Category: Law

  • How to build strong  democracy, by Lalong

    How to build strong democracy, by Lalong

    How can a solid foundation be laid for democracy and good governance? It is by building strong institutions through sound laws, says Plateau State Governor  Simon Bako Lalong.

    He spoke while  signing the Plateau State  Revenue Consolidation Law 2017 and the Plateau State Independent Electoral Commission Law as Amended.

    Lalong said: “Since the inception of our rescue administration, I have ensured that we remained focused on putting in place legal instruments that will make for the establishment and operations of institutions which will enhance the political and socio-economic well being of our citizens.

    “The building of strong institutions through sound laws have remained undoubtedly one way through which the solid foundation upon which democratic practices such as citizens participation, respect for human rights and dignity, economic freedom, social welfare and the control of the Abuse of Power within a democratic space can be guaranteed.

    “It is with this consciousness in mind that we took time to identify flaws and areas of conflicts in the laws which have been amended and the new ones formulated to ensure we have instruments that have been enriched with the experiences of the past, present realities and expectations of future challenges to effectively conduct the business of government.

    “The Revenue consolidation law as outlined in the Synopsis presented, will chiefly provide for the reinforcement of the Revenue Collection System through a functional Administrative Structure and harmonization of the various rates, levies and taxes that are collected by ministries, departments and Agencies of Government, as well as by the Local Government Councils in Plateau.

    ‘’We have not left anyone in the state in doubt as to the precarious financial position of the State, and should we relent in capturing all State Revenue Sources while also blocking leakages, finding a means of providing for the several developmental needs of the State will remain an illusion, given the current State of economic challenge the country is going through.

    It is my expectation that with the Revenue Consolidation Law, the State Internal Revenue Service, all MDAs and Local Government Councils will ensure strict enforcement and collection of rates, levies and taxes due to state.

    “The Plateau State Independent Electoral Commission (PLASIEC)  and other related matter new law will not only regulate the conduct of elections, the structure and functions of local councils, but will also provide for the creation and administration of Development Areas, in keeping with the yearnings and aspiration of our people. With this law the ball has now been squarely placed in the court of the Plateau State Independent Electoral Commission, to execute her primary mandate in line with the provisions contained therein.

  • Cameroonian lawyers protest colleague’s detention  

    A group of Cameroonian lawyers has protested what they described as abduction, arrest and illegal detention of the Vice-Chairman, Central African chapter of the African Bar Association (AFBA), Mr. Felix Agbor Nkongho.

    They claimed that Nkongho’s arrest and detention were the height of dictatorship by the oppressive regime of President Paul Biya.

    They spoke at the African Bar Association (AFBA)  conference, in Port Harcourt, the Rivers State capital

    In a chat with The Nation, leader of the group, Mr. Andang Geofred Ndeh, said: “We are demonstrating here simply because the Vice-President of the AFBA for West Africa, Mr.  Felix Agbor Nkongho was abducted or kidnapped since January 17, 2017, because there was no warrant for his arrest.

    “He was ferried over night to Younde and since then, he has been languishing in Kondengi,   the dungeon which is one of the most dreaded prisons of the government of Cameroun known as a detention camp, on the trumped up charges that if he is convicted, he would pay the ultimate  price for an offence which does not even exist,  but in Cameroonian law.

    “He is charged with inciting the public, secession and other treasonable offences, simply because he led a protest asking for the government to immediately redeploy 10 Civil Law Magistrates that were transferred to render justice in the Anglophone provinces to a people who know nothing in French,  the Magistrates and Judges equally understand nothing in English Language.

    ”We are simply asking Nigerian and the African Bar Association to bring pressure to bear on President Paul Biya and his cronies to, without any delay, cause the release of our detained colleague,” he said.

  • Conference to prepare lawyers for local, global challenges

    In the last 20 years, Mr Layi Babatunde (SAN) has been supporting the annual conference of the Nigerian Bar Association (NBA) through his law firm. He speaks with ADEBISI ONANUGA on preparations for this year’s conference starting on Friday in Lagos

    In what ways would you say preparations for this year’s Annual General Conference of the Nigerian Bar Association (NBA) promises to be a unique event?

    Judging by what is the public domain, the conference promises to be unique in a number of ways principal of which,  is that the entire conference will run digitally . The NBA has promised to provide each conferee a tablet on which he can conduct the business of the conference as well as his law practice , research wise .it is  like taking your library with you , while attending the conference .  This is a pioneering effort and we pray it works out fine . We look forward to enjoying the camaraderie that usually attends the conference .

    Is there any way in which you think the controversy surrounding NBA leadership may affect this conference?

    I hope you are not alluding to some  disruptive events that sometimes happen in some State House of Assembly or even in Abuja ? The NBA is one big family and whatever differences there may be , whether on matters of principle or otherwise , will be resolved without destroying our common heritage . There are not many professions  in which it  ‘s practitioners  proudly address themselves as’ learned  friends.‘ That should count for something  and it does . The Bar is one and we are all gentlemen, even when we hold strong views .

    What exactly is the importance of this conference to practitioners and legal practice?

    The  friendship that pervades the Bar is a fertile ground to cementing the chords of National Unity , especially at this time when there are several discordant voices all over. The friendship that has been built and  are being built, is part of what we celebrate annually, when we gather at our annual conferences  Indeed the conference recreation Centre is appropriately named.‘ Friendship Centre’ . This conference is also set to examine the business environment and the legal regime that supports it within the continent.    As you know, Law practice is in itself a business so we expect to leave the conference better prepared to serve  our clients locally and internationally. We need to grow this economy and expand it’s base . This conference in a way , should be part of showing the way .

    As the Editor-in-Chief of the Supreme Court Reports, aside from your usual support for the conference, in what other specific ways are you contributing this year?

    For almost 20 years now, we have consistently supported the Bar locally and nationally and we are proud of our rich history in that regard . This time around, the NBA sought our partnership, that as the official law reporters of the Supreme Court, the organizers  will like us to support the confrence with our authoritative  Supreme Court report . The appeal to us was that , in view of the  critical importance of  credible law reports to quality  law practice,  the organizers want the conferees to have the best in law reporting on the NBA conference tablets, yet under a sacrificial arrangement of six months subscription at no cost. We agreed to make the sacrifice, in the  bigger interest  of the Bar,  particularly our younger colleagues. What we have done is extraordinary in that we will be offering our colleagues at the Confrence our latest effort My SC extra , with it’s unique features and content .

  • Nigerian lawyer bags Mandela Washington Fellowship award  

    A Nigerian and Lagos-based lawyer, Ahmed Adetola-Kazeem was among 1000 young Africans honoured with the Mandela Washington Fellowship for Young African Leaders by the U.S government through the U.S Department of States.

    Adetola-Kazeem, was conferred with the prestigious award on August 3 2017  in USA for founding Prisoners’ Rights Advocacy Initiative (PRAI) out of a total of 64,000 young Africans that vied for the award.

    He bagged the award for the recognition accorded him for his activities that had led to the release of many prisoners held without trial as well as rehabilitating them and influencing procedural change to reduce periods of detention pending trial.

    He was equally honoured for establishing Q-MADI Taekwondo Club where underprivileged street children are transformed into responsible champions.

    The Mandela Washington Fellowship for Young African Leaders, launched by the Obama administration in 2014, is the flagship program of the Young African Leaders Initiative (YALI) that empowers young people through academic coursework, leadership training, and networking.

    This year , the Fellowship provided 1,000 outstanding young leaders from Sub-Saharan Africa with the opportunity to hone their skills at a U.S. college or university with support for professional development after they return to their respective home country.

    While in the USA, he had the opportunity of spending six weeks at the Presidential Precinct, a consortium, consisting of the University of Virginia; William & Mary; and the homes of three founding fathers of United States  – Thomas Jefferson’s Monticello, James Madison’s Montpellier, James Monroe’s Highland; as well as Morven, home of Jefferson’s friend and Secretary, William Short.

    As part of this program, he had the opportunity of engaging with over one hundred academic, government, private sector, and nonprofit leaders throughout the six weeks.

    He was exposed to a first-class, cutting-edge curriculum that features three overarching themes including leadership, service, and solutions.

     

  • Wike: Uphold rule of law

    RIVERS State Governor Nyesom Wike  has urged  African Bar Leaders to use their position to uphold the rule of law and save  democracy on the continent.

    Receiving  participants to the African Bar Association (AFBA) conference held in Port Harcourt, the state capital at the Government House, Port Harcourt, Wike said they should work towards upholding the rule of law and strengthening democracy in Africa. Wike frowned at a situation where ruling parties use coercive state instruments to kill opposition and rig elections. He also decried a situation where ruling governments stifled opposition perpetuate themselves in office.

    He said: “The Former President of Tanzania, Dr. Jakaya Mrisho Kikwete,  by his visit has done us much good by his presence in Nigeria, through him, we will send a message to the rest of the world.

    “AFBA can play the role of a watchdog and support for civil society organisations, Non Governmental Organisations (NGOs)  to institute good governance across the continent. Rigging elections and stifling opposition generate insecurity and block investment in any country. Former Minister for  Youth Development  who is chairman of Nigeria Forum (AFBA)  Mr. Inuwa  Abdul-kadir stated that AFBA will do  everything  in its power to  uphold the rule of law and deepen democracy in the continent. Above all, the association will assist African leaders to make better law for the welfare of their citizens, development of the region and drastically reduce the chances of conflict in the region. Former president of the Nigeria Bar Association OCJ  Okocha (SAN) said Rivers State is peaceful and always ready for investors.

    Rivers State Attorney General and Commissioner of Justice, Emmanuel Aguma (SAN) commended Wike for reforms in justice delivery and the promotion of access to justice.

  • Administration of Criminal Justice Act 2015:  Innovations, challenges and way forward

    Administration of Criminal Justice Act 2015: Innovations, challenges and way forward

    Text of a paper delivered by the Presiding Justice, Court of Appeal, Lagos Division, Justice Mohammed Lawal Garba, at this year’s lecture of the National Association of Judiciary Correspondents.

    Introduction

    The criminal justice administration regime before the enactment of the Administra-tion of the Criminal Justice Act (ACJA) 2015, had each State in Nigeria adopt either the Criminal Procedure Act in the Southern States or the Criminal Procedure Code in the Northern states. Over the many years of the existence and operation of these legislations, the Criminal Justice System in Nigeria was in a state of perpetual decline, the legislations had loopholes, voids and inconsistencies, such that it was effulgent that they could not address the rising needs of society in a democratic government. The ACJA was therefore welcomed with an air of relief as it makes affiances of speedily bringing criminals to book as well as protecting the victims of crime; amongst other things. This was a commitment yearned for by the entire criminal justice administration sector and the society at large.

    The ACJA 2015 merges the main provisions of the Criminal Procedure Act (CPA), Criminal Procedure Northern State Act 2004 and Criminal Procedure Code (CPC) into one principal Federal Enactment, which applies to all Federal Courts across the Federation as well as all courts of the Federal Capital Territory (FCT), but it does not apply to a Court Martial.

     

    The purpose of the Act

    Section 1 of the ACJA succinctly  states that the purpose of the 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, protection of the society from crime and protection of the rights and interests of the suspects, the defendants and the victims.

    This purpose as set out in Section 1 is indicative of a paradigm shift in the criminal justice system; from the punitive approach to a restorative one, with the needs of the society, victims, vulnerable persons and human dignity at the forefront.

    As a result, the ACJA has introduced innovations, which aims to enhance the efficiency of the criminal justice system. It contains 495 sections divided into 49 parts.

     

    A look at the innovations

    There are 27 notable innovations in ACJA 2015, which I intend to make the fulcrum of this discourse.

     

    Unlawful arrest 

    Previously, the police under Section 10 of the CPA could arrest a person without a warrant. This includes any person who has no ostensible means of sustenance and who cannot give a satisfactory account of his/her activity. This led to a practice of Police and other law enforcement agencies arresting friends and close relatives of the suspects even when they are not linked in any way. This thankfully is now prohibited. Sections 2 – 7 of the ACJA sets out the procedure to follow when arrests are carried out by the Police. Of interest is Section 7 which prohibits arrest in lieu. Accordingly, it is prohibited to arrest another person in place of a suspect. This provision of the ACJA if adhered to in the observance as opposed to in the breach, would likely reduce congestion in the Prisons, Police cells and other detention facilities.

     

    Notification of arrest 

    Section 6 of the ACJA has maintained the provisions of Section 5 of the CPA and Section 38 of the CPC with regards to notification of cause of arrest. However it has further expanded its scope by the provision in sub section 2 mandating Police Officers or any other person to inform the suspect of his right to:

    1. remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
    2. consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest;
    3. free legal representation by the Legal Aid Council of Nigeria, where applicable.

    The most striking thing about Section 6 of the ACJA is the balance it has created with other laws like the National Human Rights Act 2010 and the Constitution of the Federal Republic of Nigeria 1999.

     

    Humane treatment of an arrested person and

    prohibition of arrest in civil cases 

    Section 8 ACJA provides that a suspect shall: a. be accorded humane treatment, having regard to his right to the dignity of his person.

    1. not be subjected to any form of torture, cruel, inhuman or degrading treatment.

    It further provides in subsection 2 that a suspect shall not be arrested merely on a civil wrong or breach of contract. This stipulation seems to be designed to curb malicious instigation of arrests, detention or prosecution of another as a result of a civil case or an infraction which does not constitute a criminal wrong.

     

    Inventory of property by

    the police

    Section 10 of the Act mandates the police upon arrest of a suspect to take inventory of all items or property recovered from the suspects and the police officer and the suspect must duly sign the inventory. However, where the suspect refuses to sign, it shall not invalidate the inventory. This provision further directs that a copy of the inventory shall be given to the suspect, his legal practitioner or such other person as the arrested suspect may direct. It permits the police to release such property on bond upon request by either the owner of the property or parties having interest in the property, the police officer shall make a report to the court of the fact of the property taken from the arrested suspect and the particulars of the property. The responsibility is given to the court to decide whether to release the property or any portion of it in the interest of justice to the safe custody of the owner or person having interest in the property. This provision is aimed at ensuring accountability and transparency.

     

    Recording of arrests

    Section 15 (1) & (2) of the Act provides that the process of recording personal data of suspect shall be concluded within a reasonable time of the arrest of the suspect, but not exceeding 48 hours. This is to prevent unreasonable pre-trial detention by the police and other law enforcement agencies.

     

    Electronic recording

    of confessional statement

    of suspects

    Section 15 (4) of the Act provides that where a person arrested with or without a warrant of arrest volunteers to make a confessional statement; the police officer shall record the statement in writing and may record the making of the confessional statement electronically on a retrievable video compact disc or such other audio visual means. Subsection (5) goes further to provide that notwithstanding the provision of subsection (4), an oral confession of arrested suspect shall be admissible in evidence. This provision is aimed at curbing allegations of violence on suspects while in custody and to prove the voluntariness of that statement in court.

     

    Establishment of a Police Central Criminal Registry

      Section 16 (1) of the Act provides for the establishment of a Central Criminal Records Registry to keep records for future investigation, prosecution and adjudication. It provides that the Registry is to be established at every state Police Command which shall keep and transmit criminal records to the Central Records Registry. The Act also makes it mandatory to transmit decisions of courts in all criminal trials to the Central Criminal Records Registry within 30 day safer delivery of judgment. Prosecutors will be able to use this Registry to verify past records of suspects.

     

    Recording of statement

    of suspect

    Section 17 of the ACJA provides that where a person is arrested on allegation of having committed an offence, his statement shall be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council, official of a Civil Society Organisation, a Justice of the Peace or any other credible person of his choice. The Legal Practitioner or any other person mentioned in this provision shall not interfere while the suspect is making his statement. Where a suspect does not understand or speak or write in the English language, an interpreter shall record and read over the statement to the suspect to his understanding and the suspect shall then endorse the statement as having been made by him, and the interpreter shall attest to the making of the statement. The interpreter shall endorse his name, address, occupation, designation or other particulars on the statement. The suspect shall also endorse the statement with his full particulars.

     

    Quarterly reports

    Section 29 mandates the Inspector- General of Police/Commissioner of Police and the head of every agency authorised by law to make arrests to remit quarterly records of all arrests made with or without warrant in relation to federal and state offences within Nigeria to the Attorney-General of the Federation or within the states to the Attorney-General of the state.

     

    Release on bail

    Section 30 provides that where a suspect has been taken into police custody without a warrant for an offence other than an offence punishable with death, the officer in charge of a police station shall inquire into the case and release the suspect arrested on bail subject to subsection (2) of this section, and where it will not be practicable to bring the suspect before a court having jurisdiction with respect to the offence alleged, within 24 hours after the arrest.

     

    Power to release on bail before charge is accepted

    Section 31 provides that where a suspect is taken into custody, and it appears to the officer that the inquiry into the case cannot be completed forthwith, he may discharge the suspect on his entering into a recognizance, with or without sureties for a reasonable amount, to appear at the police station and at such times as are named in their recognizance unless he previously receives a notice in writing from the police officer in charge of that police station that his attendance is not required.

    Subsection 2 of the said Section 31 further provides that a recognizance under subsection 1 of this section may be enforced as if it were a recognizance conditional for the appearance of the suspect before a Magistrates Court or the place in which the police station named in the recognizance is situate.

     

    Report to supervising

    magistrate

    Section 33 provides that an officer in charge of a police station or an official in charge of an agency authorised to make arrest shall on the last working day of every month report to the nearest Magistrate the cases of all suspects arrested without warrant within the limits of their  stations or agency whether the suspects have been admitted to bail or not.

     

    Chief Magistrate visit to Police Station

    Section 34 provides that the Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.

     

    Returns by Comptroller- General of prisons

    Section 111 provides that the Comptroller-General of Prisons is to make returns every 90 days to the Chief Judges, President of the National Industrial Court and the Attorney-General of the Federation of all persons awaiting trial held in custody for a period beyond 180 days from the date of arraignment. The returns shall be in a prescribed form and shall contain information such as: a. The name of the suspect held in custody or Awaiting Trial  b. Passport photograph of the suspect  c. The dates of his arraignment or remand  d. The date of his admission to custody e. The particulars of the offence with which he was charged f. The courts before which he was arraigned g. Name of the prosecuting agency h. Any other relevant information.

    Upon the receipt of such return, the recipient shall take such steps as are necessary to address the issues raised in the return in furtherance of the objectives of the Act.

     

    Women Sureties

    Section 167 (3) of the Act has cured the long defective practice where women were constantly denied the right to stand as sureties for the purpose of bail. Section 167 (3) provides that a person shall not be denied, prevented or restricted from entering into any recognizance or standing as surety for any defendant or applicant on the ground only that the person is a woman.

     

    Prosecution

    Section 106 of the Act has laid to rest the issue of lay prosecutors as was endorsed by the Supreme Court in FRN vs. Osahon (2006) 5 NWLR (PT 973) 361 at 406. It provides that prosecution of all offences in any court shall be undertaken by: a. The Attorney – General of the Federation or a Law Officer in his Ministry or Department b. Legal practitioner authorised by the Attorney-General of the Federation  c. A legal practitioner authorised to prosecute by law.

     

     Professional bondsperson 

    Section 187 provides for the registration and use of Bondspersons and gives the Chief Judge the powers to make regulations for the registration and licensing of bondspersons. The Bondspersons may undertake recognizance, act as surety, or guarantee the deposit of money as required by the bail condition of any person granted bail by the court within the jurisdiction in which the bondsperson is registered.

    The Chief Judge is given the power to withdraw the registration of a bondsperson who contravenes the terms of his licence.Where a bondsperson arrests a defendant or suspect who is absconding or whom he believes is trying to evade or avoid appearance in court he shall immediately hand him over to the nearest police station. The defendant must be taken to the appropriate court within twelve hours of his arrest.

     

     Remand proceedings

    Section 294 of provides that a suspect who is yet to be charged with an offence can be ordered by a court to be kept in prison custody, pending his bail, trial or release. It further provides that the remand must be for a probable cause. It sets out conditions wherein the court will take in establishing probable cause for a remand. These conditions are: a. The nature and seriousness of the alleged offence. b. Reasonable grounds to suspect that the suspect has been involved in the commission of the alleged offence. c. Reasonable grounds for believing that the suspect may abscond or commit further offence where he is not committed to custody; and  d. any other circumstances of the case that justifies the request for remand.

    Under Section 295 of the Act, the court in considering an application for remand may grant bail to the suspect brought before it. Section 296 of the Act provides time frame for remand orders. It sets14 days in the first instance and a further 14 days extension. At the expiration of the extension, the suspect shall be released unless good cause is shown for a further remand order not exceeding 14 days.

     

    Plea bargain

    Section 270 of the Act provides that the defence can write to the Prosecution for plea bargain. The prosecution may enter into plea bargain with the defendant, with the consent of the victim or his representative during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence.

  • Law School Class 1985 honours US judge, monarchs, others

    Lawyers of Class of  the 1985  call set of the Nigerian Law School will on Monday, in Lagos  honour  their teacher and former Secretary of the Council of Legal Education (CLE),  Oba DVF Olateru-Olagbegi at their annual reunion luncheon slated for Lagos.

    Oba Olateru-Olagbegi will be honoured alongside a member of the class and the Chief Judge of Akwa Ibom State, Justice Godwin Abraham and other deserving members of the class who have distinguished themselves in various spheres of the legal profession.

    The annual reunion of the set will hold on the sidelines of the 2017 Annual General Conference of the Nigerian Bar Association ( NBA)  taking place in Lagos.

    A statement signed by the chairman of the class, Chief Emeka Ngige (SAN) stated that five  judicial officers, five  Senior Advocates of Nigeria (SAN), a professor of law, five  top executives in the federal public service and another traditional ruler will also be honoured at the annual reunion holding at  Four Points by Sheraton, Victoria Island, Lagos.

    Among the judges to be honoured are US based jurist, Judge Adetokunbo Fasanya of Family Court , State of New York, Justice A. B. Mohammed and  Justice Angela Otaluka, both of the High Court of FCT, and Justice Lateef Lawal-Akapo of the High Court of Lagos State.

    Among the Senior Advocates to be honoured are: Chairman of Multi-Choice Nigeria , Chief Adewunmi Ogunsanya, Mr. Elisha Kura, Mr. James Ikeyi and Mr Ayo Akintunde. The only scholar in the honours list is Prof. Jerry Agbo Madaki of School of Law, Catholic University of East Africa, Nairobi, Kenya.

    Also to be honoured are the National Commissioner at Independent National Electoral Commission (INEC) and former Thisday Lawyer Editor, Mrs. May Agbamuche-Mbu; the newly appointed  Chief Registrar of the Supreme Court of Nigeria, Hadiza Mustapha; Executive Secretary of Pension Transition Arrangements Directorate (PTAD), Ms. Sharon Ikeazor, and Group Legal Adviser of Nigerian National Petroleum Corporation (NNPC), Hajia Hadiza Coomassie. Also to be honoured  are the General Counsel  and  Corporate Secretary, Canadian National Insurance Crime Services (CANATICS) in Ottawa Canada;  Dr. Alexander Adeyinka, Company Secretary, Capital Hotels Plc, owners of Abuja Sheraton,  Mr. Alex Ugwuanyi  and the Onogie of Ihieve-Ogben in Owan East Local Government of Edo State, Chief Andrew Otokhina.

    The leader of the class, Prince Lateef Fagbemi, SAN is expected to chair the occasion.

    Chief Ngige enjoined members of the class to turn out in their large numbers for the exquisite reunion dinner.

  • ‘I dream of becoming a judge’

    ‘I dream of becoming a judge’

    Mrs. Bridget Ijeoma Edokwe, a member of the Nigerian Bar Association (NBA), Abuja branch, was called to the Bar on February 14, 2012. She publishes barristerNG.com, an online law news website. In this interview with Legal Editor JOHN AUSTIN UNACHUKU, Mrs. Edokwe speaks on why she veered into journalism, blogging, the challenges of online publishing and sundry national issues.

    Why law?

    As a matter of fact,  nobody expected me to be a lawyer, being a woman and the last child in the family. Other members took to other disciplinea. I remember vividly, while growing up, watching the Nigerian Television Authority (NTA)  news with my father. I used  to see pictures of lawyers in court, all dressed up in wig and gown, so, I fell in love with those pictures. I told my father that I would be a lawyer one day. He encouraged me and the grace of God saw me through that dream.

    If not law, which other profession would you have pursued?

    Although my first love was law, I have a penchant for journalism, legal information dissemination and writing. The truth is that if I were not a lawyer, I would have been a journalist, and it is the unexplored journalism part of me that is finding ways of expression through the law blog barristerNG.com. We discovered that the majority of lawyers are keen on being abreast with happenings around the legal profession and political circles  in Nigeria and beyond.  So, I thought of a way of making news concerning law and politics easily accessible to them. That gave birth to barristerNG.com and lawyers all over Nigeria have commended our effort so far.

    What are your greatest challenges in the profession?

    It requires hard work, commitment, dedication and ability to balance views. Managing and editing a law blog and at the same time being in active law practice can only be done by a person that has passion for both. Being a young lawyer in digital media is very demanding both in skills, time and resources. You have to sacrifice a lot of time, convenience and learn an entirely new set of skills aside the ones you have learnt as a law student. You must be ready to learn new skills daily. There is also the challenge of people taking your work, which cost you money, sleepless nights and days, without giving you appropriate credit. So, it is not for the faint hearted.

    What do you consider to be the challenges of young lawyers?

    There is a need for improved efforts to regulate the legal profession in the country to advance the frontiers of legal profession. Whereas a lot of progress has been made both in the regulation of the profession and advancing the frontiers of legal practice, there are still a lot yet undone. A closer look at legal practice as it is in Nigeria and other jurisdictions such as the USA and Great Britain will reveal that we have been left behind in terms of regulation and development. I am happy that the current leadership of Nigerian Bar Association under A. B Mahmoud (SAN) have constituted a committee under Chief Anthony Idigbe (SAN) and sub committees under Prof Ernest Ojukwu (SAN)  and Funke Adekoya  (SAN)  to fashion out ways of improving the regulation of the profession and meeting global standards. I hope the committee will do a thorough job. There are other things like the sorry state of young lawyers welfare, the outdated curriculum currently used in training lawyers in Nigeria, Non-encouragement of specialisation in legal practice in Nigeria e.t.c, that need urgent attention and improvement.  But in all, the legal practice in Nigeria is still work in progress  and there is hope that we will meet the global standard one day.

     Which areas of law practice do you like most?

    There is no area of law practice that I don’t like. Besides, a lawyer is not trained to hate or like a particular aspect of law practice. Nevertheless, I have penchant for advocacy, litigation and media law. It is also my dream to be in the Bench one day as a judge. I would like to see practice opportunities for young lawyers who lack practice opportunities because the legal profession, in particular, law firms are not properly structured in a defined format to encourage young lawyers and ensure proper development of young lawyers.

    There is no room for development beyond the limits of the sole proprietors, there is no room for specialization and development of new areas of practice. And most times, the law firms die with the owners.  There is lack of practice opportunities and I will like to see a framework to provide welfare and remuneration package for young Lawyers in the country. I would also like to see an overhaul of the current legal educational curriculum to better prepare lawyers to cope with modern trends in law practice.

    Constant training and retraining of young lawyers by the Nigerian Bar Association is a welcome development, as a young lawyer I would like to see a  standard regulatory  framework for law firms to ensure proper development of young lawyers. A determined, systematic and well monitored  investment  and expansion of practice opportunities for all lawyers by the Nigerian Bar Association will be of great value.

    What is your appraisal of the training facilities for lawyers?

    The NBA can also do a lot in terms of advocating for the change of the current outdated legal educational curriculum, enforce structured remuneration and welfare package for young lawyers in the country to cater for at least their basic needs while learning the ropes. The Bar association should also organise constant training and retraining of young lawyers to meet global trends in practice.

    Any regrets for being a lawyer?

    If there is a reincarnation, I would still want to be a lawyer. In fact, it is the greatest profession in the world and it is a great privilege to be part of it. Above all, I desire to be a lawyer that will stand for truth and justice at all times.

  • Inland waterways in Lagos are within state Assembly legislative competence

    In the Court of Appeal Lagos
    Judicial Division Holden at Lagos

    On Tuesday the 18th day of July 2017
    before their Lordships

    Hon. Justice Hussein Mukhtar………………………………………. Justice, Court of Appeal
    Hon. Justice M. L. Shu’aibu…………………………………………… Justice, Court of Appeal
    Hon. Justice Frederick O. Oho……………………………………….. Justice, Court of Appeal

    Appeal No.: CA/S/886/2014
    Between:

    1. Lagos State Waterways Authority
    2. Hon Commissioner Ministry of Waterfront
    Infrastructural Developement ……………………………………………… Appellants
    3. Hon. Attorney General of Lagos State
    4. Governor of Lagos State

    And

    1. The Incorporated Trustees of Association
    of Tourist Boat Operators & Water
    Transportatio In Nigeria
    2. The Incorporated Trustees Dredges
    Association of Nigeria Transport ……………………………………… Respondents
    3. National Inland Waterways Corporation
    4. Nigeria Maritime Standard And Safety Agency
    5. Hon. Minister of Mines & Steel Development
    6. Hon. Minister of Transport

    Lead Judgment

    [Delivered By Hon. Justice Hussein Mukhtar, Jca]

    The Court of Appeal by its 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 The Inter-state Waterway declared as International or Interstate Waterway under Item 5 In The 2nd Schedule to the national Inland Waterways Act.

    Facts

    The 1st and 2nd Respondents who are representatives of the Boat Operators, Water Transporters and Dredgers Association via an Originating Summons dated May 22, 2012 instituted an action at Lagos Division of the Federal High Court seeking direction, among other things, from the Court on the appropriate authority to which they are to make payment, obtain and renew Permit or Licence for their operational activities on the inland Waterways and Jetties under the Constitution of the Federal Republic of Nigeria. The Appellants and 3rd – 4th Respondents filed written responses to the 1st and 2nd Respondents Originating Summons. On 28th March 2014, Honourable Justice Tsoho of the Federal High Court delivered his judgment in favour of the 3rd Respondent. Dissatisfied with that decision, the appellants filed a Notice of Appeal contending among other things that Learned Trial Judge erred in law when His Lordship held that the Federal Government had exclusive jurisdiction to make laws and regulate all inland waterways within the territorial jurisdiction of Lagos State to the exclusion of the Appellants, that the Federal Government and its agencies are the competent authorities to license, register and regulate transportation and tourist boat operators on the inland waters, waterways and waterfronts within Lagos State to the exclusion of State Government.

     

    Questions slated for determination

     

    Whether the Constitution vests on the National Assembly the power to make laws/regulate intra state waterways/inland waterways by virtue of the provisions of sections 4(2), 4(4)(a), Sections 315 and Items 36 and 64 of the Exclusive List of the Constitution?

     

    Submission of Counsel

     

    Parties filed and exchanged their briefs of argument.The Learned Attorney General of Lagos State representing the Appellants argued that the Federal Republic of Nigeria as the name implies operates a Federal structure and arrangement of governance and that the Federal nature of the Nigerian structure of government is enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In expounding the concept of federalism within the context of the Constitution, the Learned Attorney General relied on the case ofA. G. OGUN STATE V. ABERUAGBA & ORS (1985) LPELR-3164(SC) where the Supreme Court concluded on the respective powers of the Federal Government viz-a-viz State Governments that a proper construction of section 4 would reveal that the residual legislative powers of government were vested in the States. Hesubmitted that the Constitution does not bestow, on the National Assembly, the power to legislate on intra state waterways/inland waterways. The Learned Attorney General posited that in the absence of any express provision vesting on the National Assembly the legal competence to legislate on inland waterways or intra state waterways, the Lagos State House of Assembly is therefore competent to legislate on intra state waterways/inland waterways as the subject matter consequently falls under the residual list.

    Conversely, the Learned Counsel for the 3rd Respondent argued that  the National Inland Ways Act (NIWA Act) cannot absolve the Appellants seeking to justify the creation of the 1stAppellant without making sure that their actions are intra-vires and in accordance with the Constitution. It was further submittedthat though  the NIWA Act was a product of the Military Government Decree, it has become an existing law by virtue of section 315 of the Constitution being an Act of the National Assembly, now referred to as NIWA Act CAP N.47LFN 2004. It was finally submitted that without doubt that the Lagos Waterways Authority Law enacted by the Lagos State House of Assembly is illegal and should be declared null and void being materially and substantially inconsistent with NIWA Act CAP N47 LFN 2004 and the Constitution.

    The 4th Respondent submitted that items 36 and 64 in the Exclusive Legislative List of the Constitution vests in the National Assembly the exclusive legislative competence to make laws in respect of all inland waterways in the federal arrangement of governance and that the Federal nature of the Nigerian structure of government is enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In expounding the concept of federalism within the context of the Constitution, the Learned Attorney General relied on the case ofA. G. OGUN STATE V. ABERUAGBA & ORS (1985) LPELR-3164(SC) where the Supreme Court concluded on the respective powers of the Federal Government viz-a-viz State Governments that a proper construction of section 4 would reveal that the residual legislative powers of government were vested in the States. Hesubmitted that the Constitution does not bestow, on the National Assembly, the power to legislate on intra state waterways/inland waterways. The Learned Attorney General posited that in the absence of any express provision vesting on the National Assembly the legal competence to legislate on inland waterways or intra state waterways, the Lagos State House of Assembly is therefore competent to legislate on intra state waterways/inland waterways as the subject matter consequently falls under the residual list.

    Conversely, the Learned Counsel for the 3rd Respondent argued that  the National Inland Ways Act (NIWA Act) cannot absolve the Appellants seeking to justify the creation of the 1stAppellant without making sure that their actions are intra-vires and in accordance with the Constitution. It was further submittedthat though  the NIWA Act was a product of the Military Government Decree, it has become an existing law by virtue of section 315 of the Constitution being an Act of the National Assembly, now referred to as NIWA Act CAP N.47LFN 2004. It was finally submitted that without doubt that the Lagos Waterways Authority Law enacted by the Lagos State House of Assembly is illegal and should be declared null and void being materially and substantially inconsistent with NIWA Act CAP N47 LFN 2004 and the Constitution.

    The 4th Respondent submitted that items 36 and 64 in the Exclusive Legislative List of the Constitution vests in the National Assembly the exclusive legislative competence to make laws in respect of all inland waterways in the Federal

    Republic of Nigeria and that, Nigeria has only national waterways not intra-State water ways as advocated by the Appellants. It was further submitted that item 36 in the Exclusive Legislative List set out in Part I of the Second Schedule to the Constitution has empowered the National Assembly to make rules/regulations for the navigation of “tidal waters” in the Federal Republic of Nigeria that includes all waterways in Lagos State.

     

    Decision of the Court

     

    The Court of Appeal stated that it is glaring that this case turns on the core issue of interpretation of Part 1 of the 2nd schedule to the Constitution especially items 29, 36 and 64 and whether the Intra-State Inland Waterways in Lagos State are incorporated under the Exclusive Legislative List.According to the Court, a community reading of the provisions of items 29, 36 and 64 of the Schedule give the impression that the Exclusive Legislative list aims at preserving navigable rivers or inland waterways designated as international or interstate by a law promulgated by the National Assembly.The Court expressed no doubt thatthe common radical denominator is the scope of waterways cutting across international and state boundaries coupled with a declaration by the National Assembly that such waterways are international or interstate respectively. The more obvious area of coverage under the exclusive list are the sea tidal waters and maritime ports declared by the National Assembly to be Federal Ports.

    Their Lordships held that there isnothing in the Exclusive List dealing with intra-state water ways either in Lagos or any other State in the Federation and that the burden is on the Respondents to show that any of the Lagoons, creeks or water ways used for intra-state navigation has run across the parameters of Lagos State into international or interstate boundaries and is so declared in a law promulgated by the National Assembly.

    The Court held that 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.

    The Court further held that the glaring absence of the Lagos State intra-waterways in the Exclusive Legislative list under Part 1 as well as the Concurrent Legislative list under Part 2 of the Second Schedule to the Constitution, means that it is automatically a residuary item that falls within the legislative competence of the Lagos State House of Assembly.

    It further held that the required declaration for inland waterways under the exclusive legislative list is made under section 10 of the National Inland Waterways Act, which includes rivers and their tributaries, distributaries, creeks, lakes, lagoons and intra-coastal waterways specified in the Second Schedule to the National Inland Waterways Act, which have been declared as Federal navigable waterways. Section 11 thereof provides that all navigable waterways, inland waterways, river-ports and internal waters of Nigeria, excluding all direct approaches to the ports listed in the Third Schedule to this Act and all other waters declared to be approaches to ports under or pursuant to the Nigerian Ports Authority Act, up to 250 metres beyond the upstream edge of the quay of such ports, shall be under the exclusive management, direction and control of the Authority.  Item 5 in the Second Schedule to the National Inland Waterways Act is the relevant provision for the navigable route that falls under the exclusive legislative list and it provides thus:

    The Intra-coastal route from Badagry. along the Badagry Creek to Lagos through Lagos Lagoon to Epe, Lekki Lagoon lo Iwopin. along Omu Creek, TalifaKivei to Atijere, Akata. Aboto. Oluwa River to

    Okitipupa and onto Gbekebo. Arogbo. Ofunama. Benin Creek to Warri. Also the canal running from Araromi through Aiyetoro. Imelumo to Benin River and from Aiyetoro through Mahin Lagoon to Igbokoda.

    This root runs through international and states boundaries and is therefore consistent with the provisions of the Constitution being an item on the exclusive legislative list. Revenue accruable from this Federal route is payable to the Federal Waterways Authority.

    The Court held that 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 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.

    On the whole, the Court allowed the appeal and set aside the judgment of the Federal High Court Lagos delivered on 28th March 2014 and in its steadheld that the Lagos State House of Assembly is competent to make laws in respect of the intra-inland waterways in Lagos State except the inter-State waterway declared as International or Interstate Waterway under item 5 in the 2nd Schedule to the National Inland Waterways Act.

     

    Representation

    Appellants:

    Adeniji Kazeem (Hon. AG Lagos State)

    1. O. Oyenuga
    2. O. Olanrewaju

    Respondent:

    Dr. Charles Mekwun

    Desiree Erugoh

     

  • Ethnic agitation: When is force justified?

    Ethnic agitation: When is force justified?

    By virtue of his experience, when former Head of State Gen. Yakubu Gowon speaks on issues, such as ethnic agitation, the nation should listen. He led Nigeria during the 30-month civil war. Amid the separatist agitation by the Indigenous People of Biafra (IPOB), he warned against the use of force to rein in the agitators. But the Directorate of State Services (DSS) has vowed to deal with any group or individual that pursues divisive tendencies. How should the agitators be handled? ADEBISI ONANUGA asks.

    FORMER Head of State Gen. Yakubu Gowon needs no introduction. When he speaks on ethnic agitation, the nation must listen because he led the country during the 1967-1970 civil war.

    But last Wednesday, when he advised against using force on ethnic agitators, it did not cut any ice with the Directorate of State Services (DSS). Not even when Gowon warned that no nation could survive multiple wars.

    As chairman of a national seminar on “Unity in diversity” organised by the DSS, Gowon advised nationalities agitating for restructuring or secession to avoid the mistake of the past, which plunged the country into a civil war.

    He noted that the various political agitation and multiplicity of calls for regional autonomy and clamour for restructuring of the federation or secession of certain regions from the country had given birth to emergency nationalist agitators, emphasising that the calls were not in the interest of democracy which recognises the right of individuals on such issue.

    To him, the agitators are better off not pursuing such interest just as he said the Federal Government would do well not to use force on the agitators except only as the last resort for and in defence of security and the peace of the nation.

    “We need to think of the danger our actions poses to the innocent and law abiding citizens. Agitators or whatever name they go by, need to read up history that no nation survives multiple civil wars. The life of the people is worth more than whatever profit they hope to make out of the business of hate and sheer murmuring. Agitators are better off not pursuing personal interest just as the Federal Government will do well not to use any force on these agitators except only as the last resort for and in defence of security and the peace of the nation.”

    But the DSS thought otherwise. Its Director-General, Lawal Daura, said the agency would  deal with anyone pursuing divisive and separatist activities that threaten the unity of the country and national security.

    Daura said the agency would not fold its arms and watch agitators tear the country apart.

    He restated the position of the Service that all groups or individuals bent on pursuing their divisive and separatist activities that threaten national security should have a rethink.

    He said the security and law enforcement agencies would not watch while agitators carry on activities that put at risk the lives and properties of law-abiding and innocent Nigerians.

    “We will deploy the full amalgam of the security infrastructure to deal with subsisting and emerging developments capable of endangering lives and properties as well as our corporate existence as a nation,”he said.

     

    Potential for violent protest

    Although the views expressed by the duo of  Gowon and Daura are divergent, observers believe that their positions stemmed from the activities of the likes of Nnamdi Kanu of the Indigenous People of Biafra (IPOB), believed to have the potential of becoming violent and, subsequently, lead to ethnic war.

    Twelve days ago, commercial activities in Owerri, the Imo State capital were brought to a halt when Kanu visited pro-Biafra supporters in their thousands who lined up at Fire Service junction and Wetheral Road, Owerri to receive the IPOB leader. Out of fear, businesses were shut to avoid attacks by the Biafra supporters.

    The IPOB leadership, after its visit to Ebonyi State on July 27, reportedly said the next state would be Lagos and threatened to shut the city when he arrived.

    In response to the threat, the Yoruba Youth Congress (YYC) and the Coalition of Southwest Youths group said the safety of Kanu was not guaranteed if he proceeds on his planned visit. The Yoruba Youth groups, led by Prince Dapo Adepoju, warned Kanu to stay clear of Lagos, saying the centre of excellence was not part of the Biafra.

    The Arewa Youth Consultative Forum (ACYF), a coalition of socio-political groups in the north, last June 8, issued a three-month ultimatum to all Igbo in the 19 northern states to vacate the region. Led by its National President, Yerima Shettima, the group threatened that if the Igbos failed to leave by October 1, it would forcibly evict them. The group viewed a sit-at-home protest organised by two pro-Biafra groups, IPOB and MASSOB, in remembrance of the Biafra republic, as a threat to national security as well as the country’s corporate existence.

    Observers believe that threats of these agitators and seperationists are all geared towards calling attention to alleged marginalisation and subsequent bargainings from the state. There were also those who see the threats and counter threats as weakening the country’s unity and national security and puts at risk the lives and properties of law-abiding and innocent Nigerians, except if nipped in the bud.

    The activities of ethnic agitators have continued to raise concerns among Nigerians especially when viewed against the background of the decision of the DSS to deal with them. But how best can this be done without it resulting in a war, retain national unity security? Constitutional lawyers reacted to the issue.

     

    Lawyers suggest a way out

    Constitutional lawyers versed in the law and activisim advised against the use of force to rein in the agitators. Those who spoke include Second Vice President of the Nigerian Bar Asssociation (NBA) Monday Ubani, Constitutional lawyer and university don, Chief Wahab Shittu, former Chairman, NBA, Ikorodu, Mr Dotun Adetunji, Lagos lawyer, Abayomi Omoyinmi and Lead Advocate, Constitutional Rights and Peoples Development Advocacy Initiative (CRAI), Mr Ikeji Ikechukwu.

     

    ‘Restructuring is key’

    Ubani said Nigeria is at a crossroads with these  agitations and often violent threat of secession from various ethnic groups. “I am a firm believer in a united Nigeria where justice and equity reigns supreme and, therefore, will not support any threat for its dismemberment. However, we must appreciate the ratio (reasons) for these agitations and frequent calls for restructuring by various ethnic groups in Nigeria,” he said.

    According to him, a peep into countries as diverse as Nigeria and how they have managed to run a flawless system where justice and equity prevails, shows that “these countries set out with clear objective to put in place a correct structure that makes it possible to address everyone’s fears and deprivations.

    “When fears and denials are abolished in a diverse nation, the tendency to agitate for division is usually zero.

    “Contrast the aforementioned with Nigeria where the system is run on manifest injustice, denial and iniquity. Take for instance the creations of local governments, states by past military governments and the over centralised bureaucracy being run in Nigeria at the moment. They are manifestly unjust, insensitive, self serving and provoking.”

    He added: “How does one justify over 60 items in the exclusive list in the constitution of a multi-cultural, multi-religious and multi-linguistic nation like Nigeria?

    “What compounds the problem the more is that clear and patriotic suggestions for amendment and change of the iniquitous status quo is met with deaf ears and arrogant replies from certain persons in the polity, especially the political elites who are benefiting from the unjust system.

    “The exasperated populace are left with no option other than to intensify the agitation and calls for change of the status quo.”

    Ubani cautioned that violent agitations and acts that tend to depict the existence of another sovereign state when such “sovereign” state is not legitimate cannot be tolerated by any serious sovereign state, but in doing so, the sovereign state has to be very careful in the method and manner it deploys in tackling the issue to avoid conflagration in the system.

    “This is where the advice of Gen. Yakubu Gowon (retd) the former Head of State against the use of excessive force against ethnic agitators and restive youths becomes very apt. Application of wrong prescription to these agitations have consequences often grave if care is not taken.

    “The advice is for the government of the day to strive to do the right thing by paying due attention to what the people they govern are saying in order to address them adequately thereby avoiding unnecessary violence, threats and possible wars. The country presently is not at peace with itself, therefore conscious effort by leaders should be made to reduce tension by taking heed to what the majority are saying.

    “The issue on the frontburner is restructuring and the government will be harming itself terribly if it fails, refuses and/or neglects to address it squarely. The Senate and House of Representatives who claim to be the representatives of the people should not play the ostrich by jettisoning the requests and demands of the people by voting against devolution of power to the federating units. The government should remember this: a stitch in time saves nine, or a word is enough for the wise,” he advised.

    ‘International mediators, strong

    intelligence needed’

    Shittu agreed with Gowon on the need for restraint to avoid descent into another civil war which could precipitate needless anarchy with fatal consequences on lives, property including order and cohesion of the society.

    “l will favour constructive engagement through dialogue with stakeholders in the affected areas including leaders of these separatist groups.We may also need to quickly enlist the services of international mediators to bring parties to the negotiation table.There is also need to deploy strong intelligence to identify sponsors of these uprisings against the state with a view to taking necessary action. Above all government will need to address underlying causes of there deepseated grievances going forward,” he suggested.

     

    ‘Engage the youth in dialogue’

    Omoyinmi argued that using force against ethnic agitators and restive youths by the DSS is not the answer or the best approach to the matter as this would and could only aggravate the situation for the government.

    According to him, force can only be a last resort where there is clear evidence that the agitators and the restive youths actions have occasionned serious violence in the country leading to destruction of properties, loss of life of citizens and perhaps where such actions is treasonable.

    “The government should, however, engage the youths in a meaningful and serious dialogue. The government should implement policies to provide enabling environment in the country for the youths, to take care of what the youths are agitating for within the ambit of the laws of the country. The policies for economic growth that will engaged the youths and accommodate them with prosperity of life worth living in the country,” Omoyinmi advised.

     

    ‘DSS is right’

    Adetunji while cautioning the Federal Government and security agencies against using excessive force against the ethnic agitators also noted that the DSS,which is one of the security agencies in the country is equally right in its decision to deal with any group or individual pursuing divisive and separatist activities.

    “The DSS in my humble opinion is equally right as it is part of the security institutions that give backbone to statehood. The unity of this nation is a sacred trust entrusted upon the security agencies and they must be seen to be defending the unity, peace and stability of the nation at all times. So, I am satisfied with their utterances. If the same question is posed to other security agencies aside from DSS, don’t be surprised that some of them will sound more ruthless than the DSS in the circumstance.

    “They would have met my expectation if they really sound ruthless, vow and/or threaten to decisively deal with the agitators threatening to tear the country apart.

    “An idle hand is said to be the devils work