The Nation Newspaper

Category: Law

  • ‘Judges are next to God and must be beyond reproach’

    ‘Judges are next to God and must be beyond reproach’

    John Olusola Baiyeshea (SAN) was called to the Bar 35 years ago. He handled the landmark case involving the sacked 49 University of Ilorin (UNILORIN) lecturers who were reinstated by the Supreme Court after a long legal battle. A cleric, he holds a Masters in Divinity as well as two others – in Law and Philosophy in Law. In this interview with ADEKUNLE JIMOH, Baiyeshea speaks on how to rid the judiciary of corruption, the need to rotate the presidency among the six geo-political zones, and why the anti-graft war must be sustained. He says those who have nothing to hide will not accuse the government of being selective.

    On corruption

    The judiciary in terms of the personnel and intellect ranks among the best in the world. The judgments are good, lucid and a lot of research is put into their work. Their work condition really is very poor because they still write in long hand. There are so many discouraging factors, but these people still find time to do good jobs. Unfortunately, the dark side of it is the issue of corruption and you know corruption in the judiciary affects all. I always tell people that if there is corruption in the judiciary, it is because there is corruption in Nigeria. Corruption is the most flourishing industry in this country, unfortunately. And the corrupt have quite a lot of money to throw around. Apostle Paul told us in the Corinthians that ‘anybody who thinks he is standing should be very careful so that he does not fall.’ It takes the grace of God for judicial officers in this country to resist the evil temptation of corruption. It is not all of them that are corrupt and I want to believe that the percentage of them is small. Unfortunately when we are talking about corruption in the judiciary, there is a tendency for people to generalise. For anybody who has been a victim of corruption in the judiciary, there is nothing you can tell him that he will agree that there is an exception. That is the major negative.

    On curbing corruption in judiciary

    I am just praying and hoping that we will be able to isolate those who are corrupt so that we don’t lump them with those that are genuinely and honestly doing their work in a godly way. Let me tell that you that people who go to corrupt these judges and judicial officers are the people that come back to talk about it. Once you have the opportunity of sitting over the affairs of man, just as God is sitting on the affairs of the whole universe, it is a rare opportunity; you are not to be corrupt. To be corrupt is to be ungodly. It is sadistic and satanic. I just wish that some them who are engaged in it would avoid it.

    Judges changing mindset

    It is by encouraging themselves and believing it is a godly assignment. First and foremost, anybody whose heart is not circumcised to appreciate that he is doing God’s work has the tendency of doing something that is criminal or evil. If you are  true Muslims and true Christian, you have nothing to do with corruption. You will have contentment on whatever comes to you and you will have satisfaction that it is like God sending you on an assignment and you have executed the assignment properly; you have represented God truthfully, honestly, genuinely and soberly, knowing that your reward is with God. But if you are hell-bent on following the worldly affairs and mass acquisition of money that your generations yet unborn cannot finish, then somebody like that should not be in the judiciary. I always say that even though corruption is a horrible thing in the country and ravaging everywhere, judges still have a duty to live above board, because you are carrying out a special assignment. You are almost the closest person to God than any other person. It is God who sits in judgment over the affairs of man. Unless this mindset/attitudinal change of the corrupt is removed from some of these our judicial officers, they will still continue to soil their hands. Judges are even supposed to be extra-ordinary human beings. I wish they can just get to that level and things can get better.

    War against corruption

    I listen to people and I have heard them say that they are going after selected people. They cannot go after you, if you are not corrupt. Nigerians leave substance and begin to talk about things that are senseless. I think we should start from that basic pedestal. If you have no skeleton in your cupboard you have nothing to fear even if you are an opponent. If they pick you and they find nothing against you they will leave you off the hook. But for God sake over 99 percent of them have issues of corruption. So the ongoing exercise of the present government, as far I am concerned, is encouraging. People now know it is no longer business as usual. At least we have a president that we can say of a truth he is not corrupt. It takes somebody like him who has no dirty dealings to help us in this country to deal with these corrupt people. If you live in a glass house you cannot throw stone. The former president could not come out boldly like this. Nigeria is the only country in the whole world where corrupt people are worshipped. The system makes stealing lucrative. People see it as a lucrative business. People are not occupying public offices to render genuine and honest service; they are going there because they feel it will give them opportunity to steal and steal. The ongoing effort is salutary; of course there can be improvement.

    On looting and recession

    Every day we read about huge sums of money stolen; that is why I say that corruption is the industry that is flourishing in Nigeria. I am even thinking that the Economic and Financial Crimes Commission (EFCC) alone can no longer cope. The work of the Independent Corrupt Practices and Other Related offences Commission (ICPC) is not strong enough. It will appear that we need a stronger and better EFCC to deal with the issue of corruption in Nigeria because the industry is getting larger, wider and more terrible. It is mind-boggling, it is sadistic. The recent example we are hearing is that of Deziani who is said to have about $90 billion cash and asset in America alone. We are not even talking about the ones she has in UK. She has about 56 houses and mansions here and there. She has broken the record of becoming probably the most corrupt woman on earth. They have lost compassion. There is nothing like conscience for them. I always tell people that a country that jealously, carefully and prudently manages and guides its economic resources cannot be hit by recession adversely just like we have been hit by the malaise.

    On Osinbajo, Magu

    Fortunately, Vice President Yemi Osibanjo believes in the course. Fortunately, too, the EFCC Acting Chairman Ibrahim Magu, whom some people are castigating, is so committed to this course. I am just advising that the cases of corruption be heard faster. Let the people who are corrupt face judgment and the consequences of corruption more quickly. A situation in which corruption cases last for between 10 and 12 years is a mockery of our judicial and legal system. This is a country where the citizens are aiding and abetting corruption. These thieves will continue to take Nigeria for a ride unless something radical happens that will help us revamp, revive and reactivate our judicial and legal system in order to catch and deal with the thieves immediately. Nigeria is the only country in the world where these aberrations happen. I don’t know where we got our own brand of human rights from. Somebody will steal the country blind and still claims his fundamental human rights should be protected.

    Clamour for restructuring

    All the arguments about restructuring, when I discuss them with my friends, I tell them that as far as I am concerned, what we need in this country is removal of corruption from our system and everybody will be happy. The clamour for restructuring is because there is economic inequality, which is worse than political inequality. If you don’t have economic empowerment you cannot talk about political empowerment. What we need is good governance. My own alternative to the clamour for restructuring is to have a Constitution that will make the presidential seat rotational among the six geo-political zones in the country. With that each zone, we will have an equal sense of belonging. The issue of who becomes president is the major matter causing the clamour for restructuring. Many people who talk about restructuring do not even know what they are talking about. Many of them are thinking in terms of dismemberment of the country. I don’t think that is what need as a nation.

    On representing UNILORIN 49

    The most outstanding case in my years of practice is the case of 49 University of Ilorin (UNILORIN) 49 teachers that were sacked by the authorities of the university when Chief Olusegun Obasanjo was president. They were sacked in 2001 and the lot fell on me to challenge their sack through the hierarchy of courts from the Federal High Court to Court of Appeal to the Supreme Court. It was a very difficult, tough and turbulent journey for me and for the teachers. That was a case that not many lawyers wanted to touch because of the sensitivity of it – the government, the environment and, more importantly, the people had no money to pay. For nine going to 10 years they had no salary, but we weathered the storm together with them and by the grace of God, we won at the Federal High Court. But the Appeal Court by a split decision of two to one, overturned the Federal High Court by okaying their sack. But by unanimous decision at the Supreme Court we won and they were ordered to be reinstated and they were reinstated. There are other cases but that is the most outstanding one that people talk about and I thank God for it.

    On winning the case…

    First and foremost, I thank God for making it possible because anybody who knew the socio-political landscape at that time would agree that it was very tough and turbulent. President Obasanjo then swore that the lecturers would never be readmitted into the university. We said, after all, he is not God. It is only God that can pronounce finality when it comes to the affairs of men, nation or country. So, we continued and we were never discouraged. Although it was difficult, we were hopeful somehow and we return all the glory to God. Of course, it has remained in the annals of the history of Nigeria that once upon a time there was such an important case which affected the whole nation. Just as ASUU is on strike now, it was on strike several times over the issue but it was resolved through the judiciary and we thank God for it. I must say that by the grace of God, it increased my profile nationally and internationally. That case is a reference point; even on labour matters people from other countries get in touch with us to get the reference to use the case. There were other watershed cases before it, but this one also came to improve the quality of those former decisions.

    His early days

    I was called in the Nigerian Bar in 1982, meaning that I have done 35 years as lawyer. In our profession we call it post-call experience. After being called to bar in 1982, I did my National Youths Service Corps (NYSC) programme at the Kaduna State House of Assembly and I was at the legislative drafting department. Our head of department was one Mrs. Kujo who later became the Chief Judge of Kaduna State. She retired two years ago. While I was there during youth corps I needed to get myself really engaged and maximise the time and opportunities that came my way. So, I had the opportunity to teach also at the Kaduna Polytechnic in the School of Business and Administrative Studies. I taught company law. The former Governor of Plateau state Joshua Dariye was my student in his final year HND Accounting class in 1983. I was in the Chambers of Bayo Aluko Olokun and Co. I, then, tried to understudy the practical way of doing our work then. Chief Bayo Aluko Olokun really showed us the way to go. He exposed me to the way to go about legal practice. Most of things I got to know, that I also teach people. I got my foundation laid in his chambers and I am grateful to him. Unfortunately, he is dead. He also became a Senior Advocate of Nigeria (SAN) before he died.

    His pupilage

    After youth corps service between August and October 1983, Chief Bayo Aluko Olokun posted me the then Sokoto State. I was the counsel to the Nigerian Peoples Party (NPP) in the whole of that state. At that time in Nigeria the dominant political parties during the Shagari era were the National Party of Nigeria (NPN), Unity Party of Nigeria (UPN) and the NPP. Somehow there were some people who felt aggrieved as members of the NPN just as we have in PDP, so those ones moved from NPN to NPP and they posed a very strong threat to the NPN, which was ruling in Sokoto state. The NPN, then, resorted to oppression, suppression and intimation and many of the NPP’s supporters were put in jail. It was my duty to go to court, file applications and you know I was a new lawyer and I tried my best. I visited many in Sokoto, Gusau prisons and I also went to Brini-Kebbi. I was based actually in Gusau and I was travelling everywhere. When I finished that assignment, I came back to Kwara, my state of origin and joined the state Ministry of Justice as a state counsel. I was there for three years (from 1983 to 1986) when I came out to establish my own law office in Ilorin. I have been here since then. By the grace of God I became a SAN in 2007. I was ordained a reverend in 2015.

  • Kafarati: The man, the tasks

    Kafarati: The man, the tasks

    The Federal High Court has an Acting Chief Judge. Justice Adamu Abdu Kafarati is assuming office when no fewer than three judges of the court are on trial for alleged corruption. He has his work cut out for him. Besides tackling corruption among judges, he must do something about the intractable delays in the administration of justice. Senior lawyers, who spoke with JOSEPH JIBUEZE, have set agenda for him.

    The Federal High Court has recorded impressive growth since its inception in 1973.
    From the pioneering five judges, the court now has 62 judges, with 36 judicial divisions across the country.

    The Federal High Court has concurrent jurisdiction with the High Court of the FCT and State High Court in respect of fundamental rights matters.

    It has exclusive jurisdiction over several claims, such as maritime and actions against federal agencies.

    Due to its wide criminal jurisdiction, much is expected of the court in terms of justice dispensation. That is why all eyes are on the court’s new Acting Chief Judge, Justice Adamu Abdu Kafarati.

     The man

    Justice Kafarati was born in 1954 in Kwami, Gombe State. He attended Kafarati Primary School from January 1962 to December 1968. He attended Government Secondary School, Gombe from 1969 to 1973, as well as the Northeast College of Arts & Science (NECAS), Maiduguri from October 1973 to June 1975.

    He studied Law at the Ahmadu Bello University, Zaria from October 1975 to June 1978. He graduated from the Nigerian Law School, Lagos in 1979.

    After his National Youth Service Corps (NYSC) programme, he began his career as a State Counsel II at the  Bauchi State Ministry of Justice. He rose to the position of Principal State Counsel in 1987. He served as Assistant Administrator-General before he was appointed a judge of the Federal High Court on October 31, 1991.

    The tasks

    Lawyers have set agenda for the new Acting CJ. It includes the need to review procedure. According to them, rules of procedure dwell too much on technicalities and must be reviewed. Rather than argue the substance of a case, lawyers spend time on arguments over due adherence to procedure, thereby wasting precious time.

    Lawyers also say there is a need to enforce the court’s practice direction and curb indolence. Some judges, they say, habitually sit late. According to them, rules cannot be effectively enforced without willing judges to drive the process.

    There is also the need to strengthen judges’ cases management powers. Judges should be encouraged to fix cases at specific times rather than have all cases being listed for 9am and having lawyers sit in court for hours waiting for their cases to be called.

    The capacity of judges also needs to be enhanced, but it should not interfere with their core judicial functions. There is also the need for transparency in the process of judges’ appointment, such as advertising the vacancies. Erring lawyers must also be sanctioned no matter how highly placed.

    Justice Kafarati has also been urged to make every effort to rid the court of corrupt elements, including registrars who act as middlemen. The Sheriff Section also needs attention, as sometimes, lawyers have to pay extra money for processes to be served after paying official fees.

    Lawyers have identified issues the new Acting CJ must address.

     Constitute special courts

    Justice Kafari is expected to constitute special courts that will adjudicate only corruption cases as directed by the Chief Justice of Nigeria (CJN).

    A professor of law, Yemi Akinseye-George (SAN), said: “The new Chief Judge of the Federal High Court should constitute specialised courts or fast track criminal courts to handle high-profile corruption cases on day-to-day as mandated by the Administration of Criminal Justice Act (ACJA).

    “He should send his best and brightest judges to those courts; judges who cannot be easily confused by rabble-rousing defence lawyers.”

    The professor of law said there should be at least two specialised courts each in Kano, Lagos, Abuja, Enugu and Port Hacourt divisions.

    Akinseye-George further recommended: “The best court administrators should be retrained and sent to those courts.The court should work on weekends except Sundays. The courts should be specially resourced to pay overtime allowances not only to the judges but also to the administrative personnel of the court.

    “They should target the proceeds of crime and asset recovery. Imprisonment should only be used when those found guilty refuse to return illicit assets traced to them.

    “The judges deployed to the fast track criminal courts should undergo on the job refresher courses organised by local and international experts in anti-corruption and asset recovery.

    “The court shall not tolerate more than five adjournments and the interval of adjournment shall not exceed two weeks.  It should not permit any form of delay. If the prosecutor is not ready with their cases, the court should direct plea bargaining or strike out such cases, not dismiss them. This will enable the prosecutor to come back with better charges.

    “The judges and the support staff should be trained in modern case management methods and witness protection. The court should have a dedicated witness support and protection unit. The provisions of the ACJA on witness protection should be activated.

    “If the new Chief Judge of the Federal High Court can help the nation by concluding high profile corruption cases, he will leave a permanent legacy as a reformer per excellence. He should follow the cue given by the Chief Justice of Nigeria (CNJ) in his powerful address to the new SANs recently.”

    Make more use of technology

    One of the major causes of delays is that most judges write in long hand. They write lawyers’ submissions, as well as witness’ testimonies. It’s not unusual to hear lawyers instruct their witnesses to slow down and to only speak when the judge has finished writing the last sentence. This not only delays proceedings, but also leads to fatigue for all concerned.

    Akinseye-George said courts should be provided with recording devices to speed up cases.

    His words: “The court should be equipped with locally sourced e-recording facilities. I’m aware that a Nigerian ICT service provider has developed an inexpensive but effective court recording machine.”

    A Senior Advocate of Nigeria (SAN), Dafe Akpedeye, said: “It is important he builds on the achievements of his predecessor and avoids his mistakes. It is a herculean task administering courts scattered over 36 states of the Federation and the FCT.

    “Information Technology (IT) has greatly helped to bridge the gap and mitigate the hardship. I enjoin him to exploit the resource of Information Technology to collaborate with his brother judges in assessing the peculiar challenges of the Federal High Court, proffering solutions to them and implementing same.

    “One thorny issue that seems to have defied each administration is the issue of different divisions of the same Federal High Court giving conflicting judgments. This must be addressed frontally.  Again, IT should be called to aid in this regard. It is unacceptable that in the 21st century, distance would be a threat to effective case management and periodic compilation of judgments and access to them by judges.

    “I will like to see a drastic improvement in facilities in use at the Federal High Court. Basic amenities like air conditioner, good sound system, lighting, good furniture for the judge and the Bar, as well as the gallery should be in place.

    “I will like to see our noble lords being more amenable to the use of Information Technology. For instance, the electronic law reporting revolution has come to stay and should be embraced. If the learned judges have these resources and are proficient in its usage, its impact on the speed and accuracy of justice delivery will no doubt be further enhanced.

    “Again efforts should be made to address the perennial issues of conflicting judgments by different divisions of the Federal High Court, and forum shopping by disgruntled lawyers especially in a bid to get innocuous interim orders.”

    Develop new practice directions

    Speaking further, Akinseye-George said: “The new CJ should also assemble progressive legal experts, including experienced judges, to assist the court in developing Practice Directions and forms which should be issued to accelerate and conclude trials of high profile corruption cases in those courts.”

    Activist-lawyer Femi Falana (SAN) also spoke of the need for courts to enforce their Practice Directions.

    “They are designed to give priority to the trial and appeals arising from cases of corruption, money laundering, terrorism, rape and kidnapping and human trafficking.

    “To obviate undue delay in the determination of corruption cases, the Practice Directions have made special provision for the service of processes on parties by electronic mail addresses, facsimile number and GSM telephone number or any other available mode of communication,” he said.

    Set time-lines for cases

    Former Lagos Branch chairman of the Nigerian Bar Association (NBA) Chijioke Okoli (SAN) said strict time-lines should be set for judges to determine cases.

    Judges who fail to meet such deadline, he said, should be queried.

    He said: “It is a well known fact that the administration of justice in Nigeria is in state of paralysis. First and foremost, Justice Kafarati should ensure that cases move quicker. The court can say: ‘Any case that lasts more than 24 months, there should automatically be an explanation as to why.’

    “They can set a time-line that, within 24 months of case being filed, it should be concluded with judgment. And, if the judgment has not been given, the particular judge will have to explain why the timeline was not met.”

    Impose severe sanctions to curb delays

    Okoli said the CJ must warn judges against over-indulging senior lawyers. According to him, the court must not tolerate delay tactics by lawyers, and must sanction those who stall cases.

    “Part of the problem is that the judges indulge lawyers, especially senior lawyers. So, any day the court is ready to do business, if any lawyer or party whose turn it is to proceed fails to do so, there should be very, very severe sanctions against the party. It’s either the person’s right is foreclosed or a major punitive cost should be imposed,” he said.

    Falana said though the Supreme Court had upheld the constitutional validity of Section 306 of the Administration of Criminal Justice Act on the abolition of stay of proceedings in criminal trials in all federal courts, some defence counsel have devised new dilatory tactics.

    They include the practice of subjecting each prosecution witness to cross-examination, which, sometimes, lasts for 20 days or more, by asking irrelevant questions.

    Sometimes, senior counsel also tell their juniors to ask for adjournment to enable them personally handle the cross-examination of prosecution witnesses.

    “Trial courts should stop such delay tactics which are programmed to defeat the letter and spirit of the ACJA 2015.

    “Defence counsel who conspires with their clients to frustrate the prosecution of corruption cases should be made to pay punitive costs while not more than three lawyers should appear in court for any of the parties in corruption cases,” Falana suggested.

    Rid judiciary of corruption

    A federal prosecutor and university teacher, Wahab Shittu, urged Justice Kafarati to support the Buhari administration’s crusade against corruption by helping to rid the Bench of corruption.

    “The focus should be on ridding the judiciary of corruption. The perception that there is some semblance of corruption should be removed,” he said.

    Shittu also urged him to insist on the sanctity of judicial pronouncements.

    “When pronouncements are made, judges should ensure they are respected, because the judiciary remains the last hope of the common man.

    “He should also address the issue of ethics. Violation of ethics at all levels should be a major concern, whether by judges, lawyers, prosecutors or defence counsel. People who subvert ethics should be brought to book.

    “I think he should address the element of delay in trial proceedings, because justice should not only be served but should be promptly served,” Shittu said.

    Encourage specialisation

    A Senior Advocate of Nigeria (SAN), Mr. Ahmed Raji, said there was a need for judges to specialise in particular fields of law rather than being jacks of all trades.

    Like Okoli, he also canvassed time-lines being set for judges for determination of cases.

    “I look forward to a new system whereby there will be specialisation for judges. It should be in a way as to have criminal courts, commercial courts, admiralty courts, etc.

    “I also look forward to new Rules of Court that will spell out time management scheme with a view to decongesting the court,” Raji said.

    Improve court infrastructure

    The Lagos Division of the Federal High Court has some of the smallest courtrooms in Nigeria, yet it is the busiest. It is a common sight to see several lawyers standing inside and outside the courtroom for lack of space. To get into the courtrooms, you must force your way in.

    Nigerian Bar Association (NBA) Second Vice President, Mr Monday Ubani, said the CJ must address the court’s infrastructure challenges.

    “The state of the Federal High Court in Lagos, the economic nerve centre of Nigeria, is not something to write home about. The condition of the courts in Lagos is pathetic, discomforting and appalling.

    “The courts are small, tight and very unconducive for serious judicial proceedings. The truth is that most times, lawyers and litigants compete for the non available space and seats for the day’s business, with most lawyers standing up throughout the duration of their cases.

    “The situation is critical that one advises the new Acting Chief Judge to put in place positive measures and policies to reverse this ugly situation.

    “The Federal High Court Lagos needs a policy towards expansion or a location of a new site entirely that will accommodate a modern court structure befitting the Centre of Excellence.

    “The present structure is clearly not modern and befitting Lagos State or any other state for that matter,” Ubani said.

    Re-activate Ikeja Division

    Ubani, a former chairman of the NBA Ikeja Branch, urged Justice Kafarati to re-open the Ikeja Division of the Federal High Court.

    “I also appeal to the new Acting Chief Judge to reactivate the Ikeja Division of the Federal High Court. A division was initially created some time ago and measures to actualise it were stalled for reasons still not clear.

    “I will want the new CJ to look towards the direction of actualising the new division in Ikeja, the capital of Lagos State.

    “I must congratulate Hon Justice Adamu Kafarati, the new Acting Chief Judge of the Federal High Court on this elevation. I pray for his due confirmation and on time too.

    “I wish the Acting CJ and the judges a happy New legal year and a fulfilling one at that, with God helping us a nation to attain the goal of ensuring justice to all men and women who approach the court for that scarce commodity known as ‘justice’,” Ubani said.

    Reduce frequent judges’ absences

    Lawyers have decried situations where they would travel long distances, only to get to court and learn that the judge would not sit. To them, nothing can be as frustrating as that.

    Lagos lawyer Tope Alabi is one of those who wants to see an end to that. “When a court would not be sitting, the court has our mobile numbers and e-mail addresses. Let the Registrar send messages to us that the judge will not be sitting,” he said.

    Another lawyer, Chizotam Akwiwu, said: “I was once in court for a matter only to be informed that the judge had travelled and would not be sitting. This happens a lot.

    “Despite counsel leaving their contact information on processes, they have to come all the way to court only to be informed that court would not be sitting.”

    A lawyer Dele Igbinedion, who has practiced law in the United Kingdom, said: “When a matter is filed in court (in the UK),  the process follows a rigorous timetable usually set in a case management conference for exchange of pleadings, witnesses statements, evidence, all of which will be contained in a trial bundle. Then the trial dates will he fixed-in stone, and can only be amended in the most exceptional circumstances.

    “In all my years, I never asked for the adjournment of any case. If you must, and if you absolutely must, then at least two days notice is required.

    “The above is obligatory. Case management principles require it, and failure to do the needful by the prosecution, plaintiff or defence usually attracts severe sanctions, ranging from costs awards (including wasted costs awards against the individual solicitor), reprimand, increased sentences.”

    Fix workshops, conferences on weekends/vacations

    A human rights group, the Access to Justice, faulted a situation in which the courts were shut due to a valedictory for the immediate past CJ, Justice Ibrahim Auta. To the group, it could have been held on a weekend.

    “A valedictory ceremony can be held on a day that does not disturb normal sittings of courts,” A2Justice said in a statement by its Deputy Director Dr. Adenike Aiyedun.

    The group said heads of courts must ensure that no judge fails to sit for reason of attending a social function, a conference or a retreat, which could be done during the long vacation or on a weekend.

    “Ensure that the adjudicative responsibilities of judges to sit in court punctually and regularly are not adversely affected by their participation in conferences, retreats or workshops.

    “While we cannot be opposed to activities that strengthen the skills, knowledge and abilities of judges, we advocate that these exercises do not clash with the core judicial responsibilities of judges,” A2Justice added.

     

  • Court issues report on Lagos property takeover

    Court issues report on Lagos property takeover

    Head, Deputy Sheriff, High Court of Lagos, Mrs J. A. Anabor, has issued a report on the takeover of a Victoria Island property belonging to a former Head of Service in Lagos, the late Mr C. O. Bajulaiye.

    The Bajulaiye family accused the police of obstructing the cause of justice by frustrating the execution of a judgment over the property.

    The family said their late father leased the property located on 8, Agoro Odiyan Street, off Adeola Odeku Street, Victoria Island, to a company, Crown Star Limited.

    They sought to recover possession of the property and filed a suit at the Lagos Magistrates’ Court.

    On May 8, the court ordered Crown Star to give up possession of the five-bedroom detached house, two-bedroom guest chalet, and three-room boys quarters on or before last May 10, and mesne profit at the rate of N3million.

    Crown Star filed a motion seeking leave to appeal the judgment. It sought an order for stay of execution. Both were dismissed.

    In line with the judgment, the family took possession of the property based on a warrant duly authorised by the court on August 15 and executed by the court Sheriff.

    However, hours after taking possession, a group of armed policemen from the state Criminal Investigation Department (SCID) Panti stormed the property and arrested five security guards placed on duty by the family.

    The police also warned the family not to interfere with possessory rights of Crown Star, warning that the family’s representatives would be arrested and prosecuted should they do so.

    Crown Star was allegedly allowed to remain on the property, with the aid of the police.

    The police allegedly claimed that the family’s possession of the property was unlawful for the failure of the Sheriff to be accompanied by policemen to execute possession.

    The Deputy Commissioner of Police in Lagos, Bolaji Salami, reportedly claimed that it was the SCID’s prerogative to investigate the lawfulness of the execution of the warrant.

    But, the report by the Deputy Sheriff states that the warrant of possession issued against Crown Star “is legal” and that “valid steps were taken” before the possession was executed.

    Anabor, in the report addressed to the Chief Judge, said a certified true copy of the ruling dated August 14 and the enrolled order were obtained.

    Afterwards, the case file was forwarded to the Records Section, from where it was sent to the Assistant Chief Registrar, Litigation for necessary action, she said.

    Anabor added that a Recovery of Premises Form IV, which is the warrant for possession, was duly completed and endorsed, as well as the Judgment Form 41 (Notice of Attachment).

    “Form showing that that there is no pending application in the matter was endorsed. There was request for police assistance to stem any violence that may arise in the course of executing the warrant,” she said.

    According to the Head, Deputy Sheriff, the court’s ruling remains in force.

    “The enforcement of the ruling of court dated August 14 remains valid and subsisting until set aside by a competent court.

    “Crown Star Limited cannot use the fact that it served the department a temporary application to, amongst others, stay execution as a substitute for obtaining the judgment, which the trial court denied it,” Anabor added.

    Crown Star, in its defence to the suit, is claiming multi-million naira compensation for renovations it claimed to have done on the property.

    “It is the defendant’s case that it is still entitled to a renewal of the lease even after the expiration of the 15 years under the agreement in view of the massive improvements undertaken by them,” Crown Star said.

  • Wanted: Correctional centres for juvenile suspects

    Wanted: Correctional centres for juvenile suspects

    Miss Janet Gbam is a graduate of the Benue State University. She was called to Bar two years ago. She volunteered for the Gender Advocacy for Justice Initiative (GAJI), and interned at the Brooklyn Defenders Services (BDS) in New York. She also attended a programme at Rutgers, The State University, New Jersey, United States. Gbam was among 100 Nigerians at this year’s Mandela Washington Fellowship. She shares her experience and dreams with JOSEPH JIBUEZE.

    What will you like to change about the legal profession/judiciary if you had the power?

    If I had the power, lawyers will stop wearing wig and gown, especially when it’s hot. Delays during trial are one of the things I would love to change in the Nigerian legal system. Cases take longer than expected due to unnecessary adjournments.

    One of the ills plaguing the administration of justice in Nigeria is the unavailability of juvenile courts/correctional centres. I was in the court when a lawyer asked that a minor be taken to a juvenile correctional centre. To my dismay, the judge asked the lawyer to please refer one and she would gladly send him there. This situation has led to so many young persons, who ordinarily should be rehabilitated, going to prison with hardened criminals. A lot of these young persons go to prison as children and come out as hardened criminals.

    You always tour the country. Why?

    My work covers two major areas: mentorship/rehabilitation and pro bono legal services. Through this initiative I am part of efforts at securing the release, rehabilitation and reintegration of detainees into society. I offer free legal services to under- privileged persons, focusing on women and teens. My work covers customary and criminal litigation. I also run a mentorship programme called Just Us Teens, a project that mentors teenage orphans. Being an orphan, I know the impact mentorship has played in my development and I intensify efforts at developing these teens through leadership training and empowering them with life skills. These services serve as a deterrent/alternative to crime, reducing the poverty gap, helping them achieve their dreams and effectively plan their lives. The ultimate goal is to permanently break the cycle of poverty and crime. I have seen the impact the mentorship session has on these young persons. Whenever I interact with young persons in prisons, the need to intensify efforts in the mentorship programme is reinforced.

    How do you raise funds?

    I have a job. I also get financial support from my boss and the firm where I work. I have also been fortunate to meet people who see what I do and just help. I make a post about what I plan to do and people just respond. When I have an event, most times, I just go around and solicit for venue, food, drinks, etc, and they give us. Most of the seminars I organise are free. For the cases, when they get too expensive, I ask clients to pay the filing fees. I also produce reusable sanitary pads in my free time. But, sincerely, social media and the network of people I have around me have made all of this possible.

    You were among Nigerians at this year’s Mandela Washington Fellowship in the United States. What was the experience like?

    The Mandela Washington Fellowship was an opportunity for me to see firsthand how democracy is run. I also experienced the power of a system that works. Truth is I learnt so much about the history of Africa than I ever have. Understanding the American legal and prison systems helped me appreciate a working legal system. The highlight of the fellowship was the interactions and network that I had and built with fellows from so many countries within sub Saharan Africa.

    How have you been empowered by the programme?

    I have been spurred to do more, inspired to look beyond current circumstances, facing my work with passion, zeal and doggedness and above all working on developing a sustainable structure for the work I do.

    How do you intend to apply what you learned?

    I consider it an avenue to be inspired and spurred to give the very best to my community and transfer the standard and practice to my work through mentorship and partnership. I hope to inspire young people and inspire more people to take actions in confronting situations in their communities against all odds. I hope that from my story a lot of people will be inspired to look beyond their circumstances and inspire hope for a better Nigeria.

    What has been your most memorable experience as a lawyer?

    It was when I won my first case. Prior to the decision of the learned trial judge, I was anxious and restless. Finally, the verdict was passed in favour of my client. The fact that I was a new wig assured me that I was on the path to becoming a great defence attorney.

    What was your first day in court like?

    I attended court for the first time with my principal Mr. Innocent Adams Ovbagbedia. The fact that he is a great lawyer of more than 30 years post-call gave me the confidence to walk in to the court with little fear. I remember how happy I was when he introduced me as his colleague and I had to stand and bow in reverence to the court; the joy I felt was more than I could contain. I smiled genuinely with just the right touch of shyness trying to hide the fact that it was my first day in court. Even though my shiny new wig gave me out, I felt a sense of achievement considering months of previously waiting for the Bar Part Two examinations.

    What has been your most challenging case?

    Each case presents its peculiar challenges and experience. But the successful defense of three persons charged on a five-count of conspiracy and stealing was my most challenging case. I took over the case on pro-bono basis from a colleague who declined. At this time, the prosecution was almost closing its case. It was really significant to me as I was a new wig and the case was my very first criminal case. I was able to defend them and they were discharged and acquitted. The major challenge I had was the absence of financial resources required to defend the case. The ultimate gratification came when we eventually won. The fulfillment I derived from the case has been pivotal in advancing my career

    What other challenges do young lawyers face?

    Mentorship and the inability to delay gratification. I learnt something very early from one of my mentors. She would always tell me: ‘Janet, as a lawyer, never expect another lawyer to pay you. Lawyers make money from clients.’ I was disappointed but I always looked for opportunities to learn from other lawyers. The goal is to get clients they (senior colleagues) will only imagine. As a young lawyer, you either are ready to learn where you will be paid very little or you get a good paying job in an establishment that is not a law office. The most important thing is to learn.

    Who do you look up to in the profession (your mentors)?

    The first is Chief Gani Fawehinmi of blessed memory, the father of pro bono legal practice in Nigeria. Another person is Mr. Innocent Adams Ovbagbedia, a meticulous, skilled and experienced lawyer. I learnt from the master. Notwithstanding his experience and expertise, he has provided a comfortable place for me to learn the law.

    Why did you choose law? 

    I found my purpose in service at a very young age. Right from primary school, I knew I was going to be a lawyer. I was always controversial and daring.

    What would you have been if not a lawyer?

    A chef, operating a centre where people can walk in and eat for free.

    Where do you see yourself in 10 years?

    I want to be known as the defender of the people. I am looking to expanding my work in the pro bono legal services initiative by enabling access to justice for a larger population of less-privileged persons.

  • Lalong to collaborate with Fed Govt, private sector

    Plateau State Governor, Simon Bako Lalong, has pledged the state’s readiness to collaborate with the Federal Government and private sector to complete reforms in the power sector.

    Lalong said this would improve the social wellbeing of residents of the state, and boost economic activities, including small and medium scale manufacturing, processing and retail.

    The governor, who spoke during council meeting in Jos, noted that the availability of electric power is sine qua non to any meaningful industrial development.

    “About three months ago, our indefatigable Vice President, Prof. Yemi Osinbajo, was in Jos to open the Micro, Small and Medium Enterprises (MSMEs) clinic and one of the fundamental factors identified for the success of these enterprises is the availability of regular power supply.

    “A key policy thrust of our administration is infrastructural development, of which power supply is chief. My Commissioner for Water Resources and Energy delights in always saying to us that ‘energy makes things happen.’

    “Thus, the Plateau State Government is fully committed to working with the Federal Government and private sector investors in completing the reforms in the power sector that will lead us towards realising increased and stable power supply to our citizens in the urban and rural areas.

    “This will not only improve their social wellbeing, but will also enable them to engage in meaningful economic activities, such as small and medium scale manufacturing, processing and retail.

    “As a state, we are currently focused on maximising our economic potential in agriculture, solid minerals and tourism.

    “Good power supply will enable investors to add value to agricultural products from the farms, process the minerals from the mines, and also improve services at hospitality and tourism facilities.

  • ‘My office doesn’t settle commercial disputes’

    ‘My office doesn’t settle commercial disputes’

    Lagos State Attorney-General, Mr Adeniji Kazeem, has warned that he would not allow his office to be used to settle commercial disputes.

    He spoke at the public presentation of a manual developed for ‘Plea and Sentence Bargaining’ as part of efforts to speed up criminal justice administration and decongestion of prisons in the state.

    “It is important to reiterate that my office understands and indeed is constantly mindful of the unbargainable need to exercise its discretionary powers to prosecute, not to persecute, take over or discontinue criminal cases within its jurisdiction as entrenched in the Constitution of the Federal Republic of Nigeria 1999 (as amended) with a great sense of responsibility devoid of any bias, prejudice, fear or favour.

    “Therefore, prosecutorial powers of this office will not be used as a platform for settling commercial disputes, family quarrels or land tussles and we will not be pressurised to act in the interest of one party against the interest of another party or any party where no criminal offence has been committed.

    “To do otherwise would be against the constitutional responsibilities of my office. Therefore we are fully committed to the tenets of justice and our prosecutors discharge their duties with professionalism while operating within the parameters of clearly defined and transparent prosecution policy guidelines,” he said.

    The Commissioner for Justice reiterated that his office was committed to ensuring speedy and fair dispensation of justice.

    He said his commitment to speedy dispensation of justice involves providing a secure environment for commercial and other economic activities to thrive.

    “We will not hesitate to prosecute defendants who have been found to have committed commercial or financial related offences which are contrary to offences created by statute”.

    He said the plea and sentence bargaining manual, the first if its kind in the country, “provides practical information about what plea bargain entails, the procedure for applying and general information that would make the process less complicated for all stakeholders”.

    According to him, Section 75 of the Administration of Criminal Justice Law of Lagos State, 2015 empowers his office to consider and accept plea bargain proposals from and on behalf of a defendant.

    Although plea bargaining is not new to criminal justice system of the state, Kazeem lamented that its applicability has been poorly utilised by lawyers more than a decade after it came into being.

    “Given that the length of time awaiting trial inmates and detainees remain in prison custody is mainly dependent on the length of court proceedings, it is important as stakeholders to embrace creative provisions in our law to decongest the prisons. It is against this backdrop that the plea bargain protocol and manual was designed,” he stressed.

    He pointed out that in many jurisdictions, plea bargaining has served as an important tool for keeping the wheels of justice moving.

    The Attorney-General  said: “Private counsel should imbibe the culture of advising their clients appropriately especially in the face of overwhelming evidence rather than the usual practice of encouraging them to plead ‘not guilty’.

    To prove effectiveness of plea bargaining, he said between last January and now, the Directorate of Public Prosecutions (DPP) filed 1,086 cases in the High Court and 56 charges in the Magistrates Court.

    According to him, the volume of criminal cases underscores the need for exploration of alternative methods of resolving criminal cases without going through full trial.

    “To ensure maximum transparency and objectivity in the bargaining process, a Plea Bargain Committee was set up last April to consider/review cases in which proposals for plea bargain were made to my office and to make appropriate recommendations on them.

    “The committee has considered 14 cases so far and the plea bargain process has been successfully concluded in the cases,” he said.

    He listed the offences in which plea bargaining was considered to include conspiracy and murder, armed robbery, robbery, manslaughter, causing death by dangerous driving and forgery.

    He said he was mindful of the fact that the law places the burden on the prosecution to prove its case beyond reasonable doubt, noting that the defence has a pivotal role to play in the scheme of things.

    Towards this end, he said all proposals for plea bargaining will be considered by the review committee.

    The High Court of Lagos State Acting Chief Registrar, Mrs Abiola Soladoye, said she believed in prison decongestion and plea bargaining.

    She said the courts, particularly at the magistracy level, would collaborate with the government to ensure the manual’s success.

    Deputy Commissioner of Police (DCP) Bolaji Salami and Lagos  State Controller of Prisons Tunde Ladipo  promised to collaborate with the government to ensure the manual’s successful implementation.

  • Intersections of human rights and business

    Intersections of human rights and business

    Text of a paper delivered by Prof A. D. Badaiki at the African Bar Association (AFBA) yearly conference in Port Harcourt, the Rivers State capital.

    •Continued from September 19

    ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the Declaration on Fundamental Principles and Rights at Work

    Both the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the Declaration on Fundamental Principles and Rights at Work set forth standards for corporations, other business enterprises, their officers and persons working for them. The ILO Declaration on Fundamental Principles and Rights at Work was adopted in 1998. It restates the four fundamental ILO principles concerning (a) freedom of association and collective bargaining, (b) forced or compulsory labour, (c) child labour and (d) workplace discrimination. The Declaration requests that all parties should reaffirm these principles and promote their application in light of the “urgent” situation of growing economic interdependence. It also refers to the need to give special attention to the unemployed and migrants of whom amongst the latter category women comprise the largest segment, especially as States often do not include migrant workers in their labour standards.

    OECD Guidelines for Multinational Enterprises 2000

    OECD guidelines for Multinational Enterprises 2000 (OECD guidelines) are joint recommendations by the OECD[16] to multinational enterprises operating in or from their territories for observance in view of the need of the adhering governments to maintain public order, to protect their essential security interests and to fulfill commitments relating to international peace and security. The OECD Guidelines provide voluntary principles and standards for responsible business conduct consistent with applicable laws and government policies. This is against the background that governments have the right to prescribe the conditions under which multinational enterprises operate within their jurisdiction, subject to international law. In relation to human rights, the OECD Guidelines state that enterprises should respect the human rights of those affected by their activities consistent with the host governments’ international obligations and commitments.

    It is commendable that many enterprises have responded to these public concerns by developing internal programmes, guidance and management systems that underpin their commitment to good corporate citizenship, good practices and good business and employee conduct. Observance of the OECD guidelines are, nevertheless, voluntary and not legally enforceable. Moreover, membership of OECD excludes all African countries.

     UN Guiding Principles for Business and Human Rights

    The most pervasive and useful rules, though also soft laws and not hard laws, on the responsibility of business enterprises to uphold human rights norms are enshrined in the Guiding Principles for Business and Human Rights 2011. These rules were endorsed on 11th June, 2011 by the United Nations Human Rights Council. These became a new set of extant guiding principles setting a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. It is an update of the OECD Guidelines for Multinational Enterprises. Prior to the adoption of the UN Guiding Principles for Business and Human Rights, a Sub-Commission of the UN Commission on Human Rights, in 2004, unsuccessfully attempted to get approval for the “UN Norms on the Responsibility of Transnational Corporations and Other Businesses with regard to Human Rights”[17].

    By the UN Guiding Principles for Business and Human Rights, three types of obligations were endorsed and developed: Duty to protect, duty to respect and duty to remedy.

    (i)       The state Duty to Protect Human Rights: This requires that states have the duty under international human rights law to protect everyone within their territories and/or jurisdictions from human rights abuses committed by business enterprises. The obligation means that States must take appropriate steps to have effective laws, regulations and policies to prevent, investigate and punish/redress business-related human rights abuses, and ensure access to effective remedy for those whose rights have been abused. Policies are required to be coherent. States must also create a regulatory environment that facilitates business respect for human rights. The laws and policies must support an appropriate adjudicatory system for the purpose of getting redress[18]. The Guiding Principles recommend that States set clear expectations that companies domiciled in their territories/jurisdictions respect human rights in every country and context in which they operate. It is further stipulated that States (home or host) should provide guidance, assistance and enforcement mechanism to ensure that business enterprises are not involved with abuses in conflict affected areas.

    (ii)  The Corporate Duty to Respect Human Rights: Business enterprises should respect human rights. The obligation entails obligations not to interfere with the enjoyment of human rights. The responsibility to respect applies to all internationally recognised human rights expressed in the International Bill of Human Rights and the International Labour Organisation Declaration on Fundamental Principles and Rights at Work.

    Guideline 11 of part two (II) states that this means that business enterprises should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. Business enterprises have the responsibility to respect human rights wherever they operate and whatever their size, sector or industry, structures, responsibility, ownership and operational context. This responsibility means that companies must know their actual or potential impacts, prevent and mitigate abuses, and address adverse impacts with which they are involved. Companies must therefore know and show that they respect human rights in all their operations. They are required to carry out human rights due diligence.

    Furthermore, it is clarified under the Guidelines that the corporate responsibility to respect human rights exists independently of States’ ability or willingness to fulfill their duty to protect human rights. Importantly, no matter the context, States and business retain these distinct but complementary responsibilities[19].

    To meet the responsibility to respect, business enterprises must have the necessary policies and processes in place. Three components of this responsibility are stipulated by the Guiding Principles. First, companies must institute a policy commitment to meet the responsibility to respect human rights. Second, they must undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts. Human rights due diligence should include assessments of internal procedures and systems, as well as external engagement with groups potentially affected by its operations. Human rights diligence refers to the process of identifying and addressing the human rights impacts of a business enterprise across its operations and products, and throughout its supplier and business partner networks. It is provided that companies should integrate the findings of the human rights due diligence processes into policies and procedures at the appropriate level, with resources and authority assigned. Companies should verify that this objective is achieved by constantly monitoring and evaluating their efforts. Companies should also communicate how they address human rights impact, including to those groups most likely to be affected. Third, companies must have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Where businesses identify that they have caused or contributed to adverse impacts, they should co-operate in remediation through legitimate processes.

    (iii)  Duty to Provide Access to Remedy: This is a duty on the state as well as business enterprises. The tenet of this duty is consistent with a fundamental human rights system that when a right is violated, victims must have access to an effective remedy[20]. It is also an aspect of the State obligation to protect business-related human rights. The State duty to provide access to effective remedy entails the State taking some measures and refraining from taking some measures. The duty requires the State to take appropriate steps to ensure that State-based domestic judicial mechanisms effectively address business-related human rights abuses. It also requires the state to provide effective and appropriate non-judicial grievance mechanisms with the capacity to hear and adjudicate business-related human rights complaints. On the other hand, there is a responsibility on the part of the State not to erect barriers such as administrative fees or lack of language interpreters that prevent victims from presenting their cases.

    As regards business enterprises, the Guiding Principles stipulate that business enterprises should provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the company’s operations. A list of effectiveness criteria for State-based or company-based non-judicial grievance mechanisms. These are that grievance mechanisms should be legitimate, accessible, predictable, equitable and rights-compatible. Such criteria should provide genuine remedies for victims of human rights violations by companies and must not be mere communications or political exercises. It is required that operational – level mechanisms should be based on engagement and dialogue with the stakeholder groups whose rights they seek to remedy.

    The Guiding Principles further stipulate that multi stakeholder and other collaborative initiatives based on human rights – related standards can also contribute to providing effective access to remedy.

    Implementation of the Guiding Principles: For purposes of implementation of the Guiding Principles, there is a five-man U.N. Working Group on Business and Human Rights. They are experts and with a three-year term. Aside from discussing trends and challenges in the implementation of the Guiding Principles, the Group also promote dialogue, co-operation and sharing of good practices.

    (b)   Regional Instruments

    Relevant laws and institutions on human rights exist at African regional level. These are in the form of Treaties, Protocols, Declarations, Resolutions, policies and programmes establishing supranational laws and institutions in Africa as a whole or sectionally. They include the following:

    AU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) which entered into force in 1974.

    African Charter on Human and Peoples Rights (1981) which entered into force in 1984.

    African Charter on the Rights and Welfare of the Child (1990) which entered into force in 1999.

    Treaty Establishing the African Economic Community (1991) which entered into force in 1994.

    Protocol to the African Charter on Human and Peoples Rights on the Establishment of an African Court on Human and Peoples Rights (1998) which entered into force in 2004.

    OAU Convention on the Prevention and Combating of Terrorism (1999) which entered into force in 2002.

    Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (2003) which entered into force in 2005; and

    Protocol of the Court of Justice of the African-Union (2003).

    There are also several institutions for the enforcement of human rights at regional levels in Africa. At least over ten supranational organisations in Africa have provisions in their Treaties/Protocols for the establishment of some form of regional courts[21]. Consequently, the following regional courts, among others, exist:

    African Union Court of Justice, AUCJ located at East Africa (unspecified yet).

    African Court on Human and Peoples Rights, ACHPR operating from Arusha, Tanzania (which is now being proposed to be merged with the AUCJ).

    Ecowas Community Court of Justice, ECOWAS OCJ located at Abuja, Nigeria.

    Arab Maghreb Union Instance Justiciare, AMUIJ located at Nouakchott, Mauritania.

    HADA CCIA located at Abidjan, Ivory Coast.

    West Africa Economic and Monetary Union Community Court of Justice WAEMU CCJ located at Ouagadougou, Bokina Faso.

    East African Community Court of Justice, EAC CJ located at Arusha, Tanzania.

    Southern African Development Tribunal, SADC Tribunal located at Windhoek, Namibia.

    Common Market for Eastern and Southern Africa Community Court of Justice COMESA CCJ located at Khartoum, Sudan.

    CEMAC CCJ located at N’Djamena, Chad etc.

    (c)       Domestic/National Instruments

    The UDHR and the European Convention for the Protection of Fundamental Rights and Freedoms influenced many countries to include international human rights norms in their Constitutions and some other statutes. Throughout Africa there are various provisions on human rights in the respective constitutions, statutes and regulations as well as application of several treaties and protocols of supranational organisations. In Nigeria, for instance, chapter four of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides for fundamental human rights. There is also the Human Rights Commission Act[22] which enabled the establishment of National Human Rights Commission. For purposes of enforcement, the relevant rules are enshrined in the Fundamental Rights (Enforcement Procedure) Rules, 2009. Under the Constitution the High Court is vested with the jurisdiction to determine human rights cases. South Africa took a step forward in the establishment of human rights promotion institutions especially the Constitutional Court and the Truth and Reconciliation Commission.

     A critique

    The usefulness of the UN Guiding Principles for Business and Human Rights is that, notwithstanding that they constitute soft laws, the principles prescribed for business enterprises are tantamount to prompting and can prompt business enterprises to human rights friendly business environment. This is not to undermine the avalanche of human rights violations by corporations in respect of such rights as rights at work, right to clean environment, right to freedom of association, right to health, right to life and right to development. These are exacerbated by poverty and capability deprivation to access to justice engendered by poverty, ignorance, cultural impediments, political factors, corruption and lack of enabling environment for the enjoyment of human rights.

    In encouraging foreign investments, the actions of government often affect positively or negatively the environmental and human rights standards such as freedom of association and freedom of speech to attract investment. This “race – to – the bottom” practice prevails in the context of Economic Processing Zones (EPZ). The argument for this practice may not be convincing as it encourages violations of human rights, by business enterprises where adequate complimentary policies are non existent.

    The action of investors can affect the enjoyment of human rights depending on how investors and government manage investment together. The cases of the Ogoni people in Rivers State of Nigeria under the ACHPR, and Myanmar are germane.

    In view of the emphasis on state responsibility to establish and observe human rights by international human rights instruments, there are sometimes some obnoxious assumptions. The first assumption is that non-state actors as corporations can violate human rights and are not bound and capable of enforcing human rights. The second assumption is that thrusting the State with the responsibility to respect human rights cannot guarantee an effective enforcement in a globalised world. As regards the first assumption, international human rights instruments recognise specific human rights, for example, slavery and forced labour that can be violated by non-state actors. In addition, the Universal Declaration of Human Rights[23] imposes a duty on every individual and organ of society to secure the universal recognition and observance of these rights[24]. The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (“the Maastricht Guidelines”) stipulate that “entities insufficiently regulated by States” are capable of violating economic, social and cultural rights”.

    •To be continued next week

  • Group trains lawyers in oral advocacy

    A Non-Governmental Organi-sation (NGO), Conference for Western Attorneys-General (CWAG), in conjunction with the African Alliance Partnership (APP),  has held a training to enhance lawyers’ capacity in oral advocacy.

    CWAG coordinator Ebele-chukwu Enedah  said the training was a forum for cross fertilisation of ideas among legal practitioners from different parts of the world and would impact positively on justice delivery in Nigeria.

    “The training is aimed at preparing our lawyers for oral advocacy. This is very important because businesses have gone trans-border; we are no longer contained in Nigeria so we cannot say we are only in Nigeria,” she said.

    Assistant Attorney-General, office of the Attorney-General of Arizona State, United States of America, Scott Blake, who gave a lecture on “Objections”, commended the organisers of the workshop, noting that it has afforded him opportunity to see how things are done in Nigeria.

    He expressed confidence that after the training there would be a definite difference in the way participants prepare for and handle their trials, adding that this would impact positively on justice delivery in Nigeria.

    Participants, on their part, said the workshop would help in tackling the issue of undue delay in justice delivery.

    “There are a lot of things we have learnt here that have not been in full practice in the country before and we hope to translate them in the speedy dispensation of justice.

    “We have seen the method of dispensation of justice, particularly criminal justice in the US, their method is very fast and much more effective, so with the training we have acquired here we hope to translate it into assisting the court and all ministers in the temple of justice,” said Abdullahi Yakubu from the Zaria branch of the Nigerian Bar Association.

    The training covered areas such as preparation for trials, presentation of evidence, direct and cross examination, general overview of trial amongst others.

  • ‘Lawyers should be notified when a judge won’t sit’

    ‘Lawyers should be notified when a judge won’t sit’

    Miss Chizotam Akwiwu studied law at the University of Lagos (UNILAG). An associate at the Alliance Law firm, she recalls how accompanying her mother, a lawyer, to court influenced her decision to join the profession. She also tells JOSEPH JIBUEZE that being the grand-daughter of a Senior Advocate of Nigeria (SAN), the late Chief Emmanuel Akwiwu, made her career choice easy.

    Matlock is an American television legal drama, starring Andy Griffith in the title role of criminal defence attorney Ben Matlock.

    Count on Matlock to visit the crime scene, scope out the clues everyone else missed, and dramatically reveal the real criminal (usually a killer) during a climactic trial sequence.

    As a kid, Miss Chizotam Akwiwu wanted to be like Matlock when she grew up.

    Speaking on her early influences on her road to the legal profession, she said: “I grew up watching a lot of shows on crime, investigation and prosecution. I wanted to be like Matlock! Hence, my first interest in law was criminal law.”

    Why did she switch to commercial law? “With time, I realised that litigation, especially criminal litigation in Nigeria, left so much to be desired. So, my interest shifted to corporate and commercial law,” she said.

    Akwiwu was awarded the Chief Ernest Shonekan prize for the third best overall student in property law when she was called to the Bar.

    She recalls her first day in court. “Before being called to the Bar, I had often gone to court with my mum, especially the Federal High Court, Ikoyi and the High Court Igbosere. So, I was familiar with the court environment.

    “The first time I appeared in court as a lawyer was with the Managing Partner at my firm Uche Val Obi (SAN) and two other lawyers. I was just there to observe proceedings.

    “However, my first solo appearance was before Justice Sonnaike of the High Court Annex at TBS. I was sent to give an update on the on-going mediation between the parties. As simple as that seemed, I was so nervous!’’

    What has been her most challenging case? “I have not encountered any challenging case yet. I see each case as an opportunity to learn and improve myself.”

    Akwiwu said the snail pace of justice administration remains a source frustration for every lawyer.

    “From my little experience so far, I’d say that a major challenge is the long and frustrating process of litigation. I was once in court for a matter only to be informed that the judge had travelled and would not be sitting.

    “This happens a lot when despite counsel leaving their contact information on processes they have to come all the way to court only to be informed that court would not be sitting.

    “This, in my opinion, can affect productivity levels and discourage a young lawyer from pursuing litigation wholeheartedly,” she said.

    Had she the power, she would decisively address the causes of delays and tedious bureaucracy that impede the court system and litigation process.

    “You see cases that commenced in the 1990s/early 2000s still not yet concluded! This is especially in land disputes, and the original parties might even be dead in the course of the ongoing litigation.

    “I’d also like to improve the amount of attention given to the welfare of lawyers by their law firms,” she said.

    Akwiwu had a good grounding as a law student. She had access to her mother’s law books, as well as her grandfather’s library. Being the granddaughter of a Senior Advocate of Nigeria (SAN) has its benefits.

    How much of an influence were they? She said: “Just by following my mum to court, observing her dedication to improving the profession in her own little way and her diligence really influenced my choice to study law. It’s truly an honour to call her my mother and learned friend.

    “My parents (especially my mum) did not force me to study law. When they saw my interest they simply encouraged it. They made sure I got internship experiences and had access to all materials I needed.

    “I was also influenced by my grandfather, the late Chief Emmanuel Akwiwu (SAN) and my god-mother/aunt Adaku Akwiwu to read law. I come from a family of many lawyers so it’s almost no surprise!”

    Who are her role models?  “I look up to quite a number of people in the profession, such as my mum (Mrs. Anne Akwiwu) for her work as Deputy Director in the Ministry of Justice and Liaison Officer at the ministry’s Lagos Liaison Office in Marina.

    “Also, my boss Uche Val Obi (SAN) for his immense contribution to both dispute resolution and the corporate and commercial sphere, and Adaku Ufere, Energy Practice Leader at Centurion Law Group, who is a young lawyer making such admirable contributions to Energy Law.”

    What would Akwiwu likely have been if not a lawyer? “I would have been an accountant,” she said. “This is another reason I have decided to specialise in corporate and commercial Law because of the elements of accounting and finance.”

    And where does she see herself in 10 years? “I honestly cannot give a specific answer to this because I am still trying to discover my niche.

    “I intend to specialise in an area of law and master my art. One thing I can say is that by the grace of God, wherever I am in 10 years, I will be a force to be reckoned with.

    “I also see myself contributing to the development of the profession. In line with that objective, I contribute to Lawyard.ng, an online platform for content around relevant systems of law.”

     

  • ‘Many Nigerians don’t know bail is free’

    ‘Many Nigerians don’t know bail is free’

    Miss Eyewuene Murphy-Akpieyi is a law graduate of the University of Lagos (UNILAG). She recalls how much her mum, a two-time election petition tribunal judge,  influenced her decision to study law. She also tells JOSEPH JIBUEZE about her NGO, which focuses on educating the public on their rights.

    For every young lawyer, a first appearance before a judge is always a source of anxiety. It was no different for Miss Eyewuene Murphy-Akpieyi.

    Despite growing up and observing her mum practising law, and even accompanying her to court, she still felt a bit jittery.

    She was supposed to be led by a senior, but for some reason, the counsel did not turn up. When the case was called, Murphy-Akpieyi had to speak.

    She recalls the moment: “As a new wig, I appeared first before Justice Abdulazeez Anka of the Federal High Court in Lagos. I was to appear with a lawyer from the Ministry of Defence. But I was left a bit nervous when the counsel didn’t come to court and I had to handle the case alone. It was a bit nerve-racking.”

    Murphy-Akpieyi said her mum, who was a former company secretary with an airline, was one of her role models and influenced her decision to study law.

    “My mum started as a company lawyer at an airline and rose to the position of Company Secretary/Legal Adviser. She later left for full-time legal practice.

    “When I was younger, I followed her to court, especially the High Court, Ikeja. So, from an early stage, I knew how courts functioned and looked like. I knew court processes, filing etc.

    “So, when I got to university, things that intrigued my peers didn’t surprise because I was used to it.”

    From her observations, litigation is one of the most tasking aspects of being a lawyer.

    “I grew up knowing litigation isn’t so rosy. It’s a bit stressful. I also knew how company lawyers function from her days as company secretary,” she said.

    Murphy-Akpieyi also learnt from observing her mum serve as an election petition tribunal judge on temporary basis.

    “My mum served as an election petition tribunal judge twice in Delta State, which was very exciting for the family. That also widened my exposure to the various areas of law and what you can do with an LL.B,” she said.

    On how she ended up studying law, she said the profession found her.

    “I didn’t choose it, it found me. I wanted to study law and economics or finance, but double degrees aren’t possible in Nigeria so I chose law. I still intend to qualify as an accountant,” she said.

    Murphy-Akpieyi is behind the Legal Awareness Nigeria (LAN), a not for profit group focused on rights education.

    According to her, the NGO teaches vulnerable communities about their legal rights.

    “A lot of people don’t even know that bail is free but pay police for bail. We just started and we have big dreams. It’s amazing how a lot of Nigerians are legal illiterates; it’s only if they are in trouble that many bother to know about the law.

    “But we don’t deal with rich people; we concern ourselves with vulnerable people, who have little or no access to the justice system.

    “We want to create a system whereby we train young people on the legal angle to the social issues facing them and at the same time train paralegals in communities who would stand as lawyers or legally informed people to help the communities in different ways.

    “We also do a bit of community outreach and development and we have been working with the Takwa bay and Makoko communities,” she said.

    If she were not a lawyer, Murphy-Akpieyi said she would have ended up as a business strategist/consultant, a movie producer/writer or diplomat.

    Her dream is to a judge at a federal court or international court and that is where she sees herself in the next decade.

    Before then, she must surmount the challenges young lawyers face.

    “One major challenge young lawyers face is access to good firms to learn and grow after law school. A lot of people would argue and say there are lots of firms, but how many of them have well experienced seniors to help the juniors grow? Or how many of them have good briefs?” she said.

    Murphy-Akpieyi would like to see an end to factors which contribute to delays in justice delivery.

    “If I had the power, I’d end the unnecessary court bureaucracy that just wastes time. I went to the Federal High Court to do a search and obtain certified true copy of some documents. It took almost one hour for the person in charge to simply sign.

    “Also, if I could, I would make law a second degree like it is done in America. This way, people can ensure that studying law is really what they want to do and can have a backup degree in case along the line they fall out of interest,” she said.

    Who are her mentors? “I don’t have mentors. But I admire people like Prof. Akin Oyebode for his work in the area of public international law and Prof Bankole Sodipo for his work and expertise in intellectual property.

    “I am looking to specialise in an area of law and be known in that field; I think that’s one thing missing in our jurisdiction. We don’t have a lot of experts in specialised fields of law,” she said.

    Murphy-Akpieyi, an alumni of the YALI Regional Leadership Centre,  spoke on what drives her.

    “My passion is driven by the urge and need to improve things because things can improve.  I’m trying to live the purpose God sent me to achieve on earth.

    “God is justice himself, and I want to use my legal background to ensure we all have access to justice somehow.”