The Nation Newspaper

Category: Law

  • ‘Superior courts’recesses too lengthy’

    In this piece, Deputy Director of Access to Justice Dr. Adenike Aiyedun argues that long general court recesses have a negative impact on justice delivery. He urges the judiciary to adopt a system of staggered rather than cumulative judges’ holidays so that the justice system remains in service all through the year.

    Introduction

    Last week, many courts, including the Federal High Court and many State courts, went on recess. Although the recess period varies from jurisdiction to jurisdiction, they are  expected to last for about eight weeks (two months). Most cases before the courts will recommence after the vacation period, even if provisions are generally made for a few vacation judges to handle emergencies, who will sit throughout the vacation period. This recess is, however, not the only vacation superior court judges are entitled to. They also go on recess for two weeks at Easter and two weeks at Christmas time. In total, Nigerian courts are generally closed for vacation for about 12 weeks (three months). The status quo requires immediate review for the prosperity and efficiency of our justice system, particularly given the many frustrations that litigants have expressed with court delays, and the overall performance of the Judiciary.

    How lengthy recesses cause

    delayed trials

    From the outset, we acknowledge that Nigerian judges face enormous challenges, as with many other Nigerians, with regards to a lack of proper infrastructure and difficult work conditions, and also understand that many judges often extend their official work hours into their private time in order to meet the exigencies of their respective dockets. Yet, in spite of these challenges, there are also important counter-vailing considerations. So much of what the public and the country expects of the judiciary is not being met at this time, and this has created significant agitation among court users and Nigerians in general, ultimately reducing the level of trust placed in this arm of government.

    The Nigerian (superior court) judiciary enjoys one of the lengthiest vacation systems in the world.  Even though, Nigeria has some of the most intractable problems of court delays, among its peers around the world. As such, any efforts to reduce prolonged trial delays must address the availability of judges to sit in courts, at all times. The conundrum of access to courts in Nigeria is widespread and requires urgent attention, and the judiciary has never quite been able to surmount this problem, in spite of some modest efforts to do so. Systematic court delays, however, deny citizens effective access to justice, and indeed derail justice, and this must be combatted in order to re-inspire public confidence in the justice system.

    Court delays partly account for the excessively high awaiting trial prison population, with roughly 70 per cent of prison inmates, in this category. Long court vacations also jeopardise the fair trial rights of persons who are in prison custody and are undergoing trial, or persons who are not entitled to bail, or have not been able to meet bail terms. Furthermore, long court recesses negatively impact on the trial of corruption cases, and are also partly responsible for the tardiness in the conclusion of those cases.

    Given the public interest in the timely disposition of corruption cases, there is an urgent need to reform how judges handling corruption cases, should break for vacation. Moreover, long court vacations adversely affect the availability of witnesses to give evidence during trials, and can have serious impact on the outcomes of those trials.

     

    The practice in other jurisdictions

    In most Western countries, superior court Judges go on leave for between four and 12 weeks yearly (one-three months). During these vacation periods, however, the criminal justice system is not put in abeyance as a result. Many countries ensure that judges’ holidays are staggered and not cumulative to make sure that the justice system remains in service all through the year, and some countries have abolished general court recess all together, to ensure the efficacy of their criminal justice system and guarantee the protection of fair trial rights for their citizens. In India, for instance, which shares some social characteristics with Nigeria, judges go on recess for only nine weeks cumulatively.

     

    The way out

    Access to Justice, therefore, urges the National Judicial Council as part of its reform agenda, to re-enliven public trust and confidence in the judiciary by immediately adopting policies limiting the amount of vacation time of Judges to nine weeks cumulatively, and particularly changing vacation procedures so that all criminal courts run continuously throughout the year (with exceptions being made for individual or staggered vacation for criminal court judges).

  • Akwa Ibom Speaker faults National Assembly on constitution amendment

    Houses of Assembly will demand devolution of powers when the amended 1999 Constitution gets to them for approval, Akwa Ibom State Speaker Onofiok Luke has said.

    To him, devolution of powers is at the heart of restructuring, and reflects the yearning of majority of Nigerians.

    Luke, a lawyer, faulted the National Assembly for stripping states of powers to conduct local government elections when more powers ought to be devolved to them.

    He believes issues such as mining and power transmission should be in the Concurrent Legislative List rather than the Exclusive List.

    Luke spoke in Lagos on the sidelines of the Mid-Year Word and Prayer Conference/55th Anniversary of the United Evangelical Church (UEC) (Founded as Qua Iboe Church).

    According to him, some of the amendments by the Senate did not reflect a prior gentleman’s agreement reached with the Conference of Speakers of Houses of Assembly at a joint retreat in Lagos.

    Luke, a former Speaker of the Nigerian Youth Parliament, said: “I beg to differ with the Senate on the issue of devolution of powers. Nigerians are calling for restructuring. For me, devolution of power is at the centre of the restructuring of Nigeria. My thinking about restructuring is devolution of power. We have too much power concentrated at the centre.

    “For instance, we need to devolve powers to the state if we are to have constant power supply. In my state for instance, the little that the Constitution granted us the liberty, past governments have been able to initiate independent power plants. The administration has taken it further based on the power the constitution grants the state in power generation and distribution. But we are hamstrung at the level of transmission.

    “The state should be given the leverage to be able to do more. The majority of Nigerians reside at the states. For instance, on the deep seaport, we are having challenges with the Federal Government. There is a limit to what a state can do with regards to ports development.

    “Mining should not be in the Exclusive Legislative list. Most of the environmental challenges we have in the state are caused by people who are dredging the waterways.

    “When you confront them, they will present a license by the Federal Government and tell you that as a state, you have no power to legislate on it.

    “Who are affected by the activities of those miners? It’s the residents in the states. If mining is made a subject of the Residual List, then we’ll hold those who will mine in our waterways responsible. For them to mine, we’ll give them a condition. For you to be able to mine or dredge, you must give a certain capacity of waterworks so that the people inhabiting that community will not be left stranded.”

    Luke said the Houses of Assembly Speakers would revisit the amendments and ensure the peoples’ wishes prevail.

    “At the level of the Speakers Conference, we’ll have a meeting and come out with a position and begin to advocate. I think that the states will be interested in the devolution of powers.

    “You’re not trying to give us more powers, and you want to take away from us. How can you take away the powers of the state Independent Electoral Commissions to conduct council elections? It’s not obtainable.

    “These are issues that when whatsoever is passed at the National Assembly comes to the states, we’ll look at them bit by bit, issue by issue, and analyse them with the input of those who gave us the mandate.

    “We attended a joint retreat of the National Assembly and the Conference of Speakers in Lagos and we agreed to certain things, but they did other things that were not agreed by us.

    “We’ll look at the issues critically at the level of the state assemblies and then come out with  a position that will reflect the yearnings and aspirations of Nigerians residing at the states.”

    He urged Nigerians to pray for President Muhammadu Buhari and other leaders irrespective of party affiliations.

    “It’s our aspiration that Nigeria should occupy a pride of place as a great nation, as the envy of every country on the African continent and in the world.

    “We should not seize in prayers. We have to pray for the President. If he fails, the country fails. Crime, hunger and poverty do not know party lines,” he said.

    The 39-year-old Luke urged the youth to hold the government accountable and to be ready for opportunities.

    “The youth must seek personal development. To be versatile, you must open your mind to all sorts of knowledge. Youths must get themselves prepared because one day opportunities will come.

    “Creativity and innovation will not thrive if leaders don’t create an enabling environment. We must have sound legislation, solid infrastructure,

  • Lawyers: hope not lost on restructuring

    Lawyers: hope not lost on restructuring

    The National Assembly has drawn the flak for rejecting power devolution in its on- going constitution amendment. But to lawyers, this should not be seen as a loss for advocates of restructuring. The lawmakers’ initiation of the amendment, they argue, is a step towards restructuring. Eric Ikhilae writes.

    The widespread condemnation of the National Assembly’s rejection of the proposal for power devolution to states is, no doubt, an indication that there exists a national consensus that the time to restructure the country is now.

    A majority of those who reacted to the National Assembly’s position on the issue, including former Vice President Atiku Abubakar, believed that the legislators either chose to act against the prevalent mood in the society or were simply at sea on a matter that is germane to the nation’s continued existence.

    The condemnation of the Legislature’s position on the need to allow more power to the states, many argued, can only serve as a momentary delay for the actualisation of an idea whose time has come.

    This, they contended, is informed by the general acceptance of the clamour for restructuring, an agitation that was once restricted to a section of the country, and which was mainly actuated by the annulment of the June 12, 1993 presidential election, believed to have been won by the late M.K.O. Abiola.

    Today, the call for restructuring is heard even from unusual quarters. Former military leader Ibrahim Babangida and Abubakar recently added their voices to the argument that there was an urgent need to alter the country’s current structure.

    Also, recent happenings have shown that groups, representing various interests in the Southeast, have modified their hitherto hard-line position on secession, to now agree that the best way to alter this unhealthy status quo is through restructuring.

    The Southwest has also not relented. It has continued to work on the concept of regional integration, on which pedestal its governors announced, after a meeting in Abeokuta, last week, plans to establish a regional security force.

    On its part, the North (which comprises the three geo-political zones, made up of 19 states) has set up a 12-man committee to help aggregate the region’s position on restructuring. Before now, the North had maintained a lukewarm disposition on the call for restructuring.

    Rising from a meeting of governors and traditional rulers in the region, last Friday, the northern leaders explained, in a communique, that the committee was expected to come up with “acceptable, tenable and sustainable position on restructuring for the Northern region in consonance with provisions of the 1999 Constitution.”

    They said the committee became necessary  because the agitation for restructuring has assumed different meanings to different people.

    The committee, with Sokoto State Governor Aminu Waziri Tambuwal as head, has Nasarawa, Gombe, Benue, Bauchi and Kaduna states’governors as members.

    Also listed as members are Emirs of Kano, Zazzau and Gumel; Etsu Nupe and Gbong Gwomg Jos. Deputy Governor of Plateau State, Prof Sonni Tyoden is to serve as the committee’s Secretary.

     

    Is consensus on restructing possible?

     

    These developments, many argued, support the assertion that a national consensus exists on the need for restructuring, a concept whose realisation is only hampered by the lack of agreement on its conceptualisation and definition (meaning).

    Observers noted that although the agitation for restructuring is driven by a dream – the creation of an egalitarian nation, driven by justice, equity and fair play (where mundane considerations do not influence critical state choices, particularly in appointments) – there is a problem because of lack of a consensus on how to get there.

    They attributed the inability of critical stakeholders and today’s learders to agree on how to realise this dream of a functional egalitarian nation to, mainly, selfishness and lack of trust.

    Critics accused those currently milking the cow of the state, benefiting immensely from the status quo and unsure of what a restructured nation holds for them, of being selfish and willing to do all they can to retain the state of affairs.

    They noted that the problems of suspicion and lack of trust exist among those who have championed restructuring from inception, and are now unsure of the true motive of the modern day converts, who though, had the opportunities of effecting the necessary changes in the past (by virtue of the positions they held), chose to help sustain this warped federal arrangement.

    Observers, however, argued that restructure is an idea, whose time has come. And that, the issue is only about when and how it will happen, not whether.

    They advised that a peaceful realisation of a restructured Nigeria could only be achieved when stakeholders agreed on how to assuage the fear of the beneficiaries of the current arrangement, and could promptly discern the motive of the modern day converts, else violent change may occur.

     

    Lawyers’ views

     

    Senior lawyers, including Mahmud Magaji (SAN), Dr. Abdulrahman Quadri and Festus Keyamo, believe that the need for restructuring cannot be ignored in view of the state of affairs in the country.

    They said the effort of the National Assembly to amend the Constitution and its rejection of the power devolution recommendation should be seen as a gradual step towards the actual restructuring that the people seek.

    Magaji cautioned against seeing the ongoing amendment of the Constitution solely from the National Assembly’s rejection of the power devolution proposal.

    He said “There are many amendments that were accepted, which many Nigerians have been yearning for. Examples are the separation of the office of the Attorney-General of the Federation from that of the Minister of Justice, autonomy for local governments, independence for the Nigerian Financial Intelligence Unit (NFIU), etc.

    “We have to start from somewhere. We cannot achieve all the changes we want in one day. We cannot condemn all that have been achieved. I know we will get there. It is good they have started,” Magaji said.

    Quadri argued that, from its disposition to critical national issues, the National Assembly has consistently exhibited a constant trend – its disregard for the people and their needs.

    He said a National Assembly that feels the pulse of the people, and is not detached from them and their aspirations, ought to know that the issue of restructuring, on which every Nigerian appears to have agreed, should be given due regard.

    Quadri added: I don’t think this National Assembly uunderstands what the clamour for restructuring is all about.

    “These legislators are only interested in protecting their own interest. For me, this country cannot afford not to restructure. We need restructuring because it is the only way out to take care of agitations for Biafra, the insurgency in the North East, among other problems.

    “If we don’t restructure, we are only postponing the evil days. These problems will not only multiply, they will go bigger. The idea of restructuring is to make the centre less attractive for politicians. But they appear to be blind to this point.

    “Under the current arrangement, the centre is very delicious. There is a lot of money at the centre. So, the politicians will do anything, including killing fellow human being, to get to the centre. Those calling for restructuring want to discourage this.

    “But to me, that the National Assembly even deem it fit to concede that the Constitution needs to be altered, is a step in the right direction. It is a step toward the remaking of the country that we will all be proud of.

    “I don’t think we should condemn all they have done. We should not throw away the baby with the bath water. Instead, we should look ahead and how to fine-tune the process until we get what we want,” Quadri said.

    Keyamo argued that the National Assembly’s amendment of the Constitution was not a replacement for restructuring. He contended that restructuring was more fundamental than amendment to the Constitution.

    He said: “Of course, restructuring will lead to a new Constitution. There is no doubt about that. But, it is not this kind of haphazard amendment they are doing. I am not condemning the amendment.

    “As a stop gap measure, it is commendable that the Legislature has risen to the occasion to amend the constitution. Restructuring will take more time, and more negotiation, more deliberation and more inclusive than the National Assembly,” Keyamo said.

  • Lalong seeks unity, peace

    Lalong seeks unity, peace

    Governor Simon Bako Lalong of Plateau State has called on Nigerians  to always engage in programmes and activities that unite the country, promote peace and add value to lives.

    Lalong made this statement in a speech he delivered as the guest of honour at this year’s Zumunta International Convention, specifically organised to address the challenges of Internally Displaced Persons (IDPs) in the North held in Atlanta, USA.

    Lalong said: “Creating a value for the unity of Nigerian Northerners in Diaspora with this convention and other programmes of common interest is no doubt a clarion call to all stakeholders back home, that we have a valuable asset that we must nurture and continue to add value to for the benefit of generations yet unborn.

    “Northern Nigeria with her land mass, population, natural endowment, diverse ethnic groups and human resources, is blessed beyond the issues of religious and ethnic difference that have been manipulated and exploited by conflict merchants garbed in political and religious apparels.

    “Our shared values and strength in diversity as Northerners have accounted for the leadership we have provided and are still providing for our people. Further to this is the massive contribution of the region and her citizens to the socio-economic development of the nation. I must therefore be quick to commend all of you who are committed members of Zumunta Association for showcasing with your continuous fellowship and brotherhood, that Northern Nigeria remains an indivisible region of people committed to pursuing their common destiny in Unison, in our country Nigeria.

    “This Year’s symposium on Internally Displaced Persons ( IDPs) with particular reference to Northern Nigeria, brings to heart a global concern demanding individual and collective action to nip in the bud. As we think globally we must act locally to address the issue at hand, so we can rank within global reckoning as people worthy of recognition and commendation.

    “The growing number of people who are forced to flee their Native home and land, to seek refuge in other safe havens within our country is alarming. While it is a matter of humanitarian concern to have refugees cross the borders of our country into Northern Nigeria on account of natural disasters and violent conflicts, it is senseless to have a situation where the growing numbers of Internally Displaced Persons in Northern Nigeria is on account of Communal Ethnic clashes and attacks by religious extremists” Lalong said.

  • ‘I want to be change agent’

    Theodora Ibifuro Kio-Lawson, daughter of late Justice W.H. Kio-Lawson of the Rivers State Judiciary was called to the Nigerian Bar in November 2007. She is the Law Editor of Business Day newspaper and currently the chairman of the Nigerian Bar Association (NBA) Lawyers in the Media (LIM) Forum and chair, Media and Publicity for the NBA Section on Business Law. She shares her experience with the Legal Editor JOHN AUSTIN UNACHUKWU

    Theodora Ibifuro Kio-Lawson would have loved to read Psychology, Human Resource Management or Political Science but was inspired to read law by her father, who lived for  law and all it represents. Everything he did, both in his career and personal life, was a reflection of his value and respect for systems.

    “So, watching him practise so passionately and excelling in what he did best, had a huge impact on my decision to go the way of the law and I’m thankful to him for ‘leading me on”

    She describes her  interest in  law as  lying  some where between a need to understand how the rule of law and governance work; ‘’to be part of a system that seeks to balance interests and rights; and contributing positively to social change in my immediate environment. While my dad may have kindled that fire, the decision was entirely mine at the end of the day’’.

    As Head of Legal and Law Editor of BusinessDay Newspapers, her role demands that she  exercises her knowledge of the law as a barrister and solicitor of the Supreme Court of Nigeria.  This involves providing ‘legal’ direction and counsel to her employer on a wide range of legal issues including lawsuits, trials and court processes working with the company’s external counsel to devise effective legal strategies, company and allied matters, contracts and collective agreements, government regulations, as well as other corporate commercial concerns and compliance issues.

    As a consummate Bar man, she pays her Bar practising fees, branch dues and  is  fully  involved in Bar activities on several levels. She describes her foray into journalism as a kind  destiny or sheer providence, it however seemed like a trajectory, she was bound to take. Aside, her  dad was one-time legal adviser of Nigerian Tide, before going back to full-time practice and then the Bench. So while the move wasn’t exactly calculated, her career choices came with roles, which more or less propelled her  in this direction. She describes the  combination of law and journalism as not only been stimulating ‘’but has equipped me for my ultimate purpose – of bringing about positive social change.”

    She describes the experience as rewarding “The experience has been rich and greatly rewarding. When I said earlier that my interest in the law lies somewhere between being part  of a system that seeks to balance interest and rights and contributing positively to social change, I found the fulfillment of that purpose working across these two sectors; the legal and media sectors and I honestly would not give it up for anything”.

    She blames the  frustration of socio-economic challenges,  an anxiety over the big picture and getting lost somewhere  between the challenges confronting her in reaching the peak of her career. Neverthless she has confidence in  God  who she trusts to see  her through to the peak  by providing her  with a will and desire to succeed.

    She describes legal profession as dynamic, yet very competitive globally. And for Nigeria she would like to see  a profession with standards so high that ‘’our members can compete favorably in any part of the world. I would also love to see a profession that can efficiently regulate itself with little or no external interference’’.

    Responding to questions on her role model, she said: “I have had and still have several role models. Growing up it was my Dad, as his work ethic was greatly inspiring to me, even as a youngster. More recently, I am intrigued and continue to look up to people like Megyn Kelly formerly of Fox News. She’s a lawyer and journalist and was on the TIME list of 100 most influential people a couple of years back and Julie Gathoni Sumira Gichuru, Gichuru, a journalist and media personality, holds a law degree ( LL.B ) Hons.  and an MBA from Cardiff Law School, University of Wales and Cardiff Business School, University of Wales. She is also a recipient of Martin Luther King Salute to Greatness Award. Others are Mr. Asue Ighodalo and Mr. Augustine Alegeh (SAN) Their drive and leadership skills are truly remarkable, and I aspire to have these.

  • OAU seeks solutions to national problems

    OAU seeks solutions to national problems

    Eminent jurists and other legal luminaries converged on the Faculty of Law, Obafemi Awolowo University Ile-Ife at a four  day  national conference organised as part of activities marking its 55th anniversary.Legal Editor, JOHN AUSTIN UNACHUKWU reports

    Eminent jurists and other legal luminaries converged on the Obafemi Awolowo University (OAU), Ile-Ife,  to proffer solutions to various problems, cutting across disciplines, confronting the country.

    Participants at the four-day  national conference organised by the Faculty of Law of OAU urged all hands to be on deck in seeking solutions to  the country’s problems.

    The Law Moot Court  was organised as part of activities to mark the  55th  anniversary of the Faculty.

    The theme of the conference  was “ “Law and socio-economic change in Nigeria: Issues, contexts and perspectives.”  It had several sub-themes that affect almost all aspects of our national life.

    It had participants from  various disciplines and professional groups in the country.

    The Dean of the faculty, Prof.  Demola  Popoola, said  the challenges that law is facing cannot be meaningfully addressed with the instrumentality of  law alone.

    He said this was why the faculty invited historians, social scientists, economists, and even accountants to give perspectives on the theme of the lecture and because it believed that the problem that faces any society could hardly be resolved through the instrumentality of just one discipline.

    “Now, that is apart from the fact that knowledge itself is holistic and it is for convenience sake that they are actually demarcated into convenient beats.  Even the dichotomy between the sciences and the humanities had not always been there. The sciences actually broke away from philosophy, physics itself used to be called natural philosophy.  Up till now, you find that there is increasing move to humanise the sciences just as we also trying to inject scientific methods into the humanities.

    “ Now law cannot escape from this and that is why we took a decision that the theme of the conference and the conference itself is going to be interdisciplinary in conception and that is the only way that we can actually underscore our relevance in the present state of social and economic anomaly that the nation is going through’’.

    On the performance of the university graduates in the country, Popoola said: “We have  Senior Advocates of Nigeria in the civil service, in the corporate world, in actual practice of law. Our products are recurring decimals and  they are doing us proud everywhere. Each batch has been particularly encouraging and that is what has been sustaining the current generation of our lecturers.

    “We thank God for what we have been able to achieve, we might not,  like other institutions be where we actually would have  like to  be,  but I think that in terms of our products, their  quality and so on, we can beat our chest and give all glory to God for all the landmark achievements  we had recorded as I said in the judiciary”, he said.

    Chairman of the conference Planning Committee, Prof. Babafemi Odunsi, said: “ The Faculty of Law and OAU are committed to important developments at national and international levels, and ever set to make inputs as considered apposite.

    “This is what informed the theme of this particular conference. As we all know- with recession, inflation, increasing rates of poverty, widening gaps between rich and poor, disillusionment with political leaderships  and so on, Nigeria is faced with fundamental and confounding socio-economic issues.

    “It is our hope as organisers that this conference will offer meaningful contributions to the discourse on how Nigeria can effectively combat the socio-economic challenges, particularly with the mechanism of Law” Prof. Odunsi said.

    The university Vice-Chancellor, Prof. Eyitope Ogunbodede, represented by the Deputy provost of the Postgraduate School, Prof. Yetunde Ajibade,  who traced the establishment of the faculty to the late Lord Denning, noted that it was one of the fruits of the committees set up for  the establishment of Faculty of Law in the then University of Ife, when it took off in October 1962.

    “Since then the Faculty, which is today fondly referred to by both the students and alumni as‘Ifelaw’, has grown in leaps and bounds, increasing the fortunes of the university, while also earning for itself a very distinguished record for the quality of its Law graduates. The Faculty has produced some of the most brilliant Lawyers in Nigeria’s 55 years of Legal Education, who are today not only the leading lights of the bar and the bench, but proudly sits at the top echelon of both.

    “The enviable position of the Faculty has however not come without some sacrifices. On this note, I must salute the industry and doggedness of the successive deans of the Faculty who have left no stone unturned in ensuring that the Faculty remained the toast of most Secondary School leavers desirous of becoming Lawyers in Nigeria. In equal measure, let me also commend the resilience and  commitment of all members of staff of the Faculty, who have ensured over the years that Ifelaw, remained a worthy brand.

    Chairman of the occasion, Prof. J. O. Fabunmi said that there are infrastructural decay, crisis in energy, health, education, and transportation sectors impunity by pubic officers and endemic corruption in the system, adding that all these vitiating factors are almost rendering the economy comatose.

    “To redirect the country to the path of growth and sustainability Muhammadu Buhari on being sworn in as president of Nigeria in May 2015, adopted a policy of change with the slogan of change begins with me. The message is that Nigerians should change from their old ways of doing things to a new way of transparency, accountability and faithfulness. The vigorous pursuit of this policy has gradually changed the perception of the world that Nigeria is one of the most corrupt nations.

    ‘’In this connection we must appreciate the strong determination of the present administration to stamp out corruption and other malpractices in the system and the efforts of agencies of government such as Economic and Financial Crimes Commission ( EFCC), the Independent Corrupt and other Related offences Commission (ICPC), the Department of State Services (DSS)

    ‘’The theme of the conference tallies with the government policy of change. The theme is divided into 17 sub themes covering wide area of human endeavours. I expect a critical analysis, discursion and evaluation of there sub- themes indicating where we were, where we are and where we are going.

    “A case in point is that of Magu, the Acting Chairman of EFCC.

    “ The Senate has passed a resolution that unless Magu is removed from office, it will not consider any nominee for appointment submitted to it by the president. Another case in point is the controversy over the 2017 Budget which remains unabated,” Fabunmi said.

    The key note speaker, Prof. Omotoye Olorode said: “Clearly, the character and the central economic, political and social interest of the  ruling class have not changed in any fundamental way since independence.

    “Opportunities for social transformation in favour of the large majority of the people have always been there. Some of these opportunities have accrued to the masses of the Nigerian people only incidentally as part of social engineering strategies of the Nigerian ruling class. Needless to say, the ruling class has continually reproduced, the ideology of imperialism and the class had became entrenched between 1978 or so and today.

    The ruling class under military and civilian dispensations has superintended a state where state apparati had been used largely to entrench its hegemony  at the expence of national development and of socio-economic advancement  of the large majority of the people. Laws and policies, serve the state that they control inspite of the efforts of legal activists on the Bar and Bench to use it to serve the cause of the people. Some of the gains which the mass of the people have made, from the incidental transformations and a whole lot of the mitigation of negative consequences of the transformations have also been made possible by the political action of lawyers and judges and of other fractions of civil society who are committed to building a peoples’ state and establishing a peoples’ jurisprudence.

    “Let me conclude by paying fulsome tribute to members of the Nigerian Bar and the Bench,  living and dead, young and old, who have courageously struggled to understand the material base of law in society, to humanise law and use it to defend our people. In particular, I will like to dedicate this lecture to those of them that have directly touched our lives during our agitations for human dignity and for a better society but who have passed on. I will like to mention in particular late Justice Rosaline Omotoso, the late Comrade AlaoAka-Bashorun and the late Chief Ganiyu Oyesola Fawehnmi ( SAN) and  Senior Advocate of the Masses (SAM). I will also like to acknowledge the courage and the sacrifices of my young (lawyer) friends and comrades who were always been with us in the trenches and who continue to promote law on the side of our people”

    Former Justice of the Court of Appeal, Justice Isa Ayo Salami (PCA) said: “It is on record that the faculty pioneered law reporting in Nigerian universities when in the 70s it started the erstwhile, very rich and popular University of Ife Law Report (U.I.L.R).

    “Not only did  it report decisions of the courts of record in the country,  but also embarked on reporting retrospectively important decisions of the high court and the appellate courts which hitherto remained unreported. This unique venture by the faculty opened a new frontier which considerably eased law practice because it produced law reports at a very reasonable and affordable price. It also ended the spring of surprise which influential or prominent legal practitioners who had access to unreported judgments of courts, especially Federal Supreme Court and West African Court of Appeal, on both the court and opposing counsel,” Salami said.

    Mr. George Etomi, whose goodwill massage was read by the Director-General, Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Dejio Adekunle (SAN), said: “As a lawyer who has advised local and international clients on many of the areas captured by this sub-themes of this conference and privileged to have a grasp of their importance to the national economy, it gives me joy to know that this prestigious Faculty is living up to its responsibility by leading discussions on these subject areas which are of national significance.

    “ If Nigeria must achieve its economic potential, we not only need to have the befitting regulatory framework for agriculture, aviation, banking and finance, capital markets, and intellectual property just to mention a few, we also need to have knowledgeable lawyers who can advise on the application of the respective legal framework, taking our social realities into context. We will need those lawyers as advisers in government, business corporations, law firms and even on the bench but there is no better place to begin to train them than in the university. As the 1 sixth President of the United States, Abraham Lincoln, once said: “The philosophy of the school room in one generation will be the philosophy of government in the next.

    To enable them excel, he urged law students and  young lawyers to acquire as much knowledge as possible of the World Trade Organisation (WTO)  and other international bodies, the provision of cross-border legal services is increasingly a global phenomenon. With time, more lawyers from outside this jurisdiction will be able to provide their services to governments and businesses in Nigeria just as much as Nigerian lawyers will be able to advise clients in other jurisdictions. Knowledge is a critical factor in competing on a global stage. We must therefore prepare for this reality and equip ourselves accordingly, particularly paying attention to our law students and young lawyers.

    “I have been impressed by reports of the successes recorded by OAU Law students at many international competitions on Arbitration, Human Rights, Space Law and Taxation among others and I must urge as many of us who can to lend our hand of fellowship to the Faculty to sustain such achievements.

  • AFBA promises ‘world class’ conference in Port Harcourt

    AFBA promises ‘world class’ conference in Port Harcourt

    The leadership of African Bar Association (AFBA) has assured participants in its  2017 Annual General Conference holding in Port Harcourt from this weekend to deliver a world class international conference.

    In a chat with The Nation, the Vice President (Budget) of the association who also was a  former General Secretary of the Nigerian Bar Association (NBA),  Mr. Ibrahim Eddy Mark said: ‘’The conference will be fantastic, the Local Organising Committee (LOC) under the chairmanship of Rivers State Governor, Chief Ezenwo Nyesom Wike, has done a marvelous job. The host governor is ready to showcase the wonders of Port Harcourt to the world’’

    On the security of the conferees, he said: ‘’Port Harcourt is safe, nothing is happening here, we have hosted several national and international events here in recent times”

    The National Vice-Chairman Northwest of the ruling All Progressives congress (APC), Mr. Inuwa Abdul Kadir who is also chairman of Nigerian Forum and chairman of the Marketing and contacts  committee for the conference said: “ The conference will be a tremendous success, we have made the right contacts, we have created the required awareness, we have visited our colleagues in high and low places to create awareness for the conference.

    ‘’We visited the Attorney-General and Minister of Justice, Abubakar Malami (SAN), the Corporate Affairs Commission ( CAC),  Bauchi State Governor, M.A. Abubakar, the Speaker of the House of Representatives, Rt. Hon. Yakubu Dogara and so on

    ‘’The Conference theme “Overcoming the Legal Challenges of Doing Business in Africa” is apt,  Keynote Speaker who is the  immediate past President of the Republic of Tanzania Dr. Jakaya M. Kikwete , other Heads of State, past, present and distinguished personalities from across the Continent and outside are  expected to attend the Conference.

    ‘’It promises to be an interesting conference indeed” Abdul Kadir stated.

  • Banwo & Ighodalo wins arbitration moot competition

    Corporate law firm Banwo & Ighodalo has won the maiden edition of the Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN) inaugural International Commercial Arbitration Moot Competition.

    Strachan Partners was runner-up.

    The competition held last Friday at the Lagos Court of Arbitration (LCA) headquarters in Lagos.

    Banwo & Ighodalo’s team beat participants from commercial law firms across the country including Dikko & Mahmoud, Moshood Shehu & Associates, SPA Ajibade, AELEX, Babalakin & Co. Sterling Partnership and Punuka.

    Other participants were Olisa Agbakoba Global, Broderick Bozimo & Company, Perchstone & Graeys, Streamsowers & Kohn, Wole Olanipekun, White & Case and M. A. Banire & Associates.

    The competitors comprised a four-man team of three lawyers of between one and three years post-call and a senior law student from higher institutions including Lagos State University and Obafemi Awolowo University, among others.

    Their performances were graded by a panel of judges including Mr. Babatunde Fagbohunlu SAN, Mr Etigwe Uwa (SAN), Mrs. Obasa Akpata, and Mr. Kolawole Mayomi of SPA Ajibade and Co.

    Co-chair of  YAN Prince-Alex Iwu explained the objectives of the competition thus: “Our moot is targeted at young arbitrators. The objective is to expose young arbitrators to issues in international commercial law, such as the convention on International Sale of Goods. At a time that you have to look high up to find those lawyers who are exposed to and interact and engage in international arbitration, we felt that it was important to organise a moot to give young lawyers and students exposure to international arbitration’’.

    Mayomi hailed the organisers and competitors, saying: “I think they are doing well, because arbitration is gradually taking root as the preferred means of dispute resolution particularly for commercial disputes.

    “If two contracting parties have a dispute to resolve, they want to resolve it and get on with their contract. The mere fact that there is a dispute does not necessarily mean that the contract has come to an end.

    “We’ve also discovered that young lawyers are not properly schooled in the art of arbitration at the university and law school because it requires special skills that also need developing.

    “So, the essence of a competition like this is to raise a new generation of lawyers who are arbitration-savvy, it’s a case of ‘catch them young’ or ‘teach them young’ so to speak, that this is a better, more cost-efficient way to resolve disputes, you don’t necessarily need to have your matter locked up in court.”

    One of the participants, a 400-level law student of Lagos State University (LASU), Agu Mesioma Emmanuel, relived his experience.

    “I was head of one of the teams that was attached to the Strachan Partners and our duty was to meet with them, draft the memorial, research, practise and then compete.

    “I competed alongside two full-time lawyers and we qualified for the finals. It was a very challenging experience appearing in the preliminaries with lawyers against other lawyers. It was also inspiring. This kind of pressure brings out the best in one.

    “This competition has been a great influence. Prior to this event I had very little knowledge of arbitration and the opportunities therein. So, this competition really opened my eyes, especially working with Strachan Partners as they are very good with arbitration.”

    Secretary to the board of LCA Aderonke Alex-Adedipe said the competition was a success.

    “I was particularly impressed with the students. The competition has shown that the level of our students’ education is not as poor as critics suggest,” she added.

  • El-Rufai, SGF urge more states to adopt ACJA

    Kaduna State Governor Nasir El-Rufai, Solicitor-General of the Federation (SGF) Taiwo Abidogun and Co-Chair, Federal Justice Sector Reform Co-ordination Committee (FJSRC), Prof Muhammed Tabiu (SAN), have urged more states to adopt the Administration of Criminal Justice Act (ACJA) 2015 in view of its many benefits.

    They praised the various innovative provisions contained in the Act, which they note, was capable of eliminating current challenges associated with the criminal justice system in the country.

    El-Rufai, Abidogun and Tabiu spoke in Kaduna at a two-day sensitis ation workshop on the ACJA held on July 17 and 18. The event was jointly organised by the Federal Ministry of Justice and Kaduna State.

    It was attended by Attorneys General and Commissioners of Justice from the 19 northern states, officials from the Federal Ministry of Justice, Nigeria Police Force (NPF), Nigerian Prison Service (NPS) and stakeholders from other criminal justice sector institutions.

    El-Rufai described the ACJA as the most important piece of legislation to effectively reform the  justice sector in the last 50 years.

    He said his state had adopted and domesticated the law and was about to begin its implementation.

    El-Rufai assured of his government’s commitment to sustaining efforts to sensitise officials to ensure adequate understanding and application of the Act.

    He said: “We welcome this model and we are likely going to call on the resource persons to come back to Kaduna to help train officials from the justice sector and sensitise them on the key provisions of this very important law.”

    El-Rufai said Attorneys General from the 19 northern states constituted a committee, on September 18, 2015 to review the Penal code and the Criminal Procedural code.

    He said in adopting the committee’s recommendations, members from the 19 northern states agreed to domesticate the ACJA and undertake a holistic re-writing and re-drafting of the Penal Code.

    El-Rufai said his state took the lead, among northern states, with the passage of the two penal codes by the State House of Assembly with effect on May 29, 2017.

    Abidogun, who was represented by the Director, Public Prosecution of the Federation (DPPF), Etsu Mohammed, urged stakeholders in the sector to collaborate to ensure the success of reform measures being introduced to aid the effectiveness of the criminal justice system.

    Abidogun urged states yet to reform their criminal justice system to adopt the ACJA in their states.

    He said: “Presently, only six (6) states have enacted their ACJA, while the Houses of Assembly in three states have passed the bill and it await the Governors’ assent.”

    Tabiu praised the progress made by Kaduna State Government in its adoption of the ACJA.

    He said the choice of Kaduna for the workshop was because of the state’s importance in the northern zone. He urged other states to emulate Kaduna in domesticating the ACJA.

     

  • NBA reconstitutes panels on indiscipline

    The Nigerian Bar Association (NBA) has reconstituted membership of its disciplinary committee to stem indiscipline.

    At the inauguration of nine NBA technical committees in Abuja, its President, Abubakar Balarabe Mahmoud (SAN), said it had become necessary to reconstitute its disciplinary committee to enthrone discipline and decency which distinguish the legal practice as a noble profession.

    He said the NBA would not fold its arms and watch helplessly as indiscipline erodes the culture of decorum.

    “I’ll like to say that we have had serious challenges of indiscipline and I like our members to reflect on this.” said. Mahmoud.

    He said the challenges border on unruly behaviours among members which, he noted, are contrary to the entrenched traditions of the profession.

    “These issues include discipline, respect for elders in the profession, seniority and decorum. I like to say that many of us are deeply concerned and have been despondent at the turn of events.

    “At times, some lawyers make hateful comments against their leaders, against their senior colleagues. This is very unacceptable. We will really put a stop to this.

    “The spate of litigations by members across the country is worrisome. Believe me, one of the first challenges that confronted me as President of NBA was the spate of litigation from various branches.

    “In Abuja, here, we have had serious issues of indiscipline, indecorum and indecent conducts. It is not about who is right but about what is right and appropriate for our profession.

    “I went to Osun State about two months ago and was confronted with serious issues of indiscipline perpetrated by our members who showed gross indiscipline to the Chief Judge, barricading the Chief Judge from entering the court premises. This is most unacceptable. I will plead with our members to show utmost restraint, utmost discipline and utmost respect.

    “Let me remark about comments we receive on social media. While we live in an era of social media, we, as lawyers must be careful about comments we make in the social media about our profession. Let us be advocates of discipline, let’s be advocates of decorum and let’s be advocates of decency.”

    He said this in view of the development, it has become necessary for the NBA to reconstitute its disciplinary committee and prepare the association for the challenges ahead.

    A statement by the General Secretary, Mr. Isiaka Olagunju listed members of the Lagos panel A to include Mr. George Oguntade  (SAN)  as chairman , Dr. Fabian Ajogwu (SAN), as the alternate chairman, Wale Irokosu, Mrs. Ifeoma M. Okwuosa, Femi Fajolu and Mrs Tosin Adekoya as secretary; Lagos Panel B include Dr. Babatunde Ajiboye (SAN) chairman, Levi Adikawaone as the Altenate chaiman, Mrs. Muna Esegine, Mbanugo Udenze, Morenike Obi-Farinde and Tochukwu Chukwumerije as secretary; Lagos Panel C has Mr. Kemi Pinheiro (SAN) as chairman, Biriyai Dambo (SAN) as alternate chairman, Asue Ighodalo, Mrs. Pricilia Ogwemoh, Inam Wilson, Lateef Ajayi and Omotayo Kazeem Olatunbosun as secretary.

    Members of the Southsouth panel include Mr. Chike Onyemenam (SAN) as chairman, Raymond Isitor, Austine Ajineh, Mrs. Alero Agboghoruma, Bola Adekanle, Simon K. Mokidi and Andrew Odum as secretary: Southsouth Panel B include Ntufan Mba Ukweni (SAN) as chairman, Marc Enamhe (SAN) as alternate chairman, Paul Ibom, Uduak Eneh and Joyce Opuah as secretary; Southsouth Panel C include  Dejo Lamikanran (SAN) Chairman, Dr Anthony Okorodas as alternate chairman, Joseph Zabbey, Amomia Amaso, Vincent Ogbumgbada , Emeka Ichoku and Nnamdi George Amadi;

    Mr D.C. Demwigwe (SAN) is Southeast Panel A chairman, Ndukwe Nnawuchi as alternate chairman, Sir C.O.N. Anyiam, Rev. Fr. Mbachu, Emmakaegbu, Alex Nwosu, Ejie Okeke Chimaroke, Udo Uduma, Barth Okoye, Okey Edede and N.D. Ojeh as secretary; Southeast Panel members include Justina Offia(SAN) as chairman, Emeka Anaenugwu as alternate chairman, Mathew A.O. Iyamabo, David Elueka,  Mrs. Theodore Igwebe, Ray Ukanwa, Ude Unya, Ifeoma N. Katchy, Mrs Ada Edozie and Steve Ononye as secretary;

    Southwest Panel A members are Olagoke Oluyemi Fakunle (SAN) chairman, Dayo Akinlaja as alternate chairman, Wale Afolabi, Ekerete Udofot,Benson Amuwa, Pastor Adewunmi, G.A. Adesina, Segun Isumede and Dosu Babatunde as secretary; Southwest Panel B comprises Michael Fashanu as chairman, Chief Ayodele Adebayo (SAN), alternate chairman; Luquan Laoye, Mrs. Ajose, Femi Akintomiwa, Mama Fida, Laide Yakeen Oladepo; Abuja Panel A has Ola Olanipekun (SAN), chairman; Paul Harris Ogbole, Okey Ajunwa, Dr. Sunday Kayode, Henry Ihunde, Adamson Adeboro, Uche Onyedum, Ayorunde Ogunleye; Abuja Panel B includes Tawo Eja Tawo (SAN), chairman; Sam Zibiri (SAN), alternate chairman; Anthony Oka, Daniel Oledeye, Elder Dickson Ibe, M.M. Ayinla, and Emeka Onyeaka, secretary.

    The Northeast panel is composed of Chief Leonard Daniel Nzadon as chairman, Luka A. Haruna, D.G. Hassan, Aisha Mohammed and Stephen Sunday as secretary; Northwest Panel has Nnamanso Ekanem as chairman, Maliki Umar as alternate chairman, Tajudeen Oladoja, Linda Bala, Abdulahi M. Danige, Abubakar Yusuf, Mohammed Sani, and Bafa Alhassan while Solomon Umoh (SAN) was appointed chairman for the Northcentral, K.K. Eleja (SAN), Ishaku Usman, Salman Jawando, T.T. Igba, Suleiman M. Limman and Nanfa Daniel Delleng as secretary.