The Nation Newspaper

Category: Law

  • ‘Conceal your assets, face 21 years’ imprisonment’

    ‘Conceal your assets, face 21 years’ imprisonment’

    Chief Okoi Obono-Obla, the President’s Senior Special Assistant on Prosecution, can be fiery if the discussion is on corruption. To him, many lawyers and the courts are not helpful when it comes to tackling the malaise. Obono-Obla, who has just been named chairman of the Special Presidential Investigation Panel for the Recovery of Public Property, tells ERIC IKHILAE  how his panel hopes to operate, his fear for the Judiciary and why it appears difficult to tackle corruption.  

    The constitution of your panel was announced about two weeks ago. When will you begin work?

    We have begun work. Although we are yet to have an office, we have made a request for an office and some other things that we need to start work effectively, and I believe the government is doing something about it.

    Currently, we are doing preliminary work and trying to see how we can map out strategies to enable us do our work well. I am very certain that, in the next two weeks, we should take off effectively.

    By the law setting up your panel, you appear to have a broad mandate. From where do you intend to begin?

    You are right. The law is all-embracing, very comprehensive and broad. But, we do not intend to go on a wild goose chase. We are going to look at certain areas, focus on them and ensure that we do the work the way those who appointed us want us to do it.

    So, what areas are you focusing on?

    We will look at the oil and gas industry for instance. Then, the Judiciary and other areas that need to be urgently cleansed up.

    How do you react to the argument that your panel amounts to a duplication of effort on the part of the government, because the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), the Code of Conduct Bureau (CCB) and other related agencies are already doing what you have been asked to do?

    Those who hold that position are ignorant, with due respect.  First, Nigeria is a member of the United Nations systems. In 2003, the United Nations Convention Against Corruption (UNCAC) was enacted. Some aspects of that convention make provisions for national governments to set up multiple anti-corruption bodies to address the issue of corruption.

    This is because the convention identifies corruption as a threat to humanity, to development, to democracy, to the society, among others. I can tell you that organised crimes like terrorism and money laundering are all a dialectical consequences of corruption.

    So, we have the Nigeria Police, which can investigate all forms of crime, including corruption, economic and financial crimes.The EFCC, the ICPC and the CCB are all there doing the same thing.

    So, what distinguishes your panel from these bodies?

    Let me tell you, the Recovery of Public Property (Special Provisions) Act Cap R4 Laws of the Federation of Nigeria predates the EFCC Act, ICPC Act and even the Code of Conduct Bureau and Tribunal Act (CCB/T Act). So, I can say that the law, setting up our panel, is the oldest anti-corruption law in Nigeria.

    But, unfortunately, successive governments did not have the will, the commitment to fight corruption. That is why that law was left in a state of limbo. Now, we have a government that is committed to fighting corruption, and the government has gone to exhume the law from where it was buried.

    There are differences between my panel and the Code of Conduct Tribunal (CCB/T). For example, the CCB/T cannot impose a term of imprisonment. My panel has the jurisdiction to investigate the assets of a public officer.

    If we find out that you suppress some information about your assets, then we can file a charge against you at the Federal High Court. And, if you are found guilty, you will be sentenced to 21 years’ imprisonment. Such provision is not there in the CCB/T Act.

    In what areas is your panel different from the anti-graft bodies?

    Under the law setting us up, if you under declare your assets, or if you have more assets than what your legitimate earnings can accommodate, we can investigate you, send our findings to the Federal High Court. And, if you are found guilty, you will be sentenced to life imprisonment.

    This is the only law that has provision for life imprisonment for corruption, embezzlement, contributing to the economic adversity of Nigeria. You will not that the CCB/T covers public officers alone.

    The law, under which we are to operate, also extends to those in the private sector. It also extends to relatives of public officers. For example, a lot of public officers keep funds and acquire property in the names of relatives, their children, their wives, cousins, aunties, their friends, among others.

    So, this law gives us the power to investigate relatives and friends of public officers to see if they have acquired assets that are inconsistent with their legitimate earnings. So, you can see the differences now between out panel, the EFCC, ICPC and the CCB/T.

    If you say your panel can examine issues relating to economic and financial crimes, how will it work around the obstacle created by Section 6 (C) of the EFCC Act, which grants exclusive powers to the EFCC on such matters?

    You see, as I noted earlier, that, under the UNCAC, there is room for national government to set up agencies whose functions in relation to corruption overlap. So, there is nothing wrong with that.  We will do what we call, inter-agencies collaboration, partnership and cooperation.

    But, I can say that the law that sets up our panel is different substantially from others. The functions may seem similar, but the law is unique in its own way.

    I have given you the example of the provision for life imprisonment that is not in the CCCB/T, which only confiscate the assets found to have been unlawfully acquired and bars the public officer from further holding public office. But, under this law, you will go to prison for 21 years.

    Do you imply that your panel can undertake prosecution on its own?

    Yes. It will be unconstitutional for us to investigate and pass on our findings to another body to do the prosecution. We will investigate and prosecute as far as the assets of public officers and those in private sector are concern.

    For instance, a drug baron may not be working in the public sector, but he has assets. And if we find out that he acquired these assets through unlawful activities (because that is what the law said), then we are empowered to go after such a drug baron.

    Also, somebody who indulges in money laundering, but who cannot be classified as belonging to either the public or private sector, but has acquired assets that are suspicious, we can go after him, seize those assets and charge him to court.

    So, you can see the differences and why I said the laws are different, although they may look similar on the surface.

    The Executive has consistently accused the Judiciary of not supporting its anti-corruption efforts. But, people wonder why this same Executive has not deemed it fit to reach out to the Judiciary for support?

    We do not want to interfere with the functions of the Judiciary. The Constitution has spelt out the functions of the different arms of government. In theory, we are separated, but in practice, we are supposed to work together. But, we will not go out of our way to interfere with the internal workings of the Judiciary.

    We will not tell the judges how to dispense justice. They should dispense justice in accordance with their oath of office. If government says corruption is a problem, we expect the Judiciary, that is part of government to also see corruption as a problem. But, we have not seen that.

    For instance, we have judges, who have been indicted. Yes, I feel a judge, who has been investigated from criminal allegations for corruption, even if he is acquitted by a court of law, his integrity is at stake. His honour is at stake, because a judge ought to be like Caesar’s wife, who is above suspicion.

    So, if a judge has brought himself to the level of being investigated by law enforcement agencies, has been accused of corruption and has been docked, though not sent to prison, that judge has lost his credibility to sit as a judge.

    As a lawyer, I will find it difficult to appear before that judge and defer to him/her. You may ask me why. It is because we, in the legal profession, consider judges as representing God.

    That is why we address judges as ‘My Lord;’ that is why we bow when we see them. We respect them. We consider the status of a judge as prestigious.  So, a judge, who has lost that toga of integrity, credibility and honour should cease to be a judge.

    So, how do think the Judiciary should approach this issue?

    What I expect the Judiciary to do, if it is working in tandem with the Executive, is for the National Judicial Council (NJC) to make a list of all the effected judges and hand to Mr. President to either retire or dismiss them.

    The perception out there is that you, as a person, have, in recent time, been hard on the Judiciary. Don’t you think this could affect you when you return to practice?

    I will return to practice when I am done here. I am not afraid that the position I take now could affect me, because I am not against any judge. I am executing my official brief and I will do it professionally, conscientiously and diligently, without minding whose ox is gored.

    So, that is it. I will return to practice, because I have not done anything wrong. If anybody feels bad that I have done my job professionally, let them forgive me for that, but I have to do my job. I am not hard on the Judiciary.

    I want the proper thing to be done, because I have been part of the system and know what goes on within the system. So, I feel for the legal profession.

    I am passionate about the Bar and the Judiciary as a whole. I tell you, we are endangered if we do not take steps to restore the confidence of the public to the system. We are on the blink of extinction.

    How will you react to the criticism that this administration has not recorded much success in the prosecution of high-profile corruption cases despite its claim to be fighting corruption?

    I do not agree with the position, because we have had quite a number of convictions. As a matter of fact, the EFCC said last week that it recently recorded about 200 convictions. That is salutary.

    The case of the former Adamawa State governor, whose conviction was reversed by the Court of Appeal, has not been concluded. I believe an appeal should be before the Supreme Court by now. So, we can only conclude on that after the Supreme Court gives its verdict. The Supreme Court can restore his conviction.

    So, we should wait until all these cases are heard at the Court of Appeal and Supreme Court before we can say whether or not the cases were properly handled. But for now, it is premature to say so. I believe the EFCC is doing a good work and we are going to see more convictions in the next few months.

    The report on bribery and corruption in Nigeria, which was just released by the United Nations Office on Drugs and Crime (UNODC) and the National Bureau of Statistics (NBS), confirmed that, despite this government’s claim of fighting corruption, it is still prevalent. What do you think is wrong?

    That survey was carried out five years ago. It is not a reflection of the true position of things in the country. Let us be fair. This government has done well as long as fighting corruption is concerned. It is not easy.

    Corruption in Nigeria has become endemic. And this government has done very well.  Look at the amount of money that we have recovered. Look at the property we have recovered from looters. Look at the number of cases on-going in court. This is unprecedented in the history of Nigeria.

    High placed persons, ex-ministers, ex-governors and others are standing trial. So, you cannot say that this government’s fight against corruption is not yielding results. You know it will be impossible to totally eradicate corruption. We will reduce corruption, because there is corruption in every society.

    The most important thing is that anybody that is found corrupt should be punished. And that is what we are trying to do – to punish anybody, who indulges in corruption. But we are not saying we are going to eradicate corruption completely. You know that is impossible. But, we will try to reduce corruption to the barest minimum,

    What is the government doing to recover the $15 million seized from the Goodluck Jonathan-government by the South African government? Has Nigeria forfeited it  to South Africa?

    I do not have a brief on that. Maybe you should ask the EFCC or other relevant agencies. I also read about the seizure during President Jonathan’s government, but I do not know what the current situation is.

    Shouldn’t your panel be interested in such issues?

    If it is brought to our attention, we will look at it. We can take steps. We can request for documents relating to the transaction. We can execute bench warrant on anybody. So, maybe we will look into it. We will look into it.

  • ‘I studied law to assist the poor’

    ‘I studied law to assist the poor’

    Ahmed Adetayo Adetola-Kazeem is the son of Chief Gani Adetola-Kaseem (SAN).  The 2009 Law graduate of the Olabisi Onabanjo University in Ago-Iwoye, Ogun State,was the only Nigerian among 1,000 young Africans selected for the 2017  Mandela Washington  Fellowship Award launched by former US President Barack Obama in 2014. He speaks with ADEBISI ONANUGA on his foray into law, among other issues.

    Ahmed Adetola-Kazeem observes political developments. He is fascinated by the calls for restructuring of the country by different nationalities. But he believes that the country’s major problem  is insincerity and deep hatred for one another.

    “If all these ills are not addressed, restructuring won’t yield any result even if the country is restructured on family basis,” he said.

    According to him, the anti-corruption campaign of the President Muhammadu Buhari administration is yielding some results “but I am of the view that it is selective. If the government is serious about the war, there should be no sacred cows. The federal and state civil service should be cleansed as this is the engine room of corruption. Lastly, with the crops of senators, we can’t win the war against corruption. I suggest the Senate should be scrapped”.

    Adetola-Kazeem, director and Founder of the Lagos-based Prisoners Rights Advocacy Initiative (PRAI), developed  interest in the affairs of prison inmates during one of his humanitarian visit to Ijebu Ode Prison as a law student of Olabisi Onabanjo University, (OOU) Ago Iwoye, Ogun State.

    “I remember promising some inmates that I will come to their aid when I get called to the bar.  My activities took off  largely because of that promise”, he said.

    He said his journey into advocacy has been tough and rewarding. According to him, “delayed justice has been a problem; also assessing funds to execute and expand our services has been a huge challenge. However, my little effort has given me some recognition like the Mandela Washington Fellowship, finalist at the International Bar Association Pro- Bono Awards 2013, Best Youth Corps Member in Abia State, 2010, among others. I was equally selected as one of the 12 finalists out of over 4000 applicants at the British Council Future Leaders Connect programme.  I couldn’t attend the final selection event because I was in the US for the Mandela Washington Fellowship”.

    However, much as he laboured to make a success of his pet project, the major challenge remains funding and sustainability because no amount he placed into the activities relating to the project has ever been enough.  He said there is much to be done but that funds have been limited.

    On his feelings on th Mandela Washington Fellowship , he said: “The feeling is mixed. I was very elated to have been picked out of 64,000 applicants across Africa and 22,000 Nigerians for the life-changing programme. However, I was not happy that the Federal Government is not doing enough to honour its young heroes. Even when the US government selected us through a very thorough and transparent system, the government did nothing o encourage or honour its own”.

    On his thoughts for reforms in the judiciary, he said he would like to see “courts that are fully automated to bring to an end the need for judges to write in long hand. The provisions of the ACJA should be domesticated by all states. Its provisions which requires that criminal cases  should be concluded in 180 days and that application for stay of proceedings will not be entertained will go a long way in ensuring speedy dispensation of justice if fully implemented.

    Ahmed is the only one in a family of four that took to  law after their father, Chief Gani Adetota-Kaseem.  “Initially, I chose law because my dad is a lawyer, but when I realised that law can be a veritable tool for social change and a means of giving voice to the voiceless and putting smiles on the faces of those who never thought they could smile, particularly, the indigents, the zeal to becoming a lawyer increased”.

    He said he would have studied psychology. “The human mind and behaviour fascinates me. I would have loved to dig deep into how the human mind works,” he said.

    Though influenced by his father, the British Council Future Leaders Connect programme finalist said he had no regret being a lawyer. “Though the legal system is frustrating, particularly when you consider delays in trial and other things. I believe there are still a lot of things to cheer about”, he noted.

    Adetola-Kazeem is impressed with arbitration as a means of dispute resolution.            On his vision for the future the legal profession, he said, “I hope to see a profession where lawyers will practise with dignity, skills and  diligence and judges will administer justice speedily, efficiently and fairly. I hope to see a legal profession where lawyers are well paid and the dignity of the profession restored.

    Unlike some lawyers would want to do, he is not nursing any ambition to cross to the bench.  “I am too restless to be on the bench. I will love to remain at the Bar so that I can continue the very many things I am doing at the moment.

    He said he had no problem getting married to a lawyer, if that is what love brings his way. He said he would encourage any of his children who decides to follow his footpath. “I can’t be part of anything I won’t encourage others to be part of. I would encourage one or two of my children to read law to continue the legacy,” he said.

    “In the next decade, by Allah’s grace, I hope to be at the top of the profession in learning, character, honour, influence, service, humility, wealth and achievements. I hope to be an inspiration for my generation and coming generations,” he added.

  • ‘How women lawyers can succeed’

    Wife of Rivers State Governor Justice Eberechi Wike has advised women lawyers not to see themselves as inferior to their male counterparts.

    According to her, what a male lawyer can do, a female lawyer can do better.

    She said women lawyers ould succeed by being focused, and by working even harder.

    Justice Wike spoke at a session by the Women Forum of the African Bar Association (AFBA) at its just-concluded yearly conference in Port Harcourt, the Rivers State capital.

    Justice Wike advised women lawyers to choose their husbands carefully.

    Making the wrong choices about a partner, she said, could have repercussions on a women lawyer’s progress in the legal profession.

    Mrs Wike said women should continue to improve themselves academically and should not make excuses at the workplace.

    “Women must have a clear idea of where they’re going. No one should be static. Get more education and improve your capacity to earn more. Do something to improve yourself. Never stop learning. It is a continuous thing. You can learn by even listening to news.

    “Some women work not because of money but because they want to feel good about themselves and to improve the society in their own little ways. Women should invest. Don’t spend all your money on jewelry,” she said.

    According to Mrs Wike, women should not limit themselves. They should also choose their husbands carefully because “there are men who want you to depend on them”.

    She said every woman ought to be engaged because it would improve their self-respect and mental health.

    “Sitting down at home has a way of affecting you. A woman must have something she is doing. A woman must be careful the kind of woman she marries. If you marry a husband who wants a housewife, it will be difficult to actualise your dreams.

    “Always watch your husband’s temperament. Some men may feel insecure. Nobody is too big to suffer domestic violence. Parents should teach their children from childhood not to feel superior to their female siblings, like asking girls to go to the kitchen,” she said.

    Meanwhile, Also, Justice Elsie Johnson has urged women lawyers to enforce their right in court.

    She said they should “be quick” to litigate issues affecting women rather than complaining.

    “Take the matter to court. For instance, why would Nigeria sign treaties and not domesticate and enforce them? You can go to ECOWAS court and challenge them. You don’t even need to exhaust local remedy. Let us name and shame.

    “Take the mantle. Go to court and challenge the margina-lisation of women. You may not win, but someone somewhere could hear you. It’s also all about the politics of who hears the case,” Justice Johnson said.

    She urged women to choose career in which they have a passion for.

    “A lot of women don’t act like professional lawyers,” she said, and called for a change in their approach to work so that women can be reckoned with like their male counterparts.

    A Senior Advocate, Prof Ernest Ojukwu, urged women to take up leadership positions.

    He recalled that during his studies at the Nigerian Law School, no woman law student ran for the student representative council seat, despite urging them to do so.

  • Law Pavilion to honour 120 SANs

    Law Pavilion to honour 120 SANs

    Legal technologies solution provider and software developers Law Pavilion will celebrate 120 Senior Advocates of Nigeria (SANs), during the Nigerian Bar Association (NBA) conference, which coincides with the  firm’s 10th anniversary.

    The SANs are registered on the Pavilion’s platform and use electronic Law Reports.

    The senior lawyers are to be honoured in recognition of their intellectual foresightedness and immense  contribution to the development of law and justice in  Nigeria,

    Its Managing Director, Mr. Ope Olugasa, stated that the ceremony tagged: “Words in Gold for Senior Advocates of Nigeria”, is in recognition of the 120 Learned Silks’ contribution, which became obvious during the development of its product, Law Pavilion Prime – Africa’s first Legal Analytics Software.

    He said because data was being  mined from available reported cases from the Supreme Court  and Court of Appeal in the creation and development of Law Pavilion Prime, most of the identified  Learned Senior Advocates of Nigeria had appeared in many of these cases, either as Lead Counsel or part of the representation team.

    He said their contributions have been instrumental to the development of Nigerian law and  jurisprudence.

    As  part of the planned celebration, he said each of the identified  tech-adept Senior  Advocates of Nigeria, will be handed a compilation of his/her submissions in all the cases in the Supreme Court and Court of Appeal in which such Learned Senior Advocate has appeared as an  invaluable memorabilia

    and portable testament of the legacy of such Learned Senior Advocate.

    He said the compiled law reports will also serve as a first reference tool for future cases  regarding similar cases to be handled by such learned silks and others and a veritable tool in the compilation of books, essays or biographies about their  life and practice.

    Olugasa remarked that the Law Pavilion brand has been servicing the legal services industry for the past ten years and that the company is using the  opportunity of the 2017 NBA-AGC, to celebrate with its teeming subscribers and appreciate their patronage and loyalty for the past 10 years.

    He stated that the company would not rest on its oars of being innovative and  blazing a trail for other service providers to follow in the legal services  industry and Nigeria in general.

    As part of its commitment to the industry, he disclosed that the company will be unveiling commercially,  Africa’s First Legal Analytics software – The Law Pavilion Prime,  which is the result of more than four years of intense research and development, which involved more than 150 lawyers and software developers.

    For an industry that has been portrayed as being slow to adopt  technology, he said the innovations provided by Law Pavilion have changed that  narrative and shown that  with tailor-made solutions, legal practitioners in Nigeria are able to compete and rub shoulders with their contemporaries from advanced  jurisdictions, without hindrance.

  • ‘We can’t fight corruption in judiciary without financial autonomy’

    ‘We can’t fight corruption in judiciary without financial autonomy’

     Mustapha Ibrahim Imam was called to the Bar in 2003. He is the chairman of the Nigerian Bar Association (NBA) Ungogo branch in Kano State.In this interview with Legal Editor John Austin Unachukwu, he speaks on law and economic development, legal education, fighting corruption and other national issues.  

    When were you elected chairman of the Nigerian Bar Association ( NBA) Ungogo branch?

    I was elected chairman of NBA Ungogo Branch Kano, on June 13,  last year. The branch is relatively new. It  was created in 2013 by the then President of the NBA, Chief Okey Wali (SAN).

    As chairman of the branch,  what have you done to improve the welfare of lawyers?

    Yes, our branch is one of the beneficiaries  of the  appointment of new Justices of the National Industrial Court.  Our immediate past Branch Chairman,  Hon. Salisu Danjidda, is one the appointees. We really thank God for this appointment. The branch has effectively keyed into the plans of the NBA national for the welfare of our members.

    The Insurance policy is there, the discounts provided for lawyers through the NBA annuity card and so on we have keyed into them for the benefit of our members

    Acting President Yemi Osinbajo (SAN)  has approved the appointment of 17 judges of the National Industrial Court. What is your advice for the incoming judges?

    My advice  to the new Judges is for  them to see their appointment as  service to the nation and humanity. They should discharge their duties in accordance with the laws of Nigeria  and  the fear of God. Finally I pray for God to assist them in  discharging their duties effectively and efficiently in the interest of the country.

    Law and development have always gone together, how do you think  Nigeria can get out of recession through the law?

    No doubt, law is a fundamental tool for national and economic development.  That is why law has been described as an instrument of social engineering. We have laws that govern  every aspect of human endeavour  including  the  economy and therefore, if those laws are applied and implemented they will really assist the country toward achieving the desired national Development.

    There is no doubt that the laws governing business operations in the country are cumbersome, the process of commercial disputes resolution too slow except arbitration and other alternative disputes resolution mechanisms.

    Court processes are not efficient, registration of businesses are clogged here and there by one problem or the other. Some of our laws relating to business operations are outdated and that is why people have consistently called for the review of the Company and Allied Matters Act ( CAMA).

    The National Assembly can also make some specific laws to regulate some specific areas of the economy to enhance economic development.

    What of recession?

    Economic recession is a global issue that equally affect almost  the entire world and not Nigeria alone. Also, since the fall of the crude oil price at the international market,  a lot of global economies have fallen into economic  recession  especially the countries whose  major sources of income is petroleum like Nigeria. Therefore, we most formulate policies that will assist use in that direction.

    There have been calls  for the diversification of economy,  to develop other sources of foreign exchange for the country than oil, how do you think we can achieve this through  law?

    Yes, as a result of the current situation in the world, I think by now  our  policy makers should focus on diversification of  other areas of the economy such as agriculture and mineral resources. This will make the country not to depend on oil alone as the main stay of her economy. If we can formulate, enact and implement laws that enhance the development of other sectors just like the aforementioned  areas, then, it will enhance the development of other areas of the economy.

     How do you feel about the ongoing fight against corruption in the Judiciary?

    For me,  the government is not ready to put things right in the judiciary.

    The fight against corruption in the judiciary is misdirected, ill timed and unfair to the system.

    What do you mean by this?

    This is because  judiciary as one of the three arms of the government just like the executive and the legislative arms of government. Therefore, they should enjoy financial independence like the other arms of government  as stipulated by the constitution. This should be the first step toward fighting corruption in the sector.

    The budget of the sector should be enhanced, improved and increased well in such a way that the salaries of the judges and other personnel should be improved like that of our legislators. Most of our court infrastructures,  from the Magistrate, Sharia Courts  up to the High Courts of various states of the federation,  are dilapidated and are in need of urgent renovation. In most of the jurisdictions,  particularly in magistrate court and sharia courts, the Magistrate, Khadis,  judges etc use public transport to their various places of work. How do you fight corruption with these kind of inhuman and degrading  situation. Another problem is the  next is the procedure  the appointment  of the judicial officers, this is equally an area of serious concern. The procedure has been seriously compromised. It is only when these issues are properly taken care of  that  you can  talk about fighting corruption in judiciary.

    How  can  we fast-track justice administration and make our courts more efficient in justice delivery?

    The only answer to that is that when we implement the financial independence, we provide an enabling environment, good courts with facilities, employment of qualified staff, good salaries and other allowances etc. And above all, most of our Rules of courts should be amended to suit the current situation. All these will help toward good justice delivery in Nigeria.

    Acting President Yemi Osinbajo issued an executive Order  to improve the ease of doing business in Nigeria. What is your reaction to this.

    With respect to our regulatory agencies and service providers in the country at was a good welcome development to the country in general. This is because, with simple and easy policies, that will attract foreigners to come and invest in the country.

    How do you think it will affect different service providers, especially the power sector? 

    It will definitely affect every area of our national life. On critical area of power sector, this is very crucial because when you have a good power sector, it will catalyse economic development. So how do you think this will affect the power supply? This policy will not make power available, but  it will also  create  job opportunities and equally attract investment from foreigners. Generally Speaking, on this sector and more specifically from my state Kano State experience,  the current Company Kano Electricity Development Company ( KEDCO)  which is  handling the sector  is  doing its  best. This is because, since the coming of the current Mnagement of the company  came on board, the Electricity Supply in the zone has greatly improved. Before their coming on board,  people in some areas of the zone spent days, some even  weeks and months without electricity supply. But today, in most areas in the zone, people enjoyed up to one week uninterrupted power supply. I think the management of this Company KEDCO deserves  commendation by the Federal Government and if others should emulate them, then soon Nigeria will be a great country.

    What is your view about the calls for restructuring?

    For me it is the Bad governance that causes the call for restructuring. Since we have constitution which is the supreme law of the country and the leaders will abide by the provisions of the constitution, the rule of law, due process and equity, there will never be any agitation for restructuring. This applied for those with genuine intention about restructuring.  We equally, have another  categories of people that are calling for restructuring because they are being sponsored by those politicians who lost election in 2015. To this categories their agitation will fail because it is not a genuine agitation

  • Imprisonment of under-aged is unlawful, says Lagos govt

    Lagos State Government has described the imprisonment of underaged children as unlawful.

    The state Solicitor-General, Mrs. Funmilola Odunlam, made this known at Alausa, Ikeja during an interactive session with stakeholders on children welfare, including police and prison officers.

    She was referring to the recent freedom granted 185 juveniles from different prisons  by the Chief Judge, Justice Funmilayo Atilade.

    Odunlami restated the government’s support for the protection of the right of the children as enshrined in the Child Rights Act.

    She explained that the Child Rights Law prescribes sanctions for ofending children and providing  rehabilitation, rather than imprisoning term.

    According to the Solicitor-General, there is need to provide appropriate training for magistrates presiding over matters concerning children in conflict with the law as well as relevant stakeholders.

    She explained that  the appropriate court, which is Family Court, should be allowed to exercise jurisdiction on matters affecting minors.

    She said there was need for all hands to be on deck to checkmate incidences of restiveness among children through proper parental upbringing and societal support.

    “Parents must begin to assume responsibility for their children by being more alive to their responsibilities. Gone are the days when parents left their roles to religious organsiations and government”

    “Legal officers should also know their areas of jurisdictions and limitations as well as law enforcement officers so that appropriate authorities could be contacted when the need arises,’’ she said.

    Odunlami maintained that if appropriate courts were allowed to preside over issues that concern them, the incidences of sentencing minors to prisons would reduce.

    Stakeholders deliberated on issues regarding alternative means of punishing children and introduction of community services by Magistrates when sentencing the minors.

    They also sought for improved synergy between Ministry of Youth and Social Development and Women Affairs and Poverty Alleviation for the introduction of additional skills acquisition programmes for children in correctional centres and rehabilitation homes.

    The event was attended by Director of Public Prosecution, Mrs Titilayo Shitta-Bay, Head of the Family Courts, Justice Yetunde Idowu, Director of Citizens Rights, Mrs Clara Ibirogba,  Director, Office of the Public Defender, Mrs. Olubunkola Salami,   Director Community Service, Kareem Ikotun, and Controller of Ikoyi Prison Mr Julius Ezugwu, among others.

  • Daudu vows to sustain wife’s legacy

    Daudu vows to sustain wife’s legacy

    For late Mrs. Ranti Bosede Daudu, wife of former Nigerian Bar Association (NBA) President Mr. Joseph  Bodunrin Daudu (SAN), it was a harvest of tributes.

    The Nigerian Bar Association (NBA), Bar leaders, her colleagues,  lawyers, clerics, friends and others eulogised her.

    Mrs Dauda’s remains were buried at Commonwealth Cemetery, Ungwan Rimi, Kaduna, Kaduna State.

    The late Mrs. Daudu, a lawyer, humanist, care giver, and former Commissioner at the National Human Rights Commission (NHRC), died on July 6, after a brief illness.

    In his sermon at the Holy Family Catholic Church, Barnawa,  Kaduna where the Daudu family worships, the  Catholic Bishop of Sokoto Diocese, Bishop Matthew Hassan Kukah urged Christians to always live life worthy of emulation because: “ Christianity is the only religion that has a definite assurance for its adherents that is,  Jesus Christ came down from heaven, lived and died and went back to heaven to prepare a place for us, many mansions for us. He will come back to take us. He has given us assurance of what will happen to us when we leave this world, there is no speculation about that.

    “Since Ranti’s death, there have been speculations, people have been speculating, even when I die, this same people will speculate. Death is a reality which will come when it will come, but as Christians, our own is to pray because there will always be challenges. We should always put off anger, frustration and human sentiments  and put our trust in God”

    He cited the story of  Lazarus in the Bible and concluded that every dimension of the family is now under assault, whether economic, social, political etc but it is only faith and belief in God that will sustain us in the time of trouble. Mrs Daudu lived an exemplary life in caring for the vulnerable and less privileged in the society”  Kukah stated

    In his letter and tribute to his wife, J.B.Daudu ( SAN) said “ I remember  when we married,  you told me the story of how your father would himself have loved you  to be a lawyer and how he wished you read law. I took the hint and encouraged you to read law after your first degree in political science.

    “You were called to  the Nigerian Bar in October 1995, five months after I took silk and  one  year after the birth of our daughter Kikelomo (Beatrice) and you plunged yourself into legal practice with the same assiduousness and dedication, with which you executed all projects and assignments you chose to undertake.

    “But for the fact that you discovered your true calling in working for the less privileged, you would today have been a senior counsel (SAN) or even a judge. I remember when we were in Zaria, you came back one evening in tears that the pregnant mentally unstable woman that you used to take care of  had put to bed and was nursing her baby by the roadside near First Bank and that she would not let any person come near her and the baby except you that she recognised.

    “Indeed no one including government was willing or able to assist her and the new born baby. You requested for funds to enable you  take her and the baby to the hospital, after her treatment and discharge from the hospital, you took her to your parents’ house in Sabon-Gari, Zaria where she and her baby were housed and fed for six  weeks before you sent her to her home town. Such was the empathy and love with which you carried out your charitable work that I suggested that,  one day you will win the Noble Peace prize. Never mind that you did not win the Norwegian award but in my heart and for all times, you are always a Noble laureate, for that is how the Good Lord made you.

    “You evolved your charitable work into the All Children Charity International Foundation (ACCIF),  a non-governmental and civil organisation founded with the aim of meeting the needs of specially challenged persons and the underprivileged  especially children their civil rights and educational development. ACCIF’s mission is to be a passionate voice for change in all aspects of persons living with disabilities in Nigeria through better education, sustainable economic development, gainful employment and social protection for their special circumstances. To ceaselessly promote the rights and meet the needs of specially challenged persons and the underpriviledge particularly children. My evidence is relevant and admissible  that since 2005 when you set up this platform to assist special needs children, you achieved the mission and objective that you set out to achieve. I can assure you that as far as it is humanly possible we will ensure that the dream that ACCIF connotes will not die with your passage to eternal glory.

    ”In your lifetime, you were a loving mother, you showered motherly affection on our children such that till today each of them believes that he or she is your favourite. I used to marvel as a young lawyer,  how within our limited resources you used to ensure that your two  boys, Paul and Ben, wore new clothes to church every Sunday and when the girls came you continued with the same pattern. You were passionate about education and together we gave our children the best education in the world.

    At no time in all the homes that we lived in after 1991 did we have less than 10 people living with us; at a point, the number rose to 23, I am sure each of them can attest to the fact that you treated them in a motherly fashion and made the home conducive for them during the period of their stay, we had a happy home. Love pervaded the air, but as it is in every human relationship, particularly that of matrimony, there are bound to be hiccups and disagreements but whatever we disagreed upon was positive, loving and calculated to improve the unity and well-being of the family.

    ‘’There was no vicious abuse as some people  have alleged. Indeed, they have never visited our home. They are not my friends and I am sure that it was the Human Rights Commission that brought you together. Notwithstanding, I feel very pained that people of their  like  should insult your legacy because they want to take cheap political shots at me. They know that you are not around to deny or agree with them and so it is convenient to lie against your memory.  That is the aspect that pains me.

    “Some of your friends also went viral, dabbling into what they know little or nothing about, raining curses at perceived villains. I beg you to forgive them as I have done. I am tempted to mention names but I have restrained myself as I know you saw them and have forgiven them too. However, I find it difficult to overlook the mendacious statements of  a  former NHRC Chairman. I am torn between the words of Psalmist in Psalm 38.

    Darling, I know you are resting in peace and I take solace in John Donne’s holy sonnet ‘Death be not proud’

    ‘’As I stated all marriages have their ups and down but our disagreements started about five  years ago. We could have worked things out but it was not to happen. I thought there could still be a settlement in the middle of the court proceedings. God knows best. I know, however, that you are resting in peace; far removed from the cares and worries of this world. Rest in peace my love until we meet to part no more” Daudu ( SAN) stated. 

    Mr. Paul Babatunde Daudu said: “A princess whose very nature it was to nurture, regardless of whether the egg was from  her nest or not. It was not fault, it must be because she was royalty, born of a noble king, trust me she could not help it, like Princess Diana it was her DNA to care.

    ‘’As we today mark her passing on from this world to the next, we have an opportunity to examine her life with deep retrospect. Mrs. Ranti Daudu was simply put a “superwoman’’ A woman of many facets, she was mother extra-ordinaire, voice of the voiceless, matriarch to the community and an advocate for those living with disability. How did she find time for all this?

    Nevertheless, her pride and joy were always her children who she described as her “jewels of inestimable value’’ it was her wish for her precious to shine for the world to see no matter the cost. Our Pain was her pain and she celebrated milestone moments in our lives even more than us.

    ‘’Our mother meant the world to us and we to her as we shared an unimaginable bond. The  epitome of a devout Christian mother and a loving wife to our father. We are  indeed grateful for the role she played in nurturing all six of us into the persons we have all become today. We only pray that the Lord God this time grant us the fortitude to bear this loss and stand united to honour our dearly departed ‘’mommy’’ Paul Daudu stated

    Mr. Benedict Daudu said: “Albeit your departure was sudden and immensely painful, I now see more lucidly the magnificence of God’s work through you. Your achievements both as a mother and a leader are unfathomable . Shaping and guiding me and my brothers and sisters through life was your primary goal but over time God  showed you that there was so much love in your heart it was enough for the whole universe.

    Over the year, our families increased in number and your love continued   to flow relentlessly. I am often in awe at how you were always 10 steps ahead of a problem we were going to face. You were the epitome of kindness and humility. You pushed me to meet my goal and never hesitated to correct me when I was wrong. I have learnt so much from you mommy, but I know your sprit shall guide me. If angels walked amongst us, you were surely one of them. Your steps lit so many dark paths for people to follow and find footing your smile calmed the worried hearts and put shame to the wicked. Your voice soothed the needful and empowered those who lacked strength. Indeed you were a gift to not only our family but also the worlds. We  will miss you greatly mom! Our only solace is the knowledge that you are in a better place”. Benedict Daudu said.

    Former President of the NBA, Lanke Odogiyan described her as a great woman who lived out her life in the service of humanity and prayed God to help the family to sustain her legacy.

    In the same vein, the immediate past President of the NBA , Mr. Augustine Alegeh (SAN): “Commen-ded the Daudu family for giving her befitting farewell stating that the only consolation for the family is that she has gone to be with the Lord and may the good Lord give the family the fortitude, the strength and unity to move together as a family” Alegeh said.

    In their condolence massages, the Barnawa  branch of the NBA said:  “ The late Mrs. Ranti  Daudu was a great wife, sister, mother friend, colleague and above all, a humanitarian who touched the lives of many others. She lived well and has gone to be in the bosom of the Lord”

    Asiwaju  Adegboyega Solomon  Awomolo ( SAN) said: “  Ranti was a great mother  who sacrificially  kept her children  like the mother hen. She was a champion for preservation of women and children’s rights, particularly children that are challenged, her commitment to humanity was legendary, and we should celebrate her for a fulfilled life and career as legal practitioner of  repute” Awomolo ( SAN) said.

     

  • ‘ACJA has brought innovations to justice administration’

    ‘ACJA has brought innovations to justice administration’

    Mr. Lawrence Nwakaeti was called to the Bar in 2000. He is the Nigerian Bar Association (NBA) Owerri branch chairman. In this interview, he shares his views on law and  development, legal education and challenges of law practice, among others, with Legal Editor John Austin Unachukwu.

    Law and development have always gone together, how do you think our laws will assist us to get out of the current economic recession?

    To ensure that the deep dive is not lengthier, we need to be swift, quick and decisive in response to the challenges that confront us as a nation. Laws or legislations are no doubt instruments of help in that direction. For instance, three Acts of Congress signed by two successive presidents between 2008 and 2010 led to the end of the great recession of 2007-2009 in America. The American Recovery and Reinvestment Act of 2009 kick started the renewed economic growth in the United States. That way, they ensured the financial system does not collapse.

     How do you do that?

      You do that by injecting cash into troubled banks and money entering key struggling markets. Also, Troubled Assets Relief Programme with a very strong legislative backing was the second legislative step in the United States to end the recession. It has worked for other countries and it can work for us in Nigeria too. Loan tightening and interest rates would be eased by Troubled Assets Relief program. Then the third, Tax Relief, Unemployed Insurance Re-authorisation and Job Creation Act of 2010 strengthened the economic recovery by cutting the payroll tax and take attention to value added tax and continuing extended unemployment insurance benefits.

     What is the role of the Federal Government in this arrangement?

    The Federal Government also needs to get out of private sector’s way and limit its interference to monitoring and policy formation to protect the common good and ensure there is broad based economic growth. Our decisions need to be targeted, decisive,  not blanket and without focus. Economic growth prospects will be brightened in the true sense of it and not false hope. You will see that job losses will abate quickly through spending activated by the Recovery Act. The passage and very importantly, implementation of Laws that will redirect our attention from over-dependence on crude is also very important.

    People have called for the diversification of the Nigerian economy to develop other sources of foreign exchange than oil, how do you think we can achieve this through our laws?

     The problem with our country is not inadequacy of laws actually. We have plethora of laws that are either not implemented or were made without definite and decisive focus. We have the Nigerian Export Promotion Council Act made to promote the development and diversification of Nigeria’s export trade, assist in promoting the development of export oriented industries in Nigeria and other related matters and several others to diverse Nigerian economy. So, the question that really begs for answer now is how far we have gone to implement these “beautiful” laws that we have. The actual call now is for us to implement policies pointedly beyond craving for more laws.

    How do you feel about the on-going fight against corruption in the Judiciary?

     Fight against corruption is in itself a good fight and should be fought just like the biblical “good fight of faith”. However, the on-going fight against corruption in the judiciary with all due respect and sense of responsibility is not with the right approach. The invasion of the houses of JLaw Personalityudges’ house sometime last year is well known to all of us. But what has come of it? Nothing. Justice Ademola was discharged and acquitted.

    What do you mean by this?

     I mean that the DSS has nothing to do with discipline of judges at least for as long as they remain  Judges. If you look at the Part 1 of the third Schedule to the 1999 Constitution, discipline and removal of Judicial Officers is unequivocally vested in the National Judicial Council. That law was made for a purpose and let us allow that purpose to be fulfilled first. May be it is a matter of coincidence, but many of those judges who were subjects of the DSS raid had one or more cases that has to do with the DSS before them for hearing. I don’t want to pre-empt the ones that are yet to be decided but we are all watching. Fight against corruption wherein you adopt media trial strategy may achieve little or nothing. Fight against corruption is not just perceived or imagined. It should be done properly. Do good investigations before arrest and not just to arrest so as to attract public praise when at the end of the day, you dash  the hope of the masses. I am an advocate of fight against corruption in the judiciary because no society can go far with a corrupt judicial system. But what I advise is that the right approach should be adopted paying attention to laid down process of law especially as it relates to Judges because they occupy very sensitive positions in the society, a near sacred one if not sacred.

    How do you think we can fast track justice administration and make our courts more efficient in justice delivery?

    We have to start that by reviewing our procedural laws.

     Thank God for the Administration of Criminal Justice Act (ACJA) of 2015. Section 1 (1) of the Act says, “the purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice…” It has brought innovations to help fast track justice administration and make our courts more efficient in justice delivery. One of these provisions is section 306 which provides: “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained”. The revolutionary approach can also be found in section 396 (4), (5) and (7) which provides that “Where day-to-day trial is impracticable after arraignment, no party shall be entitled to more than five adjournments from arraignment to final judgment; provided always that the interval between each adjournment shall not exceed fourteen days.

    “Where it is impracticable to conclude a criminal proceeding after the parties have exhausted their five adjournments each, the interval between one adjournment to another shall not exceed seven days inclusive of weekends.

    “Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time. Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.

    Although this is yet only applicable at the federal level, Lagos has several similar provisions in the Administration of Criminal Justice Law of Lagos State (ACJL). The various states should start reviewing the applicable Civil and Criminal Procedural Rules and Laws.

    As chairman of the Nigerian Bar Association (NBA) Owerri branch, what have you done to improve the welfare of lawyers in your branch?

    As Chairman of the NBA, Owerri branch, together with all the excos, we decided that the welfare of lawyers at the branch level would not be compromised in any way either in policy making or through any other means. Very importantly, we have tried to ensure that our members partake and benefit from whatever package that is obtainable at the National level. The Bar Affinity Card is another means of welfare benefit and we encourage our members to get the cards. That is why we always encourage our members to do their part by paying their practicing fees and be up-to-date financially at the branch level too so that they can enjoy all benefits.

    Why did you go to court to challenge some policies of Imo State government. What was the judgment of the court?

    To answer the first arm of your question, I will simply say that we went to court to fight the course of Justice and stand firmly against glaring injustice especially for those who appeared defenceless in the society. And may I add that we will continue to fight against any appearance of injustice. More specifically however, we went to court to challenge an ill motivated policy of the state government to short change pensioners as per their pension entitlements by mischievously asking them to fill a form of undertaking on oath waiving their pensions. We stood against that and went to court. Another issue we went to court over was the wrongful dissolution and appointment of new members of the Imo State Judicial Service Commission. To answer the second arm of your question, the Judgment of the court was delivered in our favour and rightly too. The court ordered the state government to pay the pensioners their full entitlements and the mischievous form given to the pensioners was held to be a nullity. The court also held that the members of the Judicial Service Commission as recently constituted by the governor was illegal and declared their appointment a nullity and perpetually restrained those illegally appointed members from being reappointed. The judgment is fair to all concerned for the course of justice.

    The EBF has elected officers to run its affairs for the next two years, what are your expectations from EBF’s new governing council?

    I expect the newly elected officers of the EBF led by my good friend Arthur Elvis Chukwu, to build on the gains and successes of the last administration. We expect them to ensure continued unity of the Forum. The forum has been a pace setter for the other regional fora and we expect to continue that way. We are very ready to contribute in any way possible to achieve the goals of this regional professional body.

  • Taming the hate speech monster

    Taming the hate speech monster

    Rather than be the exception, hate speeches have become the rule, with groups spewing all sorts of inanities. To restore order, the government has proposed a law to punish sponsors of hate speeches. ROBERT EGBE writes.

    Most of the commercial motorcyclists popularly known as Okada riders who work around Kosofe in Mile 12, Lagos State, know Taofeek. His Okada and generator repair shop on Adebimpe Street, Kosofe, is one of the places they visit the most. Many of them speak Hausa and, not only does Isa fix their faulty Okada, he also engages them in the language.

    “I live for North for many years,” Isa told The Nation, “Many of my customers no even know say I be Yoruba because I dey speak Hausa well well.” He smiled, his eyes crinkling as he recalled a memory. “In fact, some of my customers wey no be Hausa dey even call me Aboki’.”

    Aboki is the Hausa word for ‘’friend’’ and it appears to be one of the most commonly used words in the language. In fact, it is so commonly used that it has become, for many non-Hausa speakers, a pseudonym for an Hausa speaker whose name they do not know. There is also another reason they chose to use the term for Isa. To many non-Hausa speaking Nigerians, especially those from the South, the stereotypical northerner is, like Isa, tall, slim and dark.

     

    Nature of hate speeches in Nigeria

     

    Isa, like many other Hausa speakers, may neither mind nor be aware, but some non-speakers of the language do not always use Aboki as an  endearment. Similar derogatory inferences have been coined by non-native speakers from many Nigerian languages. For instance, some non-Yoruba speakers mock the Yoruba as Ngbati Ngbati because of the frequent occurrence of the expression Ni igba ti meaning ‘when’ in Yoruba. Some Nigerians, especially those from the North, also deride the Igbo as Nyamri from yem miri meaning ‘give me water.’

    Expressions such as Ngbati Ngbati, Nyamri, or Aboki (when used derogatorily) form part of the lower rung of language which robs Nigerians of their dignity because of their ethnic, linguistic, cultural or religious affiliations. The higher rung consists of what is regarded as hate speech.

    According to the United Nations Committee on the Elimination of Racial Discrimination, hate speech includes threats incitement to hatred, contempt, discrimination or violence against members of a group on grounds of their race, colour, descent, or national or ethnic origin.

    In June 2016, Kano-based Centre for information technology and development (CITAD) published the result of its two-year monitoring of dangerous/hate speeches in Nigeria.

    The report captured over 6,000 hate items in 2015 compared to “a little over 2000 in the previous year,” 80 percent of which were found to emanate from “religious and ethnic narratives”.

    Also, the National Human Rights Commission (NHRC) said it received 153 petitions on hate and dangerous speeches expressed during the 2015 elections.

     

     

    Rise of hate

     

    According to ClTAD’s Hate Speech Monitoring Platform, religious and ethnicity constitute more than 80% of the 6258 items of hate and dangerous speech by Nigerians between June and December, 2016.

    CITAD’s statistics is corroborated by recent incidents of ethnic intolerance in the country.

    Last June 8, the Arewa Youth Consultative Forum (ACYF), a coalition of socio-political groups in the North, issued a three-month ultimatum to the Igbo in the 19 northern states to vacate the region.

    Led by its National President, Yerima Shettima, the group threatened that if the Igbo failed to leave by October 1, it would forcibly evict them.

    Its threat followed a sit-at-home protest organised by two pro-secessionist groups, Independent People of Biafra (IPOB) and Movement for the Actualisation of the Sovereign State of Biafra (MASSOB), in remembrance of the Biafra Republic.

    IPOB and its leader, Nnamdi Kanu, have also been accused of making and inciting hateful comments against other ethnic groups and the country.

    Kanu is out on bail following his arraignment at an Abuja Magistrates’ Court for alleged criminal conspiracy, intimidation and membership of an illegal organisation by Nigeria’s Department of State Services (DSS).

    On August 5, a group, Foundation for Peace Professionals (FPP), raised the alarm about an anti-Igbo song circulating in some parts of northern Nigeria.

    Last Thursday,the Director-General of the National Orientation Agency (NOA), Dr. Garba Abari said the agency had intercepted three anti-Igbo songs.

    He said: “NOA is in possession of at least three songs already recorded to preach hate in our communities. Two out of these songs are in mass circulation on social media, particularly on Facebook and YouTube.

    “The latest one was only released three days ago. The more disturbing part of this is that each of the songs appears to want to outdo the other”.

     

    Growing concern

     

    Many observers, including former Vice President Atiku Abubakar, a former Ghanaian President Jerry John Rawlings, Pan-Igbo group Ohanaeze Ndigbo, All Progressives Congress (APC) National Chairman Chief John Odigie-Oyegun, Second Republic governor of Kaduna State Alhaji Balarabe Musa, Minister of Information and Culture, Alhaji Lai Mohammed among others have expressed concern about the trend.

    Rawlings, who spoke in Lagos last Wednesday, advised Nigerians to stop issuing ethnic, tribal and religious threats, saying such acts may lead to war.

    Same day, Odigie-Oyegun described the rising wave of hate speech as fallouts of the 2015 presidential election.

    He said: “Every ethnic based crisis of whatever nature had started with hate speech.

    “When people within the same country frame and define one another in the manner intended to set them up for violent attack, then they are setting themselves up for a major disaster.”

     

    Why we hate

     

    CITAD’s research identifies seven drivers of hate in Nigeria, an understanding of which can help the government develop appropriate strategies for combating hate speech.

    They are increasing impoverishment of the people, opacity in government, perceived marginalisation, elites’ tussle for positions, politically exposed persons seeking to prevent their trial for corruption, governments failure to resolve communal conflicts and an unhealthy attitude to elections.

    The report adds: “Much of the hate speech arises from perceptions associated with action or inaction of government.

    “Others are located within the complex contest of space and resources by various ethnic groups in the country.

    “Not least is also the rise of new violent groups such as the Niger Delta Avengers as well as the continuing Biafran agitation. We feel that the country more than any other time is called upon to manage its diversity. This means that opening spaces for genuine conversation towards promoting national understanding is needed.”

     

    Government’s response

     

    The government which has yet to arrest the members of the Arewa Youth Consultative Forum (ACYF) which issued the quit notice and has also ignored allegations that Kanu has been making inciting comments contrary to his bail conditions, is now clearly worried about the ethnic tensions.

    Last Thursday, Minister of Interior Lt.-Gen. Abdulrahaman Danbazzau said the government would soon forward an Executive Bill to the National Assembly aimed at checking the growing trend of hate speeches.

    He said: “What we have done now is to submit a draft bill to the Ministry of Justice on hate speech, which will go as an Executive Bill after passing through the Minister of Justice and Attorney-General of Federation. The draft contains the laws and punishment for hate speeches.

    “This should not be allowed in this country. Everybody is entitled to belong to his religion and no one chooses the tribe he wants to be born into. That is how God wants the person to be and there is absolutely no reason for hate speech.

    “If the National Assembly passes the bill, certainly anybody who engages in hate speech will be prosecuted in accordance with the law of the country.”

     

    Is a new law the solution?

     

    How will the proposed law to curb hate speech fare? Can it solve the problem? Prof Konyisola Ajayi SAN, Dele Adesina SAN and SAN designate Festus Keyamo urged the government to examine the root cause of hate speech for a lasting solution.

    Ajayi observed that hate is concerned with one’s state of mind. He urged the government to go beyond enacting and enforcing laws and seek ways of positively engaging the psyche of Nigerians.

    “Hate is a malaise of the mind that goes beyond the arms of law but rests in the arms of men,” he said.

    Adesina advised the government to  find a way to unite the country apart from the threat of legal punishment for makers of hate speech. He noted that a frank discussion between leaders of ethnic groups and other stakeholders might go a long way to permanently solve the underlying causes of hate speech.

    He said: “I would rather suggest a political solution rather than a legal one. Not all problems can be addressed legally. A political solution may be more expedient. We should sit down and appraise the situation.

    “What are the things that are happening now which were not happening before? What is the bone of contention now which was non-existent before? Why is patriotism and nationalism  beginning to fade away in preference for statism and people getting more loyal to their tribes? How can that be arrested? What can promote greater unity and cohesion?

    “Can you legislate unity? No. Can you legislate patriotism? No. But you can provide an atmosphere that will make nationalism inevitable, an atmosphere that will promote patriotism, unity and friendliness. That is what we need now as a nation. We have to learn to demonstrate respect for the tribes and nations in Nigeria.”

    Adesina urged Nigerians to emphasise things that bind rather than what will cause separation.

    He added: “We need to set up an avenue for confidence building where every tribe, every ethnic group can be convinced that we need this nation as much as this nation needs us. It is this confidence that is going down that has given rise to hate speech. Political solution as against legal solution can arrest this problem. “

    He advised the framers of the new law to consider its constitutional validity so as not to contradict free speech.

    “The problem of constitutional validity too will pose a challenge. How do you draw the line, at what stage do you put a stop to freedom of speech and expression? That will be a veritable question for the drafters of the bill,” Adesina added.

    Keyamo lay the blame for much of the agitations on the doorstep of “local champions.” He noted that it was okay to disagree but not okay to disrespect.

    He said: “The problem we are facing is that we now have a high turnout of local champions whose easy route to fame is to denigrate and abuse other tribes and spew out hate speeches in order to whip up emotions of people of their tribes.”

    “It is so because Nigeria has never addressed the issues raised by this type of people decisively. Why do I say so? It’s because you either address the issues they are talking about once and for all, so that anybody who steps out of the line will be dealt with decisively.”

    Keyamo berated past Nigerian governments for failing to address the national issues that provide ammunition for makers of hate speech.

    He said: “In order words,    restructure the country, give everybody a sense of belonging and then you can put people who make these hateful statements out of work.

    Keyamo observed that there were differences between speeches made in support of self-determination and hate speeches.

    He said: “There is a difference between agitation for the right to self determination as guaranteed by the United Nations, which I support, and hate speeches.

    “I do not subscribe to hate speeches. I do not subscribe to self-determination through the use of or in the mould of hate speeches. You can pursue self-determination without denigrating other tribes. “

    Keyamo emphasised that the Federal Government “has no right to clamp down on people who are peacefully agitating for self determination.

    “But I will support the Federal Government clamping down on those who are promoting hate speeches.

    “The government must deal with them decisively in accordance with the law, because hate speeches can whip up unnecessary emotions that will lead to the loss of millions of lives in unnecessary warfare.”

     

  • ‘Strange’ things judges, lawyers do

    ‘Strange’ things judges, lawyers do

    Law is an interesting profession. Practitioners describe themselves as “learned”. To them, other professionals are ‘’educated’’. But it is not all law when they are in court. There is room for some drama. Some lawyers share their experiences of courtroom drama with ROBERT EGBE.

    Shaming litigants

     

    On April 20, 2016, a Lagos lawyer Ugochukwu Ukamba sat on the front row in a courtroom at the Federal High Court in Lagos. There were a few cases on the case list ahead of his, so he passed time by watching the proceedings while waiting for his matter to be called. Two cases caught his attention.

    He said: “The first, a litigant who had been convicted and sent to prison sued the prison authorities for keeping him in prison beyond his prison term. In the main, his contention was that the prison authorities were wrong to have kept him in prison beyond his prison term and that he was entitled to damages.

    “In the circumstances of this case, one would have expected some sort of outrage from the judge, particularly considering that the prison authorities had not deemed it fit to file a response to the claims, despite being served with the court process. The judge asked the claimant’s counsel a rather worrying question: ‘Was he (the litigant) not eating while he was in prison? Who will pay for the food he ate?’

    In the second case, a litigant had sued the court bailiffs for exceeding the orders granted by the court. The litigant was a judgment debtor in a previous proceeding wherein the court had ordered the court bailiffs to attach his moveable properties in satisfaction of the judgment debt. Rather than attach only his moveable properties as directed by the court, the bailiffs also attached his immovable properties and locked the litigant out of his property for more than one week. The court, again, asked: ‘You were locked out for a week? Have you been allowed to enter your property?’

    “The questions in both cases were asked flippantly!”

    Ukamba concedes that when judgment is entered in both cases, it may well be in the claimants’ favour. But what he finds troubling is that “the attitude of the judges under reference appears to suggest that the claimants were pestering the courts with these trivial claims that could have been easily overlooked.”

    In his article, ‘Trivialising Justice: A culture of shaming poor litigants?’ Ukamba explains why this could happen.

    He said: “The judges’ sentiments are not without basis. If you have the faintest knowledge of the arduous conditions under which they work, you would sympathise with, and appreciate their reluctance to be weighed down by seemingly ‘mundane’ claims.”

    He noted, however, that this does not justify disdain for ‘small claims’ by the courts. He warns that such attitude might embolden ‘oppressors’of the ‘common man’ to further flagrantly infringe the rights of the oppressed.

    “Again,” Ukamba adds, “if a poor litigant – who, perhaps, has put himself through considerable strain to pay for the services of a legal practitioner – is made to feel like a burden to the court. This may create a sense of apprehension in the litigant to approach the court in the event that there are future infractions on the rights of the said litigant.”

     

    Soliciting bribes to

    kill a case

     

    Maduka Onwukeme and his client left the courtroom in Lagos as soon as their matter was concluded. His client, a busy man, had to make preparations for a trip to Dubai. They were hurrying to the car park when the prosecutor in the case ran out and joined them, brandishing the devotional of a popular orthodox Pentecostal church.

    Onwukeme narrates the story. He said: “Grinning from molar to molar, he calls us aside and tells us: ‘I can kill the case. Just pay N20,000.’

    “I couldn’t get my eyes off his unkempt coat and badly worn out shoes as I wondered how come he never wore good clothes with the demand for bribes and dirty money.

    “He was proudly holding the devotional he carries about in piety that made me conclude that only a mediocre will come to court with devotionals and praying books and not law books.

    “Well, I told my client who was desperate as he had to postpone his trip to Dubai many times on account of the case, like I always tell them not to give the guy a kobo. We eventually beat him in court and my client walked home free, saved from a six-month jail term and in time to travel the next week.

    “I know Mr.  Prosecutor will be in his church with a big bible and his usual devotional praying in tongues, but ready to receive and demand bribes next week.”

     

    Barring journalists from

    non-sensitive matters

     

    The common law rests in the bosom of the judge, so a legal maxim goes. This is because judicial officers are the repositories of the law. In a courtroom, they have the final say on what the law is or is not. They are presumed to know, for instance, that court proceedings are open to the public, including the press, except in exceptional cases such as matters involving national security, protection of minors, or other such sensitive issues.

    But, sometimes, things go awry.

    Last June 23, a judge of a Lagos High Court expelled journalists from three national newspapers from his court at the prompting of a government lawyer.

    The judge gave the order when lawyer complained about journalists always being in court to cover proceedings in the case.

    The case was a civil matter between several companies and the government.

    As the lawyer expressed concern that the press had been “employed” to cover the proceedings, the judge reportedly asked: “Are there journalists here?”

    She sternly asked them to identify themselves among the people sitting in the gallery and “honourably” walk out of the courtroom to save themselves from being “fished out and embarrassed” by the policemen attached to the court.

    The journalists in the courtroom stood up walked out immediately.