke on the sidelines said many graduates are unemployable because they lack sufficient skills despite going to school.

    “I’m concerned about the state of all legal education. Legal education is basically tertiary education. What is coming out of the Law School is the product of the previous systems.

    “That’s why we’re looking at the whole concept of education generally. If you’ve been to school and you haven’t learnt anything, you can’t be a good lawyer,” she said.

    Another Aelex Partner, Adedapo Tunde-Olowu, who recruits lawyers for the firm, said standards had dropped over the years.

    He said the fact that some first class university and law school graduates cannot construct simple sentences got the partners worried.

    “All they do is just to reproduce what they’re taught. They are unable to think. So, we thought we should address the problem to bring to the fore the problems of our educational system.

    “We’ve seen standards drop consistently. We have first class degrees, but there’s no quality in them. They might be good at remembering things and reproducing what you’re taught, but they cannot think outside the box.

    “As lawyers, we’re problem solvers. A client is happy when you solve a problem, not to reproduce the law as it is in a textbook,” he said.

    Mr Soji Awogbade, also a Partner at Aelex, said legal educations is one of the “direst zones” of education.

    “People pay lawyers to represent them, and if you’re not sufficiently educationally equipped, you’re ‘robbing’ them. The development of our legal system is stifled by lack of good material feeding into the system.

    “The legal profession mirrors the society, so it’s a zone that can do with a little more effort and energy,” he said.

    Another Partner, Emeka Emuwa, in his opening remarks, said the annual lecture was designed to start or encourage debate with the aim of finding solutions to the problem under discussion.

    “We don’t claim that we’ll have solutions. At least, let us start the debate. We’re looking at something that affects all of us. We hope to find some solutions to the problems of Nigeria,” he said.

     

    Experts’ recommendations

     

    Former University of Lagos (UNILAG) Vice Chancellor Prof Oyewusi Ibidapo-Obe, who delivered the lecture, said the education sector is in “doldrums” and that fresh ideas are needed to move it forward.

    “Learning is made possible by sets of endogenous and exogenous factors. These variables include funding, teachers’ competencies, teachers’ welfare, the facilities and infrastructure available in the schools, the support of parents as well as the governments’ priority to education, etc.

    “We must focus on knowledge acquisition and transformation by value addition to our human resources. As late comers to Emerging Technologies – we must catch up through leap-frogging and stay ahead by innovations.

    “There must be an alignment of government, industry and the academia, especially through the National Academies. Given the remarkable feats that Nigerian professionals are achieving overseas, if we turn around our school system, Nigeria should be great again,” he said.

    Director, Federal Capital Territory Universal Basic Education Board, Dr Adamu Noma, who was a discussant, called for better funding of education at all levels.

    “No nation can grow beyond the level of its educational development,” he said.

    He added that people should stop viewing the teaching profession as a last resort for employment. “Someone came to my office and said: ‘Even if it is teaching job, I’d take,” he said, adding that he felt insulted by the statement, being a professional teacher.

    According to him, teachers must be well paid to raise the profession’s profile. He condemned a situation where teachers are owed salaries for 15 months.

    Noma also backed calls for teaching in local languages. “Must we teach in English? Can’t we teach in Nigerian language?” he asked.

    Another discussant, Principal of International School, Mrs Adora Ojo, said there was the need for improved primary school enrolment, adding that early childhood education was crucial.

    She said nutrition for children was important, as a hungry child cannot concentrate to learn.

    According to Mrs Ojo, parents should stop putting pressure on children to score high marks. “De-emphasise passing of examinations. Emphasis on certification has resulted in graduates without knowledge,” she said

    Another discussant, Principal of KYCA Academy, Sagwaza Gora in Kaduna  State, Swanta Bonat, said it was “bizarre” to teach a local language and conduct examinations on the subject in English, as some do.

    She said those behind the recruitment of the sacked unqualified teachers in Kaduna should be held accountable.

    Bonat regretted that those who ended up at teacher training colleges were those unable to secure university admission.

    “Those teachers end up in primary schools. So, the problem should be solved at the foundation level. We need to focus on teacher training,” she said.

    Mrs Solanke, a former Mathematics and Latin teacher, said it was better to teach children in their native languages first.

    “I attended primary school in Abeokuta, and I was taught  in Yoruba. We had English lessons, but all other subjects were taught in Yoruba.

    “Wole Soyinka, Chinua Achebe – the exponents of the English language better than the English themselves – speak fluent Yoruba (and Igbo) with proverbs. It’s because they had a good grasp of their language. That’s why they’re exponents of the English language,” Mrs Solanke said.

    She faulted the inspectorate divisions of ministries of education for not doing enough to ensure standards.

    “The inspectorates, I’m sorry to say, are not doing their jobs. Some of them don’t even go near the schools. And if they go, the principals meet them at the gate, envelops are exchanged, and that’s the end of it. The inspectorates have to be strengthened in the ministries of education,” she said.

    Former Federal Commissioner for Works and Housing, Alhaji Femi Okunnu (SAN), who was among the guests, also backed the calls for pupils to be taught in their mother tongue.

    “It is important that we learn in our mother tongue, rather than starting with English Language,” he said.

    Aelex , one of the largest most diversified law practices in West Africa, was established in 2004 through the merger of SAN’s practice and three other leading commercial law firms.

     

  • ‘Lecturer told me to drop law’

    ‘Lecturer told me to drop law’

    Nwora Obiora’s road to becoming a lawyer was very rough. But neither poor advice, poverty, starvation nor money lost on sports betting could stop him. He told ROBERT EGBE how he, despite the odds, bagged a Second Class Upper at both the University of Nigeria, Nsukka, and the Nigerian Law School.

    Family

    My name is Nwora Ike Obiora, from Anambra State. I am the third child and second son of the six children of Mr. Augustine Obiora Okeke and Mrs. Josephine Chinelo Okeke. My dad is a businessman and my mother is a petty trader.

    Education

    I am an alumnus of the University of Nigeria, Nsukka, where I studied Law and graduated in 2015 with a Second Class Honours (Upper Division). I proceeded to the Nigerian Law School, Lagos Campus in November 2015 and graduated in September, 2016 with a Second Class Honours (Upper Division). I was called to the Nigerian Bar on November 30, 2016.

    ‘Nooo. Law is meant for A-1 students’

    One of my primary school teachers in Central School, Ekwulobia (Mrs. Anike) was the first to see the lawyer in me. She nicknamed me “Barrister”, perhaps because of my argumentative nature at that time. In time, almost all my mates in school adopted the name, relegating my real name to the background. That was my first point of affinity and inspiration for law as a career.

    Growing up, the lives and works of people like the late Justice Chukwudifu Oputa, Justice Niki Tobi, the late Chief Gani Fawenhimi, as well as Prof. Ben Nwabueze among others, made me to love the legal profession. But many of my secondary school mates were surprised to find that I am now a lawyer. They thought I would become an engineer, doctor, pharmacist or study some other science related course, considering how good I was in science subjects in secondary school. They had this notion that most art students are those who could not cope with science courses. I think I am one of the exceptions to that “general rule”.

    However, an event occurred in 2010, which made me resolve that I must study law at all cost. After choosing law and UNN as my preferred course and institution respectively, my dad directed me to an old friend of his, who lectures at UNN for guidance and mentorship on the whole pre-admission process. The man and I had never met before. When I told him I wanted to study law, he shouted “Nooo! Law is meant for A-1 students.” He suggested that I get a change of course form and opt for courses like philosophy, psychology, social work etc., after my first year I could then switch to law.

    He told my dad the same thing and my dad tried to persuade me to see reason with his friend. I saw that as an affront and degrading statement, because I was top of my class in primary and secondary schools. I told my dad that if ever I had contemplated changing my course, his friend’s advice had persuaded me otherwise. It was either law or nothing. So, I passed the UTME and Post-UTME and was admitted to study law.

    ‘Day sports betting took my N15,000’

    Sadly, because of lack of resources, none of my family members was able to attend my Call to Bar ceremony.

    I remember when a friend sold me the idea of sports betting. He introduced me to (sports betting website) BetNaija, and, to raise some quick cash, I used all the N15,000 that I had on me to place a football wager on a game, with hopes that I would get lucky and double my money. Of course, I lost the entire sum. I had a sleepless night that day. That was the first and last time I ever tried such. Afterwards, I borrowed about N30,000 from a friend to pay for my Call to Bar fee. Then I called my good friend, Ekeolisa C.O.P to request for his wig and gown set for my Call to Bar ceremony as I could not afford to buy one. Two days to the ceremony, a trader, whom I helped secure buyers, gave me a wig and gown set.

    But raising transportation fare to Abuja for my Call to Bar screening was a big challenge. My family members would have preferred to finance those needs rather than attend the ceremony when the condition precedent for my call had not been met. So, I gave my two invitation cards to my friends Ikenna Egwuatu-Elem and Nkemjika, who attended the event with me.

    ‘Dad borrowed my school fees from micro-finance bank’

    Nigerian Law School (NLS) is an experience I will not forget until the day I go down the grave. It was an experience that made me understand the actual meaning of the word ‘grace’. I never believed I would be able to prosecute my NLS programme due to financial challenges. My parents had to borrow N350,000.00 from a micro-finance bank. That was the only money that my people could give me for almost a year the programme lasted. My tuition (N295,000.00), transportation from the east to Lagos, clothing, feeding for the whole session and every other miscellaneous expense was in that N350,000.

    I remember days that I had to go on an empty stomach, studying in an academic environment that was so demanding. I think the lowest point of it was when I developed stomach ulcer as a result of prolonged starvation during my NLS programme. However, God came through for me through some of my benefactors like Engr. Emeka Mmaduabuchi, Engr. Ebere Ezenwafor, Engr. Buddy Ike Okoye, my university lecturer Mrs. Nkem Itanyi. My friends Mike Nwnnaeka, Chidi Odoemenam, Ukandu Ogbuka, Victor Chikezie, Ozojiofor Chukwunonso etc. I can remember Mike reducing his two-square meal per day to one just to ensure that I had something to eat for the day.

    ‘Law school is overrated, but…’

    On the academic front, NLS was very demanding and quite tasking. I studied like I never did before in any of my previous academic programmes since I had the intention of making a First Class or at least win an award. During the Bar Final examinations, I mismanaged my time in the first paper (Property Law Practice), answering three questions out of four that we were meant to answer. This nearly affected the rest of my examinations, as I went to my room weeping after that examination. I actually thought the chances of making a first class or second-class upper is gone, considering the atrocious grading system of the NLS. Looking back today, I will say that NLS is overrated, but underrate it at your own peril. Most people fail NLS not because they did not read, but because they fall for the hype and allowed fear to dictate their decisions.

    Annoying things clients do

    A notable one is having a client price my services as if they are pricing crayfish and pepper in the market, or paying for my services as though he or she was doing me a favour.

    Most memorable day in court

    It was the day I got a ruling in my favour after I argued positions with a senior of more than 20 years at the Bar, while I was barely four months post call.

    What I would change about law

    If I had my way, I will make Nigerian Law School tuition free or have it subsidised to the level that the son of a nobody can afford it without parents having to sell their lands or other valuables just to send their wards to study there.

    Overcoming poor pay

    If you work in a firm that allows you to do private practice, take full advantage of that and network as much as you can to augment your pay. If you are a good orator and public speaker, nothing stops you from doing that for a fee. If you can write well, instead of writing to solicit Facebook and Instagram  likes and comments, why not think of a way of coming up with a book? In summary, just get additional skills and get involved in other extra-legal activities that generate money provided same are not incompatible with the status of a Legal Practitioner under the Rules of Professional Conduct for Legal Practitioners in Nigeria.

    The future

    I plan to get an LL.M and Ph.D in law in the nearest future. I also intend to advise and consult for national and multinational companies on Intellectual Property, Technology and Anti-trust law, get other professional certifications and memberships. I hope to be a qualified attorney in other jurisdictions, be a partner in my own established top tier law firm. I certainly see myself taking the Silk as a Senior Advocate of Nigeria someday, going back to the classroom as lecturer to help groom the next generation of lawyers and wearing the professorial academic gown someday.

     

     

  • ‘We’ve raised the bar of proving criminal cases beyond reasonable doubt’

    ‘We’ve raised the bar of proving criminal cases beyond reasonable doubt’

    Lagos State Governor, Mr Akinwunmi Ambode, has said the world class DNA and Forensic Centre unveiled recently in the state will eliminate the question of proving criminal cases beyond reasonable doubt.

    He said with this development, it would no longer be possible for criminals to escape justice due to lack of evidence.

    GovernorAmbode said this at the conference of Network of Justice Reform Team put together by the Federal Justice Sector Reform Co-ordinating Committee (FJSRCC) in partnership with the Lagos State government, British Council and European Union through the Rule of Law and Anti-Corruption Programme (RoLAC).

    He said aside other beneficial functions, the centre, which is the first of its kind in West Africa, was designed to make Nigeria join the league of advanced countries, using a more scientific-led investigation technique, thus raising the bar of establishing unquestionable evidence in prosecuting criminal cases.

    “It is in fulfillment of these promises that the first DNA and Forensic Centre was commissioned to embrace a more scientific-led investigation technique and raising the bar of “proof beyond reasonable doubt” in prosecuting criminal cases,”he said.

    The  governor, who was represented by the Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, reinstated the commitment of his administration to social development, improvement of justice dispensation and maintenance of law and order in ensuring that Lagos works for all.

    He said this has become necessary in view of  over 21million population and owing to the cosmopolitan nature and diversity of Lagos.

    He said:“Our success as a government lies more in our continuous collaboration with stakeholders in the administration of justice to achieve our goals and realities of an efficient justice delivery system.

    “Our administration, to a large extent, has addressed the issues of delayed justice through the establishment of Office of Public Defender (OPD), Citizens Mediation Centre and the innovative multi-door arbitration system of justice where numerous persons regardless of gender, status, ethnic or religious grouping are beneficiaries. We have continued to enhance the judicial process in the state in terms of improved welfare for judiciary and put in place state-of-the-art-infrastructures.”

    While charging participants which included judges, states‘Attorneys General of the Federation, lawmakers, among others to come up with significant reforms that would benefit the citizenry nationwide, Governor Ambode said the state government was willing to collaborate with stakeholders in the justice sector to explore the opportunities of the Lagos DNA and Forensic Centre to make Nigeria a safe place to reside and do business.

    Also speaking, Solicitor-General of the Federation and Permanent Secretary, Ministry of Justice, Mr Dayo Apata said the Federal Government was in the process of amending the Police Act, which had been in existence since 1948 to reflect current realities.

    He said aside the Police Act, the government was also in the process of implementing reforms designed to decongest prisons in the country.

    To underscore the commitment of the present administration to reform the justice sector, Apata disclosed that a National Policy on Justice, which is the first of its kind in Nigeria, was recently adopted in collaboration with key stakeholders, adding that by the development, the country can now boast of a policy that declares the collective aspiration for the justice system.

    He said the policy also provides blueprint which outlines the various reforms desirable in the justice sector to engender smooth, fair, just and transparent administration of justice system.

    According to him, “aside the judicial reforms, presently, the Federal Ministry of Justice is also engaging in police reform. “As at today, we are trying to work on the Police Act, which we have been using since 1948 or thereabout.

    “Presently, also, the Ministry is working on the prison reform. The Attorney-General of the Federation has just constituted a working group that is looking at the prison reform in Nigeria headed by the Chief Judge of the High Court of Federal Capital Territory (FCT), who is equally passionate about the issue of prison decongestion.

    “At the moment, the Federal Ministry of Justice is pioneering the trial of Boko Haram suspects, who have been there for the last four to five years and we have already commenced their profiling,” Apata said.

     

     

  • Why you may ‘rot’ in jail

    Why you may ‘rot’ in jail

    Many prison inmates are detained unnecessarily for long while awaiting or facing trial. ROBERT EGBE examines some of the findings of a rights group, Citizens United for the Rehabilitation of Errants (CURE-NIGERIA), on the reasons for this.

    A 2017 study by a not-for-profit organisation, Citizens United for the Rehabilitation of Errants (CURE-NIGERIA), has revealed that out of the 74,508 prisoners in Nigeria, 50,427 or 67 per cent are awaiting trial. This figure according to CURE-Nigeria Executive Director Sylvester Uhaa and a former Deputy Controller of the Nigerian Prison Service (NPS) Pastor Ray Chuks Afujue, has made the country one with the fifth highest awaiting trial population in Africa.

    “This made Nigeria the fifth country with the highest awaiting trial population in Africa, trailing Libya, DRC, Central African Republic and Benin Republic,” Uhaa added.

    But why are so many people detained while awaiting trial? Why are the numbers of inmates growing in Nigeria when it seems to be reducing in some western nations? The reasons are many, but, according to CURE-Nigeria, they include excessive use of pre-trial detention and low investment in welfare spending.

     

    Excessive use of pre-trial detention

    One of the major reasons for increase in prison population is the excessive use of pre-trial detention, especially for simple offences.

    When defendants are admitted to bail by a court, following their arraignment, but are unable to satisfy the bail conditions, they are remanded in prison custody, thus swelling the awaiting trial population.

    However, the Administration of Criminal Justice Act (ACJA) 2015, for instance, makes provision for community service for defendants, who pleaded guilty to certain categories of simple offences.

    Uhaa also noted that law enforcement agencies usually “violate the basic legal provision, which mandates them to assist an arrestee to contact his or her family or legal counsel upon arrest”.

    He urged the Federal and state governments to “ensure the release of people who are illegally and innocently held in prison and detention centres throughout the country, and to take steps to ensure that prisons are used only as a last resort”.

     

    Low investment in welfare

    spending

    The NGO makes a case for increased investment in welfare spending to curb activities that lead to imprisonment.

    Uhaa said: “Research indicates that there is a direct relationship between welfare spending and imprisonment. Countries that spend more of their Gross Domestic Product (GDP) on welfare have lower prison rates than those who spend less of their GDP on welfare.

    “For example, Denmark, Sweden and Finland spend the highest proportion of their GDP on welfare and have the lowest imprisonment rate in the world.

    “This is why we have continued to advocate more investment in education, health and other social and economic welfare programmes, as these will help reduce crime and other social vices in Nigeria.”

    He noted that the argument that “we need to build more prisons, recruit more police, increase security budgets and buy more arms for law enforcement as the ways to reduce crime is false and does not serve the common interest, and must be rejected”.

    “Although incarceration is sometimes necessary to achieve public safety, it alone does not provide the entire solution.

    “This is why we continue to oppose the building of new 3000 capacity prisons in each geo-political zone because doing so without addressing the root causes of the rising crime rate in Nigeria will not solve the problem and the new prisons will soon be filled up with awaiting trial inmates and then we will need to build bigger ones, and then bigger ones. This will lead to prison expansion and mass incarceration in our country,”he said.

     

    Inadequate vehicles to convey inmates to courts

    Without enough vehicles to take inmates to court their access to justice will be severely hampered.

    According to CURE-Nigeria, there is a severe shortage of vehicles to convey inmates to court.

    Uhaa said: “For example, Enugu Prison with inmate population of 2336 serving 95 courts, has only one big Black Maria, three Green Maria, one Hilux truck and one ambulance.

    “Nsukka Prison with an inmate population of 297 serving 38 courts, has one Hilux truck and one old Black Maria. Oji River Prison with an inmate population of 1208 and serving seven courts, has one vehicle.

    “The situation is the same in Lagos. Ikoyi Prison, which serves over 70 courts has only four vehicles. Medium Security Prison in Lagos serves about 70 courts and has only four functional vehicles. Maximum Security Prison covers 30 courts and has only four vehicles.

    “Port-Harcourt Prison, which serves over 70 courts, has only four vehicles, Ahoda Prison serving many local governments, has one functional vehicle and Degema, serving 40 courts, also has one functional vehicle.

    “We are calling on the Federal Government to urgently address the severe inadequacy of Black Marias for inmates’ transportation to and from courts.

    “Also, we call on the state governments to support the efforts of the Federal Government by donating Black Marias to prisons in their states.

    “A situation where governors donate hundreds of vehicles to the Police and none to the Nigeria Prison Service (NPS) even when the prisons in their states are unable to take inmates must not be allowed to continue.”

     

  •  Azinge’s Journal of International and Comparative Law 

     Azinge’s Journal of International and Comparative Law 

    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.BN 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 practiced 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 center 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 amongst 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 Two Hundred and Sixty-seven (267) paged book is divided into six articles each, written by individual writers. Professor Epiphany 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 as a whole 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.

  • N5b ‘substandard’ tyres: Suspects’ trial adjourned

    • SON arraigns three for ‘substandard sugar importation’

    The Federal High Court in Lagos has fixed February 22 next year for commencement of trial in the case of two Chinese and a Nigerian, who allegedly imported sub-standard tyres worth N5billion.

    The Attorney-General of the Federation (AGF) charged Taolung Shen (36) and Xu Jimg Yao (22) with four-count charge of importing sub-standard tyres.

    They were arraigned on March 20 along with Chinedu Madubuike and two companies – Sino Nigeria Import and Export Ltd and Nedeca International Limited.

    The complainant – Federal Republic of Nigeria – accused them of conspiring to import tyres that did not meet the relevant industrial standards, saying they stuffed various sizes of tyres into one, which made them unfit for use.

    The alleged offence is contrary to Sections 320 (2)(b) and 518 (2) of the Criminal Code Act 2004. It also violates Section 26(2)(b)(iii) of the Standards Organisation of Nigeria (SON) Act No. 14, 2015 Laws of the Federation of Nigeria 2004. According to the AGF, the alleged offence was committed in February in Lagos.

    The defendants were also accused of failing to furnish returns on the condition of the imported tyres as required by law, an offence contrary to and punishable under Section 32(1) of the SON Act.

    Madubuike, who was listed as the fifth defendant and said to be “very sick”, was arraigned in absentia.

    The defendants, who pleaded not guilty, are on bail.

    The case was stalled last Wednesday due to the absence of Justice Mojisola Olatoregun, who was said to be attending a conference in Abuja.

    Prosecuting counsel Babatunde  Alajogun said some of the adjournments were due to other engagements of the court.

    He said the first adjournment was due to absence of an interpreter, adding that one has since been found and was in court on the last two dates.

    “We will consider applying for accelerated hearing after further consultation. At the next adjourned date, we hope to open our case by calling our witnesses,” he said.

    Defence counsel, Victor Opara, said he had no complaints that the trial was yet to begin since the suspects were arraigned. “The case was adjourned because of judges’ seminar in Abuja. I won’t say the case has suffered too many adjournments. It’s a fresh case, and if you know the judge very well, she has little tolerance for lethargic disposition to matters by counsel,” Opara said.

    In another development, the Standards Organisation of Nigeria (SON) has arraigned a Kebbi State-based businessman, Alhaji Modibo Akilu, for allegedly importing 560 bags of substandard sugar from Brazil through the Nigerian border with Niger/Benin Republic.

    The organisation also arraigned two traders at the Old Sokoto Market, Shittu Abdullahi and Tukur Sabaru, on  allegations of selling and possessing unfortified and substandard sugar.

    Akilu was arraigned on a four-count charge before Justice Simon Amobeda of the Federal High Court, sitting in Birnin Kebbi, Kebbi State.

    He was arrested in October after his truckload of sugar was impounded by SON officials at the Birnin-Kebbi Central Market. He pleaded not guilty. The case has been adjourned till December 7 for trial.

    Abdullahi and Sabaru were arraigned before Justice Saleh Idrissa of the Federal High Court sitting in Sokoto .

    Abdullahi was arraigned on a five-count charge bordering on sales and possession of 140 bags of unfortified and substandard sugar; Sabaru was charged with six counts bordering on sales of 868 bags of unfortified and substandard sugar.

    Prosecuting counsel, Mr Yusuf Lawal, said the alleged offences contravened the provisions of the Nigerian Industrial Standards for sugar.

    Lawal said the offences were committed on October 30, adding that the accused persons were apprehended by SON officials following information from well meaning Nigerians and sister security agencies.

    They pleaded not guilty to the charge. Their trial will begin on December 7.

     

  • ‘We’ll make Lagos destination for forensic technology, analysis for Africa’

    Lagos State government has completed plans to establish more forensic sections in the next couple of years to complement the DNA Crime Laboratory. This, according to the state, will assist in resolving crimes, which hitherto had proved difficult to solve. The Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, who stated this yesterday in a welcome address delivered at the 2nd DNA and Forensic Symposium held at the Civic Centre, Victoria Island, expressed the desire to make Lagos a destination city for growth and development of forensic technology for Africa.

    Kazeem listed other forensic sections to be established to include toxicology, trace evidence, controlled substances, finger prints, firearms, questioned documents and digital forensic  sections.

    According to him,  the DNA and Forensic centre, described as  the first state owned laboratory in West Africa and inaugurated on September 27, is a “clear testimony to the vision  and mission of Governor Akinwunmi  Ambode to radically improve the justice sector in the state.

    He said with the establishment of the DNA Laboratory, the state will henceforth be applying scientific methods to prosecution, law enforcement, criminal investigation, national security and disaster management as done in international community .

    The Attorney-General also disclosed that the DNA database being developed at the facility will be a powerful investigative tool, which will store DNA profiles for criminal matters and reference samples from those who have offended, particularly sexual offenders, child molestation, unexplained deaths and medical malpractices, among others.

    The state’s DNA and Forensic Centre (LSD&FC) Managing Consultant,  Dr Richard Somiari, during a chat with journalists disclosed that the centre has attended to over 200 enquiries in less than three months of its inauguration and has been bringing solutions to people based on their enquiries. According to Dr Somiari, 80 per cent of the cases were related to relationship bordering on paternity and maternal issues, child abuse and sexual assaults.

  • Anambra CJ becomes World Jurists board member

    Anambra State Chief Judge, Justice Peter Umeadi, has been elected  into the Governing Board of the World Jurist Association (WJA).

    The Nation gathered yesterday that Justice Umeadi was elected at the WJA’s 25th Biennial Congress with the theme: “Energy: Peace and Justice for All”. The congress held in the Caribbean Island of Aruba.

    Justice Umeadi’s election has made him the National President of the Nigerian chapter of the WJA. It also qualifies Nigeria to host the next WJA’s biennial meeting, scheduled for October 2019, which would make Nigeria the first African country to host WJA meeting.

    Also elected as members of the association’s board of governors are Franklin Hoet Linares, from Venezuela, as President; T. A. O. Kaiyuan, from China, as First Vice President; Saeed Zayed Alshamsi, from United Arab  Emirates, as 2nd Vice President and Glendeline Croes, from Aruba, as 3rd Vice President.

    Others are Jacinto Soler Padro, from Spain, to represent World Association of Lawyers; Alberto Jurado, from Venezuela (World Association of Law Professors)  and Alexander Low, from Germany, (World Association of Business Associates).

    Established in1963 in reaction to global clamour for a free and open forum where judges, lawyers, law professors and students world over, could collaborate to strengthen and expand the concept of Rule of Law and its institutions globally.

    The main purpose of the Aruba congress, according to the organisers  was to integrate, as one of the resolutions of the Declaration of Aruba, the consecration by consensus of a new universal Human Right: The Right of Access to Sustainable Energy to Facilitate Long Term Development.

     

    As a non-governmental organisation with special consultative status at the UN Economic and Social Council, the WJA provides a unique forum for the international community.

    With nearly 50 years of accomplishments, the WJA is one of the few organizations working with a broad range of stakeholders to promote the Rule of Law as the path towards world peace.

    Its members include sitting and retired Chief Justices, judges, government officials, law professors, lawyers and students from over 140 different countries.

    WJA has National Presidents in 85 countries, with a Board of Governors that represents every continent and aspect of the legal profession.

     

     

  • Udom urges lawyers to defend rule of law

    Akwa Ibom State Governor Emmanuel Udom has urged lawyers to defend the rule of law.

    He spoke while opening the quarterly National Executive Committee (NEC) meeting of the Nigerian Bar Association (NBA), which ended in Uyo, the state capital, at the weekend.

    He described the NBA as a critical institution, adding that lawyers had a key role to play in the society.

    “If not for lawyers, only God knows what those political hawks would have done to us. The NBA is the foremost organisation in defense of the rule of law in Nigeria today. Therefore, lawyers should rise up and defend the rule of law,” he said.

    According to Governor Udom, a situation where the Independent National Electoral Commission  (INEC)  declared someone  a winner in an election, only for a report from  a Divisional Police Officer (DPO)  to be the basis for annulling the election, was highly regrettable.

    Without the rule of law, he said, democracy would be dead in Nigeria, urging the NBA to strike out from the roll of lawyers names of those who left the profession immediately after their call to the Bar for other things apart from law practice.

    This, according to him, will discourage lawyers from leaving the profession for other vocational callings, such as full time politics.

    He also spoke on the nation’s restructuring, saying: “How do we expect democracy to stand without respect for our laws and a strong Federal structure? The NBA needs to get involved to raise national awareness on some of these things,” he said.

    Udom condemned the idea of laying pipes with billions of Naira to take crude oil to refineries while they can be conveniently built at the states where oil is drilled at minimal cost.

    He urged lawyers to ensure compliance with the local content provision in the laws to enhance human capital and economic development.

    The NBA President Abubakar Mahmoud (SAN) praised the state for promoting smooth operations of criminal justice administration and making justice dispensation easy.

    Mahmoud said his leadership has succeeded in elevating the NBA as a credible partner for national development, adding that the NBA had demonstrated keen interest in national affairs and supported the yearnings and aspirations of Nigerians.

    The NBA president said the association had, in the last few months, pursued the profession’s reform and tried to enhance the association’s governance framework.

    Akwa Ibom State Commissioner for Justice and Attorney-General,  Mr.  Uwemedimo Nwoko, called for increased attention to the plight of young lawyers.

    He expressed the hope that the Legal Profession Regulation Bill will propose a remuneration and welfare committee to stipulate a minimum wage for young lawyers in private law firms.

    “Every year nearly 5,000 lawyers enrol at the Supreme Court as Barristers and Solicitors. Straight they plunge into a most challenging professional practice without experience. More often than not, they are forced to confront realities that threaten their public and personal sense of nobility.

    “This must be seen for the danger it represents to the profession and collectively addressed as such,” Nwoko said.

    The NBA NEC reinstated the leadership of the Section on Legal Practice, which has Mrs. Mia Essien (SAN) as the chairman based on the recommendation of the Yusuf Ali led Committee.

    It also agreed to organise the Chief Gani Fawehinmi Human rights award this year together with a lecture on the World Human Rights Day on December 10.

    The NEC also agreed to resuscitate the NBA Human Rights Committee and get them with all the sections of the association involved in all the activities of the Bar so that they will be carried along in the affairs of the association.

    Mahmoud warned all those who want to succeed him to desist from campaigning outside the stipulated period, urging them to wait until the ban on campaigns is lifted. He said he was not interested in who wins the election, but in the continuity of his programmes.

    The NBA General Secretary Aare Isiaka Abiola Olagunju thanked the Governor and his Executive Council for hosting the NEC.

    He assured them that the NBA would not relent in efforts to defend the rights of every Nigerian and promote the rule of law.

    Governor Udom hosted the NEC members to a banquet at the Akwa Ibom Government House where guests were entertained.

    At the meeting were various Bar leaders, including former NBA President Onueze Okocha (SAN); former General Secretaries Mr. Lawal Raban (SAN); Ibrahim Eddy Mark, Mazi Afam Osigwe; the leader of Jos Bar, Mr. G. Offodile Okafor (SAN); Chief Arthur Obi-Okafor ( SAN); Prof. Ernest Ojukwu (SAN); Paul Usoro (SAN), Mr. Akaraiwe Ikeazor, among others.

     

  • Firm unveils feedback system for judges

    A leading legal technologies company, LawPavilion, has launched the Appellate Feedback System for Judges (AFSJ).

    It will help the Judiciary to monitor judgments from courts of  first instance to the Supreme Court, the firm said.

    LawPavilion’s Managing Director Ope Olugasa said AFSJ was developed in response to the need for judges to be promptly notified when matters they pronounced upon are decided by appellate courts.

    The innovation was unveiled at the Biennial Judges’ Conference, organised by the National Judicial Institute (NJI) in Abuja.

    “The AFSJ is an ingenious attempt to give judges an impartial feedback on their performance such that they are personally motivated to consider all facts and the law before making pronouncements on the matter before them.

    “This would greatly enhance the quality of judgments, even at appellate levels, as the pronouncements of the Court of Appeal that have been appealed would also be captured in the system,” he said.

    According to Olugasa, the AFSJ could serve as a testament to the quality of judges in a state, be used in collating results across states and generate a series of indicators on areas of improvement.

    “For example, at the end of a legal year and based on the number of judgments that are upturned or upheld, the system can generate results, which indicate which state has successfully secured the upholding of criminal matters or civil matters of a particular nature.

    “Such results will in turn be very useful for commercial investors, who can almost predict the outcomes of disputes that go to court in a particular state.

    “Such data is independent and can subsequently be relied upon by state governments and the administrators of the judiciary to come up with tailored training solutions to adequately equip judges and magistrates within their jurisdiction,” Olugasa said.

    The LawPavilion boss urged judiciary administrators to take advantage of the product, adding that it would also assist the National Judicial Council (NJC) in its evaluations and in profiling suitable candidates for elevation to higher courts.

    “Such information would guide the state judicial commissions to source for and equip prospective judges/magistrates with skills, either in the areas where the state appears to be very strong and exceptional or in areas where the judgments from that state have consistently been upturned and thus in need of some improvement.

    “Indeed, it is a new dawn in the Nigerian judiciary with LawPavilion’s innovative solution, which will place Nigerian Judiciary on the global map in an unprecedented style,” Olugasa added.