The Nation Newspaper

Category: Law

  • Secrets of effective oral advocacy, by experts

    Secrets of effective oral advocacy, by experts

    What skills do lawyers need to be effective advocates?

    This was the subject of discussion at a training for lawyers organised by the Conference of Western Attorneys-General (CWAG), United States.

    It was held in collaboration with the Nigerian Institute of Advanced Legal Studies (NIALS) and a law firm, Punuka Attorneys and Solicitors.

    The theme was: Oral advocacy in Nigeria.

    One of the facilitators, Chief Anthony Idigbe (SAN), who spoke on Presentation of evidence, said developing advocacy skills requires practice.

    “In the end, examination of witnesses with the key aim of presenting relevant evidence is a mix of art and skill.

    “Some of it can be acquired by experience and study but a great deal of the advocate’s success in examination of witnesses is an art endowed naturally in a gifted advocate,” he said.

    According to Idigbe, advocates must pay attention to their questions and selection of witnesses.

    They must answer three key questions in the affirmative to determine the admissibility of documentary evidence: “Is the document pleaded? Is it relevant to the inquiry being tried by the court? Is it admissible in law?”

    The SAN said the regime of front-loading in Nigeria’s civil procedure rules makes the need to have a witness in court during trial a necessity.

    “It, therefore, follows that the selection of witnesses is a matter for the tactical decision of advocates.

    “Although criminal trials do not adopt front loading procedure, a good advocate must put his house in order ahead of trial to ensure victory,” Idigbe said.

    Discussing cross examination, he said its purpose is to test the veracity of the witness, shake credit, discover position in life or discredit the witness.

    “One way to manage the rule of cross-examination of a witness is to role play during pre-trial preparation. This way, a lot of cross examination questions can be anticipated.

    “However, this is not a full proof solution as some adversarial advocates can be very smart. Cases, which would otherwise have been simple may become complex if the witness is not properly prepared for cross-examination,” he said.

    Idigbe believes an advocate must ensure the witness is familiar with the issues in controversy and must be able to point to the documents on them.

    “It is tactfully better to refrain from cross-examination than to do it badly. Cross examiners should have regard to the ways in which, sometimes, it is better to restrict cross-examination on points which can be better developed in a final written address,” Idigbe added.

    Former Lagos Director of Public Prosecution (DPP) Mr Fola Arthur Worrey spoke on the topic: Cross examination – basic principles and techniques in criminal and civil trial.

    To him, a counsel’s duty is to use his opportunity for cross-examination to change the court’s perception of the other side’s case.

    To do so, the advocate, he said, would decide which type of cross examination best suits the facts he wishes to destroy or discredit, and the type of witness he is faced with.

    “In deciding whether to cross-examine the opposing witness, counsel ought to ask himself certain questions: Has the witness testified to anything material against us? Has his testimony injured our side of the case?

    “Has the witness made an impression with the judge to our detriment? Is it necessary for us to cross-examine at all? Is cross-examination likely to injure (or advance) our case further?” Worry said.

    According to him, ineffective cross-examination carries several potentially damaging risks to the cross-examiner’s case.

    Worrey said it could reinforce the testimony previously given to the witness, result in negative reaction by the judge; and could lead to the generation of sympathy for the witness if the cross-examiner is unable to break down his testimony in chief.

    “Significantly, the scope and effectiveness of cross-examination (if decided upon) should be determined by the amount of damage suffered on direct examination, the ability to limit or reverse the damage, and the potential for favourable evidence being revealed to the judge,” Worrey added.

    Deputy Chief, Criminal Division, Rhode Island Attorney-General’s Office, Scott Erickson, who spoke on Fundamentals of oral advocacy, urged prosecutors to make effective use of plea bargaining.

    He said so many cases can be disposed of through plea bargaining in which suspects plead guilty to lesser offences and get shorter sentences.

    By doing so, resources and time can be saved for the state, he said.

    “Ninety-five per cent of our cases have been disposed through plea negotiations,” Erickson said.

    The three-day training featured group presentations and panel discussions; certificates were presented to participants.

    Other speakers were NIALS Director-General Prof Deji Adekunle, former Lagos Branch chairman of the Nigerian Bar Association (NBA), Alex Muoka; Supervising Deputy Attorney General, Land/Transportation Division, Hawaii, William J. Wynhoff, among others.

    CWAG Alliance Partnership is a cooperative programme aimed at strengthening the legal systems of U.S., Mexico and many other countries.

  • APC chief is African Bar marketing committee chair

    APC chief is African Bar marketing committee chair

    The African Bar Association (AFRBA) has appointed All Progressives Congress (APC) National Vice Chairman (Northwest), Mr. Inuwa AbdulKadir, as chairman of its Marketing and Contacts Committee for the yearly conference holding in Port Harcourt, Rivers State capital from August 6 to 10.

    Its President Hannibal Uwaifo urged the committee to work hard to make the event successful.

    The theme of conference is: Overcoming the legal challenges of doing business in Africa.

    Immediate past Republic of Tanzania President Dr. Jakaya M. Kikwete will give the keynote address.

    AdulKadir, a council member of AFBA, said: “The conference promises to be very interesting and rewarding like the 2016 edition in Harare, Zimbabwe and is expected to host about 2,500 lawyers, judicial officers, lawmakers, businessmen and women, captains of industry and other diverse interest groups from the continent and across other parts of the world

    “The annual conference provides a unique opportunity to meet and network with diverse participants from all walks of life in Africa and across the globe and will focus on sectors relating to legal practice, cross boarder practice, immigration, cybercrime, economics, politics, governance, professional etiquette and the environment.

    “There will be showcase sessions and the African Business Roundtable where eminent African Businessmen and Women will chart a veritable course for doing business in Africa the legal way.”

    AbdulKadir said AFBA’s revival was good for the continent.

    “I feel delighted that these things are happening after some years of slumber of the AFBA. I feel happy too that Nigeria is driving the process of resuscitating or reawakening the association, because Nigeria is answering its name as the leader of Africa in all spheres of human endeavour.

    “The importance of having the AFBA cannot be over-emphasised as this there are a lot of efforts to integrate Africa in terms of social and economic challenges the continent is facing.

    “Africa is the target of every investor in this world today and the African economy is very key and crucial to other economies in the world.

    “Even the so called developed countries are looking at Africa. Because of the population, there is no doubt that the market is here. Whatever is happening elsewhere in the world, whether by or among the so called super powers or biggest economies, you can’t do away with Africa as a market, as a source of raw materials and a source of labour in some instances, so they really need Africa.

    “So, what the focus of AFBA now is to assist African governments and nations on issues of how to do business in Africa, strengthen the legal framework, safeguard African interest and the interest of its people, and harness our potential,” AbdulKadir said.

  • Lawyer files contempt charge against Mahmoud, others

    A lawyer, Olasupo Ojo, has initiated contempt proceedings against Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) and other officers for their alleged refusal to vacate office, following a Federal High Court judgment which declared the NBA constitution illegal.

    The court held that everything done on the basis of the constitution, including the last NBA election that produced the Mahmoud-led executive, was null and void.

    Justice John Tsoho, in the judgment delivered on March 30, invalidated the constitution for its non-registration with the Corporate Affairs Commission (CAC).

    Ojo sued the Registered Trustees of the NBA over the validity of the NBA constitution.

    After the judgment, he wrote the Chief Justice of Nigeria (CJN), asking him to constitute  a caretaker committee to take over the administration and management of NBA’s affairs pending the election of new officers under a constitution recognised by law.

    He filed Form 48 (Notice of Consequence of Disobedience to Order of Court) against all NBA officers.

    It reads: “Take notice that unless you obey the directions contained in the orders and judgment of my Lord, Honourable Justice John Tsoho in the suit: FHC/ABJ/CS/545/2016 Olasupo Ojo vs the Registered Trustees of the NBA, which was delivered on the 30th of March 2017 and duly served on you, you will be guilty of contempt of court and be liable to be committed to prison.”

    The Form 48 was issued to all the officers individually. They were described as “ousted” officers.

    The court granted the plaintiff’s prayer for an order of perpetual injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution purportedly amended and adopted at the Annual General Meeting held in Abuja on  August 27, 2015.

    NBA said Mahmoud and other officers were not parties to Ojo’s suit. The association urged its officers to “continue to discharge their responsibilities”.

     

  • Strengthening legislative drafting practice

    T here can hardly be a reasoned, rational legislative output in terms of enactments, without a competent knowledgeable and clearheaded team or office of legislative drafters.

    It is to be understood that so much go into the making of legislation. The unseen hands of the legislative drafters, most arduously, Chisel out statutes from a bush of proposals. This, by any means, is not a child’s play, as any piece of intelligible, compact codes of law would have cost some pounds of brains.

    What then is legislative drafting? Legislative drafting is often used interchangeably with such general terms as legal drafting or legal writing. Much as this may not be entirely incorrect, Legal drafting or Legal writing refer, generically, to all aspects of the Solicitor’s job, whilst legislative drafting as a kernel of the nut, specifically, has to do with those aspects of legal drafting or writing, involved in the preparation of a proposed legislation, whether principal or subsidiary.

    It has to be noted that though the Black’s Law Dictionary defines the term ‘drafting’ as ‘the practice, technique, or skill involved in preparing legal documents (Bryan A Garner, Blacks Law Dictionary, Thompson West, US (Eight Edition) 2004, page 531),that dictionary, has no definition for legislative drafting. The term legislative drafting has been taken to be about composing proposed legislation.

    1. N. Onwe, in Groundwork of Legislative Drafting ( SNAAP Press Limited, Enugu, 2009, Page 1, defines legislative drafting as: “The art of writing legislation, which includes subsidiary or secondary legislation; administrative orders, notices, rules, warrants and similar instruments’’.

    Legislative drafting is both an art and a science. The legislative drafter, more like a design architect, has to sketch out a plan for the proposed legislation carefully, to enable a formidable structure that can stand in the legal environment. In addition to having the passion of a designer, to ensure a structural layout and formatting that is consistent with the typo graphic approach to drafting styles, the drafter should have a good working knowledge of the gamut of laws in the legal system. Good legislative drafting identifies the legal objectives of a proposed legislation and meets them fully.

    This is achievable by expressing the necessary legal rights and obligations in an accurate clear manner, while ensuring that the draft complies with acceptable norms and relates harmoniously to the legal order.

  • Is execution unconstitutional?

    Constitutional lawyer and activist Chief Mike Ozekhome (SAN) argues that executing condemned criminals is legal in Nigeria.

    • Continued from last week

     When the apex court speaks, lower courts, especially the Lagos State Court, must blow muted trumpets and surrender to superior authority. This is not because the apex court is infallible. No. it is because it is the final court.

    Indeed, the apex court once beat its chest imperiously in the case of Adegoke Motor Ltd Vs. Adesanya (1998) 13 NWLR (pt. 109) 250, 274 – 275, in the following flowery prose: “We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings capable of erring. It will be short sighted arrogance not to accept this obvious truth.”

     

    Offences that attract

    the death penalty

     

    Some offences in Nigeria attract the death penalty, which must be imposed by the judge once such a person is found guilty. It is not unconstitutional. The convict must have to die by hanging or firing squad.

    These include treason, mutiny under military laws, kidnapping, terrorism, offences of armed robbery, murder under the Criminal Code, homicide punishable with death under the Penal Code, and instigating invasion of Nigeria. During military dictatorships, the offence of armed robbery under the Robbery and Firearms (Miscellaneous Provisions) Act, 1984, was punishable with death by firing squad.

    The Penal Code that operates in the northern part of Nigeria provides for capital punishment for a variety of offences, such as: sodomy, hiraba (high way robbery), apostasy (Ridda), abetting the suicide of a minor, drunken or mentally challenged person, rebellion (bag’ yi), attempt to commit culpable suicide by a prisoner already serving life sentence, giving false evidence that leads to the conviction and execution of an innocent person during trial, adultery (Zira), etc.

     

    Modes of execution

     

    Different legal systems across the world have various methods of capital punishment for condemned persons found guilty of committing the most heinous of crimes, such as rape, murder, treason, kidnapping, etc.

    In the USA, lethal injection through administering powerful sodium thiopental, pancuronium bromide and potassium chloride, is still considered the most humane form of execution. In Iran, execution by hanging is the most common method, as experienced by 369 hangings in 2013, the highest in the world. Other countries that use hanging include Nigeria, Malaysia, India, Iraq, Afghanistan, Japan, Bangladesh, Palestine, Botswana, Sudan and South Sudan.

    Firing squad by which a condemned prisoner is tied to the stakes, and shot by a line up of armed men, is the preferred method in Indonesia. It was the common method used in Nigeria during successive military juntas. Somalia, Saudi Arabia, China, Yemen, North Korea and Taiwan also use firing squad.

    Beheading – Saudi Arabia is the only country in the world that uses public beheading as capital punishment.

    Electrocution through the electric chair is used only in the USA. In 2008, the Nebraska Supreme Court declared it illegal for being “cruel and unusual punishment”. It was discovered in Oklahoma that a prisoner had writhed in “violent struggle” before dying.

    Amputation – under Sharia Law, Buba Jangebe was, on May 8, 2000, amputated in Zamfara State, for stealing a cow.

    Stoning is frequently used in Saudi Arabia, Sudan, South Sudan, Iran, Somalia, Yemen and some Moslem parts of Northern Nigeria.

     

    Antiquated modes of execution

    Other forms of capital punishment which have since become obsolete and hardly used in modern times, include: crucifixion (Lord, thank you for paying the supreme price for my sins); suffocation, smothering, starvation, poisoning, falling, Gibbeting (death inside a cage); poena cullei (Roman empire, when a prisoner was stuffed into a sack with animals and thrown into water); dismemberment, disembowelment (sepukka – hara-kiri); decapitation, cooking, crushing, burying alive, burning, boiling to death; blowing from the mouth of a canon, tearing apart by animals, back –breaking, crushing or devouring by animals, etc.

     

    Are hanging or firing squad

    ‘inhuman and degrading

    treatment’?

    In Nigeria, the death penalty is legal and constitutional. This has been so since the 1960 Independence Constitution and 1963 Republican Constitutions. Section 33 of the 1999 Constitution legalizes it as follows:

    “(1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence at which he has been found guilty in…”

    Consequently, the death penalty is legalized, if: (a) it is in execution of a sentence of court; (b) for the defence of any person from unlawful violence, or for the defence of property; (c) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; and (d) for the suppression of a riot, insurrection or mutiny.

    In Onuoha Kalu V. State (1998), 13 NWLR (part 583) 531, the apex court considered the appellant’s argument that not only was the sentence of death passed on him under section 319(1) of the Criminal Code of Lagos State inconsistent with section 30 subsection (1) of the 1979 Constitution, (ipssisima verbis section 33(1) 1999 Constitution), but was also inconsistent with the provisions of section 31subsection (1)(a), which states: “31 – (1), Every individual is entitled to respect for the dignity of his person, and accordingly –  (a) No person shall be subjected to torture or to inhuman or degrading treatment”

    The Supreme Court rejected this argument thus: “The question is: can the passing of a sentence of death recognised by the Constitution in section 30 subsection (1) thereof be equated to torture and degrading treatment? The contention of the appellant is that a sentence of death is degrading and inhuman and therefore it is inconsistent with the provisions of Section 31 subsection (1) (a) of the Constitution, In his effort to substantiate the contention, learned counsel for the appellant cited a number of cases decided in other jurisdictions of the world. Useful as those decisions might be passive authorities, with respect, I do not find them applicable to the present case.’’

    The position is Nigeria is very clear. Death sentence is a reality. It is provided for by our criminal laws including section 319 subsection (1) of the Criminal Code of Lagos State. Our Constitution also recognises the death sentence – see in particular sections 31, 213(1)(c) and 220(1)(e) thereof. Therefore, the sentence of death in itself cannot be degrading and inhuman as envisaged by section 31 subsection (1)(a).

    There is nothing in the Constitution of the Federal Republic of Nigeria, 1979 that renders the death penalty under section 319(1) of the Criminal Code of Lagos State unconstitutional. On the contrary, there are sections of the Constitution, such as sections 30(1), 213(2)(d) and 220(1)(e) which in no mistake terms recognize the death penalty”

    In Joshua Vs. State (2009) All EWLP (pt. 975) 1020 (CA), the Court of Appeal, relied on Kalu Vs. State (supra) and held that though abolished in other jurisdictions, the Constitution of Nigeria still recognizes the death penalty. In GABRIEL VS. STATE (2010 6 NWLR (pt. 1190), the intermediate court rejected foreign decisions and held that the death penalty is constitutional in Nigeria; just as the apex court did in AMOSHIMA VS. STATE (2011) All FWLR (part 597) 601 (SC), where it held that the death sentence is not unconstitutional and did not derogate from the hallowed doctrine of separation of powers.

     

    Do death row inmates have rights?

    Yes. The legality of the death penalty should not be confused with the illegality exhibited in the infamous case of Aliu Bello Vs A- General, Oyo State (1986) 5 NWLR (part 45) 828, where one Nosiru Bello who had been convicted of armed robbery by the High Court of Oyo State and was sentenced to death, had filed an appeal against this conviction. Surprisingly, while his appeal was still pending before the Court of Appeal, the A-G of Oyo State recommended his execution.  He was promptly executed. The execution was declared illegal by the trial court and this was upheld by the Court of Appeal, and the Supreme Court. The apex court also held that the premature execution constituted a blatant infringement of the deceased’s fundamental right to life. Thus, a person condemned to death is still entitled to his fundamental rights pending his execution.

    In Nemi V. Attorney-General Of Lagos State (1996) 6 NWLR 42 at 55, the Court of Appeal held that “a convict on death row is entitled to challenge torture, inhuman or degrading treatment arising from a prolonged delay in executing him”. In Ogugu V. The State (1994) 9 NWLR (pt. 366) 1 at 47, the Supreme Court dilated that, “the executive and judicial authorities must accept responsibility of ensuring that execution follows as swiftly as practicable after sentence, allowing reasonable time to appeal and consideration or reprieve”.

    A similar decision was arrived at in Dominic VS. AIG (2008) All FWLR (pt. 420) 775. This point was also emphasized by Belgore, JSC (as he then was), in Onouha Kalu VS. STATE (supra).

    “At any rate, if after death sentence has been passed and the accused is in prison custody, if anything arises outside the normal custody that amounts to “torture or inhuman or degrading treatment”, that will be cause of action under fundamental rights but not militating against the sentence of death. In such a case the death sentence stands.

    “Inhuman and degrading treatment” outside the inevitable confinement in death row will not make illegal the death sentence, rather it only gives ground for an enforcement right under the Constitution.”

    This case puts to rest a decision such as the Ugandan case of Kigula & Ors. V. The Attorney-General (2015) AHRLR 197 (up cc 2005) page 197 at 221, where the Ugandan Supreme Court ordered the state to commute death sentences passed on the appellants to life imprisonment on the ground that “the inordinate delay in carrying the death sentence after it had been confirmed by the highest appellate court was inconsistent with article 24 and 44(1) of the Constitution”. This decision is absolutely not binding on any Nigerian court. It can, at best, be of persuasion.

    However, in SOERING V. UK (1989) 11 EHRR, 439, the European Court held that the death penalty did not breach Article 2 of the European Convention, (equivalent of section 33 1999 Constitution); but that it violated Article 3 (inhuman and degrading treatment), because of the exposure of the victim on the death row to unacceptable level of stress and anxiety while awaiting his sentence and subsequent appeals; and especially considering the convict’s age and mental stability.

     

    What next?

     

    I wish Rev King well. I appeal to the Lagos State Government to commute his death sentence to life imprisonment, strictly on compassionate ground only. But, most people who argue for Rev King and others, are merely swayed by sheer sentiments and emotion, not law and justice. They easily forget that innocent lives were prematurely exterminated. The real victims remain forgotten in cold, deserted lonely graves, without anyone thinking of restitution for them and their bereaved families and friends. Only the survival of the convict becomes increasingly prioritised. Where is the justice or restitution for the humanity, dignity and memory of the deceased, who were gruesomely murdered? What has happened to our sense of justice and fairness? Said Socratic Justice Oputa, in Josiah V. State (1995) 1 NWLR (pt. 1) 125:

    Justice is not a one-way traffic. It is not justice for the appellant only. Justice is not even only a two – way traffic. It is really a three-way traffic – justice for the appellant, accused of a heinous crime of murder; justice for the victim, the murdered man, the deceased, whose blood is crying out to heaven for vengeance and finally, justice for the society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of.

     

    • Concluded

  • Lagos assures residents of access to justice

    Lagos State Governor Akinwunmi  Ambode has reiterated his administration’s resolve to ensure access to justice.

    He spoke at the inauguration of a new Court Complex on Mba Road, Ajegunle named after a former Chief Judge of the state, Justice Sikiru Adagun.

    The governor, represented by the Attorney-General and Commissioner for Justice Mr. Adeniji Kazeem, said the government was committed to providing a functional, responsive and dynamic judicial system which constitutes an indispensable component of good governance and major requirement in any society.

    He said: “The constitution guarantees fundamental rights include the right to fair hearing. There may not be fair hearing when there is no court available in the immediate vicinity of the litigants or the available court is not conducive for proper administration.”

    He recalled that two years ago, when he assumed duties, one of his pledges was to restore the dignity and constitutional privileges of Lagosians through a transparent and accountable justice system, adding that the inauguration was a testimony of the government’s commitment to ensuring that the judicial system functions effectively with people having unrestricted access to the court system.

    He said since inception, the administration had embarked on the provision of a conducive courthouse for Judges, Magistrates and Litigants and ensured that distance or geographical location was not a barrier to citizens’ access to justice.

    He informed that the feedbacks from the public on the improvement of the judicial system and the achievements of ombudsman agencies, such as Domestic and Sexual Violence Response Team, Land Grabbers Committee and Legislative Initiatives, had been encouraging.

    He said the new Court Complex has administrative offices, which would service the 24 courtrooms, providing multi-door approach to arbitration and resolution of litigation to ensure cordial relations among litigants. It will also accommodate the Office of the Public Defender (OPD), which will provide legal advice to the vulnerable.

    He explained that the complex, in line with the tradition, was named after Hon. Justice Sikiru Adagun, a former Chief Judge of Lagos State, who distinguished himself during his career and service with integrity.

    At the occasion was Justice Opeyemi Oke, who represented the Chief Judge, Justice Olufunmilayo Atilade, and Chairman, House Committee on Judiciary, Funmilayo Tejuoso.

  • Whistle-blower policy good for anti-corruption war, says don

    A Senior Lecturer at the Faculty of Law, Ekiti State University (EKSU) , Dr. Emmanuel Adetifa, has described the whistle-blower policy as a useful tool in the fight against corruption.

    He spoke when the university’s pioneer Law students held their reunion/dinner in Ado-Ekiti, in commemoration of their 20 years after their graduation.

    Speaking with our reporter on the sidelines of the event, Adetifa, a member of the class, slammed those accusing the Federal Government and the Economic and Financial Crimes Commission (EFCC) of resorting to media trial to try corruption suspects.

    According to him, the fight against corruption must be given wide publicity by the media to send a message to the public that it is no longer business as usual.

    Adetifa, who is of the Department of Public Law, explained that provision of good governance by government at all levels would discourage corrupt practices among citizens.

    On allegation that the anti-corruption drive is selective, Adetifa said: “It depends on the person making the allegation; you have to look at the personality of the person making the allegation because some people now use that as a defence mechanism.

    “I don’t agree that the government is making so much noise about fighting corruption because if the government is not doing it that way, some people will not be checkmated.

    “The corruption battle must be given publicity it deserves because the citizens must know that government is fighting corruption. You can see that this whistleblower policy is really working.

    “There is no other way to it because corruption has become the in-thing in Nigeria. Whistleblowing is working magically because people know that they are under surveillance and it is because of the publicity being given to it.

    “But I want to state that good governance is a factor in tackling corruption because if this is not available you are merely scratching the problem in the surface.”

    The law alumni, who left the university in 1997, recalled their years as students of the university which prepared them for the various careers in law practice, academia, magistrates, politics, private business, among others.

    Some of them include the Director of Public Prosecution (DPP), Ekiti State Ministry of Justice, Mr. Gbemiga Adaramola; former Speaker, Ondo State House of Assembly who now serves as Senior Special Assistant on Parliamentary Matters, Hon. Taofiq Abdusalam; former House of Representatives member for Ibadan Southeast/Northeast Federal Constituency, Hon. Adedeji Kazeem; Ekiti State FIDA Chairperson, Mrs. Funke Anoma; and Mr. Tolu Babaleye.

    The Dean, EKSU Faculty of Law, Dr. Benson Babaleye, hailed the ‘97 Law Class for coming together 20 years after graduating, urging other graduating sets to emulate them.

    He expressed satisfaction that many of them were making positive contributions to the profession and had been projecting the image of their alma mater well.

    Chairman, Steering Committee of the Pioneer EKSU Law students,  Adaramola expressed appreciation to members who responded to fundraiser calls, which culminated in the donation of N1 million to the faculty which produced them.

    He advised members to register the alumni body with the Corporate Affairs Commission (CAC) to give the registered trustees a legal personality to undertake all needed functions and transactions seemlessly.

  • Rivers communities sue Shell for N11.7b over oil spillage

    • Firm alleges wrong party was sued

    Some communities in Rivers State have sued the Shell Petroleum Development Company of Nigeria Limited for £30 million (about N11.717 billion) over alleged oil spillages which they said destroyed their environment and water system.

    They are praying for a declaration that the “continuous” oil spills that occurred on August 28, 2008, December 7, 2008 and February 19, 2009 is hazardous, constitutes a nuisance, economic loss to them.

    The plaintiffs, who sued through their lawyer Dr Paul Ananaba (SAN), are Bonu, Lewe, Gbe, Mogho, Kpor, Kporghor and Norkwiri coastal communities in Gokana, Khana and Tai Local Government Areas of Rivers State.

    The suit is before Justice Chuka Obiozor of the Federal High Court in Lagos.

    The communities are praying the court to hold that they have suffered serious damage and injuries as a result of the continuous oil spills “which remains unabated till date as a result of oil exploration activities of the defendant on the 24 Bomu-Bonny SPDC Trans Niger Pipeline at Silvilagbara and Bodo Bia Barima”.

    The suit was filed on their behalf by His Royal Highness Mene Charles Tenalo, Chief Maxwell Lekagha, Chief Mene Gbigha, Chief Benedict Barima and Mr. David Affi.

    They are demanding £30million and N11.6billion as general and special damages,as well as N1billion as the cost of filing the suit.

    The communities seek an order of perpetual injunction restraining the oil company from further polluting, destroying, damaging or eroding their communities.

    The plaintiffs claimed that about 3,900 barrels of crude oil was spilled into their environment on a daily basis over a period of two months.

    The spillage, they claimed, destroyed marine lives in the communities over a space of 9,230 hectares.

    They said the oil spillage led to the contamination of their farmlands along the coastal areas, which in turn affected farm production and yields due to toxic substances deposited in the soil and ground water.

    They also alleged that oil spillages resulted in “high concentration of hydrocarbons in water and sediment that exceeded Nigerian and international legal standard hydrocarbon contamination rates by a significant margin.”

    The plaintiffs said “the failure, neglect and refusal of the defendant to accede to their demands as regards the said oil spills have led to serious crises in their communities, as their youths have resorted to violence, burning houses, threatening and embarrassing their leaders.”

    Shell, through its counsel, filed a preliminary objection to the suit on the basis that the action was served on a wrong party.

    The defendant said its name was not properly specified in the suit.

    But the claimant has applied to the court to amend the suit to properly identify Shell. Justice Obiozor adjourned until June 14 for mention.

  • Lawyers exhibit soccer skills at Eastern Bar tournament

    By the nature of their profession, it is not usual to associate lawyers with football. But members of the Eastern Bar Forum (EBF) of the Nigerian Bar Association (NBA) have shown that they also possess soccer skills.

    Such footballing skills were exhibited during the EBF Unity Cup tournament, sponsored by a Senior Advocate of Nigeria (SAN), Chief Arthur Obi Okafor.

    Participants have hailed the games for boosting lawyers’health and fostering unity among the NBA branches in EBF.

    The second round of the tournament ended in Port Harcourt, the Rivers State capital.

    Port Harcourt branch defeated its Okrika counterpart by four goals to nil.

    EBF Sports Committee Chairman, Steve Ononey, who is also the tournament’s coordinator, said: “The tournament has achieved the desired peace and unity in the EBF.

    “All this while that we have been playing  these matches, from what we have gathered, unity, peace love are now in the EBF and if  it continues the way it is going, EBF will be stronger. It has achieved the main purpose which is to unite lawyers within the EBF family.’’

    On the call to make the tournament a national event for the NBA, Ononye said: “I think that it is a good idea because if it goes on national level, more branches will join and more states will also see the health benefits of this tournament.

    “As lawyers, we cannot be going to court only; we cannot only keep  ourselves busy with our work as lawyers. We also need to  play football, relax and entertain ourselves which is very important.  I also think that it will enhance commitment at the national level.”

    On the next round of the tournament, Ononye said: “Now that we have seen the last match in the second round, we will enter the third round where we will also only have 10 teams.Thereafter, we will go into quarter finals, semi-finals and finals.

    “Forty-three teams started the tournament; 42 played in the first round; 22 played in the second and we have 11 teams left.

    “After the 11 teams have played, we will get another five teams then we will have what is called best looser that will make it up.”

    The third round will feature Yenagoa branch vs Okigwe, Umuahia vs Uyo, Onitsha vs Awka, among others.

    NBA Second Vice-President Mr. Monday Ubani said: “I tell you that almost every new match presents new exciting moments that  you cannot but sit down and watch.

    “I thoroughly enjoyed myself, especially the match between Okrika and Port Harcourt  branches. The match was so exciting and you saw professionalism with the Port Harcourt  team. They played according to instructions and I am so excited.

    “It is getting better and better and let me tell you the truth,  this football match is good for us because it fosters unity, it fosters love within the circle of the EBF.

    “It provides us opportunity to exercise and interact because it is now obvious that no matter who you are, no matter your professional calling, you must not live a sedentory lifestyle.

    “You must do one form of exercise or the other in order to remain fit and alive. It has actually solved a lot of our problems and I am so happy that a lot of us are are here,” he said.

    Ubani praised Okafor for sponsoring the tournament.

    “He has done so well and the organisers of the tournament have been doing so great. Any where you go, whether Calabar, Port Harcourt or Enugu, it very interesting and I am so happy being part of it,” he said.

    On his views about making the tournament a national programme of the NBA, Ubani said: “ It will be fine to take this wonderful tournament to the national level. It will keep lawyers fit and proper to practice their trade.

    “A lot of us have been dropping dead. Some lawyers eat, drink but have no time for exercise. So, if they embrace football, a game that interests lawyers, I tell you that it will go a long way to improve our health condition, especially when we take all the necessary precaution, make sure that the medical team are always around, and make sure that it is not done as if it is too competitive or do or die affair or a game which  must be  won  by all means.

    “It is not a match that you must win by all means but to exercise your body to really make sure that we have and share the health benefits that come from active participation in the tournament.

    “So,  I am in support of the idea of making football one of those games that the NBA introduces at the national level because I know that there is golf tournament which  has been on there for a long time.

    “Football can also be added to  the games that we should be playing at the NBA at the national level,” Ubani said.

    EBF governor, E. E. Ekong, urged lawyers to keep fit no matter how busy their schedule.

    “Keeping fit is a very important aspect of our health, and we have developed this tournament through our brother  Chief Okafor to encourage us to be physically fit so that we can perform our professional duties with sound health mentally and physically. Thank God it has been very successful,” he said.

    On NBA adopting the tournament, he said: “I will gladly support such a move because it means that the fitness and wellbeing of  lawyers will spread across all branches of the NBA. That is good for all of us.’’

    EBF Deputy Governor, Chief Arthur Elvis Chukwu, said: “You will not believe that these people are not professional footballers. It is very entertaining and you can see that everybody is happy. It is achieving its purpose of uniting us further, so I feel very happy being here today.

    “It will be a wonderful thing if it can be replicated at the national level, because this is the thing that will gum us together; people will begin to appreciate each other individually. And then we will be able discover better talents.

    “Who said that the NBA cannot reap from there? Who said that Nigeria cannot reap from there and also have players from there to the national team. So, think that it is a very good thing.”

    A Senior Advocate of Nigeria (SAN), Mr Mba Ukweni,  said the tournament was needed to help lawyers take their minds off work occassionally.

    He said:“You can see the unity, the excitement, the joy being expressed by lawyers. It has provided a period and a time for us to come together, to recreate and take our minds off the tedious and stressful rigours of legal practice.

    “So, it is a good thing that my brother Chief Okafor has started. We will all support him to see how he will continue. It is a very interesting endeavour so he needs to be encouraged.”

    On making the game a national affair, Ukweni said: “I am fully in support of that.’’

    Former NBA Lagos branch chairman Mr. Alex Muoka said praised the organisers.

    On NBA adopting the tournament,  Muoka said: “I will support that view but in a slightly different way. This is a regional tournament organised by a regional forum  and  funded by a philanthropist  so that is clear.

    “I would like to suggest that if other regional fora  can organise themselves and begin to play this kind of tournament among themselves, then the eventual winners can then pair off at the national level at the Bar conference. That will be fine.’’

  • Wanted: 155,000 more policemen

    Wanted: 155,000 more policemen

    How can Nigeria meet the United Nations (UN) ratio of one policeman to 400? It is by recruiting 155,000 more policemen in five years, says Inspector-General of Police (IGP) Ibrahim Idris. The IGP is also seeking more funds for police operations. Will these ensure safety of life and property? ROBERT EGBE examines the issue.

    For a country that is underpoliced, Nigeria seems to find it difficult managing its lean personnel resource well. More policemen are attached to politicians and the affluent than deployed in crime fighting. For Nigeria to meet the United Nations (UN) ratio of one policeman to 400 people, it must live up to the conventional wisdom of more cops, safer streets.

    Inspector-General of Police (IGP) Ibrahim Idris concurs. Last Thursday, he said to secure life and property and meet the UN approved ratio, the country must recruit 155,000 more policemen for its approximately 182 million population.

    At the opening of the yearly National Security Summit in Abuja, Idris said the police would have to hire 31,000 officers yearly for five years to bridge the gap.

    He called for the passage of the Nigeria Police Reform Trust Fund (Establishment) Bill, “which was tabled before the National Assembly (NASS) since 2008”, noting that this would provide legal framework for funding police operations including training and equipment supply.

    There is merit in the IGP’s suggestion. For want of personnel and resources, the police often collaborated with the military and paramilitary organisations, such as the Nigeria Security and Civil Defence Corps (NSCDC) and vigilance or neighbourhood watch organisations, to enforce law and order.

     

    Is Nigeria underpoliced?

     

    The case for 155,000 more officers, to meet a cop per capita ratio of one officer to 400 persons, suggests that the Nigeria Police have a staff strength of only 300,000, which is 71,800 fewer than the figure for 2015. This puts the national ratio at one officer to 606 citizens.

    However, the state-by-state ratio varies, depending, among others, on the size of the police command.

    For instance, in 2015 in Minna, former IGP Solomon Arase, during a nationwide tour of police formations, said the Niger State Command had less than 8,000 policemen, approximating to one policeman to 494 persons.

    Also, Lagos State Governor Akinwunmi Ambode, in November 2015, during a four-day leadership retreat, said there were only 33,000 policemen policing over 20 million residents, making the ratio one officer to 606 persons.

    These figures clearly fall short of the UN average. But, is the UN right? Must a country have at least one policeman per 400 persons to achieve adequate policing? And do more cops translate to less crime and vice versa?

    The contrary view is that many countries kept their crime rate lower than Nigeria’s despite a lower cop per capita ratio than the UN recommendation.

    According to a UN analysis indicating an approximate global average of 300 policemen per 100,000 inhabitants, countries such as Finland, Ghana and Iran have less than 300 per 100,000 (See table above).

    Conversely, at least eight countries have a worse crime rate than Nigeria, despite having a more robust police per capita ratio.

    The countries, according to Crime Index for Country 2017 by online global database Numbeo, include Venezuela, South Africa and Honduras. (See table on Page 22).

     

    ‘Over-policed, under-secured’

     

    In a 2005 report on the Nigeria Police, two researchers at the University of Wales, Rita Abrahamsen and Michael Williams, described Nigerian society as “over-policed and under-secured”.

    The report noted that although there were “many police officers” on the streets of Lagos and the insurgency-affected Niger Delta, they were “often unable to enforce law and order.”

    Twelve years on and a different political party in power, the police have made many efforts at self-discipline and image change. This year alone, several errant policemen have been shown the door and prosecuted for various crimes. Things have clearly changed.  Have they really?

    Last April 11, Dean of the Faculty of Law, Ambrose Alli University, Ekpoma, Prof Sunday Edeko, relived the alleged terror unleashed on him on March 13 by a team of policemen from a special anti-cult unit in Ekpoma, Edo State.

    Edeko said he was slapped in the face, hit with a hammer on the hand, beaten with a cutlass, kicked to the floor and tear-gassed in the eyes by the five men, none of whom were in uniform.

    He said they threatened him and his wife with a charge of armed robbery, kidnapping and cultism and forced him to write a false confessional statement and an apology to the police.

    “I  clearly introduced myself as Professor Sunday Edeko, the Dean of Faculty of Law, Ambrose Alli University, Ekpoma. All my attempts to explain that I was a law-abiding community leader fell on deaf ears. They started the second stage of their assault on me. They descended on me with hammers, cutlass, tear gas, hand and foot. They brutalised me and inflicted injuries on my back, hand and leg.”

    However, on April 18, this year, Edo State Police Commissioner, Haliru Gwandu, denied the involvement of his men in Edeko’s alleged ordeal.

    Gwandu, who said the don was arrested for alleged gun running and sponsoring of cult activities in the institution, paraded one pump action gun, one double barrel gun and one single barrel gun allegedly recovered from Edeko.

    Stories such as Edeko’s are not uncommon.

    Global rights watchdog Amnesty International (AI) often raises the alarm over alleged rights abuses by the police and other law enforcement agents in the country.

    In its 2016/2017 report on Nigeria, AI accused the Police Special Anti-Robbery Squad (SARS) of frequently committing torture and other ill-treatment during interrogations.

    “In September 2016, the Inspector-General warned SARS against committing torture and encouraged them to follow due process of law.

    “On May 18, 2017, Chibuike Edu died in police custody after he was arrested for burglary and detained for two weeks by the SARS in Enugu. The police authorities were investigating the incident; no one had been held accountable for his death at the end of the year,” the report said.

     

    ‘Nigeria not underpoliced’

     

    Perhaps this is one of the reasons human rights lawyer Festus Keyamo believes the most important problem of the police right now is not personnel.

    To Keyamo, the current police strength is adequate to maintain law and order.

    He said: “In fact, I even fear for the recruitment of more policemen who are poorly trained, poorly kitted, ill equipped and ill motivated.

    “As it is now, the police we have can do the job if they are well kitted, well-motivated, well equipped and well trained.

    “We cannot keep recruiting policemen over and over again when we have no capacity to properly kit the ones who are already in the force. Of what benefit would that be?”

    The lawyer believes another key requirement for better policing is reorganisation of police recruitment process, “otherwise we can end up recruiting drunkards, thieves and all kinds of shady characters.

    “I’m sure you have even seen images online of some policemen fighting themselves in public: that is the kind of police we have now.”

    In a May3 letter to the IGP signed by Assistant Head of Festus Keyamo Chambers, Abuja, John Ainetor and another lawyer, B.I. Dakum, the police boss was urged to investigate a case of alleged police involvement in kidnapping in Delta State.

    The letter said the wife of a businessman, Prince Ovwighodua Odebala, was kidnapped at Sapele, Delta State, on March 22, allegedly with the connivance of police officers and released on March 31, 2017 after a ransom of N5 million was paid by her family.

    “When our client reported the issue of the kidnapping of his wife to the Divisional Police Officer of Sapele Police Division, the officer swiftly acted and took him to the Commissioner of Police, Delta State. Upon narrating the incident to the Commissioner of Police, the Commissioner called Mr. Ndifreke Ntafiong (also known as Iwok) and simply asked him to go and release our client’s wife.

    “Our client was amazed that even the Commissioner knew the involvement of this police officer in this crime but could treat such a serious matter with kid’s glove. Mr. Ndifreke Ntafiong was detained shortly and thereafter released.

    “He then informed Prince Odebala to go and withdraw the complaint against him before his wife would be released. Prince Odebala declined to withdraw the complaint.

    “However, it was shortly after the release of Ntafiong, that the kidnappers called to reduce the ransom to the sum of N5 million, which was eventually paid.”

     

    ‘What the police need’

     

    Keyamo believes that one of the ways to discourage police officers from taking to crime is to adequately remunerate them. He said poor conditions of service meant the police generally would not attract quality recruits.

    He said: “One major problem of the police is lack of correct motivation, and when I say motivation I’m saying in black and white: pay them well. Give them very good incentives and they’ll want to die for the job. Then equip them very well. We need to do this before we start recruiting even more officers. We need to see how they perform, how they respond to this before we go ahead to recruit more.”

    Lagos lawyer, Shina Fashugba agrees.

    Although Fashugba supports the IGP’s quest for more men, he believes better policing in accordance with the Police Act can only be achieved with, among others, the right training and orientation.

    He said: “The most important thing is to improve the quality of training, orientation, skills that the police receive and the equipment  they have.

    “You can have a million, two million policemen, but how do their minds work? What kind of orientation are they given? These are some of the very important considerations which the IGP must look into.”

     

    Nigeria Police Reform Trust Fund (Establishment) Bill

     

    Idris understands the issues and has identified better funding as key to any police reformation process. The police boss believes the passage of the Nigeria Police Reform Trust Fund (Establishment) Bill) by the National Assembly is the first step in this direction.

    The draft bill, which received approval from the Federal Executive Council (FEC) on June 17, 2010, creates a legal framework that would outline the counterpart funding arrangements between the Federal Government, states, local government and organised private sector.

    It also provides, among others, for quarterly funding of the police through a first line charge on the federation account.

    Idris said: “The issue of police funding has been critical to all past reforms panels since 19994, 2002, 2008 and 2015. However, the issue is yet to be critically addressed. So far, the best approach to funding of the police is the Bill which was tabled before the National Assembly in 2008 and is yet to be passed till date.

    “The force is hereby soliciting the support and understanding of our National Assembly to give accelerated hearing to this bill so as to adequately position the police for better funding to enable the force discharge its statutory responsibilities effectively and efficiently.

    He spoke of plans to establish more training institutions to boost specialisation within the institution for enhanced operational competence, as well as the establishment of training schools for border patrol, close protection and marine police units.

    According to him, the force had established seven Police Mobile Force (PMF) Squadrons in seven states to enhance its capacity for swift response to challenges, adding that 14 Close Protection Units (CPU) bases have also been established in 14 states.

    “This will go a long way to strengthen the PMF Squadrons in their assigned roles and responsibilities to respond professionally to violent crimes where necessary,” the IG said.