The Nation Newspaper

Category: Law

  • Court holds moot arbitration

    The Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN) will hold its inaugural International Commercial Arbitration Moot Competition on July 28 at 1A, Remi Olowude Street, Lekki-Epe Expressway, Lagos.

    The LCA-YAN is an LCA-sponsored association for practitioners, students and young members of the arbitration community.

    The aim is to expose its members to the practice of international arbitration and provide them with a platform to exchange views on issues in international arbitration.

    Participating firms include AELEX, Aluko & Oyebode, Babalakin & Co., SPA Ajibade & Co., Streamsowers & Köhn, Punuka Attorneys and Solicitors, Perchstone and Graeys, among others.

    Organisers said law students from tertiary institutions around the country would also be participating in the competition.

    “It is expected that the LCA-YAN Moot Competition will ultimately boost practitioners’ interest in arbitration and equally improve arbitration skills and proficiency amongst young practitioners.

    “The LCA-YAN Moot will provide a unique opportunity for young practitioners and students to gain exposure to diverse issues in international commercial arbitration including emergency arbitration, joinder of parties and several other contemporary issues in international commercial arbitration,” the organisers said.

     

  • Court refuses to stop monarch’s installation

    A Benin High Court has struck out a suit seeking to stop the installation of Chief Anthony Ero Aleburu as the Odibiado of Sobe, Edo State.

    The defendants are Aleburu, High Chief Charles Edekin Bonnie and Chief Palmer Uhakheme, (for themselves and on behalf of other kingmakers of Sobe).

    Justice A.N. Erhabor in his judgment, struck out the suit on the ground that the claimant, Engr. (Chief) John Gold Imonikhe, failed to exhaust  all the remedies provided for or followed the procedure prescribed by applicable laws.

    The court held that the suit was not ripe for determination.

    Justice Erhabor also declined to restrain the first defendant from parading or holding himself out to the public as Odibiado and traditional ruler of Sobe.

    The claimant in a motion on notice dated December 28, 2012 filed through his counsel, Mr M.O. Okhuarobo, had sought four reliefs from the court including an order restraining the first defendant from presenting himself for installation as Odibiado of Sobe.

    He had also sought an order restraining the second and third defendants from installing the first defendant or any other person other than the claimant as Odibiado of Sobe pending the determination of the substantive suit among other prayers.

    In a 35-paragraph counter affidavit, the first and third defendant averred that the claimant was among the signatories that forwarded the name of the king-elect to the Edo State government in a letter dated March 27, 2012.

    They further averred that the claimant is not a full fledged Ibiado Chief since he has not completed the rites that could have qualified him as an Ibiado chief and alleged that he was not known to the town.

    The defendants also averred that  though the late father of the claimant reigned in Sobe and wore beads on him in order for him to proceed to complete all the rites in the presence of all Ibiado chiefs, he has not done this till date.

    They contended that the claimant exhibited ignorance of Sobe custom.

    In his judgment, Justice Erhabor, citing relevant authorities, held that where a statute prescribed a legal line of action for determination of an issue, the aggrieved party must exhaust all the remedies in that law before going to court.

    “It is my view that in a chieftaincy dispute, an aggrieved person who brings a suit must show that he brought his suit after he had exhausted the remedies provided or followed the procedure prescribed by applicable laws.

    “In other words, the statement of claim must articulate the essential fact that local remedies have been exhausted before resorting to court. I hold this suit premature and precipitate.

    “I agree that this action is not ripe for determination as the other remedies provided in the statute have not been explored. Consequently this suit is hereby struck out”, the trial judge added.

  • Peace a necessity, by DPO

    The Divisional Police Officer (DPO) of Oworonsoki, Okon Effiong, a Chief Superintendent of Police (CSP), has said peace is a panacea for the existence of societies.

    He urged the government to embrace peace.

    Effiong was presenting a paper during a visit by District 9110 Governor (DG), Rotary International, Dr Adewale Ogunbadejo to the Division as part of his visit to places in the group’s domain.

    In the paper titled: ‘Importance of peace and conflict resolution in Nigeria’, he harped on the importance of peace  in the society, noting that conflict can exist everywhere, including homes, offices, marketplaces.

    Effiong said: ‘’Without peace, we can’t in live,’’ adding that Nigerians should endeavour to embrace peace.

    He listed some factors as vital for conflict resolution.

    He thanked the DG for making the command his port of call after his installation on July 8.

    The Police Division later presented Rotary with a list of some of its challenges, which included a set of computers.

    Ogunbadejo promised to give the division headquarters the computer and a printer soon. There was applause.

    Rotary Club Gbagada South President Mr Ademola Olutusin said Oworonshoki is one of the peaceful areas in the state, urging all to support the police for this feat. He pledged a synergy between the club and the police.

  • 10 ways the ACJA can keep you out of jail

    The Administration of Criminal Justice Act (ACJA) 2015 merges the Criminal Procedure Act (CPA), Criminal Procedure Northern State Act 2004 and Criminal Procedure Code (CPC) into one Federal Enactment which applies to all Federal Courts in the country. Apart from promoting efficient management of criminal justice institutions, the law protects the rights and interests of suspects, defendants and victims from illegal detention in several ways. ROBERT EGBE highlights 10 of such ways.

    Prohibition of arrest-in-lieu

    Law enforcement agencies are sometimes accused of arresting friends and close relatives of suspects even when they are not linked in any alleged crime. The ACJA prohibits this. In sections 2 – 7 it sets out the procedure to follow when arrests are carried out by the police. Section 7, in particular, prohibits arrest in lieu. Thus, it is prohibited to arrest another person in place of a suspect.

    1. Prohibition of arrest in civil cases

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

    1. Recording of arrests

    Section 15 (1) & (2) of the Act provides that the process of recording personal data of a 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.

    1. 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. The AG may, thus, seek an explanation where there’s reason to believe a suspect is being illegally detained.

    1. 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 twenty four hours after the arrest.

    1. 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 recognisance, with or without sureties for a reasonable amount, to appear at the police station and at such times as are named in their recognisance unless he previously receives a notice in writing from the police officer in charge of that police station that his attendance is not required.

    1. 7. Chief Magistrate’s 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.

    Thus, the Chief Magistrate may enquire about suspects being unduly or illegally detained and facilitate their appearance in court.

    1. 8. 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 one hundred and eighty days from the date of arraignment.

    The returns shall be in a prescribed form and shall contain information including the name of the suspect held in custody or Awaiting Trial, the dates of his arraignment or remand, the date of his admission to custody, the particulars of the offence with which he was charged and 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.

    1. 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 recognisance or standing as surety for any defendant or applicant on the ground only that the person is a woman.

    1. Professional Bondsperson (surety)

    Section 187 puts to rest the issue of professional Bondspersons or sureties in the criminal administration system. The section 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 license. 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.

     

  • Police: Beyond the funding challenge

    Police: Beyond the funding challenge

    Policing does not come cheap. Inspector-General of Police (IGP), Ibrahim Idris said this much when he asked for at least N200billion yearly for investigation alone. The police got only N121million for that purpose in last year’s budget. Besides Idris, Court of Appeal President Justice Zainab Bulkachuwa and other stakeholders are worried about the poor funding of the police. But, some have argued that despite the billions of naira spent on policing over the years, nothing much has been achieved because of corruption. What other factors hamper police work? Or is funding the only problem? Is the Bill for an Act to establish the Police Reform Trust Fund the way out? Senior Correspondent PRECIOUS IGBONWELUNDU writes.

    As the Investigating Police Officer (IPO) in a murder case, Inspector Musa Adamu, wanted to travel from Lagos to Kano for the case. He approached his boss, who explained to him that the formation had exhausted the N4,900 monthly allowance for travels, adding that even if the the money was available, it could not take Adamu to and from Kano.

    The IPO was left with two options – turn to the bereaved family for help to embark on the journey, or forget about his lead and charge the matter to court.

    While still on it, the station received distress calls about an armed robbery and an accident in different locations.

    Having exhausted the quarterly N45,000 allocation for fuelling and other logistics, the policemen told the callers that “there’s no fuel.”

    The above scenarios highlight the daily plight of the police in executing their duties. Despite the onerous job, the government has over the years, starved the police of funds, no thanks to dwindling federal revenue.

    For over a decade, authorities clamoured for the Police Reform Trust Fund Act, to address the problem.

    Many Nigerians did not appreciate the need for the Fund in  the past, just as they felt that the police’ were yet to justify the resources availed them. To them, the “no fuel” excuse given by the police when called upon to do their job is “inexcusable.”

    This prompted a civil rights group to stage a protest to demand a probe on how the “billions” allocated for petrol were spent.

    To the group’s dismay, they were shown documentary evidence that a police formation gets not more than N45,000 every three months for all expenses.

    The pitiful condition was further highlighted by Inspector-General of Police (IGP) Ibrahim Idris at the public hearing on the Bill for an Act to establish the Nigeria Police Reform Trust Fund.

    Similarly, Court of Appeal President, Justice Zainab Bulkachuwa, along with other stakeholders, at a workshop in Abuja, called for better funding of the police.

    Although the issue of funding has been on the front burner for over a decade, Nigerians started paying closer attention after the police chief’s startling revelations on funds required for specific purposes and what was released.

     

    What the bill seeks to address

     

    When passed into law,  the Trust Fund would address issues of Information Communication Technology (ICT), patrol/operational vehicles, crafts and other facilities, provision of full complement of arms/ammunition, riot control equipment, protective gears, armoury and firing/shooting range

    Others include: forensic technology/scientific aids for investigation; operational/administrative logistics; community policing project/public relations; clothing/accoutrements; construction, rehabilitation and modernisation of infrastructure/facilities for capacity building (training), as well as rehabilitation/construction of stations, barracks and personnel welfare.

     

    The statistics

     

    Despite recommendations by the M.D. Yusuf Committee of 2008 that the police would need an estimated N2.8 trillion for capital development (N560 billion/year) within five years for effective reform, N16.1 billion was appropriated to the service last year but a paltry N10 billion was released, Idris disclosed.

    The police demanded N1.164 trillion between 2012 and last year for capital budget, out of which N64.999 billion was appropriated but only N40.477 billion was released and cash-backed. For overhead allocations, N328.34 billion was requested, N39.43 billion was appropriated and only N32.22 billion was released within the period under review.

    For investigations alone, the police need at least N200billion annually but got N121 million last year. With a fleet of 14,306 vehicles, including 3,115 motorcycles, the Force would need N19.9 billion to minimally fuel them yearly, but they got only N809 million last year.

    ‘‘What is most worrisome is that though the budgetary allocations on paper are insufficient to meet the financial needs of the Force, the actual releases are far below what is budgeted.

    ‘‘The basic requirement to provide adequate and appropriate items of kits for police personnel annually is N14,583,671,264 as against the N1,752,500,000 earmarked in the 2017 Appropriation. This limitation negatively affects the turn-out of Police personnel.

    ‘‘Of date, there are over 7,000 police formations and units across the federation. There is constant movement of personnel of the Force to either quell civil disturbance, contain violent crime, investigation purposes or even routine movement of personnel on transfers/posting within or outside these locations.

    ‘‘These movements entail the payment of appropriate Duty Tour Allowances (DTA), payment of allowance in lieu of hotel accommodation, etc. Unfortunately, allocation to the Force in terms of DTA is paltry. It is estimated that the Force needs over N200 billion for local travels and transport.

    ‘‘In the 2017 Appropriation, a budget of N411million is made for local travels and transport nationwide. This translates to an average of N58, 714 annually to each of the 7,000 locations or just N4, 893 monthly per formation. The implication of this is that Police officers on official assignments are not paid their DTAs, thereby making the Police to fall back on the state governments to offset some of these allowances.

    ‘‘The Police Trust Fund is crucial to the Force. If the Bill is passed into Law it will largely address the funding problems to improve on Police welfare and efficiency in the discharge of our constitutional functions,’’ said Idris.

    He  said it has been said severally  that the regular source of funding for the Police, through budgetary allocation has failed to address the financial needs of the Police to provide adequate security for the nation.’

    “The total average maintenance of the fleet was evaluated at N7.04 billion per year, but N486 million was released in 2016,” Idris added.

    Investigations by The Nation revealed that policemen would continue to collect kickbacks in order to sustain patrols, buy stationery and other office equipment because the quarterly N45,000 per station cannot sustain them for two weeks.

    According to some senior officers, information money that used to be provided Divisional Police Officers (DPOs) and other heads of commands to pay informants is no longer given. They disclosed that no police station could boast of having 10 canisters of teargas, adding that the Force’s anti-riot team is dysfunctional.

    They said each police station should have nothing less than five patrol vehicles, towing vehicle, a lorry to move exhibits and a bus to move personnel.

    The police officers decried the current practice where a DPO has to source for funds for the treatment of any wounded personnel.

    “Take time to visit police training schools. You will see how recruits are lumped up in hostels as though they are goods. They are fed with N150 per day, that is N50 per meal. You need to see the conditions of the food. How does the government expect anyone to come out from such condition and be reasonable? That’s why when they pass out, they see nothing wrong with crowding the cells with human beings because those were the conditions they were subjected to. It is pathetic,” a senior officer said.

    However, some Nigerians have argued that despite billions of naira spent on police over the years, not much has been achieved due to corruption.

    They believe that funding, though a challenge, is not the major problem of the police. To them, the police need to rid themselves of corruption, indiscipline as well as justify the resources availed them before clamouring for more.

    Others are of the view that poor funding is responsible for all other challenges the police face, calling on the National Assembly to speedily pass the Bill.

     

    Lawyers’ views

     

    Lawyers have supported the passage of the Bill but want people with impeccable integrity to be in charge.

    They also want an accountability channel to be  in place to avoid embezzlement and mismanagement.

    Those who aired their views on the issue are  Emeka Ngige (SAN), George Oguntade (SAN), Sylva Ogwemoh (SAN), Ahmed Raji (SAN), Festus Keyamo (SAN) and constitutional lawyer Ike Ofuokwu.

    Ngige supported the enactment of the bill, adding that issues of professionalism, orientation and training be reviewed.

    He said: “The average Nigeria policeman is poorly trained and thus lacks the professionalism expected of a law enforcement agent. Their orientation as at now is not on how to help a victim that is in need of help but how to exploit such a victim.

    “In other words, their orientation is a perverted one that centres on bribery and corruption. That is why I support the Police Reform Trust Fund Bill because money realised through the Trust Fund will be used to give the recruits and the serving officers proper training and retraining.

    “This will thereby enhance their level of professionalism in the discharge of their duties. The other aspect of the problem I find in the police is the mode of recruitment.

    “People with dubious character are still being enlisted in the force and yet the leadership appears to be helpless. I give an example. During the last police recruitment, one of the applicants used my name and photograph as one of his referees.

    “I have never met the applicant from Adam. Not only that, he used the name and photograph of a prominent traditional ruler from Anambra State as his referee. He got our photographs from the internet and then forged the reference letters with the photos. It was just by sheer coincidence that one of the examiners at the police examination of the applicants stumbled into the application form of this criminal and contacted me by phone inquiring whether I recommended anybody in writing for enlistment into the Police Force. I responded in the negative and the criminal was thereafter asked by the examiner to wait after the exam and see the officials. Before you could say Melaye, the criminal escaped from the examination hall!

    ‘’Now, if the examiner who knows me very well had not contacted me, the criminal, if he passed the exam, would have been enlisted into the force and be part of the policemen protecting our lives and properties. Can you imagine that!

    “There may be hundreds if not thousands of such criminals that may have been recruited into the Force using dubious identities and documents. This poses a major problem because adequate screening had not been done by the Police for these applicants. I will, therefore, urge that screening  of those already recruited into the Force should be a continuous exercise to fish out the bad eggs and throw them away.”

    On what the police need to be more effective, Ngige said merit should be upheld and quota system abolished.

    He said: “The last recruitment exercise  carried out by the Police was on the basis of quota; according to local government origin of the applicants across Nigeria. Merit was relegated to the background. This does not augur well for an efficient Police Force that we dream of. Merit should be given pre-eminence so that we can attract the best brains into the force.

    “Following this is the issue of remuneration of the personnel. I suggest that the emoluments of members of Nigerian Police should be the same with those in the Armed Forces like the Army, Navy and Air force. The policemen should be well paid and under no circumstances should they be owed salaries and allowances.

    “I fully support the proposal to make Police funding a first line charge on our consolidated revenue. If members of National Assembly, INEC, the NJC and others enjoy first line charge status under the amended Constitution why not the Police?”

    Oguntade said it was indubitable that funding inadequacy was a fundamental problem affecting effective policing in Nigeria, noting that the funds budgeted and released at the moment were being injudiciously spent as a result of corruption.

    He said: “The Tafa Balogun saga readily comes to mind. So, while I will support the establishment of a Police Reform Trust Fund, I will also add a caveat that the Funds be managed by an independent body who will submit periodic reports to the supervising ministry and the National Assembly. This way, transparency and effective utilisation of the Fund is assured.

    “Apart from the twin problems identified, another is that of gross indiscipline in the Police Force arising from inadequate training.

    “It may be difficult to divorce this from funding issues, but it remains a huge problem nevertheless and which ought to be tackled as a matter of priority.

    “Any Police Force will only be as effective as we make it. A society where Police Officers are paid non living wages, owed arrears, have no proper or adequate pension/insurance cover cannot augur well and this is evidently reflected in the situation we find ourselves today.”

    Ogwemoh said adequate funding was important for effective and efficient police investigation. He supported the passage of the Bill but noted that corruption should be addressed first.

    He said: “Despite the huge funds that have been channeled towards building the Police Force over the years, there is little to show for it in terms of crime prevention, detection and investigation.

    “It is key that the issue of corruption is confronted and steps are taken to clean up the police institution otherwise the passage of the Police Reform Trust Bill by the National Assembly will be meaningless.

    “Apart from the issue of funding, other factors hampering effective crime detection, prevention and investigation are lack of training and an effective capacity building mechanism in the Police Force. “There is an urgent need to overhaul the present system of training of police officers in Nigeria. A new programme of training ought to be drawn up which must focus on the physical and psychological wellbeing of the average police officer.

    “To achieve an efficient police system in Nigeria, corruption in the Police Force must be brought to a minimal level while the mechanism for training the police officers is improved upon’’.

    Keyamo said the idea of police trust fund has always been beautiful but the management of such fund has been problematic.

    He said: “I have not looked at the nitty gritty of the Bill but there must be inbuilt provisions for accountability. The major problem that has hampered police investigation till now is poor funding, which leads to lack of motivation on the part of investigators and also corruption.

    “It also affects the ability of victims of crime to be able to pursue the investigations because in most cases, the police would require the victims of crimes to go and raise money in order to enhance investigation. So, if victims don’t have money in Nigeria, they hardly get justice.”

    To Raji, there was need to restructure the police along readjusted federating units for effectiveness.

    He said: “The Nigeria Police is one of the oldest institutions in Nigeria from the Native Police Authority days. There is hardly any state today where the state government is not contributing to the funding of Nigeria Police.

    “It will, thus, seem that while funding is an issue, a bigger issue may have to do with the structure.

    “To achieve a better efficiency, I will humbly suggest a restructure along a readjusted federating units.

    “It may be counter productive to allow the present states to maintain or establish state police when they cannot pay salaries of workers.

    “We need to go back to functional federating units of six or eight regions with greater devolution of powers but in a united Nigeria. ý

    “But, let me salute our men and officers of the Nigeria Police for doing their best in the difficult situation they operate. A restructure will go a long way to assist in their job. It is not a vote of no confidence in them.”

    Ofuokwu admitted the police were underfunded, calling for a statement of emergency in the force.

    He said that serial corruption on the part of those saddled with the responsibility of managing police funds was part of the problems.

    He said: “Permit me to say that for a more effective, better, and result-oriented police that will conform with modern policing and best global practice, a state of emergency urgently needs to be declared in the Nigeria Police Force.

    “A fundamental review of what we have today needs to be put in place for a more effective and better policing, amongst which must be better funding through a bill for an Act to establish a Police Reform Trust Fund to be managed by tested and credible individuals of unblemished and impeccable integrity.

    “I must posit that there are other more serious issues confronting the police, among which is human capacity and the psyche of the average Nigeria Police officer.

    “They must be educated, trained and retrained through continuing education that policing is a community service, not an avenue for primitive acquisition and self aggrandisement. Finally we need to discard the idea of quota system and insist on the best at the point of entry.”

  • Magu: Let Supreme Court decide, say SANs

    Magu: Let Supreme Court decide, say SANs

    The ding-dong between the Presidency and the Senate over Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu continues. For the umpteenth time, the Presidency has restated that Magu, whose nomination as EFCC chair the Senate has rejected twice, is the man for the job. The Senate has said Magu must go for it to do its job of confirming nominees for executive positions. But the Presidency is not ready to balk. Lawyers point the way out. ADEBISI ONANUGA writes.

    There seems to be no end to the feud between the Senate and the Presidency over the confirmation of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.

    The lawmakers are quarrelling with the Presidency for keeping Magu in office despite their rejection of his nomination twice.

    But, according to a statement credited to Acting President Yemi Osinbajo, the Senate’s confirmation is not necessary.

    The Senate saw Prof Osinbajo’s position as confrontational and asked him to retract the statement. The Acting President, leaning on Section 171 of the Constitution, refused to do so.

    Although senators were divided on the issue, on resumption from the Eid-il-Fitri break last Tuesday, they renewed hostility against the Presidency.

    Immediately after Senate President Bukola Saraki read a letter from Osinbajo, requesting for the confirmation of Mr. Lanre Gbajabiamila as Director-General of the National Lottery Regulatory Commission, Senator Ahmed Sani Yerima (APC, Zamfara) raised a point of order on the Acting President’s statement.

    He insisted that the Senate discussed the Acting President’s statement before considering the request for Gbajabiamila’s confirmation.

    To show that it meant business, the Senate, after its debate, adopted some resolutions asking the Acting President to withdraw the statement that the Senate does not have the power to confirm certain nominees.

    It said the Acting President must respect the Constitution and other laws on confirmation of appointments.

    It resolved that unless the Acting President did this, “the Senate would suspend all issues relating to confirmation of nominees from the executive until all issues of confirmation as contained in the Constitution and laws of the Federation are adhered to”.

    In addition, it asked the Acting President to respect the rejection of nominees by the Senate.

    Prof Osinbajo in April, while speaking on Magu’s rejection, said: “It is up to the Senate to make their judgment, and it is up to us to say what we want to do. If our candidate is rejected, we can re-present him. No law says we can’t re-present him.”

    In his response to the threat of the Senate, Prof Osinbajo, who spoke through Governor Nasir El-Rufai on Thursday in Kaduna, during the inauguration of the EFCC Zonal office, insisted that “Magu is the man for the job”.

    The Acting President said: “We have every confidence in Magu to fight corruption to a standstill. He will remain the EFCC chairman as long as I remain the Acting President and as well as Muhammadu Buhari remains the President.

    “It is our belief that Magu will continue to remain a nightmare for corrupt people for years to come.”

     

    Conspiracy theories

     

    Some observers are, however, worried about the effect of the continuing face-off between the two arms of government over Magu. To some, the threat may have political undertone. To this group, the threat to get Magu out of office may not be unconnected with the agency’s plan to recover $3 million allegedly laundered for a governor, from the London-Paris Club refund. Some governors are alleged to be behind the scheme to get him out of office to forestall investigation by the agency.

    More worrisome to them are the Senate’s resolutions taken at a time it is expected to maintain status quo because of the cases in court on Magu’s confirmation.

    For instance on Friday, a Federal High Court in Abuja struck out a suit seeking to compel President Muhammadu Buhari to sack Magu and the suspended Secretary to the Government of the Federation, David Lawal.

    The decision was informed by a change of mind by the plaintiffs – Save Nigeria Group (SNG) and Kingdom Human Rights Foundation International (KHRFI) – whose lawyer, Kingdom Okeke, applied to withdraw the cases.

    The groups filed the suit marked: FHC/ABJ/15/1072/16 on December 29, 2015, in the wake of the corruption allegations levelled by the Senate against Lawal and Magu.

    Okeke applied orally for the withdrawal of the case because his clients had reconsidered their  position on the matter in the public interest.

    After listening to Okeke, Justice John Tsoho struck out the case.

    Okeke said after the court’s proceedings: ”The boards of the plaintiffs looked at the issue of the $43 million discovered in a flat in Osborne building in Ikoyi, Lagos and discovered that Magu had done well.”

     

    Falana’s position

     

    Activist lawyer Femi Falana (SAN) said the Senate lacked the power to confirm or approve any person appointed by the President to hold office in an acting capacity.

    He advised the Presidency to ignore the Senate’s resolution on Magu’s removal.

    His words: “The appointment was made by the President sequel to section 171 (1) of the Constitution. After Mr. Magu had acted in that capacity for over a year, the Senate refused to confirm his appointment as the substantive Chairman of the EFCC. However, as President Buhari was satisfied with the performance of Mr. Magu, he decided to retain him as the Acting Chairman of the EFCC.”

    Falana added: “The resolution of the Senate was alleged to have been anchored on Section 2(3) of the EFCC Act which provides as follows: ‘The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.’”

    In a statement entitled: “The illegality of Senate Resolution on Mr. Ibrahim Magu!”, Falana said the Senate’s action constitutes an affront to Section 171 (1) of the Constitution.

    He said the Senate ought to have known from the clear and unambiguous provision of Section 2 (3) of the EFCC Act that it has not been vested with the power to confirm or approve  any person appointed by the President to hold office in an acting capacity before passing its resolution.

    He said: “To that extent, the resolution of the Senate constitutes an affront to Section 171 (1) of the Constitution which stipulates that power to appoint persons to hold or act in the offices to which this section applies or to remove persons so appointed from any such office shall vest in the President”.

    He noted that Section 2 (3) of the EFCC Act relied upon by Senate to justify the non-confirmation of the Chairman of the EFCC is inconsistent with Section 171 (2) of the Constitution.

    “Indeed, of all the positions listed in subsection 2 of the Constitution, it is only the appointment of ambassadors and high commissioners made by the President that require the confirmation of the Senate. See Section 171(4) thereof.

    “Since the EFCC is an extra-ministerial department of the Federal Government, the appointment of its chairman does not require the confirmation of the Senate. In other words, Section 2 (3) of the EFCC Act is inconsistent with section 171 (2) of the Constitution. To that extent, the resolution of the Senate based on the EFCC Act is an exercise in futility.”

    He noted, however, that neither the Presidency nor the Senate has deemed it fit to seek interpretation of the relevant provisions of the Constitution from the Supreme Court, on  the power of the President of the Republic to make certain appointments without the confirmation of the Senate.

     

    More lawyers react

     

    Other lawyers, including Dafe Akpedeye (SAN), Babatunde Fashanu (SAN), former Chairman, Nigerian Bar Association (NBA) Ikorodu, Dotun Adetunji and incumbent chairman Levi Adikwaone, also spoke on the threat of the Senate to Vice President Osinbajo.

    Although they held dissenting opinions on whether the Presidency or the Senate was right, they agreed that the crisis was unnecessary.

     

    Impasse unfortunate

     

    Akpedeye described the impasse as rather unfortunate. He said: “The principle of separation of powers and checks and balances in a constitutional democracy such as ours is not in place for political tussle or ego clash but to check the propensity to abuse power by any arm of government.

    “The question that each party should ask is whether their stand is in agreement with the  the Rule of Law? They need to do some form of introspection to see the harm this tussle does to us as a nation; heating up the polity or stifling the run of administration at a period where we are yet grappling with economic and security issues cannot be in the collective interest of Nigerians. It is rather unfortunate.”

    Akpedeye noted that the implication on the Presidency and the Upper Chamber was quite enormous.

    He said: “If the Senate makes good its threat of withholding any further confirmation, the affected sectors will bear the brunt. For the constitution to require Senate’s confirmation for an office, it must be one that is very important and strategic to a national life. The civil servants in those sectors may continue the basic tasks to keep them running at the basic level but phenomenal growth and development may not be achieved. More instructive is the fact that this impasse may further strain the relationship between the Executive and the Legislature. Where there is no harmonious relationship between those two, good governance becomes difficult, if not impossible”.

    He reasoned that it was not likely the impasse would have much effect on government’s commitment to corruption fight. To him, the fight against corruption is not a one-man show.

    “The slur I see in the narrative is that the Senate’s rejection of his nomination is hinged on an alleged damning DSS report.”

    He, however, disagreed with the opinion that Section 171 of the Constitution confers power on the Presidency to appoint Magu in an acting capacity.

    “That section clearly itemises the offices where persons may be so appointed in an acting capacity. The Latin term  Expressio  Unius Est Exclusio  Alterius is apposite in this regardcv- that is: the expression of one thing is the exclusion of the other. If the Legislature had meant to include the EFCC in that list, it would have referred to it expressly.

    “However, the doctrine of necessity may be relied on in this case, as vacuum is undesirable in public office. Nevertheless, the idea of appointing anyone in an acting capacity is for a ‘stop-gap’ or if you like, interim purpose. It is not meant to be in perpetuity. Perpetuating same amounts to indirectly side-tracking the law that provides for substantive appointment to the office.

    “S 3(1) of the EFCC Act stipulates that the Chairman shall hold office for a period of four years and may be appointed for a further period of four years. The law does not envisage elongation of the Chairman’s term under the guise of acting chairmanship. In my opinion, it is not only unlawful, it is akin to setting a bad precedence.”

    He said the way out is for both parties to sheath their sword and find a middle ground.

    “The Executive should not make it seem like the fight against corruption is dependent on any individual. The Senate should also refrain from halting their constitutional duties to browbeat the Executive to their side. A political solution can be found.

    “Where this cannot be achieved, the third arm of government- the Judiciary should be called upon to interpret the extent of the powers of each arm as it relates to this imbroglio. The verdict of the Supreme Court should thus be final and binding on both parties.”

     

    ‘Allow Magu do his job’

     

    Fashanu blamed the development on the executive which he said ought not to have sought confirmation in the first place.

    He said: “In the constitution, the EFCC is not among the government bodies that need to be confirmed when they appoint their head and the constitution overrides any EFCC Act which is an inferior legislation. They do not have to seek confirmation again. If anybody is not happy about it, then they can go to court.”

    Fashanu stated that the reason the senate threatened the Vice President was because government did not sending Magu for reconfirmation again.

    “Osinbajo is of the view that they don’t need confirmation, they don’t need to send him back to them. Now that the Senate has now seen that they have been defeated, they are now saying that they would not confirm any body that needs confirmation under the constitution.

    “If the government says this is the person they want, and we can all see that he is performing, except of course if the Senate has something to hide, and I believe that those in the Senate have something to hide.”

    He said there was nothing illegal if the government decides to keep Magu in office in acting capacity.

    ‘I don’t know why they are taking it so personal that they had to remove Magu. Why are they taking it personal?”, he asked

    Fashanu advised that the government should ignore the Senate and keep Magu in office.

    “It is Magu that is the anti- corruption face! and the Senate cannot appoint somebody for the executive. It is the executive that has gotten the mandate. And if the government has come to the conclusion that they don’t need their confirmation, then that should be it. If they feel it is Magu that can do the job, they don’t need their confirmation. If the Senators feel they should confirm, let them go to court. It is not by saying that if there are other people that need confirmation, they would not confirm. Is that what we elected them for? They are not doing their job. The path that the Senate has taken is pro-corruption. If they want to support the anti-corruption programme, then they should allow government to pick whoever they like. Let them allow Magu to do his job instead of behaving like school boys”, he added.

     

    ‘Tit-for-tat not necessary’

     

    Ananaba said the directive of the Senate to the acting Vice President was not right, describing it as a result of “tit for tat.”  He noted the row between the Senate and the Presidency is not what is needed in the country now.

    Ananaba said: “We need cooperation between the arms of government. I believe this particular incident should have been referred to the court for proper solution. There is a reason why sections 4, 5 and 6 are put near each other. It is because they have to work with each other. So, if four and 5 have disagreement, they go to 6. So, now, the matter should be referred to the court so that the court would determine this confirmation issue.

    “The argument is that the constitution does not provide for confirmation. The practice has been by the earlier governments, including this government, to send for confirmation. So, why would you send for confirmation if you didn’t think that it was necessary? The issue is that something as important and constitutional, that the Senate should have been neutral.

    “But I think that the rejection of Magu should not raise so much problem. It should be referred to the court to determine whether confirmation is required. And when the court makes a pronouncement, that matter would be left to rest rather than the reactionary situation that we are seeing now.”

    He said the resolution of the senate that if Magu is not removed, they won’t confirm any other person needing confirmation would affect the progress of government and economy ‘which is why we need government.”

    “Whereas this country is facing more problems than issue of confirmation or no confirmation. Our President is sick. We need to pray for him, we need to come together. How can we now begin serious fight again even when our President is sick, even when what we have is an acting President? I think this is not the best for us. I think we should take it in a matured manner, refer it to the court and then we would not have issues”, he said.

     

    ‘Judicial solution required’

     

    Adetunji said the “only consequential step forward is to invite the court to expeditiously state the true position of the law once and for all.

    “Both the executive and legislature, as it were, have the onus on them constitutionally as per Mr. Magu’s appointment but the ensuing power play is what the court needs to rationalise and decide upon once and for all.

    “In my humble opinion, the war against corruption is too important to be mired in this type of controversy and as such, an urgent solution is required. The present situation of the country in the instant is a risky one considering the impassé between the Senate and the Presidency.

    “If the lawmakers make good their threat not to confirm nominees for public office henceforth until the battle between the two arms of government over the fate of the Acting Chairman of the EFCC, Mr Ibrahim Magu, is resolved, this will have an adverse effect on the situation of the country apart from the fact that it will affect preparations for the 2019 general elections and other important national activities.

    “It might equally tempt the Executive to also resort to counter-measures which could plunge the nation into crisis and endanger our democracy.

    “This obviously is a needless power struggle and a distraction to the nation’s growth. The timely intervention of the court in the circumstance seems to be one of, if not the only way out of this quagmire,” he said.

    Adikwaone said: ”I really do not know the basis for the face-off between the Senate and the Presidency on the matter of Magu as the EFCC helmsman.

    “When you juxtapose Section 171 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) with Section 2(3) of the EFCC Act,  I am of the respectful opinion that until the court says otherwise, the position of Senate would stand.

    “Senate’s position is supported by the Executive vide the report of one of its agencies, the Department of State Services (DSS).

    “Two, there is an extant law – Section 2(3) of the EFCC Act – expressly empowering the Senate to confirm the appointment.

    “Thirdly, the Presidency, on its own accord presented Magu to the Senate for the umpteenth time for confirmation. For the Presidency to turn around at this point in time smacks of approbating and reprobating.

    “For me, Magu, respectfully has been rejected ex cathedral, ex cautela! The only thing that can save him is a court seized with jurisdiction.

  • Eastern Bar elects new governing council members

    Eastern Bar elects new governing council members

    •Forum dissolves committees

    The Eastern Bar Forum (EBF) of the Nigerian Bar Association (NBA)  has elected members of the governing council to pilot the association’s affairs for the next two years.

    The EBF, a regional forum within the NBA, comprises 43 branches in the nine states that make up the old Eastern Region.

    Those elected are  Chairman (Governor) Chief Arthur Elvis Chukwu,  Vice-Chairman Anthony E. Okorodas,  Secretary Paul  S.T. Ubom, Treasurer  Egbunonu Emmanuel, Financial Secretary Joe K. Berebon, Publicity Secretary Georde l. Fortune, Asst. Secretary Damian  O. Nosike while  Ogunji. C. kingsley and Augustine I. Owo  are members.

    In his acceptance speech, the EBF Governor, Chief Arthur Elvis Chukwu said: “Everyone without exception acknowledges the EBF as the most organised forum within the Nigerian Bar Association as it carries without pretext its banner of fairness, justice, equity, good conscience and the rule of law.

    “It is, therefore, not surprising that at a time like this when political gladiators could maim and kill in the jostle for political positions, the EBF chose to show the right path once more by returning the governor of the forum unopposed and even the rest of the council members, because of the level of confidence you have come to repose in us and your trust in our capacity to steer the ship of leadership to brighter shores and for the benefit of the legal profession, our dear nation and entire humanity.

    “This does not in any way diminish the gargantuan human resources which the Forum proudly parades, it rather projects the EBF as peace-loving, calculated, brilliant and understanding people prepared to conduct her affairs with all the humility that is appropriate to her very unique circumstance as we position the Forum as a shining example and a pathfinder in the actualisation of peace and unity in our country which has become illusive apparently.”

    In his valedictory speech, former chairman of EBF Governing Council, Elder Efefiom Otu Efiom Ekong, thanked members of the forum for the support given to him and his executives during his tenure.

    He said: “During our tenure, we were also successful in obtaining allocation of land for the creation of the EBF Permanent Secretariat as well as a Temporary Secretariat from the government and good people of Enugu State.

    “Plans are ongoing for the Forum to meet the appropriate authority to take physical possession of the allocated land and Temporary Secretariat both situate at Enugu.

    “We are glad to report that the finances of the Forum have significantly improved as a result of the sacrifices made by members of the Governing Council and prudent management of funds. As at  today, the aggregate balance in the Forum’s two Accounts in Zenith Bank Plc and Ecobank Nigeria Limited stands at N6, 604,814.44.”

    Speaking on behalf  of Senior Advocates, Chief Arthur Obi Okafor, congratulated the members of the governing council on their election and desire to serve the association.

    He said: “As our brother E.E. Ekong and his immediate past executives did well, this executive will do better. As we go into the next round of elections which is always very challenging, the forum should be careful and do everything in the best interest of the forum.”

    The event was attended by senior Bar leaders from the EBF and beyond, including:  the Second Vice-President of the NBA, Monday Onyekachi Ubani, Third Vive-President  Ben Oji who represented the NBA President, Chief Ndukwe Nnawuchi (SAN), former General Secretary of the NBA Emeka Obegolu, Prof. Ogugua Ikpeze, Secretary of Egbe Amofin, Ranti Ajileti, T. T. Hyndu and several Bar leaders.

    The new chairman dissolved all standing and ad hoc committees of the association except the Information and Communication Technology (ICT) Committee which is headed by former Secretary of the group, Mr. S. Long Williams.

    He set up a fundraising committee to build its permanent secretariat in Enugu, noting that he was eager for the next meeting of the Forum.

    The committee is chaired by Ntufan Mba Ukwene (SAN) while its members include Atta Ochubuike, Mrs Pat.  Igwebuike, Prof. Ogugua Ikpeze,  E. E. Ekong, Chief  O. O. Igwenyi , Nnamdi Otubu, Mrs. Ada Obi Edozie, Mrs. Joyce Odua and Kingsley Olemeforo who will serve as its secretary.

  • ‘Day my hairstyle caused a stir in court’

    ‘Day my hairstyle caused a stir in court’

    Onwuka Ngozi Rosemary is the eighth child in a family of 10. Her parents are not graduates, but they saw her and her siblings through university. The 2012 alumnus of the Nnamdi Azikiwe University, Awka, shares her law journey with ROBERT EGBE. Excerpts.

    Decision to study law

    I’m the first and only lawyer in my family. Growing up, I had this passion for law. I’ve always wanted to advocate human rights, to help people in whatever little way I can to put smiles on people’s faces. I felt I could achieve that through law.

    My family

    My father is a businessman. My mother is a fashion designer. My mother gave birth to 10 children: seven boys and three girls. I am number eight. All of my siblings are graduates. It was just my decision to study law and today my parents are proud of me.

    Call to Bar ceremony

    My father was ill when I was called to the Bar and my mother was taking care of him, so they both could not attend. It was my siblings that attended. But they celebrated it at home in the little way they could. When I got back from the ceremony in Abuja, it was wonderful. We went to church, celebrated. We called a photographer to the house, and took family pictures together with me in my Call to Bar attire. My father can’t stop telling people ‘My daughter is a lawyer’.

    The journey so far

    Law practice has not been easy, at all. All my life I lived in the east. But after National Youth Service, I decided to come to Lagos to practise because this is where things happen, this is the base of legal practice in Nigeria, and this is where I felt I could get all the experience I need to rise in the profession. But it has not been easy. The senior lawyers will always tell you to first consider the experience you will gain and not really the money. But you do need the money and so far so good, I’m thankful.

    First solo court appearance

    I was called to bar on a Thursday and I was in court the following Monday, alone. Thankfully, it was just for a judgment. My boss at my NYSC place of primary assignment just told me ‘Go, this is your first case,’ and thank God it was successful. I was so shy in court.

    Losing a case

    I felt so bad. There was one I didn’t really handle from the beginning. I was with other lawyers in the matter, but we have appealed.

    Sexual harassment

    No, I’ve never experienced it. As a woman, men will always come your way, but I found a way to turn them down politely.

    Junior/senior lawyer relationship

    One thing I always notice about senior lawyers is that they have this attitude of not taking blame. If anything goes wrong, they always find a way to blame the junior counsel. That’s one area that I don’t really like, but, of course, I’ve got used to it. Nevertheless, most senior lawyers I have been priviledged to work with have been really supportive. Their mentorship and guidiance has really contributed to my advancement in the legal profession.

    NBA’s role NBA in young lawyers’ careers

    The Nigerian Bar Association (NBA) can help in so many ways. First is the issue of junior lawyers’ minimum wage. Some junior lawyers earn as low as N10,000 monthly, some N20,000, although a few are lucky and earn very well. A good minimum wage will go a long way to encourage young lawyers. When you become a lawyer, so many people start looking up to you. They say, you’re a lawyer, so you can take care of yourself. Ever since I became a lawyer, nobody gives me money again; rather, they expect me to give them.

    So, the NBA can go a long way in sensitising senior lawyers that are in a position to employ to provide better work conditions. It can also organise more workshops, seminars for junior lawyers to help update our knowledge, you know law is about continuous legal education.

    Bar conference

    Last year, we paid N8,500 as early bird payment. This year, we are paying N20,000 for the youngest lawyers of between one and five years post-call. That money is too much for us.The NBA would do well to subsidise the fee for young lawyers.

    Embarrassment in court

    There was a day I made a kind of hairstyle to the Court of Appeal. It made my head so big that when I wore my lawyer’s wig on it, the wig was barely hanging. As soon as I walked into the room, the justices said, “Lawyer, why are you wearing a wig on a wig?”. Everyone began staring at me. “Don’t wear a wig on a wig and come to our court again,” they said.

    And everyone, even the litigants and other non-lawyers began to laugh. It was very funny to them. But that’s one of the challenges for me as a female lawyer because there are some kinds of hairstyles I can’t take to court otherwise the judges could embarrass one.

  • ‘NJC must be consistent in disciplining judges’

    ‘NJC must be consistent in disciplining judges’

    Mr Okoi Obono-Obla is Senior Special Assistant on Prosecutions to President Muhammadu Buhari. Before his appointment, he was known for his human rights activism and crusade against corruption. In this interview with JOSEPH JIBUEZE, he speaks on corruption in the judiciary, why cases drag in court and the role of judges, and why Nigerians should not worry about loss of high profile cases in some high courts.

    Are the concerns of Nigerians about loss of high profile cases misplaced?

    The loss of cases should not be an issue. There are those who have expressed concerns – unnecessary alarms. You saw the conviction rate of the Economic and Financial Crimes Commission (EFCC). In the first quarter of the year, it secured over 60 convictions. We have lost about four cases involving politically exposed persons but it’s not an issue. The war is on course. Anybody familiar with the legal system knows that we’re just beginning. Cases will go through the three hierarchies of courts. Even if Senate President Bukola was convicted, won’t he appeal? He would definitely go to the Court of Appeal, and if he wins there, we (the prosecution) would go to the Supreme Court. Let Nigerians wait until we have gone through the three hierarchies of courts before they can pass judgment. For now, it is premature. It’s going to be a long-drawn fight.

    How would you react to accusations that the prosecution does not do a thorough job?

    Don’t forget that this people won’t take is easy. If you’re convicted, your career and name are gone. So, they will fight to the last. There is this narrative that we’re losing cases because we’re not serious, that investigations are done shoddily, or that prosecutors are incompetent. These are false claims. It is the supporters of corrupt people who are selling this narrative to Nigerians. Those who prosecuted Saraki and Ademola were among the best prosecutors. I am a lawyer. I present a case to the best of my ability, but who is to rule? It’s the judge. No matter how brilliant you conduct a case, if the judge does not want to give you judgment, he will definitely look for a reason not to do it. And that is why we have the appellate courts to correct the errors made by trial courts. That is how the system works. So, we should not be unnecessarily alarmist. We’ll get there, I can assure you of that.

    What frustrations have you experienced in the war?

    A lot of people who are used to the old way of doing things – lawyers and judges – don’t want to change. They’re resisting, and that is what you see as tension between the executive and the judiciary. Society is not static. For instance, the Administration of Criminal Justice Act (ACJA) ACJA says if you want to bring an objection against a charge, you can argue it, but a ruling will not be given until at the end of the matter. Also, section 306 of the Act says there should be no stay of proceedings. Despite that, you still find lawyers filing stay of proceedings pending appeal. If they’re overruled, they go on appeal. Recently the Supreme Court delivered a landmark judgment in a case brought by Olisa Metuh. He brought an appeal on a ruling by Justice Abang on a no-case submission. He also asked for a stay of proceedings. The Supreme Court gave a judgment on the constitutionality of Section 306. They had argued that the section is unconstitutional and impinges on the right to appeal. The lower court stayed the matter for about five or six months. So, there’s a refusal of some lawyers to cooperate, abide by the ethics of the profession which says that are lawyers ministers in the temple of justice. Our work is to ensure that justice is done, not only to the defendant, but to society.

    What is the role of judges in enforcing ACJA?

    You see, some of the judges are not firm. They pander to senior lawyers which shouldn’t be. Everybody is equal before the law. So why must a judge who has control of his court pander to the antics of a senior lawyer? If a Senior Advocate of Nigeria (SAN) makes an application for an adjournment, they will indulge him. In one matter, a  SAN claimed that he was in Mecca. We argued to the contrary that even if you’re in Mecca, you have lawyers in your chambers. Yet the judge acceded to the application for a long adjournment. What do you expect us to do? Who is to be blamed? It’s either the judge is incompetent or is not firm or is not knowledgeable about the law. And in that case, you cannot blame us.

    What do you expect of the National Judicial Council (NJC) in this regard?

    We want the NJC to do the needful. They should be alive to their constitutional functions. The NJC is responsible for disciplining of judges. It is made up of eminent jurists. They know what to do. They should just do what is right. It is in the interest of the judiciary that we have a judiciary that is perceived to be fearless, knowledgeable, has integrity, and is very mindful of its image. So, that’s what we’re asking them. Just be mindful of your image. Don’t send the signal that you’re trying to protect some judges or some categories of judges, which we have seen.

    Do you think the NJC has been protecting judges?

    I have mentioned elsewhere about a judge against whom a petition was written on the 14th of July 2016. It was received at the NJC registry on July 16. Till now, they have not investigated that complaint. The complaint was filed by aggrieved Peoples Democratic Party (PDP) members of the National Assembly who claimed that they were beneficiaries of a judgment of the Federal High Court. But one of the recalled judges sat on that matter, and technically overruled his learned brother as if he was sitting as an appellate court. You cannot overrule the decision of your learned brother, being courts of coordinate jurisdiction. The petition was that the judge wrote two different judgments. The one read in court was different. NJC didn’t investigate the matter. So, the NJC should be consistent in punishing judges who have gone contrary to their oath of office.

    Why has the Special Courts Bill not been passed?

    The bill was prepared by the Presidential Advisory Committee Against Corruption (PACAC), which did a fantastic work. I think we should have that court if it will facilitate expeditious hearing of cases on corruption and economic and financial crimes. I support it. It will go a long away. Most courts are so busy with full dockets. You should direct that question to the National Assembly. This fight should not be soon as Buhari’s fight or the fight of the executive branch of government. Everybody – the judiciary and the National Assembly – should work together to fight corruption because it has become cancerous. It’s pandemic, endemic and has to be tackled. People should stop seeing it as Buhari’s battle, it’s not.

    Do you believe in the fight against graft?

    I have faith that the fight against corruption can be won. We’re resolute. We’re bent on cleaning up the country. We’re determined. We’ll fight on despite the setbacks and challenges. We have done so much. For the first time in the history of this country, at least this government has shown the will to take big people to court – people who used to consider themselves sacred cows. That alone is enough. If you’re a good man, built a reputation, have character, people respect you in the society, and then you’re dragged to court, put in the dock, even if you’re freed of the charges, there is a doubt around your character, what I’ll call stigmatization. The essence of criminal law is to reform people – deterrence. Even in the ACJA, there are provisions for suspended sentence. The essence of criminal law is not about conviction. So the narrative must change. We’re just beginning. A lot of cases are pending against politically exposed persons. And the ones on appeal, we’ll pursue them to their logical conclusions.

    What do you have to say about ‘media trial’?

    That’s nonsensical. There’s nothing like that. The Fourth Estate of the Realm has to report. If people are arrested, they have to report. They have to tell Nigerians who have the right to know. If people are put on trial, they have to report. Does that amount to media trial? It is not. If naming and shaming will change Nigerians to stop putting their hands into government till, then so be it. If the media reports cases under investigation or those who have been arrested, there’s nothing wrong with it.

    Is it true that you criticize the judiciary a lot because you were denied the SAN rank?

    Some people have told me to be careful about what I say as a lawyer, but I don’t give a damn. This country comes first. If I will be denied of what I am entitled to because I am all out to ensure we have a transparent judiciary, then so be it if that’s the price I have to pay. It is not a personal fight. A Justice reported me to a Chief Judge. I met the CJ a funeral in Calabar. He asked me to see him but I forgot. He called me the next day and said a judge of the Supreme Court complained that I was not fair to him. He said I talked about his case on TV. I said it’s not a personal thing. I don’t have any personal issue with the justice. I don’t even know him personally. If I am given an assignment I will do it to the best of my ability professionally, conscientious and diligently. I’m not doing this because I have been denied the rank. I am qualified, at least based on the prescribed number of cases required of lawyers applying for silk. I think I have the learning and the scholarship to be a SAN. I have always been vocal about good governance. I’m an activist of 25 years. All through my practice I have spoken against social injustice, corruption and advocating for good governance. I’m not being critical because I’ve been denied a rank. I’m not desperate to be SAN. If they don’t want to give it to me because I’m outspoken, no problem. That is the price I have to pay for Nigeria to move forward. I also suffered non-confirmation for the Nigerian Communication Commission (NCC) membership job by the Senate. I see corruption fighting back. I’m just doing my work. I’m enthusiastic about it, passionate about this country. I want this country to move forward. If that will make me not to have some privileges, fine.

    Do you agree with Prof Itse Sagay’s view that the NJC was working against the corruption fight?

    I support Sagay’s position. There is no doubt about it. We’re not saying that if we take people to court, if there’s no evidence, you should convict them. Just do the right thing. We hear a lot of stories. We have eyes. We know the system. I have practised law for over 20 years. I know how the system works. We know the judges who are bad. It’s not all the judges who are bad. We know the bad ones. NJC is not doing enough. If they’re doing enough, all judges that have undergone criminal investigation, that have allegedly collected money from lawyers, they should make a list of them and send to Mr President, and recommend their retirement from the Bench. And they should stop protecting some judges.

    Hasn’t  NJC been disciplining judges?

    We have taken complaints to NJC and they don’t want to handle them. Let me give you an instance. We reported a judge of the Rivers State High Court. We got a petition from a woman who was elected a member of the River State House of Assembly under the platform of APC. Her opponent challenged her victory. He went to the tribunal and lost. He appealed and lost. The Court of Appeal ordered that a certificate of return should be issued to the woman. INEC issued a certificate of return to her. Her opponent went to the Rivers State High Court to file a lawsuit against her. The judge issued an ex-parte order restraining her from taking her sit for one year. For one year, she was not allowed to be inaugurated in the Rivers State House of Assembly. We petitioned against the judge as to why he should dabble into an election matter that the Court of Appeal had given a final judgment on. National Assembly election petition cases terminate at the Court of Appeal so any judge who is knowledgeable, who has integrity should know that he should not issue an ex-parte order to restrain somebody who has been elected and gone through the litigation process. Do you know what NJC did? It said that judge should be warned. And that he’s on their watch-list.

    Is that all?

    Another judge in Akwa Ibom issued an ex-parte order against EFCC, the police, DSS and ICPC to restrain them from investigating a former governor of Akwa Ibom State. Some lawyers reported that judge. NJC said he should be put in a warning list. There’s also a judge from my state who granted an ex-parte order in an ordinary civil proceedings. Do you know the punishment he was given? He was retired. But the one who restrained anti-graft agencies was put on watch-list. The one who gave ex-parte order preventing someone from taking her seat in the House of Assembly for one whole year was placed on watch-list. So, you see the inconsistency of the NJC.

    How can such inconsistencies be solved?

    I’ve expressed the view that you cannot be a judge in your own case. That is a fundamental principle of the law of natural justice. Why should judges be the judges of judges? NJC should be made up of members of the civil society. They don’t need to be judges. They don’t need to be lawyers. We have a lot of members of the civil society who are people with integrity. They can look at complaints against a judge dispassionately and objectively. We see them trying to protect some classes of judges. Some because their parents or grandparents were eminent jurists, their grand fathers were chief justices of Nigeria, their fathers were at the Court of Appeal, then they’re seen as children of the judiciary, then they have to protect you. But if another judge who does not have that sort of pedigree commits an offence, they will descend heavily on that judge. We have seen it. That is why we have a lot of judges who have misbehaved but have become institutions. A friend of mine who is a SAN filed a complaint against a senior judge of Federal High Court. He was very certain NJC would retire the judge after the case. But the judge was exonerated. And he has dirty records. We know them.

    What is the role of lawyers in this?

    Lawyers know the corrupt judges but they’re afraid to speak out because judges will punish them or not give them good recommendations. But we have to change the system, because lawyers are no longer making money. A SAN told me: ‘We may not come out and clap for you. But we’re very happy with what you’re doing to cleanse the judiciary. As a SAN, I cannot pay my bills. Litigants don’t come to us again. They prefer to go to judges directly.’ Why must we be hearing scandals about the Supreme Court? In the past, judges will not allow a politician to visit them and begin to discuss pending cases. But now you see Supreme Court justices allowing politicians to come and discuss cases before them. And they will not arrest them?

  • Institute launches arbitration scheme

    The Chartered Institute of Arbitrators (UK) Nigeria Branch has launched an arbitration scheme for small businesses.

    Its Chairperson, Mrs Doyin Rhodes-Vivour, said with the scheme, Micro, Small and Medium Enterprises (MSMEs) no longer need to spend long years in court over minor disputes.

    According to her, MSMEs were key to economic growth, therefore they needed to resolve disputes in an efficient and cost-effective manner.

    “We recognise that MSMEs are an integral part of the Nigerian economy, and that if they do not have access to timely and cost effective dispute resolution, it can affect their growth, which can affect the economy.

    “The scheme is to ensure that we provide MSMEs access to cost effective dispute resolution. You can spend 15 years in the court trying to resolve a dispute. You can imagine the impact of that on your business, not to talk of the bad publicity,” she said.

    She said the process was party-driven in which disputants choose who resolves their disagreement.

    “We have a list of arbitrators of the institute who have signed on to the scheme. When a dispute arises, parties will have the option to choose an arbitrator. If they want us to appoint for them, we will.

    “Arbitrators who signed onto this scheme have agreed to accept a reduced rate, all in the public interest. This is a service, a commitment that we have taken on,” Rhodes-Vivour said.

    On the cost, she said the scheme involves the payment of a non-refundable administrative fee of N10,000.

    “For commercial disputes with monetary value from N250,000 to N1million, the arbitrator’s fee is fixed at N50,000 and all other recoverable arbitration and party expenses will be capped at a maximum of N25,000.

    “For disputes with monetary value from N1 million to N2 million, the arbitrator’s fee shall be fixed at N100,000 and all other recoverable and party expenses capped at N50,000.

    “For commercial disputes with monetary value from N2million to N5million, the arbitrator’s fee shall be fixed at N250,000 and all other recoverable and party expenses capped at N100,000,” she said.

    Chairman of the Schemes Committee, Mr Juwon Adenuga, said through the scheme, parties get a court judgment quicker without passing through a long litigation process, adding that decisions reached (awards) are enforceable just like court verdicts.

    “The scheme proposes that you have an award in 90 days. An arbitration agreement is a pre-requisite for an arbitration to take place. It is strongly advised, therefore, that recommended arbitration clause is inserted in contract documents or  at least on invoices or receipts issued in the course of business transactions, provided recipients of invoices sign on them in acceptance of the arbitration agreement.

    “In the absence of arbitration clause, a submission agreement or a jointly signed application for appointment of an arbitrator will be taken as consent of both parties to submit to arbitration,” he said.

    There was a panel of discussion chaired by former Attorney-General of the Federation Chief Bayo Ojo (SAN). It featured former chairman of the branch Mr Babajide Ogundipe, former Lagos Attorney-General Olasupo Shasore (SAN), the institute’s third vice chairperson, Mrs Sola Adegbonmire, and arbitration experts Mrs Ososa Akpata, Mr Emeka Azinge and Mr Adenuga.

    Ojo described arbitration as a win-win situation in which disputes are resolved timeously, efficiently and in a cost effective manner. “There is no disadvantage whatsoever,” he said.

    Shasore said with the scheme, small businesses no longer need to resolve disputes in police stations.

    “Efficient dispute resolution will boost the rule of law and confidence in the justice system. Everybody should be excited about what this scheme will do,” he said.

    Lagos State Commissioner for Commerce, Industry and Cooperatives, Prince Rotimi Ogunleye, said the scheme came at a time the economy needed more patronage of Made-in-Nigeria goods to boost MSMEs.

    “This innovative ADR scheme will essentially expand the frontiers of MSMEs’ contribution to the state’s and nation’s economy as inevitable transactional disputes will be resolved expeditiously through the avoidance of the pitfalls and challenges in the conventional judicial processes,” he said.

    President of the Chartered Institute of Bankers of Nigeria (CIBN) Prof Segun Ajibola,  in a goodwill message, said arbitration was a way of sustaining relationships and has its roots in African culture.

    “You don’t come back from the court and be friends. In our culture, we look for ways to reconcile so that friendships will continue to be preserved. It is expensive to go through the court adjudicatory process,” he said.

    Also in attendance were Chairman of Bi-Courtney Aviation, Dr Wale Babalakin (SAN), a life Bencher Mrs Hairat Balogun, an executive council member of the branch Mrs Elizabeth Idigbe, President, Nigerian Institution of Estate Surveyors and Valuers, Dr. B. Ajayi-Patunola, a former chairman of CIArb Nigeria Dele Belgore (SAN), among others.