The Nation Newspaper

Category: Law

  • Environmental law and policy: Missing links

    Environmental law and policy: Missing links

    A keynote address delivered by the Vice Chancellor, Lagos State University (LASU), Prof Olanrewaju Fagbohun, at the National Summit on Legislative Framework for Environmental Law and Policy

    Mr. Speaker sir, the environmentalists, scientists and medical doctors know that the “gods are not to blame”, rather, the environment that has been polluted and violated is what is fighting back. The sad reality of the despondency of the majority, however, is that at the end of the day, only few are left to continue to grapple with how to move forward and build a more effective environmental regime.

    Coming home to Nigeria: Prevailing realities

    While it can be said that modern environmentalism dates back to the Earth Day in 1970, for Nigeria, the year 1988 marked the watershed in the history of environmental policy development. Prior to 1988, environmental concerns were dealt with by different tiers of government in line with their respective constitutional responsibilities.  However, in 1988, the Harmful Waste (Special Criminal Provisions etc.) Act was passed in direct response to the Koko toxic waste dump incident.  This was followed by the enactment of the Federal Environmental Protection Agency Act (FEPA Act) in 1988.  The broad functions of FEPA were the protection and development of the Nigerian environment in general, including institution of policy in relation to environmental research and technology.  The Act itself was a framework legislation and it was meant to serve as a comprehensive system for environmental management.

    In 1991, Nigeria formulated and presented to the public its National Policy on the Environment.  One of its many goals is to secure for all Nigerians a quality of environment adequate for their health and well-being. This was the major step that gave Nigeria the focus and pathway to proceed in meeting the environmental challenge facing the country. The policy was first revised in 1999, and very recently in 2017.  There were several other legislations that were enacted to build a common context for Nigeria’s environmental policy actions and form the nexus for all her environmental activities.

    In 2007, and following series of criticisms, the FEPA Act was repealed by the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007.  The objectives of NESREA were similar to that of FEPA and included a broad set of responsibilities.  Significantly, beyond guiding federal agencies in assessing the impacts of their actions and co-ordinating anti-pollution research activities, NESREA has also been responsible for the development and enforcement of national standards, and for the development of national programmes in conjunction with the Federal Ministry of Environment.

    Granted that on paper, environmental regulation would appear to have received considerable attention, the fundamental question to ask is how well this has resonated to effective environmental protection? In the 2012 Environmental Performance Index which assessed 132 countries globally on 22 performance indicators in 10 policy categories ranging from environmental burden of disease to water and air pollution, forestry, biodiversity, fisheries, agriculture and climate change among others, Nigeria was ranked 130th on environmental burden of disease, 26th on agriculture, 81st on biodiversity and 41st on climate change.  Overall, with a score of 40.1 percent, Nigeria was ranked 119th.  Nigeria was also ranked 19th out of 21 sub-Saharan African countries.  In 2016, Nigeria ranked 133rd of 180 countries surveyed on the Environmental Performance Index.

    In 2011, there was also an assessment of oil pollution in Ogoniland by the United Nations Development Programme (UNEP).  The assessment report revealed widespread and severely impacting degradation of swampland surface water, mangroves, intertidal creeks, wetlands, outdoor air and drinking water arising from oil spills and oil contamination.  The report noted that oil spills continue to occur with alarming regularity despite the fact that the oil industry is no longer active in Ogoniland.  Communities are drinking water from wells that are contaminated with benzene, a known carcinogen at levels over 900 times above the World Health Organisation (WHO) guideline. As at June, 2017, it was noted that well over 365 days since the Federal Government inaugurated the Hydrocarbon Pollution Remediation Project, comprising the Board of Trustees, the Governing Council and Project Coordination team, no visible work has been done.  Grave past damage remains unremedied while the gap between political will and constitutional/legal capacity would appear to be increasing.

    In another recent report of the United Nations (Common Country Analysis – CCA), it was noted that despite the fact that Nigeria is a signatory to a number of protocols on sustainable and renewable environment, the country had, over the decades, failed to protect the environment, ecosystem and natural resources.  Overexploitation of natural resources, pollution of the environment and desertification are exposing the population to vulnerability and risks caused by climate change, among others.

    In the face of the above facts and prevailing realities, it cannot be denied that Nigeria’s efforts at ensuring sound environmental governance have led neither to effective transformation nor to a better quality of life to her citizens.  While it can be argued that the number of instruments that have been churned out have contributed to slowing down environmental degradation, a stronger argument can be made premised on the above facts that they have not led to an improvement in the overall situation.  A number of scholarly works have been produced in relation to Nigeria’s environmental challenges.  Several of these scholarly contributors have tried to underscore the raison d’etre for the dysfunction in Nigeria’s environmental governance.

    Among the many reasons that have been given are corruption within regulatory agencies; preference for social affiliations than merit in the appointment of officials; irrational support for organs/parastatals of the state; irresponsible exercise of discretion by some public functionaries; irrelevant controversies and unending face-offs; conflict and unhealthy competition between regulatory agencies; lax enforcement; reluctance in the use of criminal sanction; unrealistic nature of some laws; and absence of procedural and implementation mechanisms.  Reference have also been made to other reasons such as lack of financial resources; lack of technical and administrative resources; lack of political will; overlap and inconsistence in laws; regulatory capture by powerful interest groups; non-involvement of non-governmental organisations and civil society group, poverty and problems of access to justice.

    A host of valuable suggestions have also been proffered to meet the above referred challenges.  Among others, the following have been suggested: more rigorous and innovative use of enforcement; greater degree of public participation; domestication of all relevant and requisite treaties; adoption of integrated strategies; restructuring of implementing institutions; closing of gap between policy-making and law-making; the need for more environmental cooperation; improving the environmental education system; improving access to environmental information; effective monitoring of environmental impact assessment of both public and private projects; reduction of rampant consumerism; development  of more epistemic communities; enactment of smart laws and regulations that are coherent and cohesive; improvement of access to environmental justice; and regular updating of Nigeria’s environmental laws to ensure that they are attuned with reality.

    Laudable and comprehensive as the above extensive “shopping list” would appear to be, the contention in some quarters have been that government cannot implement everything at once.  Consequently, advocates of this position insist on incremental gains and prioritisation of solutions.  Rt. Honourable Speaker, sir, very distinguished ladies and gentlemen, there is the need to appreciate that many of the above proffered suggestions are complementary solutions and are not just options or alternatives in respect to which choices are to be made.  They are also not solutions to be kept on the shelf for implementation only “when able”. They all must work together if we are to achieve the desired transformation.  Consequently, what is required is to build a system of governance that creates a public space for fostering the above solutions in a self-reliant manner.  Governance should be envisioned in terms of all stakeholders and joint actors being motivated to act right.

    The advantage of the above approach is that rather than rummaging through the several complementary solutions on what to implement from time to time, the emphasis of law reform would be more on identifying the underlying factors [missing links] that are not allowing them to self-implement.  Anchored on environmental pragmatism, this presentation will briefly consider those fundamentals that will engender self-reliance and self-responsibility.

    Identifying the Missing Links

    The objective of the Summit as succinctly captured in the concept note is to bring strategic stakeholders on environment together to afford them the opportunity to interrogate relevant issues of concern and to contribute to the development of an appropriate legislative framework for Environmental Law and Policy.  The expectation is that at the end of the 3-day Summit, we will have a clear pathway to formulating effective environmental laws that will enable all role-players to adequately perform their functions and bring about tangible environmental improvement.

    A relevant question to identifying the missing link is what are those roles that the law must be able to play in the protection of the environment?  In my view, environmental law must be able to achieve the following:

    (i) clearly delineate the rights and responsibilities of government and other stakeholders; (ii)  facilitate social change and build momentum for reform; (iii)  set standards and safeguards which individual persons, corporate bodies and government must strictly observe and adhere to; (iv)  create processes that serve to enhance participation, understanding and dialogue (particularly as it concerns vulnerable groups); (v)   give unfettered rights to private citizens to challenge and review decisions by public bodies as it affects the environment; (vi)  achieve a balance of environment and economic considerations; (vii) provide mechanisms for the identification/preservation of endangered species and protected areas; and  (viii) provide for meaningful remedies and restoration mechanism.

    In exploring the missing links in Nigeria’s environmental regulation, it is not my goal to engage in analysis of gaps as may exist in the different sectors where Nigeria has environmental challenges.  Rather, it will suffice to look at four core areas that are critical to environmental regulation, but, where what currently exist can best be described as regulation deficits.These four areas are:  (i) Foundation of Nigeria’s framework Law;  (ii)  Environmental governance structure; (iii) Environmental remedies; and (iv)             Environmental democracy.

    Foundation of Nigeria’s Framework Law

    A critical point that has been made from time to time as necessary for effective regulation is the need for legal certainty in the legal system.  As noted by Joseph Pokrovsky:

    One of the first and most essential requirements that apply to the individual rights developments is legal certainty.  If everyone must obey the law and adapt behaviour to certain requirements, the first condition of orderly social life is the certainty of those requirements.

    Following from above, legal uncertainty is viewed as a characteristic of a poorly designed regulatory system.  Before proceeding further, it is important to differentiate between legal uncertainty and related terms like factual uncertainty and law-fact uncertainty. Legal uncertainty relates to uncertainty about the content of the law.  Factual uncertainty is uncertainty about facts in the world, while law-fact uncertainty is uncertainty about how a decision-maker (a regulatory agency or judicial officer) will apply law to fact.  Factual uncertainty is an inherent element of the human experience, thus, it cannot be eliminated in regulation. Law-fact uncertainty on the other hand can be increased or decreased to some degree depending on the extent to which the law maker has been able to narrow legal uncertainty.  Lobbying efforts and rules of interpretation target legal uncertainty.

    Of what relevance is the above analysis of legal uncertainty to our discourse? Prior to the 1970s, the philosophy and goal of environmental law was “conservation”.  By the 1970s, the goal shifted to protection of environmental quality as relate to land, air and water.  By the time the Brundtland Report was released in 1987, and particularly since the 1992 Rio Conference, the concept of sustainable development became the focus of environmental goal.  Several other concepts such as “sustainability”, “environmentally sustainable innovation”, “biodiversity focused perspectives(rewilding)”, “resilience thinking (which translates to reconnecting people with nature)”, and “environmentally ethics” have come to the fore, but, most of them have been received more as espousing aspects of the concept of sustainable development as the goal of environmental law.

    The problem that has been identified with sustainable development has been how to appropriately reconcile economic, environmental and social objectives.  How are decision-makers to manage the trade-offs that inevitably arises in the course of economic, environmental and social values.  In a number of situations, there are significant scientific uncertainty about possible outcome of the activity in question, thus, making it more difficult for decision-makers to appreciate The lack of a clearly articulated foundational societal goal and proper delineation of specific focused objects that reflects directive principles is in the context of new generation of environmental laws a missing link.  The framework law should also provide for a general environmental duty to repair and restore.  These can be reinforced by mechanisms of enforcement such as bonds or other forms of security to be posted when undertaking potentially dangerous activities.  Such a framework law must also capture design principle such as responsive and flexible environmental governance, and concept of non-regression.

    (ii)  The Governance Structure

    One of the thorniest issues affecting environmental regulation in Nigeria relates to the regulatory issues associated with the federal system of government.  There is often considerable tension between the various spheres of government, while the potential for regulatory overlap between the various jurisdictional requirements is immense.  In defining the scope of law-making  between the different tiers, environmentalists sometime argue in favour of a stronger Federal Government overriding  state autonomy, while at other times the support is for the authority of states to impose more environmentally protective requirements.  Some of the federalism engendered legal issues can be outlined as follows:

    (a)  Deep disagreements over what equity and fairness should prevail in the management and use of natural resources; (b) Divergent values of states at different levels of development within the Federation which makes it difficult to agree on burden sharing; (c) Challenges of reconciling states bearing burdens and costs of developmental transactions without corresponding benefits; (d)   Challenges of ensuring the effectiveness of cooperation at the different tiers of government;  (e)  Challenges of developing mechanisms and strategies to promote compliance and enforcement of environmental laws across the board; and  (f) Challenges of addressing the tension between the different tiers in situation where economic development imposes risk on ecological protection.

    Against the above background, it is of importance that we understand the different arguments that have been put forward in support of the centralised model of environmental federalism vis-à-vis the decentralised model.  In respect of the former, it is viewed as the most appropriate for collective action problems with externalities; it guards against the “race to the bottom theory”; it helps to achieve uniformity; and that it helps to meet the challenge of “not in my backyard” (NIMBY).  In respect of the latter, it is believed that the decentralised model engender policy solutions that are tailored to meet local concerns; enhances more effective participation (legitimacy argument); ensure that innovative environmental initiatives are not constrained by federal standards; and encourage efficiency in the absence of duplication and unnecessary overlap.

    Under the Constitution of the Federal Republic of Nigeria, 1999, there is no express provision or specific reference to the power of the Federal government or any lower level of government to make laws with respect to the environment.

     

     

     

    This notwithstanding, there are several heads of power in the Constitution pursuant to which the Federal government can legislate on environmental matter.  There is also the power of the Federal government to invalidate a State law on a pre-emption basis.  In relation to States, Section 4 (7) of the Constitution confers a general power on the State Assembly to make laws for the peace, order and good governance of the State or any part thereof.

    The implication of the existing arrangement is that the different tiers of government can regulate the environment and enforce pollution standards.  It should be clearly understood that environmental regulation, the sole aim of which is to prevent environmental harm is without doubt a collective action problem.  My conclusion in this circumstance therefore, is that Nigeria should continue to devolve responsibility for strategic leadership i.e. development of national standards/strategies on the centre, while implementation of those standards and planning controls should continue to be de-centralized.

    What I see a missing link is insufficient intergovernmental cooperation.  For as long as this exists, Nigeria will neither be able to achieve policy and action coherence within government agencies nor ensure synergy.  The focus of law reform in this regard is to consider how to deepen activities of intergovernmental forums, mainstream intergovernmental agreements and put in place well-structured targeted programme of financial assistance by the Federal government to States.  Related to this is that there is weak connection between science and environmental policy-making in Nigeria.  The fact of fragmented links between science and existing decision-making structures, coupled with knowledge gaps in our understanding of the interactions between environmental impacts and processes is not peculiar to Nigeria. What has deepened the deficit in this area for Nigeria, and indeed made the situation worse is the lack of synthesis of the information that is even available.  The goal of law reform should be to consider how the regulatory institutions and inter-governmental forums can identify from time to time key areas where research is desirable.  This can be made the focus of award of research grants for our tertiary institutions through bodies like the Tertiary Education Trust Fund (TETFUND). Home grown solutions that will be the deliverables of such research work will be more in sync with the local environment, and more likely to have legitimacy.

    Further, the constitutional right to environment as currently reflected under Section 20 of the 1999 Constitution should be formulated in a more robust manner and expressly made justiciable.  This is a missing link that has remained unattended to for too long. Finally under this head, NESREA’s scope of operation should be the regulation as relevant ofevery sector of Nigeria’s environment including the oil and gas sector.

    (iii)            Environmental Remedies

    The administration and enforcement of environmental remedies is governed by a mix of public law (administrative and criminal), and civil law regimes.  The objective of environmental remedies is that the combined and collective operation of these regimes should serve to deliver three key environmental benefits, namely, deterrence, repair/restoration of environmental damage, and compensation for harm done.  The shortcoming of public law is that environmental protection is viewed as primarily the responsibility of the government, its agents and other public bodies.  The result of this traditional approach is that it overlooks the tremendous contribution and increasing involvement of civil society actors and the private sector in policy-making, capacity building, implementation and monitoring.  While they are by no means a panacea or replacement for government institutions and programs, they play a key role as catalysts and partners.  In the case of civil regime, there are a number of institutional impediments hampering effectiveness.

    The reality is that there is gross dissatisfaction with the remedies offered by the mix of regimes arising from a lack of access to fair, efficient and responsive legal remedies.  Under this head, the missing link in relation to which the momentum for reform is urgent can be briefly outlined as follow:

    1. a) Requirement of standing

    There is a significant improvement in relation to “standing” requirement by virtue of the Fundamental Rights (Enforcement Procedure) Rules, 2009. However, since human rights does not protect the environment perse, a declaration of the broadening of locus standi in a framework law will effectively serve in the right direction (See Art. 52 (3) (a) of the Portuguese Constitution and the mandatory provision in Art. 9 (2) subsection 3 of the Aarhus Convention);

    1. b) Pre-action notice requirement

    The requirement of Pre-action Notice should not be made applicable to environmental matters.  If for any reason it should be retained, non-compliance with it should be viewed as a procedural defect such that courts can stay offensive action while pre-action notice is served;

    1. c) Special limitation period in environmental matters

    For environmental matters, there is a need for special limitation period structured to run from the date of knowledge of the person injured.  This approach is what obtains under the United States Comprehensive Environmental Response Compensation and Liability Act (CERCLA) which provides that time does not start ticking for statute of limitation purposes for all claims related to personal injury or property damage until the plaintiff knew or had reason to know his injuries was the result of a particular hazardous containment.  This is in recognition of the fact that environmental contamination may have a long latency period.

    1. d) Problem of causation

    There is a significant difficulty in proving causation in environmental matters.  The trend now is to leverage on the principle of precautionary approach to shift the burden of proof to the party who is involved in or is seeking to undertake a potentially harmful activity.  In this regard, we will be giving the benefit of doubt to protection of human health and environment as against contaminants. There is a need to push less for the requirement of “mens rea” while leveraging more on the principle of strict liability;

    1. e) Compensation regimes

    There is a need for urgent review of the compensation regimes of laws such as the Oil Pipeline Act (Cap. 338, LFN, 1990) and section 29 (4) of the Land Use Act.

    (iv)            Environmental Democracy

    Environmental democracy is the increasing recognition that environmental issues must be addressed by all those affected by their outcome, and not just by governments.  It connotes:

    1. a) right to a safe and healthy environment;
    2. b) right to information that guarantees free, prior and informed consent;
    3. c) effective public participation;
    4. d) access to justice in environmental matters; and
    5. e) procedure for monitoring and compliance.

    Environmental democracy is what will entrench in institutions practices of public integrity such as accountability, monitoring and transparency in environmental performance, decision-making and conduct.  Under this head, the missing link that should be the focus of a reform agenda can be outlined as follows:

    1. a) An urgent need to expressly infuse the procedural right of environmental democracy into Nigeria’s framework law. This will greatly enhance the expanded and increased role that is being envisioned for private individuals and non-governmental actors in the enforcement and administration of environmental law;
    2. b) It is recommended that Section 251 (1) of the 1999 Constitution should be amended to also give jurisdiction to the State High Court over items listed under Section 251 (1) (n) in respect of environmental claims. This will ensure easier access to justice;
    3. c) The Environmental Impact Assessment Act should be overhauled to not only reflect meaningful and effective participation by all stakeholders, but, to also involve local communities in decision-making concerning management of resources.

    Concluding Remarks

    What we have done in this presentation is to identify those fundamentals the lack of which have consistently undermined the effectiveness of environmental regulations in Nigeria.  Nigeria’s laws have largely remained dysfunctional while relevant regulatory institutions including the judiciary (which should keep a check on proper implementation) are struggling with how to manage the challenges. We argue that if roles and responsibilities are well-defined, and there are clear rules and guidance principles in the general framework, the trickle-down effect will be greatly beneficial across sectors.

    To further push the consciousness of public officials, the time is ripe for all government ministries to be required to put in place a Statement of Environmental Values to record their commitment to the environment in their decisions.

    The challenges of environmental regulation which we have identified in this presentation, notwithstanding, Nigeria must remain undaunted in her quest for effective environmental governance.  The truth is that environmental governance globally is inherently a complex, difficult and expensive process.   It is only by continuously interrogating the issues that the nation will be able to bring about tangible environmental improvement.

     

  • Senate vs IGP: Hunting the hunter

    Senate vs IGP: Hunting the hunter

    The Senate has threatened to order the arrest of the Inspector-General of Police (IGP), Ibrahim Idris, if he shuns its invitation at the end of the deadline today. Can the lawmakers make such an order? How would it be implemented? ROBERT EGBE asks. 

     

    The arrest of an Inspector-General of Police (IGP) on the orders of the National Assembly has no precedence in Nigerian history.

    But, last Thursday, the Senate vowed to issue a warrant for the arrest of IGP Ibrahim Idris, unless he met today’s deadline to appear before its ad-hoc committee.

    The committee, chaired by Senator Francis Alimikhena, is investigating allegations of abuse of office against Idris.

    Alimikhena issued the threat after the IGP shunned a scheduled investigative hearing at the Senate.

    The Edo North senator said the IGP was summoned by the panel on October 16, to respond to allegations made against him by Senator Isah Hamman Misau.

     

    Senate’s summons

    The basis of the Senate’s invitation of the IGP is the claims of a former Deputy Superintendent of Police (DSP), now Senator Misau.

    Misau (Bauchi Central) stirred up the hornet’s nest when he alleged that police officers paid as much as N2.5 million to get special promotions and postings.

    He accused the police boss of diverting money meant for the purchase of Armoured Personnel Carriers, Sports Utility Vehicles and other exotic cars.

    He told the probe panel that the IGP purchased two jeeps for the wife of the President, Mrs. Aisha Buhari.

    Misau also alleged that the IGP misused over N120 billion generated by the Police in one year from providing security for private firms and privileged individuals

    He further alleged that the police boss impregnated a serving police officer and hurriedly arranged a marriage ceremony in Kaduna.

    Idris, through the Police spokesman, Jimoh Moshood, dismissed the claims as unfounded and a smear campaign against the IGP.

    The police spokesman asked Nigerians to disregard the allegations against the IGP

    In like manner, Mrs. Buhari also denied the purchase of cars for her by the IGP.

    On October 11, the Federal Government of Nigeria, through the office of the Attorney-General of the Federation, Abubakar Malami, filed two separate fraud charges against the Senator for making ‘injurious statements’ against the IGP.

     

    The IGP’s suit

    Idris, in a fundamental rights enforcement suit marked FCT/HC /CV/ 3158 /17, asked the court to declare both the Senate committee, set up to probe the allegations and the conduct of the committee as unconstitutional, null and void.

    The police boss also wants the court to make an order stopping the committee from inviting him, sitting, conducting any hearing on the allegation, discussing or making any report in respect of the planned investigation pending the determination of his suit.

    Through his team of lawyers, led by Charles Ogolu , Idris contended that the Senate President , without regard to relevant constitutional requirements in respect of the role of the Senate in investigations of allegations , set up the committee “ in reaction to “these frivolous allegations “ by Misau.

    The IGP contended that “the act of the first respondent (Saraki) in constituting the committee is ultra vires, unconstitutional, null and void.

    “The said committee so constituted is acting ultra vires, unconstitutional, null and void.”

    Idris also faulted the constitutionality of the committee set up to probe him, seeking, among others,“An order restraining the President of the Senate and the entire Senate from receiving and discussing any report submitted to it by the committee set up to investigate the allegation against Mr. Ibrahim Idris pending the determination of this suit.”

     

    Arrest: extent of lawmakers’ powers

    The National Assembly’s powers to summon or issue warrants of arrest are as contained in Section 89(1) and (2). According to S.89(1)(d), the warrant is only for the purpose of compelling appearance.

    Alimikhena said: “We invited the IGP to appear before our committee. This morning (last Thursday), we got a letter from his lawyer, Alex Iziyon, that he will not appear before this committee. He said the IGP has already gone to court and appearing will be sub-judice.

    “It is our duty as a parliament to investigate the allegations raised. This committee was set up before they went to court. We cannot be stopped. No court can stop us from carrying out our duties. There is a separation of powers. No court can stop us.

    “We will invite him again next Tuesday. There are issues about virement in the 2017 budget which Misau also raised. We need him to respond to these allegations. We will invite him again and he will appear before us. If he fails to appear, we will invoke Section 89 of the 1999 Constitution, as amended.”

     

    Who can arrest an IGP?

    A former IGP, Sunday Ehindero, in his book, Police and the Law in Nigeria, defines arrest as consisting in “the touching of a man’s body with a view to his restraint. Words may, however, constitute an arrest if they are intended to, and do in fact bring to a person’s notice that he is under compulsion and he submits himself to such compulsion.”

    Theoretically, the IGP has no immunity from arrest. According to Section 308 of the 1999 Constitution (as amended), only the President, the Vice President, governors and deputy governors enjoy that privilege, while in office.

    But, practically speaking, the IGP, like the heads of military or armed para-military organisations, appears to enjoy a de facto immunity from arrest which is tied to the President and safeguarded by the armed men under his command.

    The IGP is a direct appointee of the President and, unlike other officers under his command, he is not subject to the disciplinary powers of the Police Service Commission (PSC).

     

    Why PSC can’t intervene

    The PSC is empowered under the law to appoint for promotion and exercise disciplinary control over persons in the Nigeria Police.

    But under Section 6(1) of the PSC Act, such powers do not extend to the IGP. In other words, such powers belong to President Muhammadu Buhari.

    On October 8, 2017, the PSC, in a statement by its Media, Press and Public Relations Officer, Ikechukwu Ani, confirmed its limitations in the Misau-Idris face-off.

    “The Commission also wishes to state that its powers to do this do not cover the office of the Inspector-General of Police,” he said.

     

    Legal views

    Two Senior Advocates of Nigeria (SANs) Seyi Sowemimo and Festus Keyamo agreed that no law confers immunity on an IGP. They, however, noted that the court case aside, it may be near practicably impossible to physically compel an IGP to go where he does not want.

    Sowemimo said: “An IGP doesn’t enjoy any immunity under the Constitution, so, there’s no reason why he cannot be arrested, but who is going to arrest him? Certainly none of his policemen would do that.

    “So, these are the practical difficulties that the Senate faces. Yes, it has the power to issue a warrant for the arrest of anyone who holds the Senate in contempt, but now the man is saying there’s a case in court.

    “Ordinarily, if there’s a case in court which touches on what the lawmakers are investigating, they have to defer to the case in court. They cannot resort to self-help; they should allow the court to pronounce.

    “It is just one of those irritating things about the law, because we all know that the suit in court may be an avenue for him to avoid the Senate invitation.

    “Unfortunately, our courts too allow themselves to be used, because a judge in such a situation should hear that matter quickly and probably direct that there is no ground, he should go and face his invitation at the Senate. But this matter could be dragged on for so long.

    Sowemimo urged the Senate to await the decision of the court.

    “It is sub judice and the lawmakers should not expect him to come and be answering them if he’s pursuing a case to restrain them in court.”

    According to Keyamo, the court case is a ground for the Senate to suspend its invitation, “if they have been served.”

    He noted that if the IGP failed to serve the lawmakers, then he had a duty to honour the invitation, otherwise, he would be giving the President a ground to remove him from office.

    Keyamo said: “The IGP is not above the law. If they issue a warrant of arrest for him, he ought to take himself there because the warrant of arrest is usually directed to his office, to arrest anybody and bring before the Senate.

    “Now he is the one involved, if he fails to obey and take himself there, it could be a ground for the President to remove him from office as IG, because that means that he expects everybody to obey the law and he, who is expected to enforce the law, is not obeying it.

    “But, it may not be possible for somebody to arrest and take him to the Senate because he is the IG and no inferior officer can arrest him, except another agency altogether and those other agencies may not be empowered to do so.”

     

    Can the Senate ask another agency to

    arrest the IG?

    Section 89(2) of the Constitution does not limit the execution of a warrant issued by the National Assembly to the Police. Thus, the lawmakers may authorise “any person” to effect service.

    But the senior lawyers do not find that probable.

    “That would be chaotic,” Keyamo said, “because the IG has ‘troops’ at his disposal.  So, it would be practically impossible to invade the police headquarters and arrest the IG. What kind of troops will do that? There’ll be a shootout, there’ll be dead bodies. It’s only the President that he’s answerable to.”

     

    Has an IGP ever been arrested?

    Nigeria does not have a history of arresting police bosses, but on April 4, 2005, four months after leaving office, former IGP Tafa Balogun was arrested by the Economic and Financial Crimes Commission (EFCC) and successfully prosecuted for corruption. He bagged six months in jail after a plea bargain.

     

    Iran’s experience

    On March 10, 2008, the police chief of Iran’s capital city, Tehran, Reza Zarei, was arrested after allegedly being found nude in a local brothel with six naked women. Zarei was in charge of a programme for the “moralisation of the city”.

     

    Will Idris honour the invitation?

    The IGP seems to be undecided as to whether he will honour the Senate’s invitation. Last Friday in Abuja, he told State House correspondents that his appearance was conditional, on the advice of his legal team.

    He said: “These are legal issues; we are discussing with our legal team, obviously if there is need we are going to appear for the sake of having respect for the senate, I will appear before them.”

     

  • ‘How I made double First Class in law’

    ‘How I made double First Class in law’

    Lawal Kazeem made a First Class in Law from the Adekunle Ajasin University, Akungba-Akoko, Ondo State in 2016. He repeated the feat at the Nigerian Law School this year, making him the second AAUA graduand to make a First Class at the university and Law School. He shares his story with ROBERT EGBE.

    Background

    I cOme from a family of six; four females and two males, and I am the last born of the family. My father (now deceased) was a driver and my mother a
    petty trader. Growing up was a bit of fun for me, because, even though my parents were not rich, I vividly remember that I usually play around with my friends subject, however, to having done my assignments.

     

    Education

    My academic sojourn started at Shadow of Almighty Nursery and Primary School in Ajara, Badagry. I thereafter proceeded to Ajara Grammar School for my secondary school education. I was admitted to study law at Adekunle Ajasin University and graduated in 2016. I proceeded immediately to the Nigerian Law School (Kano Campus) and graduated this year.

     

    Choice of AAUA

    To be candid, prior to choosing Adekunle Ajasin University, I didn’t know anything about the school apart from the fact that my elder brother was there studying Political Science. It was he who eventually influenced my choice of AAUA. I never had any problem with getting admitted to the school, because AAUA’s admission process is transparent; all I did was study hard, met the required cut-off mark for admission to law, and I got admitted. From my first year, I realised that AAUA was perfect for me; the school’s up-to-date library, brilliant and dedicated lecturers, conducive learning environment and affordable tuition fees, etc made learning so interesting and fun.

     

    Making a First Class

    Making a first class was a deliberate pursuit. I was determined from 100 level to make a first class and I started having a first class CGPA from 100 level, specifically 4.56. However, some people told me it was not possible because no student had ever archived such feat in AAUA Faculty of Law. But in 2012, when Mr. Opeyemi Longe blazed the trail, his achievement inspired me and further strengthened my confidence and raised my hope. Hence, I resolved that if he could do it, so could I, and I eventually made it.

     

    Law School feat

    My next target was the Nigeria Law School and I was prepared for it.  Expectations were high and everyone was simply waiting for me to replicate what I had in AAUA at the Nigerian Law School. I remember vividly that before my final examination at AAUA, one of my lecturers, Mr. Ayeni specifically told me: “Kazeem you should be thinking of a First Class at the Nigerian Law School”. Besides, the quality of legal training I received at AAUA greatly helped me at the law school. AAUA has the best curriculum and learning environment. For instance, at AAUA Faculty of Law, all examinations are completed within one week which is the same at the law school. Also there were two unique courses I did that were of help at the law school; Practical Law and Clinical Law. The aforementioned courses exposed me to the practical aspects of law, especially draftings.

     

    How I got funds for my fees

    Funding my university education was not much of a difficulty because apart from the fact that tuition was affordable at AAUA, I really enjoyed the grace of Almighty Allah. I had very supportive family and friends. The Daramola family of Iwaro Oka took great care of me during my undergraduate days.

    I did find it it difficult funding my law school, but this was overcome with the help of my family members, the Dean, Faculty of Law, of Adekunle Ajasin University, Prof. E.A Taiwo, the Sub-dean Dr. M.C Ogwezzy, Mr. Adebayo Ojo Of Adebayo and Gbadamosi Legal Practitioners in Ibadan, my big Uncle, Mr. Yinka Fadayomi, Mr. Adekunle Adeyeye;  all these great persons and others that I cannot readily remember made my one year mandatory professional training at the law school a reality.

     

    Dating, distractions

    I was not in any relationship at the university and the Nigerian Law School, and it was of great assistance to me because I had no emotional issues to deal with.Yes, there were distractions, but all I did was to choose those forms of ‘distractions’ that further helped me, and I participated less in social activities.

     

    Motivation

    Although I cannot deny the fact that so many things motivated me such as the need to demystify law and to be an authority in my chosen field, I am largely self-motivated.

     

    Role models in the profession

    I have quite a number of them but I will mention just a  few, namely; Prof. E.A. Taiwo, Prof. Koyinsola Ajayi (SAN), Dr. M.C. Ogwezzy, Mr. Adebayo Ojo, and Mr. Kazeem Gbadamosi.

     

    Low times

    Yes, I had two specifically. The first was when I lost my loving father in 2008 and the second was in 300 level when I had the worst CGPA; 4.32.

     

    The future

    My plan is to be an authority in my chosen field through research, active practice and to also continue my legal education. Insha Allah, I am planning to undertake my Masters and Doctorial studies at Cambridge University, United Kingdom

     

  • Fed Govt gets wake-up call on 600 death row Nigerians in Asia

    Fed Govt gets wake-up call on 600 death row Nigerians in Asia

    The Legal Assistance and Defence Projec (LEDAP) has berated the Federal Government for not showing  interest in the plight of over 600 Nigerians on death row in foreign countries.

    The National Coordinator of LEDAP, Mr. Chino Obiagwu, expressed this concern  during a media chat in Lagos on the occasion of the World Day Against the Use of the Death Penalty.

    The theme of this year’s World Day Against the Use of the Death Penalty is “Poverty and the Death penalty”.

    Obiagwu said while there is a growing concern by rights activists over the rising number of Nigerians who are awaiting execution in South-East Asian countries for various offences,  the Nigerian government hasn’t paid any attention to their plight.

    He pointed out that the number of Nigerians, who are facing the death penalty in foreign countries, most of which are for drugs-related offences was startling.

    According to him, “South-East Asia alone, has over 600 Nigerians who have been condemned to death, and are awaiting execution in various prisons”.

    He said: “Why this is a worrisome development that  deserves the attention of the Federal Government of Nigeria,   most of the convicts never had the benefit of proper legal representation.They were therefore, subjected to summary trials and convicted and sentenced to death, without being given the benefit of legal counsel”.

    The National Coordinator of  LEDAP contended that  abolition of death penalty in law and practice, should be the desire of the government, “as death penalty is cruel and inhumane treatment, and has no place in modern society”.

    He lamented that the application of the death penalty is discriminatory in the country as it has become a punishment exclusive to the poor in society.

    LEDAP contended that the reason for the discriminatory outlook, is due to the fact that the rich have the resources to settle the police or afford the best lawyers, who ensure that they are not convicted.

    He remarked that because of the firm belief of the group on abolition of death penalty, LEDAP has continually fought legal battles with the federal and state governments, on the need to ensure that fundamental rights of citizens are safe-guarded and the death penalty is abolished.

    He said within the last two years, the group has secured acquittal for 18 death row inmates in different prisons in the country on appeal, a development which he said lend credence to the unreliability of the criminal justice delivery system, on capital offences.

    The group urged state governors not to sign any death warrants, as it constitutes state murder.

    “With the high number of criminal convictions overturned on appeal, continued execution is risky, as innocent people may be wrongfully killed.

    “LEDAP strongly believes that in its practical application, the death penalty is discriminatory, as there is hardly any rich or influential person in society, who is sentenced to death”, he added.

     

     

     

  • What next after Salami’s rejection of appointment?

    What next after Salami’s rejection of appointment?

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, will have to look for another person to chair the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) after former Court of Appeal President Justice Isa Ayo Salami turned down the offer. There are concerns over potential conflict of interests by some of the committee’s members, writes ADEBISI ONANUGA.

    To keen observers, that Justice Isa Ayo Salami, a former Court of Appeal president, turned down the offer to chair the Corruption and Financial Crime Cases Trial Monitoring Committee (COTRIMCO) did not come as a surprise.

    Many had hailed his appointment because of his antecedents and reputation as an incorruptible judge. It was believed that with him as head of the monitoring team, there would be some headway in high-profile cases that have been hanging in courts.

    The Chief Justice of Nigeria (CJN), Justice Walter Ononghen, had on September 27 named Justice Salami as chairman of COTRIMCO after the 82nd meeting of the National Judicial council (NJC).

    It was in a bid to strengthen the judiciary, improve its image and ensure that the courts are not used to derail the fight against corruption.

    Shortly after his nomination was made public, Justice Salami returned from an overseas trip to announce his rejection of the appointment.

    He was said to have met with the CJN to thank him for the honour and explained why he could not accept the job. He also sent a letter explaining his reasons for withdrawing. He was reported to have consulted widely with the Bench, the Bar and his family before making his decision.

    According to a report, the eminent jurist opted to stay away from the committee in order not to tarnish his image. Salami also told a national newspaper that he rejected the appointment because it was not in his interest and that he did not need it at this time.

    The jurist said the judiciary abandoned him at a time he needed it most, when he was being hounded and harassed by the Goodluck Jonathan administration, allegedly over his refusal to influence the Court of Appeal verdict in respect of the protracted Sokoto governorship legal tussle, in favour of the sitting Peoples Democratic Party (PDP) governor.

    It was said that Justice Salami declined the request made to him by the then CJN, Justice Aloysius Katsina-Alu. Salami was also said to have rejected an offer to be elevated to the Supreme Court.

    Although the CJN was said to have meticulously selected members of the COTRIMCO, Justice Salami could not be convinced to serve on the 15-man committee.

    Members are Chief Judge of Borno State Justice Kashim Zannah, Chief Judge of Imo State, Justice P.O. Nnadi, Chief Judge Delta State, Justice Marsahal Umukoro, and Chief Judge of Oyo State, Justice M. L. Abimbola.

    Others are the Nigerian Bar Association President Mr. Abubakar Mahmoud (SAN), his predecessors, Chief Wole Olanipekun (SAN),  Mr. Olisa Agbakoba (SAN), Mr. Joseph Daudu (SAN) and Mr. Augustine Alegeh (SAN); Dr. Garba Tetengi (SAN) and Mrs. R.I Inga.

    Representatives of Non-Governmental Organisations, Ministry of Justice, Institute of Chartered Accountants of Nigeria (ICAN), as well as the Secretary of the NJC, Mr. Gambo Saleh, complete the committee.

    Observers said while Justice Salami may have been comfortable with the judges, he may have had doubts about dealing with the potential conflict of interest involving other members.

    Analysts believe Salami may have considered the fact that some of the members may be difficult to control in view of their involvement in some high-profile cases.

    However, the six persons representing the Bar are all respected Senior Advocates of Nigeria (SANs) and prominent leaders of the profession, who are expected to keep their personal interests aside.

    But, expressing concerns over potential conflict of interest, the Socio-Economic Rights and Accountability Project (SERAP) in a letter to the CJN, signed by its Executive Director, Adetokunbo Mumuni, urged Justice Onnoghen to reconsider the committee’s composition.

    The organisation said the composition of the committee was not in consonance with the advice of the UN Special Rapporteur on the independence of judges and lawyers.

    It urged the CJN “to urgently revisit, review, and reconsider the membership of the committee to ensure that members currently handling high-profile corruption cases involving Politically Exposed Person (PEPs) are removed.”

    It was learnt that one of the committee’s members is involved as a defence counsel in three charges filed against former National Security Adviser, Col Sambo Dasuki (rtd.), before a Federal High Court, and Federal Capital Territory (FCT) High Court by the Economic and Financial Crimes Commission (EFCC), as well in the defence of a corruption charge against former Benue State Governor Gabriel Suswam.

    Another member of the Bar in the committee is also said to be a defence counsel to Dr. Raymond Dokpesi , founder of AIT/Ray Power, who is facing alleged corruption-related charges before a Federal High Court in Abuja.

    Much as the initiative of the CJN is commendable, observers are worried that there may be conflict of interests among some members of the Bar in the committee in private practice whose firms are defending cases of corruption.

    It is believed that there is a likelihood that such members may not be firm enough in recommending stiff sanctions against those who delay cases, and might not be fair in their judgment of the cases they are supposed to be monitoring. It is also feared that such persons may be reluctant to report infarctions to the NJC.

    Critics are equally worried that these members may not do the  job dispassionately.

    To Mumuni, lawyers who have defended and are defending cases of corruption should not be in the committee.

    He said such lawyers would be caught between two masters and therefore may not been fair. He said although a lawyer has a right to defend whoever briefs him, it behoves such lawyers to reject other appointments that could lead to a conflict of interest.

    “What we found very disturbing is that most of the lawyers we have seen who have handled and who are still handling criminal matters for political exposed persons (PEP) are also part of the committee who are supposed to monitor cases of corruption, who are supposed to work on it and give advice to NJC as to what is supposed to happen.

    “We believe that that should not happen because conflict of interest issues will arise. That is why we opposed some of the past NBA presidents who are members of the committee and who have handled and are still handling cases of corruption for PEPs,” he said.

    Our correspondent sought to speak with members of the Bar on the committee, but for two days, most of them did not pick their calls, nor did they reply to text and WhatsApp messages sent to them on the likelihood of conflict of interest.

    Only Agbakoba responded. He dismissed the presumption of conflict with the mandate of the committee.

    Agbakoba said: “No conflict. As a matter of policy we (Olisa Agbakoba Legal) do not do corruption cases.”

     

     

     

     

     

     

     

     

     

  • THE MAN JUSTICE SALAMI

    THE MAN JUSTICE SALAMI

    Justice Ayo Salami, no doubt, elicits different personalities, depending on what side he is being viewed from. Generally, he is seen as a courageous, pious and incorruptible judge.

    Justice Salami was born on October 15, 1943 in Ganma, in Kwara State. He obtained the West African School Certificate (WASC) at the Provincial Secondary School, Kano in 1963. He bagged a Bachelor’s degree in Law from the Ahmadu Bello University (ABU) in 1967 and was called to Bar on June 28, 1968, after the mandatory Law School training.

    He began his career as a Collector of Customs and Excise Grade II, and in 1971 was transferred to North Central State Public Service Commission, where he served as State Counsel Grade II.

    Justice Salami later became the Acting Solicitor-General and Permanent Secretary of the Kaduna  State Ministry of Justice, Kaduna before he was deployed to Kwara State in 1976 as a Senior State Counsel, where he later served as Acting Solicitor-General and Permanent Secretary, Ministry of Justice, Ilorin till 1978.

    He later became a judge and was, in 2009, appointed president of the Court of Appeal, to succeed Justice Umaru Abdullahi. He later had a disagreement with the Chief Justice of Nigeria (CJN), Justice Aloysius Katsina-Alu, over the handling of Sokoto State governorship election dispute.

    His travails started when the Court of Appeal, which he presided over upturned the 2007 gubernatorial election results of Ekiti and Osun states that had been awarded the PDP candidates, Segun Oni and Olagunsoye Oyinlola, and gave judgments in favour of the then Action Congress of Nigeria’s (ACN) candidates, Dr Kayode Fayemi and Rauf Aregbesola. Justice Salami then became an enemy of the PDP.

    The last straw for Justice Salami, however, was a pending judgment in the Sokoto governorship election result that he alleged the then CJN, Justice Aloy Katsina-Alu told him to withhold for political reasons. He said Justice Dahiru Musdapher was a witness to the matter. The government said he lied under oath.

    On August 2011, the National Judicial Council (NJC) suspended him on the grounds of his alleged refusal to apologise to the then CJN, who headed the NJC’s panel, which found him to have lied against the NJC.

    Aside the indefinite suspension handed him, the NJC also recommended Justice Salami’s retirement to President Goodluck Jonathan. Jonathan agreed to suspend him, but did not retire him.

    On May 2012, the NJC reversed itself and recommended Justice Salami’s immediate reinstatement by the President, a recommendation Jonathan disregarded. Justice Salami did not return to the Bench until he retired on October 15, 2013 at the mandatory age of 70 years.

     

  • Soldier for trial over Okada rider’s death

    Soldier for trial over Okada rider’s death

    Sergeant Taiwo Owoeye of the Nigerian Army, suspected of killing a commercial motorcyclist, also known as Okada rider, Abubakar Alhaji, last January 27, is to be charged with “wilful murder”.

    Head of the Nigerian Army legal team Bola Oyebanji disclosed this before a Presidential Investigation Panel  for the Southwest.

    The panel was set up by Vice President Yemi Osinbajo (SAN)  to review the Armed Forces’ compliance with human rights obligations and rules of engagement.

    The nine-man panel, which is chaired by Justice Biobele  Georgewill, comprises Maj. Gen. Patrick Akem (rtd.); former Ekiti State Attorney-General, Mr. Olawale Fapohunda; Prof. Hauwa Ibrahim and Prof. Jibrin Ibrahim.

    Others are Mrs. Ifeoma Nwakama, Mr. Abba Ambudashi Ibrahim, Mr. Adamu Jimoh Abdukaldir and Dr. Fatima Alkali.

    The panel,  inaugurated last August 11, sat on October 23 and 24, at the Ikeja High Court, Lagos.

    Oyebanji told the panel members that the military investigated the matter and found that Owoeye had a case to answer.

    Earlier while being led in evidence by a representative of the National Human Right Commission (NHRC), Mr. Lucas Koyejo, the deceased’s brother, Salihu Mohammad, narrated  how Alhaji died.

    According to him, “the incident happened on January 27, 2017. From what I gathered, my late brother picked up a passenger on his motorcycle around Morrocco Road in Yaba.

    “He parked his motorcycle behind a stationary car, not knowing that there was someone in the car. Suddenly, the car reversed, and my brother beat the boot of the car in order to notify the occupant that there was someone behind him.

    “Sergeant Taiwo Owoeye angrily got down from his car and slapped my brother twice. He thereafter proceeded to kick him several times in the stomach.

    “When onlookers challenged him, he said there was nothing anybody could do, even if my brother died.

    “My brother thereafter became unconcious and we had to rush him to the military hospital. By that time he had started vomiting blood and other things. He could also not talk.

    “Sadly, he died the next day. We reported the matter at the Panti Police Station where they declined to give us a police report.

    “My brother’s body was not released to us for burial until after four months. When we inquired about the reason for the delay, we were told that the army was trying to conduct an autopsy,” Mohammed said.

    Justice Georgewill advised NHRC officials to follow up on the report and ensure that justice is done.

    In another development, a petition by a businessman, Okorie Onwuchekwa, alleging illegal arrest and detention, was dismissed for being out of the panel’s terms of reference.

    Oyebanji said Onwuchekwa was arrested sometime in 2004 on the allegation of importing weapons to bring down a presidential plane.

    According to him, Onwuchekwa was arrested for alleged treasonable felony 13 years ago and detained and tried alongside  former Chief Security Officer to the late military ruler, General Sani Abacha Major Hamzat Al-Mustapha sequel to  a ruling of a court of competent jurisdiction.

    Upholding Oyebanji’s argument which opposed hearing of Onwuchekwa’s petition, the panel ruled that the issue was beyond its terms of reference.

  • Wanted: stricter enforcement of insurance laws, regulation

    The role of law and regulation in insurance was the theme of the first annual seminar of the Nigerian Bar Association (NBA) Section on Business Law (SBL) Insurance and Pensions Committee. JOSEPH JIBUEZE reports.

    Lawyers and insurance experts have called for stricter enforcement of insurance laws and regulations.

    It will lead to confidence in the insurance sector and prevent abuses, they said.

    They spoke at the First Annual Seminar of the Nigerian Bar Association Section on Business Law (NBA-SBL) Insurance and Pensions Committee.

    An insurance expert, Dr. Omogbai Omo-Eboh, said there were challenges in enforcement, such as the compulsory insurance of public buildings.

    According to him, the law contains several provisions outlawing “rampant” practices such as unregistered underwriters, brokers, agents, and insurance consultants, among others.

    He said such unqualified persons engage in nefarious activities unchecked and defraud unsuspecting public in the guise of selling insurance products, resulting in loss of confidence in the industry.

    Omo-Eboh, a partner at Consolex, said: “The law itself contains extensive provisions making these practices criminal offences subject to the payment of a fine or a term in prison or both upon conviction.

    “However, the enforcement machinery of these provisions by the National Insurance Commission (NAICOM) appears inadequate, making it possible for those with unwholesome motives to infiltrate the industry and get away with their activities.

    “The Commission, which is vested with the responsibility of enforcing the provisions of the law, ought to be more proactive.

    “To this end, the Commission should set up an enforcement department whose primary responsibility will be to liaise with the law enforcement agencies at all levels of government.”

    Nigeria Insurance Association (NIA) chairman Eddie Efekoha said the body has set up a Customer Complaints Bureau chaired by a retired Supreme Court Justice George Oguntade, who he said has resolved several issues bordering on unpaid claims.

    “We felt that we don’t need to go to the law courts to resolve our issues because of the attendant negative publicity that follows,” he said.

    Efekoha urged customers who have complaints on disputes claims or unmet expectations to approach the Bureau. He expressed his association’s willingness to partner with the SBL committee.

    NBA Second Vice President Onyekachi Ubani called for the increment in insurance companies’ capital base as was done in the banking sector, saying it would lead to more confidence in the industry and prevent big businesses going abroad for insurance.

    Executive Director, Leadway Assurance Company Ltd Ms Adetola Adegbayi, who spoke on Insurance Law Practice: beyond the Status Quo, said it was crucial for the public to have confidence in insurance. “It’s important that the trust aspect is strong,” she said.

    According to her, an insurance company should have few court cases. “When an insurance company begins to litigate too much, then something is wrong,” she said.

    Adegbayi listed areas in which insurance companies need lawyers, such as in litigation, contract reviews, assets/ shares acquisition, international investment, in-house advisory, company regulatory administration, compliance monitoring, among others.

    Managing Director (Technology), Accenture Nigeria, Mr Olaniyi Tayo, said though Nigeria has shown positive signs of development in insurance, it is still confronted with numerous challenges constraining its growth.

    Such constraints, he said, include cultural and religious beliefs which hinder individuals from taking out life insurance, poor distribution channels, lack of innovation in product development, and limited access to local specialised insurance skills, such as actuarial scientists, data architects, among others.

    Tayo believes that low penetration rate demonstrates low level of acceptance, adding that there is a lack of trust regarding claims settlement.

    He said more should be done by the industry stakeholders to reverse the situation, including use of relevant technology, such as robotics/drones, mobility and analytics in underwriting, claims management, among others.

    An independent non-executive director at FBN Holdings Plc Director Ms Cecilia Akintomide said there was a lack of awareness of the importance of insurance.

    She said the issue of lack of trust was being addressed through regulation, adding that more enforcement of insurance laws was needed.

    NBA-SBL chairman Olumide Akpata said the number of insured Nigerians was too low, adding that more penetration was needed.

    “The number of Nigerians who actually take insurance is abysmal. There’s a lot more that regulation can do to ensure that it is second nature for us to take insurance, and that it’s not something we’re compelled to do.

    “A lot of this has to do with culture. People are not so inclined. When you talk of risk, people say: ‘It’s not my portion.’ But you must protect yourself against risk, and that’s insurance,” he said.

    NBA-SBL Insurance and Pensions Committee chairman Dominic Ichaba said lawyers were not doing as much as they could in the insurance industry because they do not know what opportunities exit.

    “There are many areas of legal work in the insurance industry for lawyers in other climes not yet open to Nigerian lawyers. Besides, the Nigerian insurance industry is far from achieving its potential.

    “For instance, while insurance penetration (the rate of insurance penetration to GDP) is 12 per cent in South Africa, it is less than one per cent in Nigeria.

    “This means that there is plenty of room for growth, which brings more work for insurance law practitioners,” he said.

     

  • SANs, firms, others to get ESQ’s legal awards

    Over 1,000 participants including 100 law firms are expected at the 2017 ESQ Nigerian Legal Awards, the organisers have said.

    Awards convener and Chief Executive Officer (CEO) of Legal Blitz Ltd, publisher of ESQ Legal Practice magazine, Lere Fashola, said this year’s edition would stand out following the introduction of innovative features.

    Some of the innovations, Fashola noted, include a Senior Advocate of Nigeria (SAN) category which celebrates their contributions to the growth and development of the legal profession.

    He said: “This SANs category is based on an online poll conducted on the various social media platforms through www.surveymonkey.com.

    “We have also received various submissions from the National Law Student’s Essay Competition where Law Students across the various Faculties of Law all over the country were asked to write a 500 word essay on the SAN who inspire them to greatness.”

    The top three essay writers will get scholarships to attend ESQ legal trainings, cash prizes among others.

    Fashola explained that the event, billed for November 12 at the Landmark Event Centre, Oniru, Victoria Island, Lagos, will be preceded on November 10 by the Judges Conference hosted by the African Finance Corporation (AFC).

    The panel of judges comprises “Heads of African Practice Groups at United Kingdom-based law firms, CEOs, founding partners of national and multinational institutions, senior Nigerian lawyers, international consultants,” among others.

    It will be led by AFC Executive Director and Legal Adviser, Dr Adesegun Akin-Olugbade.

    Fashola identified northern Nigeria’s first lawyer, Alhaji AGF Abdulrazaq (SAN), former Chief Judge of Lagos  State  Justice  Ayotunde Philips and the Nigerian Bar Association President, A.B Mahmoud, among others to be honoured.

    “So far over 30 law firms have been shortlisted from among over 100 law firms that were earlier nominated for the award.

    “Among top contenders for the awards are Aluko & Oyebode, Templars, Sefton Fross LP,  Bloomfield LP,  Udo Udoma  and Bello Osagie, Ajumogobia and  Okeke, Olisa Agbakoba &  Co, SPA  Ajibade, Jackson Etti and Edu, & Co,” he told The Nation.

    Non-law firms in the race include MTN, Nigerian  Stock Exchange  (NSE), Total and Pandora.

    According to him, top personalities expected to bag awards include  Group CEO of United Capital Group, Mrs Toyin Sanni; outgoing company secretary of First Bank Holdings, Alhaji Tijani Borodo; Okey Wali SAN, George Etomi (SAN), among others.

    Lere  noted that the awards’ committee  has re-introduced the corporate counsel category, which looked at the role of lawyers, who  work internally in companies or organisations.

     

     

     

     

     

     

  • Diezani: Firm briefs UK, US lawyers

    A leading oil producer, the Aiteo Group, has briefed a London law firm, Mishcon de Reya and Washington-based Covington & Burling.

    It was learnt that the company’s Executive Vice Chairman Benedict Peters directed that the law firms be engaged to address likely politically-motivated issues that may arise from its operations.

    Mishcon de Reya is one of the world’s leading law firms with a particular proficiency in handling contentious international disputes. Covington is renown for navigating complex legal issues at the intersection of law and policy.

    An online report claimed that Peters bought property and luxury furnishings in England for former Petroleum Resources Minister, Mrs Diezani Alison-Madueke in return  for contracts from the Nigerian National Petroleum Corporation (NNPC).

    Peters said: “I maintain my position that all the allegations are baseless and without any truth whatsoever. These unfounded allegations have caused untold disruption to my family and my business.

    “To ensure that we remain focused, I have engaged two of the world’s leading law firms to offer both counsel and guidance in dealing with these issues.

    “There is a toxic culture of politically motivated witch-hunts that stains reputations, stifles enterprise and keeps foreign investors away from our country. For two years, I have suffered malicious, unfounded and false allegations hanging over my head.

    “This persecution is being pursued to diminish the visible endeavours to position our business, and Nigeria, at the apex of the energy industry worldwide.

    “ Despite these distractions, I remain focused on the efforts to sustain Aiteo’s growth towards becoming Nigeria’s leading indigenous oil producer. It is time to address the situation and so I have decided that I must take direct legal and other action to clear my name.”

    Peters, in an earlier statement, said the publication contained several false and malicious allegations against him and Aiteo Group and were part of “an orchestrated largescale campaign of calumny which is sponsored and designed to tarnish our image”.