The Nation Newspaper

Category: Law

Lawyer to Buhari: tackle corruption in high places

A member of the Nigerian Bar Association (NBA) Criminal Justice Reform Committee, Mr. Emeka Nwadioke, has urged President
Muhammadu Buhari to tackle corruption in high places.

He said the President must not be perceived to be shielding close corrupt associates if his anti-corruption crusade is to be taken seriously.

Decrying what he called a crisis of governance, the activist-lawyer urged Buhari to “rekindle confidence and patriotism in Nigerians by being a true statesman and the father of all”.

To him, Nigerians were more divided than ever before due to perceived nepotism and marginalisation.

“The Maina saga is yet another pointer to the high level of impunity at the corridors of power.

“The many unresolved corruption scandals within the government has greatly eroded public confidence in both the president and the government.

“Efforts must be made to arrest this drift and save the anti-graft war from public odium and contempt,” he said.

Nwadioke, who recently marked his 50th birthday, also urged the President to direct attention to the prisons, saying they are in deplorable condition.

“I am aware that Mr. President has not visited any prison since his assumption of office. He will weep for this country the day he steps into any of our grossly dilapidated prisons,” he said.

Nwadioke decried the sub-human conditions to which prisoners and awaiting trial detainees are subjected, warning that the situation constitutes a “major threat” to national security.

Urging the Federal Government to respect the fundamental rights enshrined in the Constitution, Nwadioke, a former Publicity Secretary of the NBA Lagos Branch, advised the government to revisit the classification of the Indigenous Peoples of Biafra (IPOB) as a terrorist organisation.

He said: “In making this call, I am reminded of the words of the United Nations Special Rapporteur on Indigenous Peoples, Victoria Tauli-Corpuz that there is a ‘systematic violation’ of the rights of indigenous people’s through arbitrary arrests and ‘labeling of indigenous organisations, leaders and activists as terrorists.’

“What is more, the deployment of state apparatus towards this end is a major disservice to Nigeria’s emergent profile as a country of laws than strong men. Entrenching the rule of law is a rigorous process that cannot be sacrificed on the altar of expediency.”

A former journalist and advocate for media rights, Nwadioke berated the government over a notice to broadcast stations abridging newspaper reviews, adding that it was “among other fascist directives that signal the advent of full-blown dictatorship”.

“This gestapo-style attempt to muzzle free speech and the public’s right to know is calculated to turn Nigeria into a banana republic and pariah state.

“It must be resisted by all lovers of democracy and freedom. All hands must be on deck to nurture our young democracy and birth the Nigerian Dream,” he said.

Nwadioke urged the NBA to “reinvent itself and rise in defence of the rights and liberties of Nigerians and the rule of law”.

“This is the only way to rekindle faith in the hearts of the masses,” he added.

November 7, 2017
Osinbajo, others advise judiciary on speedy trial of cases

Vice President Yemi Osinbajo (SAN), former Justice of the Supreme Court, Justice Adolphus Karibe-Whyte (JSC) and stakeholders in the justice sector, have urged players in the justice sector to pursue speedy dispensation of criminal cases.

The charge was given at a symposium on speeding up criminal litigation in Nigeria, organised by the Initiative for Socio-Cultural Fairness and Equity (FISE) in conjunction with Conference of Western Attorneys- General (CWAG) Africa Alliance Partnership, which held in Abuja.

In his address, Prof. Osinbajo urged players in the judiciary to always follow the rules of courts in the handling of criminal matters to avoid unnecessary delays, stating that the Administration of Criminal Justice Act (ACJA), 2015 was passed into law purposely to avoid unnecessary delay in the trial of criminal and corruption cases.

The Vice- President, who was represented by Prof Bolaji Owasanoye of the Presidential Advisory Committee Against Corruption (PACAC) however, lamented that the ACJA so far has not lived fully to expectations.

He identified the absence of case management as being a clog in the wheel of speedy dispensation of justice in the country, stressing that the tool is not just aimed at speeding up trial, but ensuring that cases are concluded and justice is served.

He said: “ If all ministers in the temple of justice imbibe the principle of case management, it will put an end to impunity as the system ensures that those found guilty are sent to jail and those found to be innocent are freed on time.

Osinbajo said an improved justice system would not only inspire confidence in the legal system but would attract foreign investment into the country.

He, therefore, praised the organisers of the symposium for gathering stakeholders to brainstorm on how to eradicate delays in the nation’s justice system.

Earlier in his opening remarks, the chairman of the occasion and a retired Justice of the Supreme Court, Justice Adolphus Karibe-Whyte attributed delays of criminal trials to tactics of some lawyers.

He stated that lawyers, especially those on the defence are fond of asking for adjournments in the hearing of cases over flimsy reasons, and urged Judges to stop granting adjournment when there is no need for it.

He said the introduction of Plea and Case Management Hearing (PCMH) will help in the management of criminal litigation and sentencing in the country and added that the purpose of the PCMH is to enable the court to deal before hand with all the issues about the case that may derail or cause delays of the trial.

Also speaking, Director, CWAG AAP, Markus Green, who noted that the judicial system is key to moving litigation forward, emphasised the role of training for judicial officers.

He said the symposium which is aimed at improving justice delivery in Nigeria is in line with CWAG AAP’s mandate of promoting the rule of law and international cooperation.

He said CWAG provides and supports joint training programmes, international collaboration platforms, information exchange and knowledge sharing amongst others.

According to him, the organisation is currently working with justice departments and law enforcement bodies such as the office of the Attorney General, Department of Public Prosecution ( DPP), the police, academic bodies and other organisations in several African countries.

Topics discussed at the workshop include, Case Management orders and directions, prosecuting criminal cases in Nigeria: Issues and International perspectives – USA and ICTY system of criminal litigation.

November 7, 2017
Benue govt urges residents to obey anti-open grazing law

Governor Samuel Ortom of Benue State has urged residents of the state to ranch their livestock or face the wrath of the law.

In a broadcast to the citizens of the state, the governor said open grazing has been banned in the state .

According to the governor: “ Today, first November, 2017, marks the beginning of the prohibition of open grazing in Benue State. I call on all citizens residing in Benue State who are into cattle or livestock business to abide by this law.

“There is no more open grazing in Benue State. All those who are interested in doing livestock business must ranch their livestock, otherwise the law will catch up with them. Let me appeal to all citizens to be law abiding”, he said.

Governor Ortom, however, advised residents against taking the law into their hands in instances of trespass.

“No one should take laws into his hands. We have put in place adequate machinery to enforce the law. Where there are trespasses or infringements of the law, report to the appropriate quarters and it will be duly handled by the team put in place. I want to appeal to all of us to be law abiding.

“The law seeks to protect farmers and herdsmen alike. The law seeks to ensure peace for all citizens. The law is not targeted at any individual or group of people or any ethnic group. All of us must team together and work to ensure the success of this law.

“We have suffered hardship, we have suffered pains, we have suffered sorrow. We have lost so much from both sides and we cannot allow this to continue as leaders with the responsibility of providing security for lives and property.

“I want all citizens to join hands with government to ensure that we adopt this method of ranching which is the global best practice for all those in livestock business all over the world” he said.

November 7, 2017
‘Courts should stop frustrating lawyers’

Miss Adaeze Anah is the daughter of a Senior Advocate of Nigeria (SAN). She obtained a Law Degree from the Madonna University and runs a firm called The Anah Law Practice. She tells JOSEPH JIBUEZE about her father’s influences and her dreams.

Nothing can be as frustrating to a lawyer as travelling a long distance, under stressful conditions, only to get to court and be told the judge would not sit.

If she could, Miss AdaezeAnah would like to prevent such scenarios, which occur regularly.

“If I had the power to change anything about the judiciary, it would definitely be the culture of going to court only to find out that it isn’t sitting.

“I think that this has to be halted definitely because it is simply an efficient way to render lawyers unproductive.

“Sometimes, lawyers travel long distances only to discover that the courts they are scheduled to appear in will not be sitting.

“Given the fact that this is the digital age, emails can be sent to counsel to notify them of change in a court’s schedule.

“This will not only save the lawyer’s business time and resources but will help in restoring the confidence of litigants in the administration of justice system,” Miss Anah said.

Despite the challenges of legal practice, Miss Anah is happy that her father, Mr C.O Anah (SAN), influenced her to study law.

“My dad is my greatest influence as per my decision to be a legal practitioner. This is not because he asked me to read law or cajoled me in any way, but because he carries on like the practice of law is the noblest thing a person could do, like it is a call to higher purpose.

“Naturally, I found myself leaning towards studying law. Here I am today,” she said.

Unsurprisingly, her father, who wanted her to study medicine, is her biggest mentor.

“It sounds like a cliché but it’s true. This is because I watched him proudly stand up to the tenets of the profession and this was not always as glamorous as the picture most people have of lawyers.

“It’s a life of sacrifice and constantly answering the call to almost be divine. He does it with so much grace and humility, it seems unassuming.

“His sophisticated language and gentlemanly manners are not easy to keep up with.

“He strikes the balance of style and substance so effortlessly that I didn’t realise how much industry it entailed until I launched into legal practice,” she said.

Anah, who would have been an artist or museum curator if not a lawyer, chose law because she believes it is a discipline that empowers her to effect change, and to fight for social justice and a better world.

“It is a calling that puts you in a position to affect the course of affairs of people with your actions in some situations, which is both a blessing and great responsibility,” she said.

The day Anah was called to bar was her most memorable as a lawyer.

She explains why: “There was a procession from the auditorium in Bwari to where we were to share a meal as newly called lawyers with members of the Body of Benchers.

“As we walked to the dining hall with all smiles and proud of our accomplishment, people from the sidelines were chanting their expectations of us: ‘speedy justice’, ‘Don’t forget to defend human rights’, “fight corruption o’ etc.

“It dawned on me that with the pretty wig and gown came big responsibilities. Till this day, that experience guides me and my actions,” she said.

Does she remember her first day in court? “Yes. It was at the Supreme Court and I was appearing with my seniors. I remember being in awe of the show of industry by my colleagues and thinking: ‘Wow!’ This is my life now.”

What is her most challenging case so far? “Having been involved in prosecution before the Legal Practitioner’s Disciplinary Committee, the cases in this genre have a unique impact on me.

“It constantly puts me in a position where I am always evaluating myself, style and goals.”

Anah sees herself running a leading legal brand in 10 years, affecting lives positively and taking on what she described as “higher echelons” of success.

Does she have any regrets? “Being a lawyer has its moments but none of those has ever translated to regret for me. Indeed, every challenge has blossomed into growth and development.”

Speaking on the challenges young lawyers face, she said one of them was an increasing communication gap with seniors.

“Lately, the profession has evolved at a speed that is unprecedented. Law firms have evolved from tightly knit offices to firms that bear the semblance of big cooperation; what more, we are still taught that bigger is better,” she said.

According to her, despite the size of some firms, little attention is paid to issues like succession plan, adequate remuneration of young lawyers, defined organogram, health and pension for lawyers and empowerment.

“I am of the opinion that the Nigerian Bar Association (NBA)can and should set up a Committee comprising of very respected members of the profession and young lawyers to map out and enforce a system of appraisal for law firms in the area of working conditions and welfare of the juniors as well as office administration.

“It is my opinion that this will not only give rise to better working conditions for young lawyers, it would also act as a viable channel for the transfer of legal traditions, the understanding of it and confidence in it to the younger generation of lawyers,” Anah said.

Besides her dad, Anah’s other role models include Mr. E. C. Ukala(SAN), Mallam Yusuf Ali (SAN), Mr Emeka Etiaba (SAN)and former NBA General Secretary MaziAfamOsigwe for their professionalism, forth-rightness, courage and integrity.

November 7, 2017
Foundation’s honour for Lalong

Plateau State Governor Simon Bako Lalong has bagged this year’s Kpakpando Foundation Award for Disabled Persons Inclusive Governance.

The award was presented to the governor at the 12thAnniversary Celebration of the Kpakpando Foundation which held at the International Conference Centre, Abuja. .

The founder and chairman of the foundation, Sen. Osita Izunaso, said the award was in recognition of the programmes initiated by the governor and most importantly, the establishment and success story of the Disability Rights Commission which began operation in 2005 when he was Speaker of the state House of Assembly.

He also said the governor was also being acknowledged for his commitment to the provision of equal rights for persons with disabilities in line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and other Declarations of the United Nations 10th Conference of State Parties (COSP) on the Rights of Persons with Disabilities which held in New York from June 12 to 16, 2017.

Other awardees include the All Progressives Congress (APC) which received award for being the first political party in Nigeria to have constitutionally provided for the “Inclusiveness of Persons with Disabilities in National Leadership and Political Participation” across all the states of the federation.

In his acceptance speech, Governor Lalong appreciated the chairman of Kpakpando Foundation and his team for their educational and social welfare interventions in the last 12 years, which he noted have kept the faith with and built the lives of people living with disabilities in the Nigerian Project.

He gave assurance to Plateau citizens and Nigerians that the award will step up all other Inclusive governance measures that will empower people living with disabilities in all aspect of their lives, so that their hope in the people oriented government of the state can be sustained.

The conference which was chaired by Ondo State Ondo Rotimi Akeredolu, had in attendance different groups of people living with disabilities. The APC National Chairman was represented by the chairman of the Governors’ Forum and Governor of Imo State, Owelle Rochas Okorocha, Governors of Adamawa and Nasarawa states. Other dignitaries in attendance were the Minister for Labour, Senator Chris Ngige, Minister for Interior, Lt Gen Dambazzau, Minister for Science and Technology, Chief Ogbonnoya Onu and other senior government functionaries.

November 7, 2017
Wanted: Strong legal framework for petroleum industry

For two days, oil and gas law practitioners and other stakeholders met in Lagos to examine the sector’s legal framework. Their verdict: existing laws have outlived their usefulness. JOSEPH JIBUEZE reports.

Legal experts have called for a quick passage of the Petroleum Industry Bill (PIB) into law.

They said its non-enactment has stalled investment in the oil and gas sector.

According to them, the laws regulating the sector, such as the Petroleum Act, date back several decades and are no longer globally compliant.

They spoke in Lagos at the Lawyers in Oil and Gas Retreat, organised by Bromshy Communications Ltd. Its theme was: Petroleum Industry Bill: Its implementation a panacea for sustainable growth and self-reliance.

The two-day event had six sessions on roles of the executive, local companies and investors, multinational companies, law firms and host communities. There was a session on the history of Nigerian oil and gas legal system and the way forward.

Legal Manager at the Nigerian Petroleum Development Company (NPDC) Mr Amaitari Andabai said having a favourable fiscal regime was key in attracting investment.

According to him, one of PIB’s objectives is to foster a conducive business environment for petroleum industry operations.

He said it is also designed to act as a catalyst for and stimulate increased investment flow in oil and gas.

However, he said such lofty goals cannot be achieved without passing the Bill into law.

“Delayed implementation of PIB has stalled investment in the sector due to uncertainties over fiscal terms,” he said.

He added that existing laws were too old and therefore needed to replaced with the PIB.

“Nigeria’s petroleum laws are archaic; passage of the PIB is long overdue to position the legal regime of oil and gas on a contemporary footing. We must embrace change if we must move forward.

“Strict and full implementation of the PIB is the key to sustainable development of Nigeria’s oil and gas sector,” Andabai said.

He said the Billwould address the salient issues and challenges facing the oil and gas industry

“The fiscal regime of the PIB is quite investor friendly. It compares favourably with other oil and gas fiscal regimes, and has the required features to stimulate further investments in the oil & gas industry,” he said.

An energy law expert and partner at the firm of Perchstone & Graeys, Tolu Aderemi, said the non-passage of the PIB was damaging to the economy.

He believes enacting it would represent a landmark opportunity to herald positive and productive reform in oil and gas industry and to realise and maximise its vast potential.

According to him, failure to pass the Bill has already caused a drought in new investments in the sector.

“A nil investment in the upstream is a recipe for drought in the industry. Let us place the nation above self and get the Bill passed,” he said.

He regretted that almost two decades after the Bill was conceptualised, it was yet to become law.

“A well thought-out, well crafted, truly workable and balanced document would redeem us as a nation from what is becoming a global embarrassment,” he added.

Executive Director & General Counsel at ExxonMobil, Sadiq Adamu, said when the PIB is eventually passed, implementation of reforms should be structured.

“While many countries have changed their petroleum laws from time to time, best practice is to do so in a careful manner allowing for systematic implementation of new laws and regulations, establishments of new institutions in order to avoid operational, administrative and regulatory disruptions,” he said.

In the meantime, he said the government must guarantee the certainty of access to an independent and fair mechanism for a timely resolution when disputes arise.

This, he said, would give businesses the required confidence to invest in the petroleum industry.

“While every country, including Nigeria, has the sovereign right to enact laws to reform any sector it so desires, including the petroleum industry, it must bear in mind that any such reform will have consequences, positive or negative.

“The agenda of the reform must be carefully crafted to achieve the desired results. Key stakeholders must be engaged in the reform agenda to ensure a win-win outcome for all stakeholders,” Adamu said.

A Senior Lecturer at the Niger Delta University, Dr Perowei Subai, said regulatory institutions need reform.

He said the Nigerian National Petroleum Corporation (NNPC), for instance, functions both as a regulatory and commercial agency yet it does not declare profits, nor are its accounts very open to scrutiny.

Speakers also addressed other challenges, such inadequate supply of products locally, insecurity, high cost of production, among others.

Company Secretary/Legal Adviser at Gas Aggregation Company Ltd, Sam Aiboni, said more should be done to build the domestic gas market.

According to him, it can be done by revolutionising gas by launching development projects, increasing production, and accelerating the building of “critical pipeline infrastructure”.

Such infrastructure, he said, include the Obiafu-Obrikom-Oben pipeline (OB3), Trans Nigeria Gas Pipeline and Escravos Lagos pipeline system (ELPS II).

He said gas production sharing contract terms should be finalised, while the seven key gas development projects should be implemented to ramp up domestic supply.

On the role of host communities, a non-Executive Director at DUBRIL Oil Company Ltd, Clement Seweje, said they should endeavour to provide an enabling environment to allow for peaceful operation by oil firms.

“It is when they operate that incomes and development will flow in. Communities must hold their government and relevant agencies accountable for the development of the zone. They must act as whistleblowers in their respective domains.

“The communities must speak with one voice on critical issues concerning their development. Money/inaction must not be allowed to divide the communities,” he said.

Former Rivers State Commissioner for Information and Communication, Dr Austin Tam-George, noted that PIB requires every company in the industry to contribute 10 per cent of their net profit to a Petroleum Host Community Fund on a monthly basis.

Tam-George said the provision should be retained even as there is need to manage the funds well for the communities’ benefit.

“Do we have a way of managing such resources? Will it quell the agitation in the region? If that chapter is included in the final copy (of the PIB), what is the implication?” he asked.

Managing Director of Bromshy Communications, Raqeebah Oloko, said lawyers in the petroleum industry have major role to play in transforming the sector.

“We are at the forefront in drafting and implementing the policies guiding the industry,” she said.

She said the event was designed as a less formal avenue to extensively discuss the oil and gas sector’s challenges and to find lasting solutions to them.

A communiqué was issued at the end of the event with the following resolutions:

“The letter and spirit of the PIB legislations must be tailored towards increasing productivity, as well as deepening Nigeria’s reserve base, and sustaining the environment;

“Nigeria must take the global shift away from fossil fuels seriously and embrace renewable energy sources, even as she seeks to reform her oil and gas industry;

“The pre-emptive powers of petroleum ministers must be properly redefined to guard against arbitrariness;

“Local (host) communities must take their destinies in their own hands as far as compensations and other forms of engagements are concerned, rather than look to their elected representatives or to company officials;

“Nigeria needs to adopt best practices through bilateral treaties on the vast range of issues having to do with oil and gas reform;

“Labour laws at oil and gas companies domiciled in Nigeria must be strictly enforced –with particular reference to the enhancement of local content at managerial level; ending both the expatriate quotas and the lengthy casualization of local staff.

“There is an urgent need for greater capacity building in the enforcement of laws regulating the oil and gas industry in Nigeria.”

November 7, 2017
Lawyers urged to explore opportunities in aviation

Participants at a one-day aviation seminar organised by the Nigerian Bar Association Section on Business Law (NBA-SBL), have advised young lawyers and other members of the legal profession to step up practice and show interest in aviation industry.

They insisted that the gaps in the aviation sector could be bridged if lawyers show more interest in the sector.

Speaking at the annual seminar of the NBA Section on Business Law (SBL) (Aviation Committee) last week, the stakeholders also emphasised the need for lawyers to be more educated on issues in aviation industry in order for them to effectively discharge their responsibilities.

In his opening remarks at the seminar with the theme: Unlocking the potentials of Aviation Law and Practice in Nigeria, Chairman of SBL, Mr. Olumide Apata stated that the essence of organising the programme is to allow young lawyers maximise the opportunities in the aviation sector. Lawyers should not only go into litigation on being called to the Nigerian Bar, but should also tap opportunities that abound in the aviation industry.

He said SBL (Aviation Committee) would organise more programmes that would build lawyers’ capacity.

In his speech, the Chief Executive Officer of Air Peace, Mr. Allen Onyema, noted that there are enormous opportunities for lawyers in aviation industry. According to him, ‘’it is not as if there are no aviation lawyers in the industry, but ‘out of million lawyers, you start counting on your fingers those in aviation sector. I am talking as a lawyer and an operator, there is need for more lawyers in the industry.’

Mr. Pekun Sowole, a legal practitioner, stated that for lawyers to unlock the potentials in the aviation industry, ‘they have to do a lot of home work.

“For instance, some months ago, I received a call from a lawyer that an action was filed against an airline at the State High Court, the Judge later ruled that the High Court lacked jurisdiction to entertain the case. Unfortunately, he messed up the client because if he had done his homework, he should have filed the case at the Federal High Court” Sowole stated

In a similar vein, Acting Chief Operating Officer ( COO) of the South African Airways, Mr. Aaron Muntesi noted that for young lawyers to succeed in the aviation industry, they must first realise that airlines are in the service industry, adding that they must also stick to the basics in order to make meaningful progress.

The Managing Director, Landover Aviation Company Limited, Captain Edward Boyo, stated that the aviation industry cannot survive without the lawyers, insurance operators and accountants.

He, therefore, urged lawyers to rise up to their responsibilities.

Similarly, CEO Speedy Aviation Consulting, Mrs. Fati Garbarti advised lawyers to get involved in aviation laws and help set up laws that would ease operations in the sector.

November 7, 2017
Court hears family’s suit against bank, Registrar of Titles Nov. 13

Justice Beatrice Oke-Lawal of an Ikeja High Court has fixed No-
vember 13 for hearing a suit instituted by the Administrators of the Estate of the late Samuel Iyiola Omotoso against Ecobank Nigeria Plc and the Registrar of Titles in Lagos.

It was over a landed property on 5, Oduduwa Street, GRA, Ikeja, Lagos.

The Estate Administrators in the suit numbered ID/3967GCMW/17, which emanated through Originating Summons filed by Rotimi Aladesanmi are: Mrs. Oluwafunmilayo Nwafor, Mrs. Omowumni Olugunja, Mr. Elijah Omotoso and Mr. Emmanuel Omotoso, who are the deceased’s children.

The administrators are contending the propriety of a Mortgage Deed dated August 24, 2001 and registered as No 14 at Page 14 in Volume 2044 at the Lagos State Land Registry in respect of the property, upon which a credit facility of N155 million was extended to JNC Limited by Ecobank.

They contended that there was no loan advanced to alleged borrowing company, JNC Ltd, by the 1st defendant (Ecobank) pursuant to, or consequent upon the deed of tripartite legal mortgage registered as No. 14 at page 14 in volume 2044 at the Lagos State Land Registry.

According to the Claimants, no amount was stated on the deed of tripartite legal mortgage as loan covered by the mortgage, neither is there any date for ‘repayment’ of any loan stated.

They are praying the court to determine three issues: whether by virtue of the deed of conveyance registered as No.32 at page 32 in volume 1605 at the Lagos State Lands Registry, Alausa, Ikeja between Adeleke Adedoyin and Samuel Iyiola Omotoso, as well as the Letters of Administration issued in respect of the Estate of Late Samuel Iyiola Omotoso, the Estate is vested in the Claimants.

The Claimants also want the court, to determine whether by virtue of the Letters of Administration issued by the Lagos State High Court in respect of the Estate of Late Samuel Iyiola Omotoso, the handwriting analysis of the signature of the deceased on the mortgage deed is a forgery, and whether the said Samuel Iyiola Omotoso was not and could not have been party to the said mortgage deed at all.

Further more, the Claimants want the court to determine, whether the fact that JNC Limited, which is the borrower on the mortgage deed, is a legal nonentity and that there was no loan advanced at all before the demise of Samuel Iyiola Omotoso, who was stated to be the Guarantor.

Consequently, they are seeking a declaration that the tripartite mortgage deed between Ecobank Nigeria Plc, JNC Limited and Samuel Iyiola Omotoso, is not valid, null and void and of no effect, whatsoever.

They also want an order, setting aside the tripartite mortgage in respect of the property, as well as an order directing the Registrar of Titles Lagos State (2nd defendant), to forthwith remove from the register the mortgage deed registered as No. 14 at page 14 in volume 2044 at the Lagos State Land Registry, Alausa, Ikeja.

The Summons is supported by 17-paragraph affidavit, deposed to by one Akpobome Deniran, a Legal Practitioner with Rotimi Aladesanmi & Co., and a written address in support of the motion and exhibits, which include a forensic report examination and comparison of signatures from the Special Fraud Unit of the Nigeria Police, Ikoyi, Lagos.

Responding to the suit, the defendants in a preliminary objection, urged the court to strike out the suit for being fundamentally flawed, having been commenced through an originating summons instead of writ of summons.

The defendants stated that, the suit lacked merit, as they were properly in possession of the property by reason of the tripartite mortgage deed.

The defendants averred that, they did not forcibly take possession of the property on November 10, 2016 as deposed to by the applicants, but that AMCON took possession of the property on March 31, 2016, pursuant to the order of court.

They further averred that the deed of legal mortgage, entitles AMCON to sell, assign, retain possession, and occupy the land, the subject-matter of the mortgage.

“The true position of events is that late Samuel Iyiola Omotoso, was the initial owner of the property at No. 5 Oduduwa Street, GRA, Ikeja, Lagos whose title is registered as No. 32 at page 32 in volume 1605 at the Land Registry.

“That the 1st defendant (Ecobank) granted several facilities to JNC Limited, which were secured with a Deed of Legal Mortgage dated 24th August, 2011, and entered between the 1st defendant and Mr. Samuel Iyiola Omotoso, over the property at No. 5 Oduduwa Street, GRA, Ikeja, Lagos and subsequently registered as No. 14 at Page 14, Volume 2044 of the Lagos State Land Registry at Alausa, Lagos.

That the Deed of Legal Mortgage, was executed by the parties in February, 2009, but the Deed was registered in 2011 during the perfection process, to meet the registry requirement since the date on the mortgage forms should not be backdated.

“That upon the expiration of the facility granted by the 1st defendant, JNC Ltd defaulted in its obligations towards the 1st defendant.

“That following the inability of the said JNC Ltd to meet the repayment terms of the facilities granted to it, the loan was sold and assigned to the Assets Management Corporation of Nigeria (AMCON) via a Loan Purchase & Limited Servicing Agreement dated 6th April, 2011”, Ecobank averred.

According to the defendant, Section 44 of the Constitution, does not apply to land taken possession of based on a mortgage.

They also averred that, there is a loan purchase agreement between AMCON and Ecobank Plc, in respect of JNC Limited account and many other accounts.

November 7, 2017
Why we promote ADR, by Abdulkadir

Former Commissioner for Justice and Attorney-General, Sokoto State, who is the National Vice-Chairman North West of the All Progressives Congress ( APC) and Chairman of the Nigerian Forum of the African Bar Association (AFBA) Mr. InuwaAbdulkadir has described Alternative Disputes Resolution mechanism as an indispensable tool in dispute resolution in a globalised world.

On why the Forum is planning an ADR conference for the first quarter of 2018, Abdul Kadir said: “The Nigerian Forum is organising the conference to examine and explore the dimensions and perspectives of ADR in disputes resolution to fast track quick and easy dispensation of justice in the country.

“We hope to explore the theoretical frameworks and basis for various conflict resolution processes, as well as the practical application of these concepts in the private and public life. We intend to examine topics selected from broad spectrum of areas and issues that are emerging as the use of ADR processes rapidly expands throughout family, organizations and institutions

“Generally, we will get speakers from different sector who will give us different perspectives of ADR to and how they function to advance peace and mutual benefits in commercial and non commercial life.

“ They will take us through the contents and contexts of ADR in modern life and commercial life, In this era of complaints of marginalisation by different segment of the country, we shall also explore a role for ADR for the over all interest of the country.

‘’The role of the ADR in politics, if any, the role of ADR in family life where you apply mediation and reconciliation to smoothen human relationships at all levels of human relationship will also be explored at the conference. We now live in global village and you cannot afford to live in isolation, so you must be part of human community and so, live at peace with everybody.

‘’So, the conference is a must attend as it will address issues of great national and international importance” Abdulkadir stated.

November 7, 2017
‘Any act done in violation of NBA constitution a nullity’

In The High Court of the Federal Capital Territory
In the Abuja Judicial Division
Holden in Jabi

Before His Lordship: Hon. Justice .Y. Halilu
Sui Number: Suit No: CV/24h/16
Date: : Tuesday October 17, 2017

Between
John Echezona Unachukwu …………………………… Plaintiff/Applicant
(Also known and called John Unachukwu
Austin, John Austin Unachukwu,
Unachukwu John Austin or John Austin)

And
1. Incorporated Trustees of the Nigerian Bar Association (NBA)
2. Mr. Augustine Alegeh, (San) (NBA President)
3. Mr. Ken Mozia, San (Chairman, Electoral Committee)
4. Ivir. Oluwaseun Ajoba (Secretary, Electoral Committee) …………… Defendants
5. Hajia Safiy A Balarabe (Member, Electoral Committee)
6. Mrs. Amaka. Ezeno (Member, Electoral Committee)
7. Mrs. Eucharia Pepple (Member, Electoral Committee)
8. Grace Infotech Limited

This suit arose from an action filed by the Plaintiff who was wrongfully disqualified by the Electoral Committee of the Nigerian Bar Association (NBA) from contesting election as the National Publicity of the NBA during the Associations’ general elections in July 2016.

It is the contention of the 1st Defendant that the Plaintiff violated the mandatory provisions of section 16 of the NBA Constitution which required him not to resort to court action until his complaint had first been considered and disposed of by the Dispute Resolution

Committee of the Association, which committee had a mandate to decide the complaint within sixty (60) clays of the receipt thereof

I have considered the totality of arguments in respect of the competency of this action before me. Indeed it is not in dispute that the Plaintiff is a member of the Nigerian Bar Association on the basis of which he indicated his interest to contest for the position of Publicity Secretary of the NBA.

This fact which was not in dispute can be gleaned from paragraph seven of the Plaintiffs affidavit in support of the originating summons.

For clarity the said paragraph seven is hereby reproduced

That I am a registered member of the Nigerian Bar Association NBA and an eligible voter in its 2016 General Elections, having paid my Bar practising fees and branch dues 0n or before March 31, 2016 as provided for in the 2015 constitution of the NBA. The constitution of the NBA and copies of my payment receipt of practising fees and Branch Dues are shown to me and respectively attached to this affidavit as Exhibit “1A, “I B” and “1C”.

The law is settled that a member of an Association is bound by the constitution, rules and regulations regulating the association and cannot decide to pick and choose which aspect of the law to comply with and which one to ignore. FAWEHINMI VS NBA N02 (1989) 2 NWLR (Pt. 105) 558.

Indeed, section 16 of the NBA Constitution provides for the right of any member who has a grievance against the association to sue, but that such right could only be activated after such a member had exhausted the condition precedent set out to be met by that provision.

In their reaction to the provision of section 16 stated above, learned counsel for the Plaintiff stated that at the time the cause of action in the present suit arose, there wasn’t a Dispute Resolution Committee (DRC) of the NBA in place to attend to his grievances, which thereby made it impossible for him to comply with section 16 of the NBA Constitution Counsel referred to the provision of section 12(1)(l) and section I (3)(9) of the NBA Constitution with regards to the creation, membership and or composition of the said Dispute Resolution Committee (DRC).

Having regard to the above basic and undisputed facts, is it lawful in the eye of the law and conscience for the Plaintiff to institute the present suit without resort to or regard for the dispute resolution mechanism provided by section 16 of the NBA Constitution, particularity, where the grievance relates to interpretation of the constitution and alleged violation of the constitution itself?

It is instructive to note that sections 6(6)(b) and 36b of the Constitution of the Federal Republic of Nigeria 1999 as amended guarantees access to court to any aggrieved person such a right having been curtailed by either NBA Constitution of any statue, no matter how well couched.

As stated in the preceding part of this Judgment, the fact that Plaintiff is a member of the Nigerian Bar Association (NBA) and is thus bound by its constitution is not in dispute.

It is also not in dispute that the Plaintiff is challenging the act of the Defendants that purport to constitute violations of the constitution of the NBA.

Having regards to these basic and undisputed facts, was it therefore lawful for the Plaintiff to institute the present suit without resort to or regard for the Dispute Resolution Mechanism provided by section 6 of the NBA Constitution, particularly where the grievance relates to alleged violation of the constitution itself?

In PERETU VS GARIGA (2103) 5 NWLR (Pt. 1348) 415 the supreme Court held per Ngwuta JSC thus;

“All ouster clause, if there is one in the constitution of the PDP and all the parties in the case are members of the PDP, may exclude the jurisdiction of the court from questioning any action of the party based on its constitution. See TAYLORS’S case (supra); However, the courts are not precluded from determining any question as to whether the act of the party is in consonance with its own constitution. The court can entertain a question as to whether the party, in taking any action, complied with or violated its own constitution.”

From the above therefore, it is my ruling that regardless of the conditions precedent provided by section 16 of the NBA Constitution, the jurisdiction of this court or indeed any court for that matter is not ousted to entertain the Plaintiffs claim, so long as the claim involves questions of violation of the constitution of the NBA by the Defendant. I so hold.

Having held that the court has jurisdiction to entertain this case. I shall delve into the substantive suit of the Plaintiff to determine whether he has made out a case to warrant being granted the reliefs sought.

The law is well settled that originating summons may be employed to commence an action where the issue involved is one of the construction of a written law, instrument, deed or will or other document or some question of law is involved or where there is unlikely to be any substantial dispute on issues of fact between the parties. Keyamo vs House of Assembly (2002) 12 SC (Pt. 1) 190.

Let me also note from the onset that where conflicts in the affidavit do not touch on the material substance of the matter before the court, decision may be based on the evidence in those affidavits without resort to oral evidence to resolve such immaterial facts.

It is however trite that an originating summons is procedure where the evidence in the main is by way of documents and there is no serious dispute as to the facts therein. It is not a proper procedure where contention issues or facts are to be resolved.

‘The Plaintiff in his 33 paragraph affidavit approached this Honourable court for the various reliefs as captured in the preceding part of this judgment.

Indeed, a trial court has the onerous duty of considering all documents placed before it in the interest of justice. It has a duty to closely examine documentary evidence placed before it in the course of its evaluation and comments or act on it, documents tendered before a trial court are meant for scrutiny or examination and evaluation.

MOHAMMED VS ABDUBAKAR (2008) 4 NWLR (Pt. 1076) 11 at page 156 -157.

As stated earlier in the preceding part of this judgment the action of the Plaintiff is for the interpretation of a provision of the Nigerian Bar Association (NBA) 2015 i.e section 8(3)(b).

It is the contention of the Plaintiff that on screening his documents the 3rd-7h Defendant’s committee, without affording the Plaintiff any hearing to elicit explanation, determined that he was not qualified to contest, and only one reason was given the one contained in Exhibit “2” (Notice of Disqualification) in that said notice, the 4th Defendant stated that the Plaintiff not being in private practice, was disqualified by virtue of section 8(3)(b) of the NBA Constitution.

The Plaintiff annexed the notice of the disqualification as Exhibit “2”.

For ease of reference the content of Exhibit 2 which gave birth to the present suit is hereby reproduce;   RE: 2016 NBA National Election for the office of the Publicity Secretary. “

Notice of Disqualification.

“I write to notify you that the Electoral. Committee of the Nigeria Bar Association in it meeting held on 11th June, 2016. Disqualified you from contesting for the office sought on the ground.

That you are not in private legal practice as stipulated by section 8(3)(b) of the NBA Constitution, that you are the a judicial editor in the employment of The Nation newspaper please note that you have a right to appeal against the above decision. This right must be exercised within seven (7) days of receipt of this Notice by email.

Kindly Note any appeal against the above decision should be submitted to the secretary NBA Electoral Committee of NBA National Secretariat, Abuja.”

From the above therefore, it is obvious that the disqualification of the Plaintiff to contest for the position of the publicity secretary of the NBA is based on the provision of section 8(3)(b) of the NBA Constitution.

To unravel the mystery and unmask the masquerade for justice to be done, I shall reproduce the said section 8(3)(b) of the NBA for clarity purposes; Section 8(3) (Qualification to hold a National Office).

“A member of the Association shall be qualified to hold a National Office if: He/she is a full member of the Association and has paid, as at the date of his/her nomination, his/her practicing fees and Branch Dues as and when due for three (3) consecutive years inclusive of the year of election.

He/she is in private legal practice;   He/she has at any time prior to his/her nomination been a member of the National Executive Committee or branch Executive Committee as indicated hereunder. “

What then is the meaning of private practice? The black’s law Dictionary, 9th Edition, page 1315, define private as follows;   (i) Relating to an individual as opposed to the public or the government (ii) (of a company) shares that are freely available on an open market. Whereas practice of law on page 1291 is defined as;

The Professional work of a duly licensed lawyer, encompassing a broad range of services such as conducting cases in court, preparing papers necessary to bring about various transactions from conveying land to effecting corporate mergers, preparing legal opinion on various points, of drafting wills and other estate – planning documents and advising client on legal questions.

It is also be noted that section 24 of the legal practitioner’s Act defines a legal practitioners as “a person entitled in accordance with the provisions of this Act to practice as a Barrister and solicitor; either generally or for the purpose of any particular office or proceeding.

I must observe here that the law which regulate qualified lawyers practice in Nigeria is Rule B of the Rules of Professional conduct for legal practitioners.

The Rule provides as thus; a lawyer, whilst a servant or in a salaried employment of any kind, shall not appear as advocate in a court or judicial tribunal for his employer except where the lawyer is employed as a legal officer in a government department.

A lawyer, whilst a servant or in a salaried employment, shall not prepare, sign or frank pleadings, applications, instatements. agreements, contracts, deeds letters, memoranda, report, legal opinion or similar instrument or processes or file any such document for his employer.

A director of a registered company shall not appear as an advocate in court in judicial tribunal for his company.

A lawyer in a full time salaried employment may represent his employer as an officer or agent in cases where the employer is permitted by law to appear as an officer or agent, and in such cases, the lawyer shall not wear robes.

All officers in the Armed Forces who is a lawyer may discharge any duties devolving on him as such officer and may appear at a court martial as long as he does so in his capacity as an officer and not as a lawyer.”

Indeed, a lawyer in a private practice is distinguished from the lawyer in salaried employment.

In a bid to convince the court that he is in private legal practice, and therefore qualified to contest for the election, the Plaintiff annexed various documents.

Exhibit “4” is a letter of engagement as an Associate in J.K Gadzama Law Firm which is a private law firm.

Also in evidence is Exhibit “5” which is a certificate of Appreciation by the NBA when the Plaintiff contested and won the position of Assistant publicity secretary of the NBA.

The Plaintiff also annexed a letter of instruction to handle class action suits in respect of awaiting trial persons on behalf of the National Human Rights Commission. Plaintiff further annexed originating motion he filed in court for the Enforcement of Fundamental Right of 10 Applicants.

From the above therefore, it is obvious that the Plaintiff is in private legal practice I so hold.

The Plaintiff further stated in paragraph 26 of his affidavit that he knows as of fact that the current 2nd Vice-President, Mr. Aliyu Nasarawa is also a full time lecturer at the Jigawa College of legal studies, Ringin, Jigawa State, and no issues was ever made about this when he was appointed to that office in 2016 by the 2nd Defendant.

These facts were not countered by the Defendants. The law is elementary that facts in an affidavit form part of documentary evidence before the court.

Where an affidavit is filed deposing to a certain facts, and the other party does not file a counter affidavit the facts deposed to in the affidavit would be deemed unchallenged and undisputed. BAJ)EJO VS FED. MINISTRY OF EDUCATION (1996) LPELR (SC).

It is on record by affidavit evidence that prior to the determination in Exhibit “2”, the Plaintiff was not called upon to explain why he should not be disqualified from contesting.

It is also in evidence that after the Plaintiff appealed against his disqualification as demanded vide Exhibit “3”, the Defendant did not invite the Plaintiff for explanation.

This action of Defendants, I must say, constitute constitutional infraction contrary to section 36(1) of the 1999 Constitution as amended. The law is well settled that any breach of the right of fair hearing nullifies the act or proceeding without assurances. AUDU VS FRN (2013) 5 NWLR (Pt. 1348) 397 at 410 – 411 SC.

What then becomes of those things done by way of decision arising from Plaintiff s breach of right to fair hearing?

Such acts cannot stand or be allowed to stand in law. The laws made by man for the regulation of relationships generally are a direct copyright of supreme laws handed down by God through His prophets for the regulation of human relationships generally.

Those who flout supreme laws, have a date with God on judgment day… for human laws, offenders shall be dealt with here on earth.

On the whole, it is crystal clear that Plaintiff has established his case on balance of probability to be entitled to judgment.

In consequence of the fragrant abuse of the Plaintiff s right, the following Orders are made:-

The decision of the 3rd – 7th Defendants through the 4th Defendant, which disqualified the Plaintiff fron1 contesting for election as the National Publicity Secretary of the Nigerian Bar Association is hereby nullified.

November 7, 2017