The Nation Newspaper

Category: Law

  • Thoughts on Nigeria at 57

    Thoughts on Nigeria at 57

    Former International Bar Association (IBA) Country Representative for Nigeria Chief Richard Oma Ahonaruogho writes that agitation for restructuring must be in line with the law.

    Celebrate if you can, for it is good for one to be alive. We, Nigerians, live on hope for a better tomorrow, hence, suicides were in the past rare in Nigeria. But, in the recent past, suicides have become more prevalent because of the myriads of problems that have become seemingly insurmountable in the day to day lives of ordinary Nigerians.

    Today, there are all kinds of suicides. Suicide from depression is on the rise. Suicide from other factors, including Boko Haram, has not abated.  There is despondency in the land and there is the need to call on the ruling class to pull this great country of ours, Nigeria, back from the abyss – the brink of self-destruction and alienation. Nigeria does not need the divisions it is presently witnessing.

    While agitations for restructuring and even secession may be good to draw attentions to perceived flaws in the polity, such agitations must be channeled appropriately and within the confines of the law, be it domestic or international law. We need an egalitarian society, a strong, united and indivisible nation built on the strong values of equity and justice, rule of law and fairness.

    As a first step, the political leadership of all the political parties should apologise to Nigerians for failing to deepen the tenets of democracy since May 29, 1999, which has invariably made it impossible for there to be the much needed pragmatic and progressive building of the nation by men and women of goodwill.

    While noting that the political space provided since May 29, 1999, have accidentally thrown up one or two men and women of goodwill, honesty and credibility into our political and public life, these very few have not been able to bring about the much desired development, as the fundamentals and structures of their political parties, including the lack on internal democracy, make their impact insignificant.

    Most Nigerians cannot explain the source of their wealth, which in most cases are traceable to corruption both in the public and private sectors. There should be a compelling desire not to tolerate in our midst any person whose lifestyle and means does not reflect his or her known sources of income. In other words, society must not celebrate anyone whose wealth is questionable.

    No one is against a person being wealthy, but we all owe this nation and ourselves the duty to despise persons whom we know have stolen our commonwealth, be it at the local, state or federal level.  Our attitude to work needs complete re-direction, so as to see us as veritable partners in the creation and sustenance of the wealth of the nation, which should be equitably distributed and utilised for the common good as appropriated by the various tiers of government.

    Conscious efforts must be made to create employment opportunities for the teaming masses of our people so as not to have human beings who can be easily mobilised as political thugs and suicide bombers.

    The goodwill being enjoyed by Nigeria in the international community should not be taken for granted. We should closely guard our external relations from being undermined and deal with other nations on the much cherished principles of reciprocity. Every attempt must be made to ensure that Nigeria does not become a pariah nation that is isolated on important questions and issues in world diplomacy.

    Now, more than ever before, is the time for the political parties who will soon begin politicking towards the 2019 general elections to realise that they have failed Nigerians. There is the need for a total political re-awakening to ensure the proper practice of democracy that will produce statesmen (and women) who are deeply concerned about the welfare and wellbeing of the citizens and the nation-state, and not merely politicians.

    Nigeria does not need to elect into office persons who have no alternative sources of sustainable income to return to at the end of their tenure. As part of entrenching internal democracy within the political parties, it would be a welcome development for them to scrap forthwith the selling of “Expression of Interest Forms” to would-be candidates to various elective offices.

    They need to conduct credible primaries so as to open the political space to attract credible candidates who would otherwise be put off by money politics and godfatherism, which then places heavy burdens on politician to recoup their heavy “investments “  and to appease their godfathers when elected.

    Similarly, the Independent National Electoral Commission (INEC) should make rules that will make electioneering less expensive, so that a person elected into public office to serve does not have a mind-set of finding money to off-set huge election expenses and debts!

    In addition, the culture of placing congratulatory messages for persons elected to serve the people at the beginning of their tenure should be discouraged forthwith.

    Rather, such congratulatory messages could be placed at the end of a highly successful tenure in office, for it is then and only then that the congratulations become deserving, the purpose of which will be to appreciate the contributions and worth of those persons to the development of the society.

    Nigeria’s case should not continue to be like that of a person who fetches water only to pour same on the back side of a calabash (a wasteful exercise), akin to that of a failed state where since independence we have failed to develop as a nation-state.

    We must resist the constant clamor for division along ethnic and religious lines based on primordial considerations. Yes, let us celebrate Nigeria. Let us celebrate being alive. Let us make Nigeria work for Nigerians. God bless Nigeria. God Bless Nigerians. Happy 57th Independence Anniversary Nigeria.

  • Workers demand N1.1b unpaid salaries from Emeka Offor

    Workers demand N1.1b unpaid salaries from Emeka Offor

    •Firm: we had no job to execute

    A law firm, Falana & Falana’s Chambers, has asked chairman of Chrome Group, Sir Emeka Offor, to pay his workers who are owed over N1.1billion.

    In an August 16 letter on behalf of staff of Chrome Group, the firm demanded the immediate payment of all their outstanding salaries.

    It also asked for the remittance of all statutory deductions from their salaries since July 2015.

    The law firm said its clients comprise “all the staff of Chrome Group and others associated with it nationwide” whose salaries and emoluments have not been paid by Offor.

    “Our clients’ brief is that since July 2015 till date, you (Offor) willfully refused to pay their salaries and entitlements, remit their pension deductions and contributions to their pension administrators, and refused to remit the PAYE taxes deducted to the tax authorities.

    “They have also worked for your companies without you providing the mandatory healthcare insurance as required by the National Health Insurance Act till date,” the letter reads.

    According to the letter signed by Samuel Ogala of Falana & Falana’s Chambers, efforts to resolve the issues peacefully have been unsuccessful.

    The firm accused Offor of breaching resolutions reached towards clearing the arrears.

    “Our clients made several representations to your good self to amicably resolve these issues but you have consistently breached all resolutions jointly agreed between you and them to pay their outstanding salaries and remittance of their statutory deductions to the appropriate government agencies.

    “Your actions further contravene all known labour laws and is termed as an unfair labour practice and has put our clients and their families under a degrading  condition as they can no longer pay their bills and earn a decent living even though they work day and night to keep your business afloat.

    “Our clients’ right to their wages having worked for your companies is non-negotiable and as such they are entitled to be paid all outstanding salaries and allowances being owed them in full,” the firm said.

    The workers are demanding that N1,139,806,054.94, being their outstanding salaries and wages between September 2015 and August this year, be paid them forthwith.

    They also asked that all pension deductions and contributions outstanding to them from July 2015 to August 31 amounting to N244,172,464.80 be remitted to the pension fund administrators.

    The workers want Pay as You Earn (PAYE) deducted from staff payroll from July 2015 to August 2017, amounting to N153,775,382.58, to be remitted to the states/Federal Capital Territory (FCT) Internal Revenue Board.

    They further demanded that N579,219,429.58, being their disengagement benefits as at August 3, be paid to their bank accounts.

    “We demand that you take immediate steps within seven days of the receipt of this letter to act on it and meet our clients’ demands.

    “We have their instruction to commence a legal action against you and your companies and also petition you to the various government agencies whose laws you have consistently breached by failing to remit the deducted pension, PAYE and Health Insurance,” the firm wrote.

    Billionaire businessman Offor, a leading Peoples Democratic Party (PDP) financier, is known for his interests in oil and gas, power and construction.

    His company was awarded turnaround maintenance (TAM) contract to fix the refineries.

    In the 1990s, his company got a contract for the 115,000 barrels per day (bpd) Warri Refinery and Petrochemicals Company in Delta State.

    In 2014, the Goodluck Jonathan administration reportedly awarded Chrome Energy the TAM contract for both the old 60,000 bpd Port Harcourt and the 150,000 bpd new Port Harcourt refinery.

    With the refineries not functioning optimally, some have criticised the TAM contracts.

    Former President Olusegun Obasanjo accused Offor’s firm of lacking the capacity.

    “What I met were refineries that were not working, refineries that were given to an amateur for repairs, for maintenance, what they call turn around maintenance to the company of Emeka Offor – Chrome Group

    “Where has Emeka Offor maintained refineries before? Where has he? That’s what we met. So, the refineries were not working,” he said.

    Former Petroleum Minister Mrs Diezani Alison-Madueke, three years ago, she was shocked at the extent of dilapidation of the refineries when she visited them on assumption of office as minister.

    “To get a replacement for the equipment was not possible because they were obsolete. For over 20 years, the equipment were not changed or maintained,” she said.

    Minister of State for Petroleum, Dr Ibe Kachikwu, while briefing the Senate Committee on Petroleum (Upstream) in March last year during fuel scarcity, said the non-performance of the refineries was due to alleged fraud and lack of holistic maintenance.

    “We have also had issues of fraud. It got to a point where I started wondering whether as we repair this, somebody was going there to destroy, so that contracting will be done.

    “Over the last 10 to 15 years, we have not done a serious, conclusive turnaround maintenance of these refineries; they are averagely 30 to 40 years old; the equipment are far dilapidated,” Kachikwu said.

    Like several companies and businessmen who were prominent during the 16 years of PDP in power, Offor and his companies’ fortunes seem to have taken a hit.

    Chrome Group’s Abuja office on 22 Lobito Crescent had been under lock, as admitted by Offor’s lawyer.

    Employees of Offor’s other company, Global Scansystems Limited, who claim not to have been paid for two years, are said to have filed a suit at the National Industrial Court, demanding their payment.

     

    ‘Why we closed office’

     

    Offor’s lawyer, Jeff Njikonye, blamed “the general economic meltdown and recession” as leading to a “halt” in Chrome Group’s businesses and closure of its office.

    In an August 22 reply to Falana & Falana’s Chambers‘ letter, Njikonye described as “bogus” the claim that all the staff of Chrome Group and other companies associated with it were owed.

    “This claim is bogus, presumptuous and is straightaway, repudiated,” the lawyer said.

    He added: “The totality of your claims, allegations, inclusive of monetary claims and allegations of unfair labour practices and failure to make remittances are with respect, gold digging and grossly unsubstantiated. They are unequivocally repudiated.”

    Njikonye, however, said Offor’s companies have had no jobs in recent times as to meet their financial obligations.

    “Sequel to the general economic meltdown and recession, our client’s businesses suffered frustration commencing from March 2015 and grounded to a halt in September 2015.

    “Consequently, out client had no job to execute and closed office starting from September 2015.

    “It is reasonably inferable from the circumstances above that the contracts of employment of staff were consequentially discharged by frustration since office was closed and there was no job going on or tasks performed by staff.

    “If our client’s businesses revive as our client hopes they will, our client will determine whom to re-engage as staff and on what terms and conditions such re-engagement will be,” Offor’s lawyer wrote.

    Despite the financial challenges of Chrome Group and its subsidiaries, including Kastech Engineering Ltd, it was learnt that they were on bid list of major projects of Shell and the Nigerian National Petroleum Corporation (NNPC).

    It was also learnt that Offor’s companies have also been included in the bid list of Bonga South West-Aparo field development project, a Shell project involving a Floating Production Storage and Offloading (FPSO) package.

    Sources said the company pre-qualified for the project worth over $10 billion, as well as for an NNPC gas transmission project worth more than $1 billion.

    Offor’s lawyer told Falana & Falana’s Chambers that the businessman would meet the workers in court should they choose to sue.

    “With this insight, we hope you will guide whoever might have briefed you appropriately and desist from further malicious demands and comments as contained in your letter under reference.

    “Be assured that our client is not perturbed by your threats of legal action and threatened report of our client to government agencies.

    “We have our client’s full instructions to meet your case if you have the luxury of proceeding with your unsubstantiated cause,” Njikonye added.

  • ‘Stop chief judges’ appointment by seniority’

    ‘Stop chief judges’ appointment by seniority’

    A lawyer, Chief ‘Kunle Uthman, argues that it is time to dump the age-long practice of appointing the most senior judge as Chief Judge. In his view, the best judge, not the most senior, should get the job.

    The Judiciary is that branch of government invested with the judicial powers; the system of courts in a country; the body of judges; the bench. That branch of government which is intended to interpret, construe and apply the law.

    According to Bryce in Modern Democracies: “There is no better test of the excellence of a government than the efficiency of its judicial system ‘, for nothing more nearly touches the welfare and security of the citizens than his knowledge that he can rely on the certain, prompt, and impartial administration of justice.

    The judge, therefore, fulfills and performs a very important role in society and it is important to choose men and women of honesty, impartiality, independence and legal knowledge to be appointed as judges.

    The qualities of a good judge are explicitly stated in the ‘Academic Journal of Interdisciplinary Studies’ March 2014 Edition thus: “A Judge is the pillar of the entire justice system and the public expects highest and irreproachable conduct from anyone performing a judicial function. Judges must endeavor for the utmost standard of integrity in both their professional and personal lives.

    They should be knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are clear, logical and cogent. Their judgement should be sound, and they should be able to make informed decisions that will stand up to close scrutiny. Judges should be fair and open-minded, devoid of any kind of political fervor”.

    The Chief Judge of a state is primus inter pares among the Judges of the state and also the head of the judicial arm of government. The position is usually occupied by the most senior Judge in hierarchy as a convention and practice, which is rarely deviated from except in most exceptional and extraordinary circumstances that shows that the most senior judge is not capable of performing the onerous responsibilities of that Office. It is, therefore, easy to project succession based on seniority and dates of retirement.

    This conventional norm also has numerous advantages and disadvantages because it has embedded therein some rivalry, competition and preparation for succession and a “turn-by-turn mentality”, which promotes unnecessary competition. However, the state Judicial Service Commissions are required to forward the names of two nominees to the National Judicial Council (NJC) for consideration to the Office of Chief Judge of a State, after scrutiny and interviews.

    Therefore, the bulk of the responsibility to ascertain the suitability or otherwise of a person as Chief Judge is with the State Judicial Service Commission (JSC) to ensure that ‘fit and proper’ persons are recommended for consideration, irrespective of seniority, and where the most senior is a person that lacks integrity and the qualities of the exalted office, he should be skipped in preference for the next person.

    In the recent past, it has become crystal clear that seniority ought not to be the sole parameter for the appointment of the Chief Judge of a State. Other parameters should necessarily be considered in determining the suitability of proposed persons to occupy that exalted office.

    The other considerations should include, but not limited to the following: What is the performance of the Judge whose name is to be recommended as a Judicial Officer? What is his/her relationship with other judges, magistrates and other judicial officers? What is the opinion of the Bar, the Bar Association and lawyers of the proposed nominee?

    What is the quality of judgments delivered and conduct of proceedings in his / her court? Does the nominee have a reputation for honesty, decorum and possesses impeccable character and integrity to serve as Chief Judge of the state and would the nominee undermine the Office of Chief Registrar, who by law and convention is the Chief Accounting Officer of the Judiciary? Lastly, is the nominee a God-Fearing individual, who is not corrupt and incorruptible and will not condone corruption in the administration of Justice during his / her tenure?

    If the answers to most of the questions above are in the negative, it may be necessary, albeit obligatory to skip the most senior, and not recommend that person and consider the next best Judge that is infallible and honest and who will necessarily improve the justice delivery system, give quality judgements and not spend the bulk of his / her time awarding contracts to friends, family and cronies and do little or nothing to enhance Justice delivery system in the State.

    It is also condemnable that the Chief Judge upon resumption will remove and replace key officers in order to ensure that his / her surrogates are appointed or deployed, with the intention that such persons will do his / her bidding and protect his / her interest. This is not in consonance with Civil Service Rules and Regulations and promotes unnecessary rivalry among the administrative Staff of the Judicial arm of government.

    In the last 10 years, Lagos State has had four different Chief Judges each of whom had a different vision for the state Judiciary. This resulted in lack of cohesive visionary continuity for the system, rivalries and lack of good policy thrust, which ought not to be pivoted on the individual incumbent but the justice delivery system at large. The tenures of most of these Chief Judges were short and one Chief Judge in the State spent less than one year.

    On  September 24, this year, Hon. Justice Funmilayo Atilade retired from the Bench, having attained the mandatory retirement age of 65, and has since been replaced by Hon. Justice Opeyemi Oke, who has been sworn in as Acting Chief Judge. The latter has a tenure of 21 months to serve and then necessarily be replaced by another Judge.

    What checks and balances should be put in place to ensure a peaceful, rancour free tenure that would enhance and improve Justice delivery system in Lagos?

    Justice Opeyemi Oke, the Acting Chief Judge of Lagos State is an indigene of Ogun State. She was appointed a Judge of the High Court of Lagos State on July 19, 1996 and until her recent appointment, was the de facto Deputy Chief Judge in charge of Lagos division of the Lagos State Judiciary.

    She will be in acting capacity as Chief Judge pending her confirmation by the National Judicial Council (NJC). She would be the 16th Chief Judge of Lagos State and the 6th female Chief Judge, the last 4 (including herself) being female.

    It is the hope and expectation of many that she would do the needful to improve the justice delivery and administration in the State. That she will attend to welfare matters of the magistrates and judges in the state, complete and commission court buildings, maintain a cordial relationship and complement the work of the executive and legislative arms of government, avoid the pitfalls of dabbling into money matters by allowing the Chief Registrar to perform her role as the Chief Accounting Officer of the Judiciary, consistently organise trainings, workshop, seminars for judicial officers locally and internationally to improve their knowledge and equip them with the skill for better service delivery. It would be most appropriate for her to set a “vision” from the beginning of her tenure.

    All judges in the several courts everywhere should heed the admonition and advise explicitly stated in the “Academic Journal of Interdisciplinary Studies” as follows: “A Judge should be God-fearing, law abiding, abstemious, truthful in tongue, wise in opinion, cautious, forebearing, blameless and untouched by greed”.

    A Judge should be incorruptible and avoid undue fraternity with politicians and the political leaders, in order to ensure impartiality in the administration of justice. A stitch in time saves nine.

  • Wanted: State of emergency in the judiciary

    Wanted: State of emergency in the judiciary

    A human rights group, the Access to Justice (A2Justice), has urged the leadership of the judiciary to carry out urgent reforms to tackle delays holistically.

    It noted that while it is good to dispense with corruption cases quickly, other cases should not be ignored.

    Calling for a state of emergency in the judiciary, it said some of the reforms only require the will to execute them, not necessarily increased funding.

    A2Justice, at a briefing in Lagos by its Director Joseph Otteh and Deputy Director Dr. Adenike Aiyedun, said the judiciary could do a lot with its N100billion budget if it gets its priorities right.

    It cited the example of Kenya which transformed its judiciary and restored public confidence in it with possibly a lower budget than Nigeria’s and in a short period.

    It said the leadership of Kenyan judiciary succeeded in overhauling a once-maligned institution into a now respectable voice of the rule of law and a strong pillar of democracy.

    The group praised the Chief Justice of Nigeria (CJN) for his interest in reforming the judiciary, but said more was needed.

    “It is time to acknowledge that the delivery of justice services in Nigeria is in dire straits, and, we urge the CJN to declare a state of emergency on the Nigerian judiciary immediately. This will provide a rallying urgency to the change we passionately aspire to,” the group said.

    It recalled that the United Nations Office on Drug and Crime (UNODC) and the National Bureau of Statistics (NBS) issued a report which states that the judiciary and the Police were among public institutions most Nigerians paid bribes to.

    “The UNODC/NBS report noted that: ‘Limited trust in a number of state institutions in Nigeria, not least in the law enforcement and criminal justice system, may explain why Nigerians have little faith in the capacity of authorities to deal with corruption’.

    “Arguably, without a Judiciary that is free of corruption, it is unlikely that Nigerians will be able to fight corruption.

    “Without an iota of doubt, Nigerians want to see more judicial reforms executed, with more speed and urgency. We need more traction and more resolve applied in the fight to transform the delivery of justice in Nigeria.

    “Our concern is that the current speed and pace of reforms is neither strong nor vibrant enough and it is not creating the kind of momentum or impetus that Nigerians are eager to see.

    “Furthermore, it is not galvanising change across the landscape, or demanding change from every constituent part of the Judiciary. Undoubtedly, the CJN has zeal to reform the judiciary, but stakeholders in the justice system are not feeling the impact just yet.

    “In our view, the judiciary does not have the luxury of time to enable it stretch a reforms plan over the course of many years, and for an institution in distress it ought not take too much time for far-reaching changes to be delivered,” A2Justice said.

    A2Justice issued a nine-point agenda for urgently needed reforms.

     

    Reduce delays

     

    A2Justice said the NJC should end arbitrary court closures, in which many judges often leave their primary adjudicative assignments to attend non-adjudicative functions, such as ceremonial events.

    “These ‘no-shows’ have huge costs implications on everyone – litigants, lawyers and witnesses (some of who may have travelled long distances to be in court).

    “They also cause terrible delays in the hearing of cases, thereby creating frustrations for many court users, congestion of dockets and diminish public confidence in the administration of justice,” it said.

    The group called for an end to the practice of transferring judges from one jurisdiction to another before they conclude the cases on their court’s docket. It also wants judges’ vacation time reviewed.

     

    Combat Corruption

     

    A2Justice urged the judiciary to combat corruption, and to strengthen judicial Integrity, transparency and accountability.

    It wants the process of filing complaints against judicial officers simplified to accommodate anonymous reports rather than the present condition that they must be accompanied by sworn affidavits on oath.

    “The NJC’s Judicial Discipline Regulations 2014 should be reviewed and strengthened now to enable the judiciary better fight corruption.

    “The review should enable the NJC act on anonymous complaints, protect whistle blowers, and collaborate with official anti-corruption agencies to investigate allegations of corruption (and thereby reduce the overbearing evidentiary burdens placed on complainants of corruption among other reforms).

    “The complaints systems of all courts, whether they are lower courts or superior courts, should be more effective, robust and dependable.

    “Corruption is a problem in lower courts across the country, and many states do not have credible or effective systems for fighting corruption, within their respective jurisdictions.

    “The NJC should immediately direct heads of courts in state and Federal jurisdictions to establish effective disciplinary regulations or guidelines, applicable to both lower court ‘judges” and court staff, and increase efforts to stamp out corruption from the lower courts,” the group said.

    A2Justice said it recently conducted a research, which shows that the disciplinary system for fighting corruption in lower courts, particularly in Lagos State, “is extremely weak.”

    It also called for the development of a financial disclosure reporting system-used in some jurisdictions where all extrajudicial payments to Judges are self-reported and judges submit periodic financial disclosure reports.

     

    Initiate Institutional Reforms

     

    A2Justice said the NJC has, on occasion, looked away where the judicial appointment guidelines it made have been flouted or sidelined.

    The Judicial Appointment Guidelines of 2014, it said, were intended to strengthen the procedures for appointing judges and ensure that only the best are recruited.

    It regretted that both the NJC as well as states have flouted the letters and spirit of the Guidelines.

    A2Justice said: “A judicial reforms strategy must ensure strict compliance with the Guidelines and the NJC must henceforth stick to its own rules and not aid their subversion.

    “Also the NJC must insist that judicial appointments to lower courts are merit-based and that State Judiciaries adopt guidelines that are transparent and competitive.

    “This duty should be imposed on Chief Judges, as part of their administrative responsibilities as heading courts for which they are accountable to the NJC, while measures to ensure compliance are put in place.

    “We must, therefore, adopt a bottom-up approach, which requires appointing the most qualified people regardless of ethnicity, language or creed, as well as encourage broader public participation in the screening process of Superior Court Judges.”

    According to the group, the judiciary needs to build consensus around a vision statement.

    “The Judiciary should bring stakeholders together to develop a strategic reforms’ framework and plan immediately. The plan will represent the Judiciary’s vision of how the judiciary should be restructured, and it should be delivered in states and federal jurisdictions.

    “Such a plan will thereafter form the fulcrum of reform activities. The implementation of the Strategic Plan would be benchmarked against clear indices that will be used for measuring progress.

    “Thereafter, the honourable CJN should create a mechanism to drive the realisation of that vision, to ensure its realisation as well as create principles and measures of accountability across state and federal lines.

    “This is how a number of judiciaries around the world, including some African judiciaries, have approached strategic plans of action. These judiciaries include those of Kenya, Uganda, Malawi, Rwanda, Tanzania, Swaziland and South Africa,” it said.

    A2Justice believes that to restore public confidence in the judiciary, reforms must target all courts and their leadership.

    “With the current budget of the judiciary standing at N100 billion, we believe the judiciary can be on its front foot and make a bold effort to overhaul the delivery of justice services in Nigeria. This is what Nigerians expect from it.

    “We think that a lot more can and should be done now to enable Nigerians see and feel that business no longer thrives as usual within the justice system. We are losing time and opportunities in not seizing this moment to push changes through. The time to act is now,” the group added.

     

  • Making courts for corruption cases work

    Making courts for corruption cases work

    The National Judicial Council (NJC), under the leadership of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has been praised by stakeholders for creating the Corruption and Financial Crimes Cases Trial Monitoring Committee (COTRIMCO). This came after the CJN ordered the creation of special courts for corruption cases. How best can the committee, headed by the former Court of Appeal President, Justice Isa Ayo Salami, achieve its tasks? Lawyers offer suggestions. ERIC IKHILAE writes.

    The National Judicial Council (NJC) on September 27, set up the Corruption and Financial Crimes Cases Trial Monitoring Committee (COTRIMCO) to monitor the handling of corruption and financial crimes-related cases in the courts.

    NJC Director of Information, Soji Oye, said in a statement that the decision to establish the committee, its composition and functions were agreed during the council’s 82nd meeting on September 27.

     

    Members of COTRIMCO

     

    The COTRIMCO, according to Oye, has 15 members, with retired President of the Court of Appeal Justice Isa Ayo Salami heading it.

    Other members are four serving state Chief Judges; the Nigerian Bar Association (NBA) President, Abubakar Mahmoud (SAN); four ex-NBA presidents; three members of the NJC, including its secretary; a representative each from the Federal Ministry of Justice, civil society and the Institute of Chartered Accountants of Nigeria (ICAN).

    The Chief Judges are: Justice Kashim Zannah (Borno State); Justice P. O. Nnadi (Imo); Justice Marshal Umukoro (Delta) and Justice M. L. Abimbola (Oyo State).

    The four ex-NBA presidents are: Chief Wole Olanipekun, Olisa Agbakoba, Joseph Daudu and Augustine Alegeh (all Senior Advocates), while the three members of the NJC are its Secretary, Gambo Saleh, Dr. Garba Tetengi (SAN), and Mrs. R. I. Inga.

     

    Its functions

    According to Oye, the COTRIMCO, which will drive the NJC’s new policy on the anti-corruption war, has as core functions:

    • Regular monitoring and evaluation of proceedings at designated courts for financial and economic crimes nationwide;
    • Advising the Chief Justice of Nigeria (CJN) on how to eliminate delay in the trial of alleged corruption cases;
    • Giving feedback to the Council on progress of cases in the designated courts, conduct background checks on judges selected for the designated courts; and
    • Evaluating the performance of the designated courts.

     

    Why COTRIMCO?

     

    Oye said the committee’s creation is informed by the renewed zeal of the judiciary’s leadership to eliminate delay in the handling of corruption and financial crime cases and ensure an effective criminal justice administration.

    The CJN, Justice Walter Onnoghen, reflected this new zeal when he acknowledged public concern about the slow pace with which the court was handling corruption and financial crimes-related cases in an address at the event marking the commencement of the 2017/2018 legal year on September 18.

    Onnghen assured the gathering that it was no longer going to be business as usual, announcing measures to be adopted in the new legal year to address delay.

    Among such measures is his directive to heads of courts to ensure the designation of some courts as special courts, solely for the trial of corruption and financial crime-related cases. For Supreme and Appeal courts, the CJN directed them to set aside a day every week for the hearing and determination of appeals from such cases.

    He also directed court heads to compile and forward to the NJC comprehensive lists of corruption and financial crime cases being handled by their various courts.

    Who is Justice Salami?

    Justice Salami, no doubt, elicits different personalities, depending on what side he is being viewed from.  While many see him as a courageous, pious and incorruptible judge, some think otherwise, citing the confusing circumstance under which he exited the Bench.

    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.

    On August 2011, the National Judicial Council 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 his retirement to President Goodluck Jonathan. Jonathan agreed to suspend him, but did not retire him.

    On May 2012, the NJC reversed itself and recommended his 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.

     

    Observations

     

    COTRIMCO ‘s creation, since it was announced, has attracted varied views. While a number of people welcomed its creation, others have queried its necessity in the face of the NJC. They also faulted its composition.

    Those, who believed that the committee was necessary for the realisation of a speedy and an effective criminal justice system, were of the view that a committee to monitor the trial of high-profile corruption and financial crime cases was desirable.

    They argued that, with such a committee  peopled by highly-qualified and accomplished legal minds, most judges, who hitherto were not keen on giving such cases the diligence they required, now have no option than to sit up.

    It has equally been argued that the calibre of individuals on the committee will discourage bad practices among lawyers because of the fear of being identified and sanctioned.

    There is also the view that the committee, aside acting as an agent of the NJC, is in a better position to advise the CJN and the NJC on inadequacies in the process of criminal justice administration.

    Supporters of the initiative also argued that COTRIMCO is in a position to identify other measures to be adopted for the achievement of the goal of prompt disposal of corruption and financial crime cases, particularly those involving high-profile defendants.

    A Professor of International Law and Jurisprudence, at the University of Lagos (UNILAG), Akin Oyebode, hailed the COTRIMCO initiative, which he observed will reassure people of the state’s commitment to the anti-graft war.

    At a roundtable organised in Lagos by a group, Social-Economic Rights and Accountability project (SERAP), Oyebode said the designation of special courts to handle cases of corruption, in addition to other existing anti-corruption measures, were pointers to the government’s resolve to aggressively confront corruption.

    He stressed the importance of speedy determination of corruption cases, and noted that “by effecting prompt and adequate sanction against acts of malfeasance, the anti-corruption crusade would win new and more committed converts among the population”.

    Also, Prof Yemi Akinseye-George (SAN) commended the CJN for COTRIMCO. He said the committee was highly welcome, adding that the CJN had done the right thing.

    Akinseye-George said the creation of the committee reflected the determination of the leadership of the judiciary to ensure that trial of corruption cases was not business as usual.

    He added: “There is a determination on the part of the CJN to make a mark on the sands of time He wants criminal cases, especially the high profile ones, to be fast-tracked. “If we had this kind of committee in place before now, I know that by now, many of the cases that have been hanging since 2003 would have been resolved.”

    He continued: “He has chosen very eminent people, who understand the workings of justice system; people like Justice Salami, who was known as a progressive judge; Chief Wole Olanipekun and J.B. Duadu,” Prof Akinseye-Goerge, who heads the justice sector reform advocacy group, Centre for Socio-Legal Studies (CSLS).

    Akinseye-George faulted the argument that the committee was a replication of the duties of the NJC, which is mandated to monitor, supervise and discipline judges.

    To him, COTRIMCO is like a stop committee of the NJC, which is acting on its behalf. He added that the involvement of senior and highly-responsible lawyers as members of the committee showed that the CJN intends to respect its voice. “It shows that the CJN believes that the Judiciary needs support from the private bar,” Akinseye-George said.

    On the flip side, however, are those who queried the committee’s importance and its composition.

    The first point raised by critics of this initiative is that its existence raises to two the number of agencies saddled with the responsibility of monitoring judges in the country.

    They argued that the creation of a separate body to monitor judges was an indication that there are judges, who need to be monitored for them to do their job, and an admission that the Bench is populated by incompetent or uncommitted judicial officers.

    Critics further contended that without necessarily saying it, the headship of the judiciary has, by the creation of a body to monitor judges, admitted that it has lost hope in the ability of the judges to act independently and exercise their discretion.

    This, they noted, is a fatal admission on the part of the managers of the judiciary that, over the years, they have recruited incompetent and uncommitted individuals to fill the Bench.

    They argued that rather than creating multiple bodies and committees to do nothing, but monitor judges, efforts should be directed at addressing the problems associated with judges’ recruitment process.

    Critics asserted that if the point of entry for judges was sanitised and judges’ appointment process made public for enhanced scrutiny, they would be able to ensure that known bad members of the private Bar did not find their way to the Bench.

    They noted that the current recruitment procedure, which is shrouded in secrecy, devoid of merit and driven mainly by nepotism, partly accounts for why the judiciary was recently labelled (in a survey by the National Bureaus of Statistics) as next to the police in the rank of corrupt public institutions in the country.

    Another issue raised by the critics of COTRIMCO is its composition. They argued that the choice of Justice Salami as its head is a veiled admission by the NJC that it was wrong in penalising the then President of the Court of Appeal on allegation of indiscipline.

    Critics particularly queried the choice of former NBA presidents, some of who are currently defending the majority of corruption and financial crime cases pending in most courts nationwide.

    For instance, Daudu is said to be involved in the defence of the former National Security Adviser (NSA), Sambo Dasuki, who is named in three major cases relating to money laundering and corruption. The cases are before the Federal High Court, Abuja and the High Court of the Federal Capital Territory (FCT).

    Also, Olanipekun has featured in the defence team of a chieftain of the Peoples’ Democratic Party (PDP), Raymond Dokpesi, in his money laundering trial before Justice John Tsoho of the Federal High Court, Abuja.

    To the critics, the inclusion of private lawyers, whose clients are currently involved in the cases their committee are to monitor, is tantamount to handing a life goat to a famished lion.

    They urged the CJN to first address the issue of possible conflict of interest that may involve some members before the committee commences operation.

    Akinseye-George agreed with this point when he said the lawyers on the committee, who may be involved in the defence of high defendants, should now know that they have a new role to play.

    He said: “In other words, they cannot be monitoring what they are involved in. They can no longer defend clients in anti-corruption cases. They can do other cases, but not representing clients in the anti-corruption cases, otherwise, they will be disqualified for being on that committee. “

    To enable the public measure the committee’s performance, Akinseye-George argued that there was a need for a set of rules to guide its function, so that the people could judge its members based on the rules

    He also canvassed the inclusion of more representatives of the civil society in the committee.  He said one or two individuals, who have been working on justice reform should be included.

    Akinseye-George said: “The only person that we can see in that category is probably, Olisa Agabkoba. We need people, who understand what we call development lawyering. Such a person should be a known voice, a leader in development work; somebody who has been involved in promoting reforms in the justice system.”

    Another lawyer, Dr. Abdulaziz Mohammed, agreed with Akinseye-George that it was wrong to include  lawyers, who are defence lawyers in corruption and financial crime cases, which COTRIMCO is to monitor.

    Mohammed said: “I support the CJN for trying to reform the Judiciary. But the fault is in the composition of the committee. There are some people, who are not supposed to be there.

    “Some former NBA Presidents on the list are currently defending the people accused of corruption. For them to be required to monitor the judges handling these cases is confusing. How do you explain that? The past NBA Presidents should not be there

    “The CJN and others in NJC should have looked for people who are not actively involved in these corruption cases, like law professors in schools or retired judges/justices,” Mohammed said.

    Director of a group Access to Justice (AJ) Joseph Otteh suggested the declaration of a state of emergency in the judiciary. It argued that, while the creation of special courts for corruption cases was good, no case was more important than others.

    He noted, in a statement, that several suspects had spent years in detention due to delays.  It added that according high-profile cases priority, while other cases that border on human rights were left to suffer, should not be allowed.

    Otteh said: “Monitoring of courts should not be limited to high-profile cases involving the rich alone. Let reforms be across board. Let it be for all cases pending in court, not just for corruption cases.

    “The Chief Justice of Nigeria said Chief Judges of states had been directed to create special anti-corruption courts. But if judges of these courts have to be away for about three months each year, not counting other ‘no-show’ days, we may not see the expected changes in the time taken to conclude corruption cases.

    “Let us bear in mind that there are already designated courts in various states handling corruption cases, but it does not appear that these courts have achieved their designed purpose.

    “The judiciary can begin by saying that judges handling anti-corruption cases should not go on extended holidays like other judges, but arrange their own individual vacation schedules. There are countries that already do this. This will give a ring of urgency to the anti-corruption role of courts,” Otteh said.

  • CJ: Development impossible without rule of law

    CJ: Development impossible without rule of law

    The Chief Judge of Anambra State, Justice Peter Umeadi, has said there would be no development without the rule of law.

    According to him, countries with efficient justice systems and which place premium on rule of law attract investments.

    He urged Governor Willie Obiano to govern the state by the rule of law, which he said is one of the pillars of development, if he wants to open the state up for foreign investment.

    Justice Umeadi spoke in response to Governor Obiano’s remarks at a church service marking the commencement of the state’s new legal year at the Cathedral Church of St. Faith, Awka.

    Obiano said: “Based on constant promptings of my lord the Chief Judge, I have elevated the judiciary as an enabler in the state. This means an increase in its budget which will be reflected in its budget next year.”

    He noted that the state’s wheels of development comprise pillars, enablers and outcomes, adding that his administration has made the judiciary an enabler.

    Justice Umeadi urged the governor to continue to respect court judgments and to abide by the rule of law.

    In a chat with The Nation, he said: “Much as I appreciate what His Excellency has done trying to place the rule of law where it belongs, I do not think that he has gone far enough.

    “The Governor has four pillars which spill over to enablers and outcomes.  In my speech at the fifth Annual Chief Judges Dinner and Awards Night here in Awka on March 19, 2016, I did say that the pillars would need one cardinal, irreducible, irreplaceable and yet fundamental element of development which is the rule of law.

    “Let the rule of law be added as one of the pillars, bringing the total number to five. The enablers for this new pillar of rule of law will be the erection of infrastructure for the dispensation of justice, coupled with the systematic funding of the judiciary to enable training and retraining for the requisite manpower.

    “The outcomes will include unenforced inflow of foreign investments, protection of intellectual property, enhanced standards of living and the tendency to explore the realms of science and technology.

    “Anambra State is building a structure that can survive without external funding including the Federal Allocation at the centre. And that is what the Governor is saying; that his aim is to build Anambra State that those coming after him can pay salaries without external aid and he has done creditably well.”

    Justice Umeadi said the rule of law should even be the first pillar.

    “Even asking that the rule of law be made the fifth pillar is a contradiction in terms because the rule of law ought to be the first pillar.

    “He is banking on influx of capital of investment from outside, to drive the economy of Anambra State. Now, the primary concern of every investor is: when that dispute comes up which must come, how would he fare?

    “If investors are assured that when they invest in Anambra State and they have an issue against the government itself, that they can quickly get justice where  they have the better facts, then you don’t have to make any advertisements  for  them to come.

    “Otherwise, you can spend all the money you have advertising and nobody will show up.

    “So, at all times it has been shown that if you build up your justice delivery system in such a way that it could be trusted to be above corruption, to be speedy, then you will be struggling for space to contain developers, to contain investors. That is the line which I have been selling the governor,” Justice Umeadi said.

    The CJ said for development to occur, and for the state to have more investment, the justice delivery system must strengthened.

    “You must first of all strengthen your justice delivery system. Nobody is exempt. Even the judiciary is also under the rule of law. So, if the judiciary does anything that is wrong, it will come under the weight of the law,” he said.

    Justice Umeadi believes the state’s development may have been hampered by a lack of strict adherence to the rule of law.

    “I think the Governor is being blocked by a not too sure economic team who perhaps do not want to be seen to have gotten it wrong in the first place. You don’t move on like that. They got it wrong when they did not put the rule of law there as they should fix it.

    “Now that the Governor has come up to say he has accepted that we should be enabler, they should help him more by saying to him this is the number one pillar.

    “If they do that, the judiciary should be the one smiling, because if you move  us from enabler to pillar, that means if he had wanted to give us times five, he will give us times 15 for us to get ready for him  to achieve what he wants and there is no other way to do it.

    “I am happy that the train has left station, but it is still one quarter away. It cannot be said to be completely done until you make the rule of law the number one pillar in Anambra State, then let the governor sit back and see what benefits it will bring in half of his term,” he added.

    The Lord Bishop of the Diocese of Awka, Anglican Communion, Revd Alexander Chibuzo Ibezim, urged those in justice sector to defend the rights of the poor and less privileged.

    He said: “There is a problem in the legislature; there is a problem in the judiciary and in the executive arm of government. The earlier we start discussing the issues confronting us as a nation, as a judiciary, and then we are nearing the solution.

    “Today, there is no hope for the poor, the level of poverty is so high, and the rich seek medical attention abroad, build good houses, and move around with security. As we read in Exodus chapter 23: 1-9, you are there to dispense truth and justice.

    “The Senior Advocates of Nigeria should extend justice to the poor, to those whose land is being taken by force from them in the villages. You are in the judiciary to fight injustice, to fight corruption and to fight for the poor.

    “Time will come when all the judges including those they judge will sit before God Almighty to face judgment,” he said.

    Anambra State Attorney-General and Commissioner for Justice Mr. Anali Chude praised the governor for giving the judiciary headquarters a face lift.

    He said it made it possible for the judiciary staff to work under a conducive environment, even as the governor remained committed to timely release of allowances due them.

    He urged the judiciary to form a synergy with the executive in the prosecution of revenue cases by eliminating unnecessary delays.

    “Without a strong internally generated revenue base, it will be impossible to meet up with the demands on government in this era of economic crunch in the country.

    “It is the cardinal objective of the present administration that in spite of the economic challenges in the country, the state will not suffer retrogression,” Chude added.

     

     

  • Expectations high as Lagos gets new Chief Judge

    Expectations high as Lagos gets new Chief Judge

    Yet another woman judge, Justice Opeyemi Oluwafunmilayo Oke, has become the Acting Chief Judge (CJ) of Lagos State. ADEBISI ONANUGA writes on her journey to becoming the next CJ of the state and the tasks before her.

    Governor Akinwunmi Ambode has sworn in Justice Opeyemi Oluwafunmilayo Oke as the Acting Chief Judge (CJ) of Lagos State.

    Justice Oke took over from Justice Oluwafunmilayo Atilade who attained the mandatory retirement age of 65 on September 24, which coincided with her birthday.

    Justice Oke becomes the sixth female Chief Judge of Lagos. Before now, she was the Head Judge and Chairman, Governing Council of the Lagos Multi-Door Court House (LMDCH).

    The Lagos judiciary produced the first female Chief Judge on April 12, 1995 with the appointment of late Justice Rosaline Omotoso, who succeeded the late Justice Ligali Ayorinde. She retired on February 26, 1996.

    Thirteen years after, after the reign of six male CJs and the appointment of a woman CJ, Justice I. A. Sutominu, who was in office between May 28, 2001 and March 5, 2004, Justice Inumidun Enitan Akande, came into office on September 8, 2009 and retired June 11, 2012, starting a chain of women CJs in the state.

    The mantle of leadership fell on Justice Ayotunde Phillips on June 14, 2012. She served till July 26, 2014, and was succeeded by her sister, Justice Atilade on August 20, 2014.

    Justices Phillips and Atilade made history because both are siblings and children of a late judge, Justice James Williams.

    Justice Oke was born on June 10, 1954 to the family of Barrister (Revd.) B. F. O. Otesanya and Mrs E. O. Otesanya from Ogun State.

     

    Lawyers expectations

     

    The tenure of Justice Atilade witnessed some achievements.

    They include computerisation of the Probate Registry in Ikeja and Lagos divisions and Appeal registry, refurbishment of the archive section, inauguration of fast track court registry, renovation of judges chambers, renovation of e-library in Lagos judicial chamber, provision of lawyer’s changing room, among others.

    Lawyers have urged Justice Oke to do better and surpass all these given her wide experience at home and abroad in judicial matters.

    Mr Babatunde Fashanu (SAN) advised the acting CJ to find solution to delays in court proceedings, especially the pre-trial Case Management Conference proceedings, which is set for maximum of three months but goes even beyond two years in majority of cases. Most importantly, he asked her to address corruption at the bench and among non-judicial staff.

    “Firstly, I will like to use this opportunity to congratulate My Lord Justice Opeyemi Oke on her appointment as the Acting CJ. My Lord’s topmost priority should be fighting corruption in the Judiciary, particularly among the judiciary workers.

    “My Lord must be firm and determined in fighting this cankerworm which has become a norm in the Judiciary,” he said.

     

    Fight corruption

     

    Nigerian Bar Association (NBA) Welfare Secretary Adesina Adegbite said lawyers have been  embarrassed by judiciary workers who demand tips before documents and briefs filed in the court registry are processed.

    He asked her to address corruption among these level of judiciary staff.

    Adegbite asked her to overhaul the Sheriff section of the Lagos Judiciary. He recommended that the National Industrial Court model should be adopted.

    “There should be an end to lawyers having interface with bailiffs. Speedy and effective service of processes is a consequential foundation for an efficient Justice delivery system.

    “There is also need for urgent review of the administration of probate system including the very high fees being charged for process of probate documents,” he said.

    NBA Ikorodu Branch, through its chairman Levi Adikwaone, urged her to take necessary steps to review the decision on judiciary stamp and the new filing regime in the state.

    “No doubt, the introduction of the judiciary stamp and the new filing regime in the state judiciary with their attendant cost consequences are bitter taste in the administration of justice in the state. The common man is seriously affected,” he said.

     

    Reduce cost of litigation

     

    Lawyers believe the cost of litigation in Lagos is on the increase, making justice only available to the rich.

    They urged her to ensure that filing fees and others costs are reduced.

    Former Ikorodu Branch chairman Dotun Adetunji said the new CJ should reverse the payment of high amount per folio for certified true copies (CTC) of orders, rulings and judgments.

    He said unless this was done, access to justice for the poor would be further restricted.

    Adetunji urged Justice Oke to initiate reforms in civil and criminal procedures, case management  facilitation, and criminal justice sector co-ordination.

     

    Tackle delays

     

    Lagos lawyer Ahmed Adetola-Kazeem, who is the founder and director, Prisoners’ Rights Advocacy Initiative (PRAI), asked Justice Oke to focus on ensuring speedy, just and efficient dispensation of justice particularly in criminal cases where the liberty of individuals are at stake.

    According to him, the CJ should also ensure that more judges are appointed and  that  verbatim recorders are provided in all courts to ease the work of judicial officers.

    “The Chief Judge should also ensure an efficient juvenile justice system where the provisions of the Child Rights Law are strictly adhered to by judicial officers.

    “This can be achieved by organising periodic training for judicial officers, particularly the magistrates.

    “The CJ should issue guidelines mandating judicial officers to carry out an enquiry into the age of any defendant where there is reasonable suspicion that the person is below 18 irrespective of the age written on the documents by law enforcement agents.

    “This will forestall the imprisonment of under aged persons which have plagued the state for long.

    “Discipline must be taken seriously to ensure that judges remain upright and efficient in their duties and that the judiciary remains the last hope of the common man,” he said.

    Director, Constitutional Rights and Peoples Developlment Advocacy Initiative, Ikeji Ikechukwu, said he had appeared before Justice Oke a number of times.

    He said: “I see her as a motherly figure sitting on the exalted seat of justice dishing out justice to her children in equal measure. She is a kind woman and fair in spirit.

    “There is no doubt that she will carry out her responsibilities with the same motherly excellence that she has exhibited thus far in her career. We at the Constitutional Rights and Peoples Development Advocacy Initiative wish her a successful tenure.”

     

    Carry out reforms

     

    A former member of Ogun State Judicial Service Commission, Abayomi Omoyinmi, urged Justice Oke to improve on the reforms initiated by her predecessor.

    Omoyinmi said she should put in place policies that will further improve the dispensation of justice.

    “As the new incoming Chairman of the state’s Judicial Service Commission, she must further work cohesively with the judiciary staffs in terms of discipline, dedication with their job in order to maintain the high standard expected from all the judiciary staff and the lower bench,” he added.

    Head of Litigation, African Women Lawyers Association (AWLA), Nihinlolawa Aluko-Olokun, asked the Acting CJ to decongest of the courts and quicken dispensation of justice.

    She wants her to create more divisions of the courts for easy administration and more family courts to handle and quicken adjudication of cases on rape, child defilement, amon others.

    “The CJ is no stranger to the system. I dare say My Lord is quite familiar with all the challenges bedevilling the judicial system.

    “There is need to urgently address the issue of the recently introduced ‘Lagos Judiciary seal’ which many view as impeding access to justice due to increased cost of litigation.

    “It is also believed that the filing processes are too tedious and should be streamlined. Ongoing efforts to sanitise the registry must, therefore, be sustained and improved upon.

    “The former CJ gave the courts a facelift. Improvement in courts’ infrastructure should be sustained.

    “There is a pressing need for increased oversight of the mobile court system to ensure that citizens’ rights are not trampled upon as often alleged,” Aluko-Olokun.

    Former Publicity Secretary, NBA Lagos Branch Emeka Nwadioke, said he was convinced that the acting CJ  was highly focused on tackling the challenges in the judicial system.

    “Like her predecessor, My Lord is bound to enjoy an excellent rapport with the Bar. Her empathy and self-effacing mien will rub off positively on Bar-Bench relations,” he added.

     

    Her profile

     

    Justice Oke attended the Methodist Primary School Surelere from 1961-1963; Methodist Primary School, Ekotedo Ibadan (1964-1965); University of Ife Staff School, Ibadan Campus, (1965-1967); Fiwasaiye Anglican Girls’ Grammar School, Akure (1968-1972); and Olivet Baptist High School, Oyo, 1973.

    She attended the University of Ife, Ile-Ife (now Obafemi Awolowo University) between 1973 and 1978; Nigerian Law School (1978-1979) and was called to bar in 1979.

    She proceeded to Coppin State College, Baltimore, State of Maryland, United States (1980-1982), and obtained a Master of Science in Criminal Justice. She made First Class Honours.

    For her professional career, Justice Oke was a counsel in the law firm of her parents, Otesanya & Otesanya in 1979.

    She later left for US again after a two-year stint and was Maryland State-Parole and Probate Department Volunteer Service Award winner 1981-1982; Legal Officer, Federal Housing Authority, 1982-1986.

    Justice Oke joined the Lagos State Judiciary as a Senior Magistrate and  became Chief Magistrate Grade 1 1986-1996; and Deputy Chief Registrar 1993-1994.

    She was appointed a Judge of High Court of Lagos State on July 19, 1996.

     

  • ‘80% of cases are lost on technicalities’

    ‘80% of cases are lost on technicalities’

    Mr Ocholi Ojonimi Okutepa attended the Ahmadu Bello University between 2002 and 2008. He was called to the Bar eight years ago. Okutepa tells JOSEPH JIBUEZE how his father, a Senior Advocate of Nigeria (SAN), influenced him.

    The first time Ocholi Okutepa was asked to present arguments before a court, the judge was absent. He may have been being disappointed that the court did not sit. Now, he is rather grateful the court did not sit that day. He was spared what would have been a huge embarrassment.

    Fresh out of law school, he did not immediately appreciate the task he was assigned to handle that day. He did not know that he would be required to speak for 20 minutes. He had prepared for a three-minute presentation.

    His saving grace was that the court did not sit; he would have been left red-faced due to his inadequate preparation.

    Okutepa learnt a great deal from that experience. He is now the head of a major law firm’s branch in Abuja.

    He has gone on to obtain a Masters Degree in Oil and Gas Law from the University of Aberdeen, Scotland, UK in 2014.

    An alumnus of the Institute of Public Private Partnerships and the International Law Institute, both in Washington DC, USA, Okutepa was counsel in chambers at J. S. Okutepa SAN and Company between 2009 and 2011.

    He was Head of Litigation between 2011 and 2017, and is currently the Head of Chambers at the firm’s Abuja office.

    Okutepa has experienced a lot as a lawyer and does not regard any particular one as the most memorable.

    But, he will never forget that very first day in court.

    “I remember my first day in Court at the Federal High Court sitting in Makurdi, Benue State sometime in 2009,” he began.

    “I was led by my senior in chambers, Mr. M. O. Ozueh, who announced me and sought leave of the court for me to conduct proceedings. Unfortunately the case didn’t go on because some parties were not served.

    “I was eager to display my new skill as a lawyer but later on, with more experience, I was glad the court didn’t proceed on the said day.

    “I later realised that my preparation undermined the mode of arguing originating applications. I did not know how to prepare arguments from the facts and relate it to the case.

    “I did not know I would be given 20 minutes to address the court. I was perhaps ready for a three-minute address, which would have been shallow and embarrassing.

    “Well, Thank God the day didn’t happen!”

    Okutepa draws inspiration from his father, Mr Jibrin Samuel Okutepa (SAN).

    The senior Okutepa is a leading Bar man and National Executive Council member of the Nigerian Bar Association (NBA), whose Legal Practitioners Disciplinary Committee he is a lead prosecutor.

    “I look up to my father and principal in the profession. I consider his inspiring story from grass to grace and his dedication to the pursuit of law, his advocacy in court and eagle eyes for salient issues as profound, exemplary and worthy of followership,” Okutepa said.

    According to him, he chose to study law because of the independence it would afford him in future, not because his father asked him to.

    In fact, he said his father never mandated him to study law, as some parents do.

    “I choose law as a profession because I thought it was the profession that guaranteed me independence from job hunting. I wanted to be the master of my own faith.

    “I watched my dad rise from nothing and defined his own destiny by being a lawyer and I felt strongly about it.

    “My dad never asked me to study law. Contrary to what many people think, as at when I made this decision as a secondary school student, he never urged me to become a lawyer, or I cannot remember him ever saying this.

    “Perhaps the only time I remember having this conversation with him was when I picked up my JAMB form and he asked which course I was going to study,” Okutepa recalls.

    So, how much of an influence was his father?

    “As stated, my dad was making a huge transition from a nobody to somebody by becoming a lawyer before my very eyes.

    “I thought to myself: the independence of self determination inherent in a lawyer was something I wanted, and I went for it,” he said.

    Despite growing up under the tutelage of a Senior Advocate, Okutepa still found that some aspects of the law can be challenging.

    “My most challenging case has to be an election petition case in which I felt the technicalities of law clearly robbed the electorate of their elected representative.

    “The issue was that our client won the election and was returned elected. The petitioner challenged the election on the ground that the winner substituted a candidate who wasn’t qualified for the primary in the first place.

    “At this time the Supreme Court had decided against court interference with party primaries. However the trial tribunal and the Court of Appeal nullified the election on this bizarre ground,” he said.

    Okutepa made a case for young lawyers, saying many of them need encouragement.

    To him, a financially incapacitated young lawyer could be distracted.

    He said: “Young lawyers face the common challenge of finances. A lawyer cannot function effectively when he is financially incapable.

    “Law requires the calm and composure that comes with having your basic needs met. The welfare of younger lawyers affects their productivity. Clients don’t trust them.

    “Pupilage under hunger or empty pockets is a huge distraction and discouragement and indeed young lawyers need encouragement.

    “This is not saying enrich them or make them millionaires, but at least make them basically comfortable to concentrate.”

    Okutepa said if he had the power to change anything in the legal profession, it would be to set up a system of merit.

    Why so? “It appears the profession is gradually tilted towards technical justice and anything goes on the alter of technicality.

    “Read law reports, perhaps 80 per cent of cases are determined on technical points, while the meat or real issues are left unattended.

    “While the rules must be followed, it is important to make the system more attuned to address the dispute submitted for adjudication,” Okutepa said.

    On the other hand, he also thinks the legal profession is at a very important crossroad when it comes to the issue of standard.

    “The standard is so low, from dressing to communication,” Okutepa said.

    “You meet lawyers in court and indeed some judicial officers and you wonder if we all took the same training or if some other members of the profession qualified through other institutions of lower standard than the Nigeria Law School.

    “The profession is at risk because gradually it seems that almost anything goes.”

    In the next 15 years, Okutepa would want to be among the best globally.

    “In 10-15, I would have become globally relevant in all I do. In 10 years, I expect to be top in all I do,” he said.

    Does he regret his decision to study law? “No regrets. I will still be a lawyer in heaven if God allows us to remain professionals,” he said.

    Asked what he could have been if not a lawyer, he said: “I am already what I could have been other than being a lawyer: a public speaker and preacher.

    “So, I have had the privilege of living my passions together.”

  • ‘Govt should institutionalise anti-graft war’

    ‘Govt should institutionalise anti-graft war’

    Senior Advocate of Nigeria Abdulhakeem Uthman Mustapha attended the Ahmadu Bello University, Zaria. He holds a Masters degree in International Business Law from the Suffolk Law School in Boston, United States. He also holds an MBA from the Business School, Netherlands, and has attended courses at Harvard Business School and Manchester Business School. In this interview with ERIC IKHILAE, he speaks on corruption, loot recovery and restructuring

    How would you assess this government in relation to its adherence to the rule of law and obedience to court orders?

    If you look at it from context of before 1999 when we had military rule and now, one could say substantial progress has been made.  There was a time when it was celebrated that the government has said it would obey court order. We have now passed that stage.  I think, where we are now, the government is relatively obeying court orders. Where that is not done, it is important for the people in government to know that it is in the interest of the government and the governed that rule of law should take precedence, and that we should obey court orders. If we don’t, it is a recipe for anarchy, and it is not acceptable.

    On fight against corruption

    Like I said earlier, corruption is a big monster that takes resources away from key sectors. When you want to fight something that is abnormal, at times, you need abnormal strategy. So far, I understand that a lot of money has been recovered. To that extent, the government has tried. However, there is a difference between fighting corruption and fighting corrupt people. Somebody drew my attention to this, that when the 9/11 incident happened, the US government set up a panel, which produced a four thousand- page document. And, they examined the infraction holistically and came up with recommendations on how to prevent a future occurrence. Fighting corruption would mean that you first identify the weaknesses and leakages in the system and come up with strategies to address them.  On the other hand, fighting corrupt persons is picking somebody up, checking his resources and taking back what he/her unlawfully acquired.  The two are important, but the one that is more important is fighting corruption. And, fighting corruption means that you put some structures in place.  You institutionalise some procedures that would prevent the occurrence of future infractions. In the area of fighting corruption, the government needs to improve more drastically.   So far, relatively, the government is doing its bit. Unlike before when there was so much impunity in government. If you are in government now and you want to do anything shady, you have to be very careful, because the thought that a Magu will come and pounce on you is enough deterrence.  So, to that extent, yes the government has done well, but it can be improved upon.

    On difficulty retreiving looted funds

    We need to understand something very well. The Western world talks about egalitarian society in the day and at night, they say something else. There are much impediments to the repatriation of these funds.  The resources are being used to develop their own countries. And if eventually, you pass through all the gamut of their procedure, they still take a chunk of the money for themselves.  We need to understand that they are reluctant to release these funds. So, we need new thinking, new ideas.  We need to be dynamic in our approach; we need to be realistic and practical. We also need to understand that the foreign governments are extremely reluctant to release this money.  I remember a time when the Swiss government told Nigeria that, well you have met all the conditions, but we want to know what you will spend the money on. That is an insult.  Somebody took our money to your country illegally, and you are now giving us conditions on what we should do with the money. That is not only insulting, they are infringing on our sovereignty. So, it boils down to the fact that we should fight corruption by making it difficult, if not impossible, for people to take our money abroad. That is the starting point.  We don’t have control over what the foreign governments will do with that money, but we have control over how this money should not be taken out.

    On report that the judiciary comes next to the police in corruption ranking

    I have been going to court all my adult life. This issue of corruption in the judiciary is like the case of one bad apple spoiling the whole basket. The bulk of Nigerian judges are very hard-working and are not corrupt. There are few individuals, and that happens in every society. Everybody cannot think the same way.  You should not forget that the Judiciary has an internal mechanism of cleansing the system and removing these bad people, once they are identified.  Like I said earlier, if we want to fight corruption, we should not expect the court to look for evidence to convict an accused person. It is the responsibility of another arm of government.  If there is corruption in the system, it should be investigated and anyone found guilty should be punished. The judges don’t have immunity.  So, the state should do its investigation properly. Not sting operation. The state should go out to get facts and evidence with which it can effectively prosecute anyone found to be involved in corruption.

    On challenges of arbitration practice

    The problem is the enforcement of awards. We need to look at that, because immediately an award is given the person who it is against, they will now go to court to challenge the award. And that makes nonsense of the whole process. I know of some banks that no longer put arbitration clause in their agreement, because they know that, instead of saving time, it wastes time and sometime compounds the problem.  So, we need a legislation or procedure that will make award final. What we do in this office and some other places is to make the award final. If the two parties know that they are sincere and are picking the arbitrator and the referees in a very fair and just manner, then the award should be final.

    On how to make the system work

    I want to thank the eight National Assembly for introducing the independent candidacy option. I hope it will encourage some people to come out without going through the rigour of party primaries that are often bedevilled with corruption. In terms of restructuring, yes. I think the centre appears to be too large. And the resources there appears to be too much. It is my opinion that things like state policing should be allowed.  If the governors want to tell you the truth, you will find that they fund most of the police operations in their states. But, they do not have control over the same police. Nobody can deny that there might be abuses here and there. I remember that, before the broadcast and aviation industries were deregulated, people expressed fear that the private investors could abuse the privilege. But, we are wiser today. If we allow state policing, in my opi nion, I think Nigeria will be better policed. So, restructuring, yes. But, we need to look at the fact that the major problem of Nigeria is leadership.

    On returning to 1963 Constitution

    Definitely the presidential system of government is too expensive for a country like ours.  I think a hybrid of some of the provisions in this Constitution and what you have in that of 1963, with a little devolution of power to the states will do. But, we need to be careful.  Currently, at the federal level, we have some semblance of checks and balances. We have the National Assembly that sometimes, calls the Executive to order. But, with respect, and I stand to be corrected, that is not the situation in most of the states.  The state Assemblies are like appendages or parastatals under the Executive. If we retain this current structure and we devolve more power and resources to the state level, we might be worse off than we are now.  So, we need to separate the noise from the real issues and understand what we want. We should not allow this bandwagon to push us into taking a decision, so that we do not end up like the Brexit. We need to be sure that we are making the right choice.

    On the best system

    I think it is a hybrid. The parliamentary system works better in a way, because if you are part of the executive and you are a legislator, you are forced to understand the problems and dynamics of the society. And you have to be substantially prepared.  With respect, a lot of our legislators are absentees. They hardly go to the place. So, in my opinion, a hybrid of that will work. I also think we need to look at the area of whether we need to have the Senate and the House of Representatives at the same time with our current resources. Frankly, we need to review the structure that we currently operate. Because it is not delivering and it is taking too much of our resources. We should restructure to reflect true federalism, where some of the items in the Exclusive Legislative List are devolved to the Concurrent List. But, more importantly, we need to look at the drivers of the system if we really want to move forward.

    On IPOB’s proscription

    We need to look at it from the angles of strict legal and social.  In terms of legal requirement, the impression I have is that IPOB is registered in Nigeria. Under the Terrorism Act, the provision for how an organisation can be declared a terrorist organisation is very clear.  What the Nigerian Army did was wrong. I think they later came out to say they didn’t say that much. It is for the Attorney General or the National Security Adviser (NSA) to approach the court. And that has been done from the legal perspective; safe for the fact that IPOB is alleged not to be registered in Nigeria. But, that is a different thing entirely. If it is not registered in Nigeria, then Nigerian court does not have jurisdiction on it.  But, the reality is that there is IPOB in Nigeria, whether it is registered or not is a different thing entirely. From social point of view, there is a school of thought the believe that the activities of Boko Haram would have been severely curtailed if there was a timely action on the part of the government. So, to that extent, may be outlawing IPOB would have been a precautionary measure.  There is no part of this country that I have not travelled to. I have more friends who are Igbos, and I am from Ilorin. Nigerians, we have come to leave with each other. It is just like Prof Chinua Achebe said, that we are neighbours and nobody will go for each other. If you look at the real sector of Nigerian economy, from the motor parks to where you buy auto spare parts, to the garages, Nigerians have integrated. We all are affected by the same problems, which include poverty, lack of infrastructure and leadership deficit.

    On national character

    That is very relative. You need to look at successive governments and how these appointments are done, because there is a constitutional provision as to representation, whether ministerial or in other capacities. That, to me, has been fulfilled. It is part of the corruption in the system for you to say one ministry is juicy and the other is not. We should discard such habit. It is very nauseating. We are about 180 million Nigerians. We should always pick the best to represent us, irrespective of where he/she comes from. We need to get to a stage in Nigeria where we will allow competence to take precedence. The problem with Nigeria is leadership. The earlier we address it, the better for us.

    On Constitution amendment

    The Constitution is, more or less, an agreement. It is a document that needs to be reviewed from time to time. The original American constitution has been so amended that there is no one single clause in that constitution that has not been visited one time or the other. In Nigeria, it has been amendment today, tomorrow and the next. What we need is that we should allow the Constitution to work. We have not really given it time before we say we are amending again. Amending the Constitution or document, in appropriate cases, is not bad. But, if the players are sincere and put the society above their own interest, it is a document we can all work with. It can be amended from time to time, but it is not a document that we can holistically say is not good. May be, in appropriate cases, the amendment could be few times, otherwise it defeats one of the features of law, which is that law must be certain. If you amend today, and three to six months after, you are talking of amendment, it would not augur well for anybody.

    On special courts

    The initiative is a good one. It is well overdue. For those familiar with court system in other jurisdictions, there are specialised courts that handle things. In fact, if you look at the evolutionary nature of arbitration, it is because there are some specialised issues that the conventional court might really not understand, and you need a specialised court to be able to address it. So, setting up special courts that would try corruption cases is a fantastic idea. We need to understand that corruption takes resources away from the critical sectors, like heath care, roads, education, among others, and put them in individuals’ hands. And, it gets to a stage where individuals, via corruption, become bigger than the state. That becomes a big challenge. So, anything that will curb excesses or arrest the issue of corruption in Nigeria should be a welcome development.

    On tackling delays

    Much more still need to be done, particularly on the part of the prosecutors. The idea of arresting before looking for evidence is wrong. It does not work anywhere. The state counsel need to do their homework very well. They need to do more of forensic investigation. The world has gone beyond the archaic way our people conduct investigation here. They need to learn to deploy more of information and communication technologies to conduct forensic investigation. More importantly, the courts need infrastructure. Most of our courts lack the necessary facilities. The idea of a judge recording proceedings in long hand is completely unacceptable. If you go to some African countries like Ghana, Togo and Kenya, they have gone beyond that. If Nigerians wants to fight corruption, they should blame the judiciary less. They should address the infrastructural decay in the judiciary and see whether or not it will perform. It is only when the court is appropriately funded that it can deliver on its mandate. Secondly, it is important that we understand that the judiciary is an arm of the government and not a parastatal under the executive. The need to uphold the independence of the judiciary is quite important. What goes around comes around. The man, who is in the executive today may need the service of the court tomorrow. So, it is in our collective interest to ensure that the Judiciary is properly funded and is allowed its independence, to be able to protect the interests and rights of everybody, and to protect the rule of law.

    On disobedience to court orders

    You see, if the decisions of courts are not obeyed, it is certainly a prelude to anarchy. It is not the responsibility of the court to enforce its judgment. That is the duty of the law enforcement agencies. It is condemnable and dangerous for any agency or arm of government not to obey court orders.

    On Administration of Criminal Justice Act (ACJA)

    I think the law is revolutionary. Two years is too short for one to fully assess it. Some of its provisions would have to be given judicial interpretations. But, it is a right in the right direction, especially in criminal prosecution. The ACJA has addressed the idea of interlocutory appeal that could stall the prosecution of cases. There are other so many revolutionary aspects of the law. The issue of bail is a constitutional one. You are presumed innocent until the contrary is proved. Before the advent of the ACJA, it was not very clear. But, with the Act, it is now almost compulsory that a defendant is entitled to bail. So, there are so many salutary provisions in it that is revolutionary. But, like I said, it is still at its evolutionary stage. I am happy that the provision that, interlocutory appeal should not stall proceedings, has been given a judicial stamp by the Supreme Court.

    On decongesting the courts

    Like I said, it is still very early. But, I think in the context of expeditious criminal prosecution, yes. But, the congesting of courts is not so much of the provisions of law. It is more of the arrest, prosecution and even the prison system, which to my mind, is very archaic and needs to be changed. If the police are still investigating a matter, the person should be entitled to bail. More than half of the inmates in our prisons today are suspects. Some of them might have been grated administrative bail at the police level, but they are unable to meet the condition. If somebody is selling pure water and you ask him/her to bring a surety that has two or three million naira, that is not fair. That is even contrary to the presumption of innocent.

     

  • ‘I broke my parents’ hearts by choosing law’

    ‘I broke my parents’ hearts by choosing law’

    Everyone thought Ulasi Ogechukwu Mary would end up in a science-related profession. She excelled in Physics, Chemistry and other science subjects. But one day with a lawyer changed her mind forever. The Best Graduating Student Class of 2015 at the Anambra State University (now Chukwuemeka Odumegwu Ojukwu University) shares her law journey with ROBERT EGBE.

    Family

    My name is Ulasi Ogechukwu Mary. I’m from Utuh in Nnewi South Local Government Area of Anambra State.

    I am the fourth child of my parents. I was born into a family of strict academicians. We love to study. My father is a lecturer and my mother is a school Principal.

    We are devoted Catholics.

    Education

    I won several awards at secondary school – Federal Government Girls College, Onitsha. I was the best student in my class, subjects and also debating competitions. I received an award for three consecutive years from my parish because of my performance in school.

    In 2015, I graduated with a Second Class Upper from the Faculty of Law, Anambra State University, now Chukwuemeka Odumegwu Ojukwu University. I was the best graduating student in my set. I won both the Pro-Chancellors and the Faculty awards.

    I attended the Nigerian Law School Abuja Campus and also graduated with a Second Class Upper division.

    I love academics a lot. I love to read, write, attend conferences, teach and I pray a lot too (laughs). My love for academics started right from childhood. I played scrabble and monopoly and I loved to read novels. My friends felt I was a boring person to be with because I discussed books a lot.

    Choice of law

    I never dreamt of being a lawyer. I see it as a divine arrangement and call. You know that childhood experience when kids gather they say they want to be a doctor, a nurse and all that? Well, all I ever wanted right from childhood whenever I was asked in school, at home or anywhere I found myself was that I would be a teacher and I would be helping people. I had no idea of what law was, what it entailed to be a lawyer. I just wanted to be a teacher and also rendering service. I was very good in sciences in junior class, even when I did extramural classes in preparation for senior class. I was very good in physics, chemistry and biology. At that time I had no connection with arts because almost everyone around me was good in the sciences. But that passion for science got buried the day I went for a career talk. The lawyer spoke so well and instantly I changed my mind. The lawyer showed me that as a lawyer you can be in any place, work in any field. He made me see law as the god of all other professions. He was neatly dressed. The day I mentioned that to my parents, it broke their hearts. They were scared of who would guide me being that they knew little about the arts let alone law.

    It was difficult to convince them. I had to write an essay to convince them. The sudden twist was so shocking to everyone. A lot of people said bad things about the profession to discourage me, but I stood my ground. I said to myself this is a profession that I know I will always meet people, teach and also help people, travel around helping people. I saw it as an all encompassing profession. So, I felt comfortable with the decision. I chose the profession that would fulfill my dream of teaching, helping people and travelling around. A profession that would not confine me to a particular place.

     

    Call to Bar

    It is an experience I won’t forget. It was memorable. My family and friends were in large attendance. The first lawyer in the family: you can imagine the joy. My extended family members were present to celebrate their first lawyer. I had a little get together courtesy of my god parents.

    The love my friends showered on me was overwhelming. Seeing people celebrating me on different social media platforms. It was a remarkable event.

    First solo court appearance

    I was very scared. When I announced my appearance, I rushed it (laughs). It was before a high court judge. But he just smiled at me. I guess he knew I was a new wig.

    Embarrassing court experience

    I appeared in a customary court and, before plea was taken, I was already on my feet asking the court to strike out the matter. Gosh!!!! The court asked me to calm down. (laughs). The court said “Counsel, you must be a new wig.” I felt like the ground should open and swallow me (laughs). But I’m still learning.

    Shocking things about law

    It has been interesting and challenging journey so far. The first shock you get as a junior, is the poor remuneration. It is discouraging. Also, most times people don’t want to give you work to do for them because they feel you are too young and you are not knowledgeable enough. But I believe at this stage of life one has to persevere and learn the art and develop the skill. Money will come.

    The profession is tasking, stressful and it requires that you read constantly and build your library too. You learn and unlearn. It is fun also, because you meet your friends in court you take pictures (laughs), meet lawyers who are sarcastic in court. I am learning a lot, I am also meeting people and entering offices I never thought I would enter so easily. All because I am a lawyer (smiles).

    Regrets?

    I don’t regret anything. I would choose to be a lawyer over and over. If there was something like a third life. I would choose law again.

    My aspirations 

    I hope to work, first in the classroom as a law teacher then get elevated to the Bench.

    Marrying a lawyer?

    Yes! I would love to marry a lawyer. It is sometimes difficult relating with a non-lawyer, because they constantly remind you that you are a lawyer and you are using ‘lawyer sense.’ Still trying to figure out what ‘lawyer sense’ means (laughs).