The Nation Newspaper

Category: Law

NBA section, others honour late SAN with play

Members of the Nigerian Bar Association Section on Business Law (NBA-SBL) converged on the MUSON Centre in Lagos to see the play: Just an Ordinary Lawyer.

It was written and performed by multi-award winning actor/playwright, Tayo Aluko.

The play was performed in honour of Aluko’s elder brother, the late Bankole Olumide Aluko (SAN), who was not an ordinary lawyer.

The late Aluko was the co-founder of one of nation’s biggest commercial law firms, Aluko & Oyebode, which sponsored the show.

The play is about Tunji Sowande, who left Nigeria to study law in Britain and who in 1968, became the first black head of a major barrister’s chambers. It was a fascinating show that interweaves politics, music and Sowande’s abiding passion – cricket.

Aluko seizes on the fact that 1968 was a turning point in Sowande’s legal career to bring together the themes that animated the show.

The audience, which included former NBA President Olisa Agbakoba (SAN), was reminded of that year’s internal conflicts in Africa, which were part of the imperialist legacy of the assassinations of Martin Luther King and Robert Kennedy and of the black power salute by two African-American athletes at the Mexico City Olympics.

SBL Chairman Mr Olumide Akpata explained why the section partnered the producers.

“We’re about the well rounded development of the lawyer. So, it’s not only about work, but also about recreation, one that is very educative.

“This play is about the life of an exceptional Nigerian lawyer, Mr Sowande. We’re looking at our young lawyers and we’re thinking we must show them role models, who will inspire them. And definitely this is an inspiring story,” he said.

Apata described the play as exceptional, adding that Aluko pulled it off brilliantly. “It was a worthy honour to the late SAN,” he said.

Aluko told newsmen after the performance about how he abandoned architecture for acting. His other one-man play, Call Mr Robeson, won the coveted Fringe Review Outstanding Theatre Award at the Brighton Festival Fringe in June 2016.

“I always sang and acted as an amateur when I was in primary school, Kings College and university in England. I knew I wouldn’t want to do it professionally even though I was good at it. Then I stumbled on the story of Paul Robeson, an African American actor and singer.

“When I read his biography, I said ‘this is a story that has to be told’. After looking for playwrights and actors, I decided I was going to play and act it myself. When I started performing it, my architecture business was going down the drain.

“When my late father saw the play here in 2008, the following morning he said: ‘If you want to do this professionally you have my blessing’,” Aluko said.

He said it took him about 18 months to write Just an Ordinary Lawyer, spent months reading and memorizing the sections, and performed it last August for the first time. He works with a director, a stage designer, among others.

On why he dedicated the play to his late brother, he said: “My late brother was very highly respected in legal circles in Nigeria. He was a brilliant lawyer. The play is about another brilliant lawyer so it’s a good way to honour him.”

September 12, 2017
Chief Judge, Odinkalu mourn Justice Nwokedi

Chief Judge of Anambra State, Justice Peter Umeadi and former National Human Rights Commission (NHRC) Chairman Prof Chidi Odinkalu have mourned the late Justice P. K. Nwokedi.

The late Nwokedi was a Chief Judge of Anambra State. He later became a Supreme Court Justice and pioneer NHRC chairman.

The late Justice Nwokedi was one of the prominent Anambra jurists who were honoured by the State Judiciary during the sixth edition of the Anambra CJ Annual Dinner and Awards Night March 20.

He was aged 93.

Justice Umeadi said: “In the little hours of Monday, September 4, I received a massage from Mr. Uche Nwokedi (SAN) that his dad, Justice P.K. Nwokedi, passed away at Enugu the previous day.”

He described the late Nwokedi as hard working, erudite, benevolent and a mentor.

“He was a veritable prince, politician, Zikist, nationalist, jurist, former Chief Judge of Old Anambra State and Justice of the Supreme Court of Nigeria. May his sublime and gentle soul rest in peace,” the CJ said.

Odinkalu described the late Justice Nwokedi as a man of exceptional integrity.

The late jurist was born on November3, 1925 and had his elementary education at Holy Trinity School Onitsha in Anambra State.

After his secondary education at the St. Gregory’s College, Lagos , he proceeded to study law at the London School of Economics and Political Science.

He practiced law for several years before he was appointed the Chief Judge of East Central State, comprising Anambra, Enugu, Ebony, Abia and Imo states.

When Anambra State was created, he remained the Chief Judge, a position he retained after Enugu State was split from Anambra.

Besides serving at the Supreme Court, the late Justice Nwokedi was chairman, Law Reforms Commission and pioneer NHRC chairman.

Among his survivors is Mr. Uche Nwokedi (SAN).

September 12, 2017
‘Nigeria can be restructured through Constitution amendment’

Mr. Sebastine Tar Hon (SAN) is the author of a leading reference work for lawyers: S.T. Hon’s Law of Evidence (Volumes I and II). He also wrote the book: Constitutional and Migration Law in Nigeria. A constitutional lawyer, Hon speaks on how the war against corruption can be won, restructuring and the whistle blower policy. He also speaks on why he thinks Chief Judges lack powers to grant prisoners pardon. Legal Editor JOHN AUSTIN UNACHUKWU met him.

What is your appraisal of the anti-corruption war?

So far, so good, President Buhari’s government has taken unprecedented steps and actions in the fight against this monster. The Economic and Financial Crimes Commission (EFCC) too is also recovering stolen moneys, using the whistle blowers’ policy. Even before then, the EFCC had recovered large amounts of money under the plea bargain regime of the Administration of Criminal Justice Act. Let me add here quickly that Nigeria is ahead of advanced democracies, including the United States (US), the United Kingdom (UK), Canada, Australia, etc, in this regard, by legislating on plea bargaining.

Plea bargaining is practiced in those countries without a national law backing it. Let me caution that Mr. President cannot afford to fail in his anti-corruption policy, because he rode on the promise of pursuing it to power. The anti-corruption ship seemed to have taken off well some months ago, but is now being buffeted by corrosive elements in the Nigerian imaginary waters.

What is your reaction to the seeming disagreement between the anti-corruption agencies?

Corruption is really fighting back, there is no love lost among officials of the regulatory agencies. Also, some of the arrowheads of the anti-corruption struggle seem to be angry with or to be condemning everybody except themselves. This is not the way to go and if this trend continues, we will soon have a shipwreck. For instance, it is too sweeping and counter-productive for certain government officials to run down or rain tirades on the entire Judiciary and all senior lawyers and paint these classes of people as being responsible for the plummeting fortunes of the anti-corruption war.

I wonder what these officials want to achieve by this posturing, other than creating unnecessary enemies. I strongly counsel that this attitude should change; otherwise, the anti-corruption drive will be another mirage. The issue of poor funding and inadequate professional training of investigators and prosecutors are some of the other contributing factors.

Are you bothered about the loss of high profile cases?

A house divided against itself cannot stand. “House” here means the relationship between or among officers of the anti-corruption and regulatory agencies on one hand and the relationship between this ‘house’ and the two other arms of government on the other hand. For instance, if you malign the entire Judiciary and splatter its entire components with foul content, what sympathy would you expect from a Judge if, for instance, a matter is 50-50?

The government should also fund the EFCC and the Independent Corrupt Practices and other related Offences Commission (ICPC) more, because profound prosecution of offences with intent to produce results is costly. Make no mistake about this, investigation must be well funded and the prosecution lawyers must also be well paid. I have for long now been rolling out statistics to prove that the anti-corruption war has been grossly under-funded in Nigeria. Let me rehash this comparison here.

Can you give practical examples?

The population of the US is about twice more than that of Nigeria. This means Nigeria is about half of the US population. But the FBI, which is the equivalent of the EFCC, enjoys annual budgets which, on the average, are 50 times more than the annual budgets of the EFCC and the ICPC combined. The FBI has slightly over 50,000 personnel, while the EFCC and the ICPC combined have less than 5,000 members of staff, yet Nigeria is more corrupt than the US. That is why you see shoddy investigations and at times poor prosecution, resulting in acquittals, even when facts pointing to culpability are very glaring.

Nigeria’s tottering journey in the technological subsector is also responsible for this; because forensic science is one sure aid to modern day investigation and crime detection. Government should establish forensic examination centres and should also train professional forensic experts in handwriting, fingerprints, blood sampling, detection of e-signatures, recovery of deliberately deleted computer documents, e-tracking of laundered cash, etc. The anti-corruption war cannot be won through the use of orthodox, call it crude, investigative techniques.

How can the whistle blower policy be strengthened?

So far, the policy has recorded moderate success in Nigeria. The EFCC has recovered large sums of money through this policy. I support the effort being made to pass a law to regulate whistle blowing in Nigeria.

Why do you support it?

With such law, every Nigerian or person resident in Nigeria interested in blowing a whistle on financial or other crimes will know his rights, obligations and liabilities. Regulatory agencies should also not just protect the identities of whistle blowers, they should also faithfully and fully reward them as initially promised. Nigerians should also jettison tribal, religious or filial relationships and blow enough whistles that would be capable of stupefying and eventually stamping out crime, especially financial crime, from our national firmament.

There have been hate speeches, drums of secession and calls for the restructuring of the country. What is your view about these and how do you think we can resolve these challenges without recourse to violence?

It is rather unfortunate that we have reached this level once again in our stuttering national history. The catastrophic effects of the Nigerian civil war, the near-nationwide conflagration that followed the unfortunate annulment of the June 12, 1993 Presidential elections, the various ethno-religious conflicts that have consumed thousands of lives, the ongoing herders-farmers’ conflicts, the Boko Haram onslaught and several other inter and intra-communal skirmishes have almost freaked everybody out in this our dear nation.

Let nobody, especially the Federal Government, play the ostrich or show crass insensitivity or injustice on this emerging scenario or likely total breakdown of law and order. Nigeria is dangerously hanging on the cliff. I call on the President, who is the father of the nation, to rise to the occasion and take the epicenter of championing national rebirth, national reconciliation, national understanding and national brotherliness.

How can this be done?

A Truth and Reconciliation Commission, manned by detribalised Nigerians, should be constituted by the Federal Government. Yes, I don’t mind if anyone says I am copying from South Africa. I am proud to do that, because every person knows the extent to which apartheid fractionalised the South African society. And everybody also knows what role the Bishop Desmond Tutu-led Commission did to bring about national reconciliation and national unity in that country.

The immediate step before such Commission should be for the various ethno-cultural groups to lay down their arms and embrace dialogue. But as I said before, Mr. President should take the lead as done by former President Olusegun Obasanjo in 1999. I cannot forget the steps President Obasanjo took immediately he assumed office at the height of the Niger Delta agitations then. I will also be the last to forget the immediate chilling effects those steps had on the said struggles. Mr. President, please rise to the occasion as the ex-soldier and elder statesman you have for long been known.

So, what is the way out in our present context?

In our present context, Nigeria can be restructured through a massive amendment of the 1999 Constitution. A few weeks ago, my article on restructuring was published by several national dailies. I stand by the content of that write up.

The Judiciary had been generally referred to as the last hope of the common man. Can you honestly say that about Nigerian judiciary today?

The Judiciary, not just that of Nigeria, has always been the last hope of the common man. The Nigerian Judiciary, contrary to widespread public opinion, has been doing well from time immemorial. I remember and relish the 1970 declaration by the Supreme Court of Nigeria that the military government of that time was a defacto government, which came into power by sheer necessity and not by law.

I also remember various ground shaking decisions of the Nigerian Judiciary on the rapaciously fierce political disputes that go to court. Remember the decision of the Supreme Court on the Rotimi Amaechi case? No matter what anybody feels, I stand with the Supreme Court on that decision. What of the 2002 “resource control” decision of the Supreme Court? I can go on and on.

While I admit that the Nigerian Judiciary has its own problems, I don’t like the wholesale lampooning of this crucial arm of government. The Nigerian Judiciary is the weeping boy of Nigeria. Everybody, who knows how to talk or write, takes it to the cleaners, forgetting that such bashing unwittingly drives away foreign investments. I prefer that if individual Judges have credibility problems, such should be specifically addressed rather than everybody embarking on class condemnation.

So, what is your advice?

Having said that, I will counsel that each member of the Judiciary should strive as much as they could to live above board since one solitary instance of inappropriate behaviour is ascribed by Nigerians to the entire Judiciary. The National Judicial Council (NJC) too should not spare the rod on any judge, no matter how highly placed, if found wanting. But again, let me state here that as among the three arms of government, the Judiciary stands out distinctively, by doing the most in terms of in house cleansing. Countless number of Judges have been dismissed or levied other forms of punishment, as opposed to principal or subsidiary officials of the two other arms of government when everybody knows that corruption exists on a massive scale in those other arms.

Your state, Benue, recently experienced flood with many towns and homesteads washed away. What is your feeling about this and how do you think it can be avoided in future?

I feel very sad. It is, indeed, a very sad and pitiable development that over 100,000 families have been affected by the flash floods. Some have lost everything, making life meaningless. A few precious lives were also lost. Makurdi, the Benue State capital is on a very low land. The River Benue, which runs through it has remained un-dredged for years, even though successive Federal Governments had always claimed awarding its dredging contracts.

The propensity of this River overflowing its banks is very high, especially during rainy seasons. I must say that management of waterways passing through more than one state is on the Exclusive Legislative List hence, it is the sole responsibility of the Federal Government to undertake this dredging exercise.

Many people have blamed the state for the flood and for not doing enough to ameliorate its effects on the affected citizens, what is your reaction to this?

Well, I am also not mindful of the allegation by the present government that billions of naira allocated as ecological funds were siphoned by the previous government. As much as I would want to remain apolitical, this is devilish and most wicked, if true. The culpable persons, who allegedly perpetrated this heinous crime against the state, must be brought to book. How can anyone start blaming the present government of that state, which inherited a default treasury and backlog of unpaid salaries?

Let me stop here before politicians start throwing jabs at me. I call on all persons of good will and corporate organisations, especially those operating in Benue State, to come to the rescue of the hapless Benue people affected by the floods. I also appreciate the role the Federal Government has played so far to alleviate the suffering of the victims and I do hope it will make good its promises to take more permanent steps to forestall a recurrence of this.

The Supreme Court in a recent judgment described you in sterling terms. How do you savour that?

My attention was drawn to that judgment by a Justice of the Court of Appeal; and I obtained copies thereof from the Supreme Court and confirmed that. To me, there is nothing extraordinary about those comments, as many lawyers in Nigeria have received such plaudits from the apex Court before. But, I must admit that the Word of God, which says a diligent person will stand before kings was confirmed in that judgment. To God be the glory.

Recently, you and a senior lawyer, Femi Falana, have engaged in a seemingly unending arguments on the powers of the Chief Justice of Nigeria (CJN) and the various states Chief Judges to release detained persons from custody. Why and how did you reached this stage?

After deep research and introspection, I came to realise that this practice, which has been going on, offends the powers vested in courts to order such release as contained in Section 35(4) of the Constitution or the only administrative window in Sections 175 and 212, respectively of the 1999 Constitution, which sections have vested in the President and the respective state governors the power to administratively order release of either convicted or detained persons.

I argued that in so far as the itinerant prison amnesties embarked by the Heads of Courts is not constitutionally guaranteed, it is unconstitutional for either contradicting directly the above provisions of the Constitution or for competing with them, contrary to the doctrine of covering the field. It was at this point that my learned friend reacted and maintained an opposite position.

Since then, we both have refused to let go. He later relied on Iloegbunam vs. Iloegbunam, a decision of the Court of Appeal delivered in 2001 and gloriously submitted that the Court of Appeal upheld his arguments, validating the administrative release from custody by the CJs, under Section 1(1) of the Criminal Justice (Release from Custody) (Special Provisions) Act. However, no such finding was made by the Court of Appeal in that case. Rather, that Court declined to rule on that issue because it was not properly brought before it. In any case, that Act, promulgated during the military era, cannot be superior to the Constitution. So, I tenaciously stick to my guns on this issue.

You have received multiple honours and awards. First, Gboko Local Government Traditional Council conferred on you a chieftaincy title, then followed by the Faculty of Law students , Ekiti State University Ado-Ekiti, and finally the National Association of Nigerian Students (NANS) also honoured you. How do you see these honour and awards?

I rate the chieftaincy title awarded to me by the Gboko Local Government Traditional Council very highly for two reasons: First, the fact that I did not lobby in any way to be so honoured gladdens my heart and secondly, the meaning of the title is most encouraging to the modest effort I have, by God’s grace, put up in my life struggles.

What does the title mean?

I was honoured by my people with the title: “AfaAtindi U Gboko”, meaning “Mr. Know the Law of Gboko.” To me, this is most encouraging. For one to be recognised by his home Local Government and Traditional Council and to be honoured with a title that depicts excellence in his professional calling, is just as chilling as iced water. A few weeks after receiving that title, I received a mail from the President and Secretary of the Law Students Union of the Ekiti State University, Ado Ekiti, requesting that I should agree with them on a date they would travel all the way to Abuja to come and honour me with an award, predicating it on, according to them, my stupendous contributions to the development of the law in Nigeria. They came after we had exchanged a few mails. Then few weeks after, the National Association of Nigerian Students, (NANS), one day dropped a letter in my Abuja office, requesting that I accede to their proposal to honour me with an award. Upon my acceptance, they came with what they termed the highest award any individual can receive from NANS. For all these and several other awards, I will say all glory and honour should go to my Lord and Saviour, Jesus Christ, who has sustained and imbued me with knowledge. I also feel challenged to do more.

September 12, 2017
‘How I lost two graduate siblings’

Miss Winifred Otokhina studied law at the Ambrose Alli University, Ekpoma, Edo State, after obtaining a Diploma in Library and Information Science. An associate of the Chartered Institute of Arbitrators Nigeria, Otokhina is the Legal Coordinator of TonyMay Foundation, an NGO committed to care, advocacy and research for people living with sickle cell disorder. The 2017 Mandela Washington Fellow tells JOSEPH JIBUEZE how she was influenced by her father to study law, her dreams, and what she would change about the legal profession if she had the power.

Miss Winifred Otokhina was called to Bar in 2014.
It was her most memorable experience. She felt fulfilled because she finally had the opportunity to practice a profession that she was very passionate about.

“It was a dream come true for me,” she said.

She grew up watching her father practicing law and was influenced to follow the same path.

“I was greatly influenced by my father to study law because I watched him vigorously and courageously, advocating for the rights of people.

“I admired his eloquence and his sound knowledge of the law. I also loved to see him on his professional attire.

“When I told him that I wanted to study law, he encouraged me to work hard and that I can reach whatever heights I desire as nothing is impossible. This has today become my guiding principle,” she said.

Does she remember her first day in court?

“The first time I appeared in court, I appeared with my dad so that gave me a bit of confidence,” she recalls.

“I had mixed feelings; I was excited because I was appearing before the Judge for the first time.

“One the other hand, I was a bit nervous because there is a huge difference between watching other advocates and doing it yourself for the first time.

“At the end of the court session, I found that it was not as difficult as it seemed, provided you prepared for it.”

Otokhina said she chose law because she had always been passionate about being a voice for the voiceless.

Asked what she would have been if not a lawyer, she giggled: “Maybe I would have been a medical doctor because when I was young, whenever anyone asked me what I would like to be in future, I always told them that because I wanted to be in the profession of saving lives.

“I would also have loved to be a public policy analyst because I am great at research, especially on public policy issues,” she said.

What was her most challenging case? “Personally every case is challenging because it involves careful analysis of the facts, getting sufficient evidence and the relevant laws to back it up.”

Otokhina, like others, want the lot of young improved.

“Young lawyers come out of the law school excited and highly motivated only to find out that there are very few law firms willing to employ them.

“Even the young lawyers, who get employed are poorly remunerated. This makes them frustrated and they gradually lose their self worth and passion to practice law.

“Another challenge young lawyers face is lack of guidance or mentorship. This term is frequently used in the profession, but not practised.

“Imagine yourself approaching a senior lawyer for mentoring and the person asks you ‘Do you want mentoring or something else’?

“A very respected senior colleague asked me that question and from then on, I decided to be careful of the people I ask for mentoring,” she said.

According to her, young lawyers should improve themselves and changing their mindset.

“Young lawyers can overcome these challenges by developing an entrepreneurial mindset. Every young lawyer should have a personal mission statement and set smart goals for themselves,” she said.

What does she mean by smart goals? “By smart, I mean specific, measurable, attainable, realistic and time-based goals.

“We should also develop a business plan that would include a strong value proposition,” she said.

If she had the power, Otokhina would ensure that there was a speedy delivery of justice.

She would also ensure the establishment of a small claims court as it is in developed countries.

Left for her, the Nigerian Law School should be scrapped.

“I would ensure that corruption and judicial rascality is eradicated by having an online monitoring system where litigants and lawyers can rate a judge based on their neutrality, independence and prompt justice delivery.

“I would also ensure that commendation be given to judges and lawyers, who display commitment and integrity.

“I would recommend that the Law School be abolished and universities are empowered to prepare law graduates to write the qualifying bar examinations to be conducted by the Council of Legal Education as it is the practice in most jurisdictions.

“Finally, I would ensure that every new wig is attached to a law firm and is paid not less than N100,000 as monthly salary,” she said.

On what motivated her to set up the TonyMay Foundation, Otokhina said it was the untimely demise of her siblings.

Anthony Otokhina, a 29-year-old graduate of Biochemistry and Mary Otokhina, a 24-year-old law graduate, both died from sickle cell complications.

Their death, she said, gave birth to a burning desire to create awareness about sickle cell disorder so other families would not have to suffer the same outcome.

“We started creating and promoting awareness in secondary/tertiary institutions and public places, advocating for stigmatised people living with sickle cell and providing free medications and organising monthly sickle cell clinics in partnership with St Joseph Catholic Mission Clinic, Kirikiri, Lagos.

“We are also advocating for sickle cell policies that would provide effective management for people living with sickle cell and reduce the scourge of sickle cell in our nation.

“This led to the establishment of TonyMay Foundation in memory of my late siblings in November, 2010.

“We plan to spread our awareness, care, research and advocacy works to other states in the nearest future because our vision is to have a sickle cell free nation,” she said.

Otokhina’s work is already earning her some recognition. She was among 100 Nigerians at this year’s Mandela Washington Fellowship.

She speaks on her experience, describing it as one of the best memories she would ever have.

“I am still reaping the benefits of the fellowship. I experienced so much in six weeks, so it will be impossible to recount everything,” she said.

Apart from being taught by eminent professors and highly successful entrepreneurs, she had the opportunity of being mentored by them, which she found very enriching.

“The best part of my Fellowship experience was living in the same hostel with 25 amazing and outstanding people from 20 different African countries.

“I got to learn more about them, the impact they are making in their individual countries. This really inspired me and shaped my horizon,” she said.

How has she been empowered by the programme? She said: “I believe the Mandela Washington has empowered me with the right knowledge, skills and network to be able to transform my law firm, my sickle cell NGO, TonyMay Foundation and indeed, Nigeria to a better Society.

“I am confident that through collaborations with 100 Nigerian Mandela Washington Fellows and other African Fellows, Africa will be a continent to behold in the nearest future.”

Who does Otokhina look up to in the profession? “I look up to men and women, who uphold and maintain the dignity of the legal profession courageously. As Lawyers, we are social engineers whose role is to be problem solvers in whatever area we find ourselves.

“I admire the likes of the Late Gani Fawehinmi, My dad, Chief E.A Otokhina, Pa Tunji Gomez, Mrs Hairat Balogun, Chief Mrs Priscilla Kuye, Prof. Fabian Ajogwu (SAN) and Adepeju Jaiyeoba, a 2014 Mandela Washington Fellow, who developed the “Motherhood Kit”. She has been recognised for her outstanding work in medical innovation.”

And where does Otokhina see herself in 10 years? “I see myself as a Judge in the International Court of Justice, Hague or the Senior Partner of the world’s most reputable law firm in Nigeria.”

September 12, 2017
‘I’d sketch the greatest drawing than win the biggest case’

Sandra Udosen is a lady of many parts: c ommercial lawyer, artist, fashion lover and freelance writer. The 2009 University of Nigeria (UNN) graduate shares her romance with law and arts with ROBERT EGBE.

My family

I’m from Akwa Ibom State, but I was born in Lagos, the second of four children. I had my primary school education at Airforce School, Ikeja and then finished my secondary education at Ikeja High School, Government Reservation Area (GRA), Ikeja. I then proceeded to the University of Nigeria Enugu Campus, where I studied Law and of course the Nigerian Law School, Lagos Campus in 2010. I served in Ogun State.

I was employed in a Real Estate investment firm and then proceeded to banking and now I’m back in Real Estate consultancy.

How I got into art

I started quite early, about the age of seven. I had always been fascinated by comic characters way back. I also was (and still am) a huge fan of cartoons. That’s where my love for artistic things started. It’s funny, but the last time I was in a formal art class was in J.S.S3. (laughs). I’m basically self-taught. I improved by practice and observation. I have also come to know that art is represented differently by every artist. We don’t have two artists that have the same style and that’s what makes it fun; it’s just you expressing yourself.

My Art style

I do traditional hand sketches, with ink or pencils. I do a lot of fashion illustrations, for friends and colleagues. I did some painting while growing up and it’s still something I would focus on in future.

When my drawings put me in trouble

Yes, indeed, I made plenty fun drawings of all my friends and colleagues. I drew lecturers too, but thankfully, I was never caught. I got into trouble with my parents though; I was spanked for scribbling on walls, their books, my books and other places.

What Art does to me.

Drawing helps me relax, it’s like therapy. You know some people smoke to chill, but I sketch.

Why I studied Law, not Fine Arts

My father influenced my choice to study law, he never liked the courses I desired …Mass Communication and Theatre Arts to be exact. Initially, I didn’t think I would enjoy it, but I did.

What I would study, if I had a second chance

It’s a tough one, but what I would say is that I would never neglect arts again, because I did for a long time. My mind is like this; no knowledge is a waste. If you can, learn all, know all. Law is more valued than arts in our society.

Which is more tasking, law or arts?

They both are tasking in their own way. They both require concentration and bending over (laughs). They both require special skills, although in law you are limited to what’s laid down in books, but arts has no fixed set of rules; anything goes.

How much time it takes to finish one drawing?

That would depend on what I’m sketching. If I’m drawing from my mind it takes less than 20 minutes, but if I’m copying from a magazine or internet, it is longer.

Creating the greatest drawing or winning the biggest case ever?

Greatest drawing.

Who, what inspires her

I get easily inspired by a work of art, so I would say artist.

My bosses, colleagues and my art

Most of my colleagues knew about my love for arts, but not my bosses. I’m sure my bosses wouldn’t have found it funny.

Any money coming in from Arts?

I have not fully commercialised my art works. It’s not a one day thing; I’m still getting to know the ropes on that, so I would say, for now, law is more lucrative.

What I’ll do with my artwork

I post my sketches online, on my Instagram and Facebook accounts.

My law journey, so far

Well, I’m currently into Real estate consultancy and corporate law practice. If I’m not busy with one, I’m doing the other. It’s about balance.

Most embarrassing court experiences

The judge complained that my voice was too low, so, I had to move closer to him a bit. Other lawyers had a good laugh! Another time my wig fell off as I took a bow. (laughs).

The future: Law or Arts?

I have made up my mind to excel in both. I can’t stop being a lawyer because I have already been called to the Bar and I can’t stop drawing because it’s a God-given talent which has its own purpose. I would focus on one at a certain time, I would take a break from one to focus on the other as the need arises.

September 12, 2017
Lalong advocates transparency in welfare programme implementation

Plateau State Governor Simon Bako Lalong has called for transparency in the implementation of the Social Investment Programme (SIP).

He praised the Federal Government for introducing it, saying its implementation must be devoid of corruption.

Lalong said the programme proved the welfarist disposition of the President Muhammadu Buhari led administration.

“We must take ownership of the process by transparently adhering to laid down procedures,” the governor said.

He spoke during an interactive session with beneficiaries of the programme in Plateau State.

Lalong said: “The introduction of the Federal Government Social Safety Nets with the highest single allocation in the budget, of N500billion for 2017, the first of its kind in Nigeria, is a statement of purpose that has proven the welfarist disposition of the Buhari administration.

“Putting in place a policy on Social protection with focus on poverty reduction, assistance to the vulnerable persons, provision of startups, rural health care improvements and Agro-based economic development programmes are necessary triggers that will enhance the social wellbeing and economic self-reliance of the citizens of Nigeria, particularly those who are at the poverty stratum of our society.

“Our administration on the Plateau, in line with our mission statement of repositioning the atate on the path of social and economic transformation, proactively keyed into the programme, which was flagged off by Mr. President in May, 2016.”

The governor said the state was celebrating the implementation of SIP’s four components, namely the N-Power Programme, the Home-Grown School Feeding Programme, the Social Support Programme for the poorest of the poor and the Government Enterprises and Empowerment programme.

Lalong added: “Plateau State as a caring and people oriented government, has endeavoured to provide the environment for the effective implementation of all the components of the Social Investment Programme. On our part we are focusing on the recent partnership with the Central Bank of Nigeria (CBN) to build the capacity of our youths and subsequently economically empower them.

“The attention paid on the Anchor Borrowers Scheme which has a link with the Home Grown School Feeding Programme under SIP; improving primary health care services through renovations and upgrading of facilities, and rebuilding access roads which serve as links to the value chain in the area of agriculture.

“The SIP is no doubt a connector between government and the citizens. Through it, the citizens can feel the pulse of government as efforts are being made to make life better for all.

“We must take ownership of the process by transparently adhering to laid down procedures. I am confident that by the end of this important intervention, Plateau and indeed Nigeria will be positively transformed.”

The governor urged the beneficiaries to be committed to their duties so as to add value to the process.

“I congratulate all the beneficiaries for being part of the team to actualise the manifesto of our great party, the All Progressive Congress (APC),” he added.

Executive Assistant to the Governor/ Focal person of the programme, Dr. Hamza Sumaye thanked the Governor and beneficiaries. She urged them to remain committed to the programme to ensure maximum results.

She said: “I must at this point appreciate our leader as the main pilot of the process for providing the enabling environment within which SIP is implemented in plateau State. His commitment made it possible for the State to commence implementation of the four component s of SIP.”

September 12, 2017
Lawyers fault bid to undermine states’ regulation of hotels

Can the National Assembly make a law on an issue already decided by the Supreme Court? No, say senior lawyers. They argue that the Senate’s bid to empower a federal agency to regulate hotel operations and related businesses was contrary to a Supreme Court judgment on the matter. JOSEPH JIBUEZE writes.

Legal experts have faulted the Senate’s bid to amend the Nigerian Tourism Development Corporation (NTDC) Act of 1992.

The Bill for the amendment provides, among others, that the federal agency would be vested with regulatory powers over hotels and related businesses.

But, senior lawyers have argued that passing the law with the provision would be in direct conflict with a Supreme Court verdict, which has settled the issue, and must, therefore, be rejected.

The background

NTDC’s functions include registering, classifying, grading and regulating all hotels, motels, hospitality and tourism enterprises, and tour operators.

However, in 2003, the Lagos State House of Assembly passed the Hotel Licencing Law, which was amended in 2010, and gazetted on July 20, 2010.

In 2009, Lagos published a public notice stating that registration of hotels and tourism related establishments in the state was the exclusive responsibility of its Ministry of Tourism.

There was, thus, a conflict between the Lagos law and the NTDC Act’s mandate.

NTDC subsequently issued a public notice advising all operators of hotels and tourism companies to disregard the notice issued by Lagos.

As a way of resolving the issue, the Attorney-General of the Federation (AGF), on behalf of the Federal Government, filed an action at the Supreme Court against Attorney-General of Lagos State by way of originating summons. He challenged the validity of the laws enacted by the Lagos State House of Assembly.

The Supreme Court ruled in favour of Lagos. It held that the Law promulgated by Lagos was not among items in the Exclusive and Concurrent lists, but was rather among Residual matters.

The apex court dismissed the Federal Government’s case and held that the laws enacted by the Lagos State Government were intra vires (within) the powers of the state.

Activist lawyer, Tope Alabi said: “The case as decided by the Supreme Court is the case of AG Federation v AG Lagos (2013)16 NWLR (pt 1380) 249.

“The Supreme Court held that the National Assembly cannot, in the exercise of its powers to enact some specific laws, take the liberty to confer power or authority on the Federal Government or any of its agencies to engage in matters which ordinary ought to be the responsibility of the state government or its agencies.”

According to Alabi, the Supreme Court’s verdict was to the effect that giving a federal agency such powers would enable it “encroach upon the exclusive constitutional authority conferred on a state under its residual legislative power.”

The proposed amendment

A bill is now pending before the National Assembly, known as the Nigeria Tourism Development Authority (NTDA) ACT CAP N137LFN, 2004 Repeal and Enactment Bill 2017.

Section 15 c of the Bill seeks to regulate hotels and tourism activities.

A public hearing on the Bill was held on August 17 at Conference Room 022 of the Senate building under the auspices of the Senate Committee on Culture and Tourism chaired by Senator Mathew Urhoghide.

Senator Urhoghide said: “The only law existing in Nigeria prior to this Bill is the NTDC Act of 1992, which this Bill seeks to repeal and enact. In addition, the subject matter of the Bill is under the legislative purview of the National Assembly. Hence, the Bill does not violate any existing law in Nigeria.”

But, lawyers have disagreed with him, saying passing the Bill into law would create more conflicts with states.

NTDC Director-General Mr Folorunso Folarin Coker, a former tourism commissioner in Lagos, called for the Bill’s passage. “We must unshackle the old order if at all we honestly desire to liberate the tourism sector and goad it to perform its roles of empowerment, wealth stimulation, capital mobilisation, revenue generation and development.

“All these cannot be achieved if the business of tourism is being done with the guidelines of the old order. Hence, fate has put us in this position so that we can collectively untangle those shackles which in the old time were considered as lubricators, but are now burdens and debilitating yoke,”he said.

Stakeholders fault Bill

Stakeholders have urged the Senate to reconsider the provisions, which seek to rob states of their powers. To them, it is dangerous to pass a Bill into law with its provisions, which directly conflict with the Supreme Court judgment.

The Senate came under fire for refusing to devolve powers to states during the last Constitution amendment exercise, with states assemblies vowing to reject them when the amendments get to them. To observers, the bid to further reduce states’ powers over tourism issues in spite of the Supreme Court judgment must not be allowed.

Highlighting the many failings of NTDC proposed bill, Nigerian Hotel and Catering Institute (NHCI) Executive Secretary, Victor Kayode, said the Bill was “audacious in nature, but will achieve nothing in terms of tourism development in Nigeria”.

He wondered why the NDTC would send the Bill to the Senate rather than its parent ministry. “We, as industry practitioners and Professional body, are at a loss, as we cannot understand whether a parastatal under a Federal Ministry can send a bill directly to the National Assembly except through the parent Ministry, which must have seen the need for such an amendment as in the present case and forward same to the National Assembly,” he said.

Besides, he said the proposed amendments did not expose the weakness of the current Act, which he believes if well implemented can still achieve its mandate of promoting domestic and international tourism. “This is because the Bill is seeking to establish a new organisation other than amending the provisions of its current law,” Kayode said.

On the section on regulation, Kayode said proponents of the Bill went beyond their bounds with the provision. “Section 15 C seeks to regulate, but regulation is for state ministries and government agencies and accreditation is for professional bodies. They are, therefore, beyond the purview of the Corporation in whatever form,” he said.

Kayode said other provisions of the Bill were in conflict with Supreme Court verdicts on states’ powers.

“Section 29 is virtually an additional burden on the industry that is already reeling under excessive taxes and unnecessary.

“It will lead to conflict and further litigation as collection of levies has been settled by a Supreme Court judgment of 2013. This can only further destroy the industry than rebuild it from ruins.

“The provisions here are an invitation to anarchy. How this section will be implemented without resistance from states thereby creating tensions is unclear,” he said

Kayoed described other sections of the Bill, such as 31, 32, 33, 34, 35 and 36, as a negation of NTDC’s mandate, which is to promote and encourage tourism.

“They will conflict with the states via the residual list of the Constitution as confirmed by the Supreme Court judgment.

“In any case, what purpose will the accreditation and regularisation by NTDC serve in the current Tourism and Hospitality arrangement as enunciated by the Supreme Court judgment, which puts the making of laws regarding tourism firmly at the doorsteps of state Assemblies?

“The provisions of Section 38 will only be a duplicate or photocopy of what the states are already doing and another burden on the industry.

“It is the view of the Nigerian Hotel and Catering Institute that energy need not be wasted in enacting a law that we know will achieve nothing other than creating more confusion.” he said.

Kayoed urged the NTDC management to look into the provisions of the original Act and key into its simple mandate.

“In any case, nothing in our view is wrong with the original Act as to warrant the legislation on another one, neither is the establishment of a new organisation necessary for the promotion and development of tourism in Nigeria other than being currently provided in the Act.”

Lawyers: why Senate can’t pass bill

Two Senior Advocates of Nigeria (SANs), Prof Yemi Akinseye-George and George M. Oguntade, said passing the Bill with provisions that conflict with the Supreme Court judgment would be wrong.

Akinseye-George believed the Senate cannot validly pass a law that is in conflict with a Supreme Court decision.

His words: “The Judiciary is the guardian of the Constitution. If the legislature makes any law, which is in conflict with the Constitution, the court will strike it down.

“The Supreme Court has decided the issue of tourism. Any law on that subject must be within the parameters laid down by the decision of the Supreme Court.”

Oguntade said every Supreme Court decision is expected to be based on proper interpretation of constitutional provisions, therefore, it would amount to legislative rascality to make a law that is in conflict with such a decision.

He said: “On the competence of the National Assembly to legislate on a matter already decided by the Supreme Court, my view is that whilst this can generally be done under the principle of separation of powers, such conduct, unless there is public support for it, ought to be avoided at all cost, particularly under a democratic government as we presently have.

“Such conduct was the preserve of military dictatorships, which summarily enacted decrees to avoid/nullify judicial decisions that they disagreed with.

“Under the constitution, the function of the legislature is to make laws for the good order of the country and the judiciary is to apply and interpret such laws.

“It is, therefore, to be expected that any decision of the Supreme Court has been the result of a proper interpretation of the existing law.

“So, it will be tantamount to acts of legislative rascality for the National Assembly to promulgate new laws solely to nullify or avoid the effect of a judicial interpretation of an existing law.”

For Alabi, the provisions in the Bill touching on states’ powers are null and void by virtue of the Supreme Court decision.

He said: “The National Assembly cannot pass such a Bill that conflicts with the Supreme Court judgment. The judgment is on the provisions of the Constitution.

“The issues of licensing and upgrading of hotel is never in the Exclusive or Concurrent Legislative List. It is mainly within the exclusive legislative power of the state government.

“Before the National Assembly can pass a bill empowering Federal Government to do an act or take an action in respect of licensing and upgrading of hotel, the provisions of the Constitution must be altered to include same in the concurrent legislative list, at least.

“Any law passed by the National Assembly empowering the Federal Government on licensing and upgrading of hotel will be contrary to Section 4 of the Constitution and same will be null and void to the extent of its inconsistency.”

Senior Legal/Programme Officer at the Human Rights Law Service (HURILAWS), Collins Okeke, said the Senate cannot oust the court’s jurisdiction.

“Section 4 (8) of the 1999 Constitution (as amended) subjects exercise of legislative powers of the National Assembly to the jurisdiction of the courts. They cannot oust the jurisdiction of the Courts.

“The Bill (that is the Nigeria Tourism Development Authority (NTDA) ACT CAP N137LFN, 2004 9 Repeal and Enactment Bill, 2017) if passed can only be enforced at the Federal Capital Territory, Abuja.

“It cannot be enforced in Lagos or any other state in Nigeria,” Okeke said.

September 12, 2017
Thoughts on rape, defilement

A paper delivered by Mrs Vera Chinwuba, a lawyer, at a symposium on the Rape Menace: ending the silence on rape organised by the Action Group on Adolescent Health, College of Medicine, University of Lagos Teaching Hospital (LUTH).

•Continued from last week

Generally, many forensic evidence are often considered scientific evidence like DNA matching, finger print identification and hair/fiber evidence. The human body that has been violated and raped is also a crime scene. Does Nigeria apply forensic evidence in rape cases in Nigeria? Do we have skilled personnel equipped to handle forensic investigation in the Nigerian police for purposes of handling rape cases? Do we have specialised medical practitioners on forensic examination, even if the answer is in the affirmative why is forensic examination not applied in investigation of rape cases in Nigeria? For instance, equipment like forensic camera that can be used to record incident of rape that took place a month after because with that you will still be able to get the marks. The police do not apply forensic knowledge in prosecution of rape cases. Biological evidence such as semen, blood, virginal secretion, saliva and virginal epithelial cells collected with a kit are used in other jurisdictions in rape and sexual abuse trials. All these are lacking in Nigeria Police prosecution of rape cases.

Many scientists are currently working on using functional magnetic Resonance Imaging (FMRI for rape prosecution. It is a new type of lie detection machine. It works by imaging in real time, the flow of blood around the brain). For the medical examiner adequate care must be taken during examination of rape victim. They must be trained to identify genital injury resulting from sexual assault, the prevalence and location genital injury provides only a partial description of the nature of trauma associated with sexual assault. Anogentilal injury location can be classified as external (Labia majora, labia minora, pericurethral area perineum and posterior fourchelle), internal fossa navicularis, hymen, virgina, cervix and anal (anus and rectum).

There is need for judges and juries to be conversant with these issues. Nigeria needs to move with the rest of the world.

Prevention of rape

There are certain precautionary measures to be taken to protect yourself from being a victim of rape. Note that rape may still occur, but you can proactively protect yourself against a penitential assault.

(a) Bad touch: Children must be taught at a very tender age what I personally termed ‘’bad touch’’. As growing children, they must be made to understand that their breast area and wee-wee bombom are special to them and therefore no one should touch them there. If anyone does that call for help. This way the children will easily understand that no one has the right to fiddle with these areas.

(b) Self-consciousness by listening to your intuition. Be aware of your environment, don’t walk alone but in company of trusted friends, avoid isolated public places eg. In campuses, churches especially during night vigil and surrounding areas. Don’t go out alone or with a person you do not know. The person could lure you to den of rapists. Don’t use headphones when walking alone. Always ensure that your phone is fully charged. Don’t keep late nights.

(c) Social gathering: Don’t leave your drink unattended to if you are at a club. A potential rapist could slip a date rape drug into your drink. If you must leave it get a new drink when you come back.

(d) Social media: Rapists use social media platforms a lot to locate and monitor their victims. Don’t wear revealing clothes. Dress appropriately and decently at all times.

Challenges

The attitude of the victims and their families pose great challenge to prosecution of rape cases. Some of them hold back information and do not cooperate with security agencies in prosecution of these cases. The assault leaves long emotional effects, sexually transmitted diseases and wounds. Some victims have committed suicide because of rape. Families are threatened by some individuals and groups over persecution. Slow pace of investigation and justice dispensation coupled with police extortion from the victims are some of the many challenges in persecution of rape cases.

Suggestons

There is need for paradigm shift in the entire legal system for persecution of rape cases. A dedicated legal frame work for victims of rape to get justice should be instituted immediately.

The culture of silence caused by fear of stigmatization, and family members and relations who discourage victims from speaking up should be repudiated. By speaking up rapists would be brought to justice and that would serve as deterrent to others.

The police as a matter of urgent concern should introduce forensic evidence in prosecution of rape cases. The police personnel should be trained and equipped to carry out forensic examination at the scene such that blood sample, semen, saliva can be collected as done in other jurisdictions. The various police commands should establish rape desks dedicated to carrying out investigation of cases.

Medical Doctors/practitioners should be trained on how to examine victims. This is particularly very important because the prosecution relies partly on medical report to prove the offence of rape during trial. Shoddy medical report is usually a problem during persecution.

Emphasis should be placed on rape prevention in schools, communities, neighbourhood. While a national prevention programme at the local and national levels should be encouraged.

The Directorate of Public Prosecution should expedite action on issuing legal advice to forestall delay in trial.

Victims complained police extortion. eg. Transport fare. The Police should be equipped with necessary infrastructure to discharge its duties efficiently.

Stakeholders should organise enlightenment programmes at community where everybody should made to understand that we do not want rapists in our community.

Trauma and counselling centres should be established where victims can go and regain confidence.

Finally, the office of the attorney general of the federation and minister of justice, and commissioners of Justice should monitor prosecution of rape cases or even take over prosecution.

In conclusion, l have critical examined the legal implication of offence of rape in Nigeria with emphasis on the legal provisions, the procedure for victims justice. I also looked at the challenges in prosecution due to lack of application leading to low rate of conviction compared increasing cases of rape in Nigeria. Rape as a criminal offence and social menace should be accorded priority attention by ensuring that rapists are brought to justice expeditiously. Nigerians should be breaking news grounds in forensic knowledge in cases of rape in Nigeria.

• Concluded

September 12, 2017
Lawyer questions A-Gs’ power to withdraw cases

A lawyer, Olayinka Ola-Daniels, has questioned the powers of Attorneys-General (AG) to withdraw criminal cases in court.

He backed calls for the separation of the office of the Attorney-General from that of Minister of Justice or Commissioner for Justice.

According to him, political office holders should not be allowed wield powers to withdraw criminal cases.

Ola-Daniels was reacting to the withdrawal of the cases instituted against two foreigners, Deepak Khiinani and Sushil Chandra, by the Lagos Attorney-General and Commissioner for Justice Adeniji Kazeem.

“We intend to fight to protect the integrity of the judicial process by asking the courts to determine whether the AG in its prosecution of Deepak Khiinani and Sushil Chandra properly exercised his power of discontinuance,” he said at a briefing in Lagos.

Ola-Daniels recalled that on July 13, Kazeem, represented by an Assistant Director in the Lagos State Ministry of Justice Akin George, argued for and obtained Nolle Prosequi in the case before Justice Atinuke Ipaye of the Ikeja High Court.

A nolle prosequi is a formal notice by a prosecutor to drop a case.

Ola-Daniels said the case’s withdrawal was unexpected because the office of the AG had three months earlier, on April 3, requested for and obtained a Bench Warrant for the arrest of Khiinani and Chandra for failing to appear in court for their arraignment.

“On the day that the court granted the nolle prosequi, there was widespread public protest in the court premises by workers of Green Fuels Limited.

“This was the Nigerian company from which Mr Khiinani and Sushil Chandra are alleged to have stolen $8.8 Million by way of over invoicing, and then laundered and lodged the money overseas,” he said.

The defendants deny the allegations.

Ola-Daniels was among 28 lawyers who appeared in court as amici curiae (friends of the court), during which they argued that the powers of the AG to discontinue a criminal case midway under Section 211 of the 1999 Constitution, requires him in sub-section 3 of the same Section 211, to do so with the public interest foremost in mind.

Justice Ipaye ruled that she was compelled by law to accept the AG’s application.

The complainant, Mr. Olajide Rosiji, who is the Chairman of Green Fuels, had petitioned Governor Akinwunmi Ambode and House of Assembly Speaker Mudasiru Obasa in protest.

“The AG’s action appears to have tipped the judicial process in favour of the two defendants, and disregarded for public interest through the hasty reversal of the Prosecution’s actions since the case commenced.

“The AG’s first Legal Advice dated April 30, 2015 concluded that both men had a case answer. At the hearing of the defence’s preliminary objection, the AG had argued that both defendants did have a case to answer, and on April 16, 2016, the court agreed.

“When the two defendants consistently refused to come for arraignment, it was the AG’s office that applied to the court to have them arrested, and on April 3, 2017, the court issued a bench warrant for their arrest.

“The power of the State Attorney General to discontinue pending criminal action under Section 211 should not be in the hands of a political officeholder so as to protect the integrity of the judicial system. This is the basis for the nationwide call for the separation of the judicial office of Attorney-General from that of the political office of Commissioner for Justice,” Ola-Daniels said.

According to him, the question on many lips of many is whether it was morally right for the AG to allow the defendants to go free without coming to court for arraignment despite the allegation against them.

“It is our candid opinion that for its administration to be fair, once a court has started to hear a case, justice demands that the AG should revert absolutely to the role of being an officer of the court in the same way as the defence lawyer.

“To allow the AG’s office to reserve a right of discontinuance would appear to place justice in the hands of a political appointee rather than in the hands of an impartial judge,” the lawyer said.

September 5, 2017
Cases that rocked 2016-2017 legal year

The courts made several important interventions in the 2016-17 legal year, which began last September and ended in July. As the long vacation gives way to the 2017-2018 legal year, which begins next week, ROBERT EGBE reviews some of the most significant decisions in the last legal year.

When the courts began the long vacation last July, they left a trail of judgments that will reshape the practice of law, politics, business and government administration for long.

Notable among the many cases are the Supreme Court’s ruling confirming the extinction of the grant of stay of proceedings in criminal trials.

Another is the Court of Appeal’s ruling upholding the right of states over inland waterways rather than the Federal Government.

The Federal High Court and the Lagos State High Court also had their share of economically and socially- significant decisions in the forfeiture cases, particularly that involving former Minister of Petroleum Mrs. Diezani Alison-Madueke, and the case outlawing Unified Marriage Licences by Local Governments across the country.

Olisa Metuh v Federal Republic of Nigeria

Outcome: Outlaw of stay of proceedings in criminal trials

One of the innovations of the Administration of Criminal Justice Act (ACJA) 2015 is the abolition of stay of proceedings and interlocutory appeals by merging all preliminary objections in criminal cases.

The law was occasioned by, among others, the unending delay in the trial of politically-exposed persons in corruption cases.

For instance, in October 2005, the Economic and Financial Crimes Commission (EFCC) filed a N664 billion corruption charge against Mohammed Abacha, son of the late dictator Sani Abacha.

The case stalled for nearly 10 years because of preliminary objections raised and argued from the High Court to the Supreme Court by Abacha through his counsel, J. B. Dauda.

On January 14, 2014 the Supreme Court ordered that the trial be commenced de novo at the Federal Capital Territory High Court.

In frustration, the Federal Government discontinued the charge.

In another instance, the prosecution of Major Hamza Al Mustapha over the murder of Mrs. Kudirat Abiola lasted 13 years on account of several preliminary objections and interlocutory appeals which were pursued from the High Court to the Supreme Court.

However, in a landmark judgment last June 12, a five-man panel of the Supreme Court put the nail in the coffin of the practice using court orders to suspend criminal trials.

It upheld Section 306 of the Administration of Criminal Justice Act (ACJA) and Section 40 of the Economic and Financial Crimes Commission (Establishment) (EFCC) Act, which prohibit courts from granting stay of proceedings in criminal trials.

Opponents of the sections had argued that prohibiting courts from staying proceedings in criminal trials was a violation of the constitutionally- guaranteed right to appeal.

But the apex court ruled that the provisions of both laws were in conformity with Section 36(4) of the 1999 Constitution, which provides that any person charged with a criminal offence “shall be … entitled to fair hearing in public within a reasonable time.”

In a unanimous judgment, it held that by virtue of both sections, neither it nor any other court has the power to stay proceedings in a criminal case.

The panel, which comprised Justices Dattijo Muhammed (presiding), Kudirat Kekere-Ekun, Ejembi Eko and Sidi Bage gave the ruling while dismissing an appeal on an application for stay of proceedings filed by a former National Publicity Secretary of the Peoples Democratic Party (PDP) Olisa Metuh.

The Federal High Court in Abuja had earlier rejected his application to stop his trial pending appeal, following which Metuh appealed unsuccessfully to both the Court of Appeal and the Supreme Court.

Metuh and his company, Destra Investments Limited, are on trial before Justice Okon Abang of the Federal High Court, Abuja, for laundering the sums of $2 million and N400 million, which the defendants allegedly received unjustifiably from the Office of the National Security Adviser in 2014.

The funds were allegedly used to fund the 2015 presidential campaign of the Peoples Democratic Party (PDP).

Although Metuh pleaded not guilty to the charges, the court dismissed his application for stay of proceedings for being “violently in conflict” with Section 36(4) of the constitution, Section 306 of ACJ, and Section 40 of the EFCC Act.

Metuh then approached the courts to grant a stay of proceeding after he had filed a no-case submission in his criminal trial, which was dismissed by the Federal High Court.

Metuh’s trial before the Federal High Court resumed on June 19.

Lagos State Waterways Authority & Ors v Incorporated Trustees of Association of Tourist Boat Operators &Ors

Outcome: States have power to regulate inland waterways

Who has the right to make laws/regulate intra state waterways/inland waterways,the National Assembly or the State House of Assembly?

Last July 18,the Court of Appeal sitting in Lagos upheld the argument of Lagos State Attorney-General Adeniji Kazeem that by virtue of sections 4(2), 4(4)(a), Sections 315 and Items 36 and 64 of the Exclusive List of the Constitution, that power belongs to the states.

The case, which is now before the Supreme Court, was instituted on May 22, 2012 at the Lagos Division of the Federal High Court by the Lagos State Waterways Authority and three others.

The defendants/respondents were The Incorporated Trustees of Association of Tourist Boat Operators & Water Transportation in Nigeria, Incorporated Trustees Dredgers Association of Nigeria Transport, National Inland Waterways Corporation, Nigeria Maritime Standard And Safety Agency, Minister of Mines & Steel Development and Minister of Transport.

The Appellate Court,in a unanimous decision held that the Lagos State House of Assembly is competent to make laws in respect of the intra-Inland Waterways in Lagos State except inter-state waterways declared as international or interstate waterway under Item 5 in the 2nd Schedule to the National Inland Waterways Act.

In the leading judgment of the court, Justice Hussein Mukhtar held: “Item 64 is couched in no narrower scope as it deals with water from such sources declared by the National Assembly to be sources affecting more than one State.

“The inland waterways within Lagos State are not and cannot by any stretch of interpretation be covered by any item on the Exclusive Legislative List under Part 1 to the Second Schedule of the Constitution and I so hold.

The court also held that”the authority of the Lagos State House of Assembly to legislate in respect of all intra-state inland water ways is not in doubt” and all other inland waterways within Lagos State are within the legislative competence of the Lagos State House of Assembly and any revenue accruable therefrom is payable to the Lagos State Waterways Authority.

The Diezani forfeiture cases

Outcome: Federal Government recovers billions of nairasuspected to be stolen

Continuing a trend which began in 2015, the Economic and Financial Crimes Commission (EFCC) recovered billions in cash and property for the Federal Government in the 2016-2017 legal year mostly through the whistle-blowing policy introduced last December.

The funds, suspected to be proceeds of crime, were permanently forfeited by Federal High Courts across the country after their seizures from mostly politically exposed persons.

They include the N1.8billion recovered last April 6 from a former Chief of Naval Staff, Dele Ezeoba, the N449,750,000 found in an abandoned Bureau de Change shop in Victoria Island, Lagos and the $43,449,947 (about N13billion), N23, 218,000 million and £27,800 (about N10.6 million) cash found in Flat 7B, Osborne Towers, 16, Osborne Road, Ikoyi, Lagos.

But the recoveries made in connection with former Petroleum Minister Mrs Diezani Alison-Madueke stand out.

Last February 16,five months into the 2016-2017 legal year, the Federal High Court in Lagos ordered the final forfeiture of $153 million allegedly belonging to Mrs Allison-Madueke, to the Federal Government.

Justice Muslim Hassan also ordered the forfeiture of an unclaimed N23.4 billion, $5 million as well as $40 million (the naira equivalent is N9.08 billion) which the EFCC said was laundered for her and was unclaimed.

On August 7, 2017 Justice Chuka Obiozor of the same court ordered the permanent forfeiture to the Federal Government of a $37.5million Banana Island property allegedly bought in 2013 by Mrs. Alison-Madueke.

The judge also ordered that $2,740,197.96 and N84,537,840.70 realised as rent on the property be permanently forfeited to the government.

Last August 22, the Federal High Court in Lagos ordered the interim forfeiture of 58 houses allegedly bought between 2011 and 2013 for $21,982,224 million (N3.320 billion) by Diezani.

Justice Abdulaziz Anka adjourned till September 8 for anyone to show cause why the properties should not be permanently forfeited to the Federal Government.

Also last August the Federal High Court in Lagos ordered the final forfeiture of N7.6billion allegedly stolen and hidden by the former Minister.

Mrs Alison-Madueke, who was a powerful member of former President Goodluck Jonathan’s Cabinet from 2010 to May 2015, has consistently denied the allegations.

Olamide Babalola v Ikeja Local Government & Registered Trustees of Association of Local Governments of Nigeria

Outcome: Local Government Marriage Certificates must conform with Form E of the Federal Marriage Registry

Last year, Consumer Rights Lawyer Olumide Babalola filed a class action suit against Ikeja Local Government and Association of Local Governments of Nigeria (ALGON) at the Lagos State High Court, Igbosere.

He sought, among others, a declaration that Ikeja Local Government could not issue modified marriage certificates different from that provided under Section 24 of the Marriage Act, LFN 1990.

Before Babalola’s suit, local governments across the country issued customised marriage certificates known as “Local government Unified Marriage Certificate.”

Babalola successfully argued that such certificates were illegal.

Delivering judgment last May 15, Justice Ibironke Harrison of the Igbosere division, ordered as follows:

A declaration that Ikeja Lo-cal Government) does not have powers to issue modified and/or customized marriage certificates different from that provided in Form E under section 24 of the Marriage Act, LFN 1990.

A declaration that the ALGON’s “Local Government Unified Marriage Certificate” is unknown to our law, unconstitutional, null and void.

A perpetual injunction restraining the defendants, their agents, officers, employees and representatives from further issuing modified and/or altar marriage certificate apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN 1990.

A perpetual injunction restraining ALGON from further issuing “Local Government Unified Marriage Certificates.

An Order that all modified marriage certificates issued by the defendants be surrendered to the appropriate local government where the marriage was conducted and an appropriate certificate in line with Form E should be re-issued.”

The judge added: “By this judgment, intending couples are to ensure that the type of certificates issued to them by local government marriage registries conform with the one issued by the Federal Marriage Registry in Form E while already-married couples are to return their irregular and illegal marriage certificates to the local governments in exchange for the proper ones.”

Following the judgment, the Federal Government wrote to embassies in the country not to issue visas or recognise marriages conducted by local governments based on such marriage certificates.

In compliance with the judgment, local governments in Lagos State on July 13, began issuing Form ‘E’ Marriage Certificates.

September 5, 2017