The Nation Newspaper

Category: Law

  • Wike chairs African Bar conference committee

    Rivers State Governor Nyesom Wike has been appointed Chairman of the Local Organising Committee of the African Bar Association (AFBA) Annual conference holding in Port Harcourt from August 6 to 10.

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

    Immediate past President of the Republic of Tanzania Dr. Jakaya M. Kikwete, is expected as keynote speaker.

    Wike, a council member of AFBA, said: “ The 2017 conference  promises to be very interesting and is expected to host about 2,500 lawyers, judicial officers, lawmakers, captains of industry and other interest groups from the continent and across the world.

    “There will be showcase sessions and the African Business Roundtable where eminent businessmen and women will chart a veritable course for doing business in Africa the legal way. The conference will also deal with e-commerce, women, children and minority rights.”

    Other members of the Committee constituted by AFBA president Hannibal Uwaifo are: AFBA Vice-President on Budget, Mr. Ibrahim Eddy Mark, Chairman of Nigerian Bar Association (NBA), Port Harcourt Branch, Mr. Frank-Briggs, Mr. Emmanuel Mark, Mr. Chike Adibua, former NBA Assistant National Publicity Secretary, Mr. John Austin Unachukwu and  Attorney-General and Commissioner for Justice Rivers State, Mr. Emmanuel Chinwe Aguma.

    Members of AFBA’s executive council make up the conference planning committee.

  • Lalong advocates private partnership in power supply

    Plateau State Governor Simon Lalong has promised to partner the Federal Government and private sector investors to ensure increased and stable power supply in the state.

    He was delivering a keynote address at the national power sector meeting held in Jos, the state capital.

    Lalong said: “The Plateau State government is fully committed to working with the Federal Government and private sector investors towards realising increased and stable power supply to our citizens in the urban and rural areas. This will not only improve their social well-being but also enable them to engage in meaningful economic activities.

    “Plateau also has a history of being the launching pad of many programmes and projects not only in the broadcast and solid mineral industries but also in the power sector. We pride ourselves as the home of the first Hydropower Plant in West Africa, which was built and commissioned in 1923.

    “The importance of this National Power Sector meeting cannot be over-emphasised considering that the availability of electric power, is a sine qua non to any meaningful industrial development in a nation.

    “It may interest you to know that the Acting President Yemi Osinbajo was in Jos last week to open the Micro, Small and Medium Enterprises (MSMEs) Clinic, and one of the fundamental factors identified for the success for these enterprises is the availability of regular power supply. This agrees with the emphasis we are putting on infrastructural development as a key policy thrusts of our administration.”

    Lalong said the state is also focusing on maximising its economic potentials in agriculture, solid minerals and tourism.

    Efficient power supply, he said,  would enable investors to add value to agricultural products from the farms, process the minerals from the mines, and improve services at hospitality and tourism industry.

    “It is in the light of this that I wish to appeal to the Honourable Minister to help expedite the completion of the 132KV transmission line, from Makeri to the National Independent Power Plant (NIPP) Sub-Station in Pankshin, to improve the quality and quantity of power supply to the Central and Southern Senatorial Zones of Plateau State, where the bulk of our agricultural activities take place.

    “Two major players in the power sector, Jos Electricity Distribution Company (JEDC) Plc and Nigeria Electricity Supply Company (NESCO) Ltd are located in Plateau State.

    “The Plateau State Government is in active collaboration with both JED Company and NESCO to ease their operations, by creating the enabling environment in terms of security and community relations, as well as investing in the provision of power distribution assets in rural communities.

    “We wish to commend the efforts of the Federal Government for her intervention in this area through the Rural Electrification Agency (REA). However, permit me to further crave your indulgence, Honourable Minister, for the resumption and completion of work at the numerous R.E.A. project sites all over the state, that have now remained abandoned for many years.

    “As a state, we are intervening by trying to complete some of these projects for the benefit of our citizens, but our limited resources will not allow us to take over all of them,” Lalong said.

    He backed the National Power Goal, saying it was not only aimed at improving power supply, but increasing the contribution of renewable energy in the National Energy Mix  as Nigeria joins the world to combat and mitigate the adverse effects of climate change.

    “As you already know, Plateau has the exceptional advantage of enjoying the abundance of four of the Major Renewable Energy Sources of solar, wind, small hydro and biomass.

    “At this juncture, I wish to thank the minister for granting a licence to one of the private sector developers to build and operate a  70 Megawatts solar power generation plant in Panyam, Mangu LGA of Plateau State.

    “We are equally grateful to the European Union and the German Federation, for working through the Nigerian Energy Support Programme (NESP) with Plateau State, to build the first Solar-Powered Mini-Grid Plant in Demshin and Anguwan Rina villages in Plateau State.

    “In addition to this is the building of the first Solar-Powered Water Heating System at Government Science School, Kuru, near Jos. As a government, we have also completed and commissioned a five kilowatts demonstration plant at the Headquarters of the Ministry of Water Resources and Energy, for powering offices using solar energy in our Green City Programme.

    “We have already completed the draft and will soon launch our Renewable Energy Strategy, for up-scaling these initiatives for the benefit of other communities, institutions, office complexes and commercial buildings,” Lalong said.

  • Muslim lawyers to seek way out of recession

    Concerned by the poor state of the economy, the Muslim Lawyers’ Association of Nigeria (MULAN) is set to deliberate on the biting effects of recession and chart the way to a new socio-economic order for the country.

    The programme is based on the group’s observations that the economy has not recovered despite the Federal Government’s recovery measures and polices.

    The event will hold from Friday to Sunday at the Lagos State Old Secretariat Mosque Hall, GRA Ikeja. It is being organised as part of the  association’s 10th Annual National Conference.

    A statement by the planning committee chairman Mr. Sina Sofola (SAN) said Governor Akinwunmi  Ambode, who is the Chief Guest of Honour, will declare the conference open.

    The theme is: Pulling Nigeria out of the economic recession.

    Former Chief Justice of Nigeria (CJN) Justice Alfa Belgore will chair the opening; Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem is the chief host.

    Managing Director of CRC, a credit bureau, Mr. Ahmed Popoola, will deliver the keynote address.

  • ‘How court’s closure aided fraudster’s escape from justice’

    Mrs Judith Obasi is a Port Harcourt-based lawyer. She speaks on her experiences, her dream of being a doctor, and what she would change in the legal profession if she had the powers. JOSEPH JIBUEZE met her

    What has been your most memorable experience as a lawyer?

    My most memorable experience was sometime in 2012 at the Federal High Court in Port Harcourt, Rivers State capital. It was a case between GTBank and a customer. I was representing Gtbank, which was the defendant. I was going on with a particular witness, an empolyee of the bank in whom I had so much trust in. She was my star witness. I had drilled her and she seemed to be very ready for the case that day. I examined her in chief and left her for cross-examination by the claimant’s counsel. In the process, she revealed information which she hid from me and that affected my case to the point that we were non-suited. I was most embarrassed. I’ve not forgotten how I felt that day.

    What was your first day in court like?

    My first day in court as a lawyer was sometime in March 2008. I had just been called to Bar in November of the previous year and just went back home from Abuja. Then I got a hearing notice. My dad had been charged with an offence. I quickly went to see his lawyer then, Mr Emma Ukaegbu. On March 21, 2008, I felt proud and I am sure my dad did too, when his lawyer announced his appearance and he said: ‘Appearing with me is my learned friend, Miss J.C. Azubuike, the daughter of the first accused person.’ Of course, the people that took dad and my siblings to court, the complainants, were blown away. It felt great, and I was confident the charge would not stand as I understood the ingredients of the charge, and it didn’t. The case was struck out by a no-case submission and the accused persons were discharged and acquitted.

    Why did you choose law?

    When I lost the opportunity to study medicine, I knew the only other professional course I could do was law. I love reading and doing research and most of all I admired the dignity of the profession even as a teenager.

    What would you have been if not a lawyer?

    I would have been a medical doctor, and if the opportunity comes up, I could still grab it.

    Where do you see yourself in 10 years?

    I see myself running a successful law firm.

    What has been your most challenging case?

    It was a case of advance fee fraud. My client was defrauded by an internet scammer in the guise of selling him a car. Somehow, he got the wind of the activities of the thief from the bank and went to the police, who wrote to the bank and investigation commenced. Having established that the larger part of the money was still in bank and the bank is willing to release the amount in the account as it was placed on lien, we went to court under the undefended list procedure. But the motion was not taken for one year because the courts in Port harcourt were under lock and key following a crisis. Within this period, the police concluded their investigation. The bank lifted the lien and the scoundrel made away with all the money. When court resumed, we went back, involved the bank as a second party at the instance of the court, and went through hearing. The bank was absolved of liability and we got judgment against the thief who had been at large from inception. We have judgment, but how do we execute it? I felt very low.

    What major challenges did you face after Law School?

    The major challenge young lawyers face is poor salary. They come out from school hoping to make their parents proud, having spent so much on their education. They get attached to a firm as an associate and they have to appear neat and well dressed all the time – well groomed hair and good shoes, neat collarets, bibs, etc, but out of the blues, one senior will just say: ‘You don’t pay a lawyer. He/she makes his own money’. Oh really! What clients does he have to make money from? Who does he know? Where does he know? So the young lawyer goes on like that, and some begin to cut corners to make some money. They suffer financial lack till they get one good brief and this may take years. I suggest there should be a standard of payment for young lawyers as it is with medical doctors. This will go a long way to help boost the confidence and integrity of young lawyers.

    What other challenges do you want addressed?

    Secondly, the issue of getting appointments as magistrates or judges only in one’s state of origin is another challenge. A young lawyer comes out from school and relocates to another town and settles there, or gets married and lives with her husband in another town in Nigeria different from her state of origin. Yet they cannot get a job in the state’s judiciary because they are not from the state where they are residing. Meanwhile, when we were called, we were called to the Supreme Court of Nigeria. As such, we should be able to work in any state we find ourselves, whether or not we are indigenes. I think it should be looked into by the Judiciary and the Nigerian Bar.

    What will you like to change about the legal profession if you had the power?

    As I said above, if I had the power, every young lawyer should earn at least N75,000 from any capable law firm he or she joins as a green horn, because  they end up doing most of the work and usually end up with little or nothing, getting some of them discouraged and regretting why they studied law. Secondly, every lawyer should be able to work in the Ministry of Justice of the state where he or she lives in and should also be appointed a judge or magistrate in such town as long as he is qualified. I don’t need to go back to my state, Abia, to get appointment when I am already settled in Port Harcourt and my husband works in there. It will jeopardise the wellbeing of my family. Since I am called to the Nigerian Bar, I should be able to work anywhere in Nigeria.

    Tell us a bit more about yourself. What drives you – money or a sense of justice?

    I was called to Bar on November 13, 2007. I have practised both in a corporate setting as a legal officer of a financial institution and also in a law firm as an associate. As such, I have experienced law practice both as a solicitor and an advocate. I’ve had the opportunity to work with passionate and committed learned seniors, so I work with passion. I work hard and I have accurate speed. I am committed to my work, my clients and my cause. I am keen about getting justice than the money. Nevertheless, the money is good, but the goal is the satisfaction of my clients as much as it lies within me and within the ambit of the law.

    Who do you look up to in the profession (your mentors)?

    There are a lot of them, but when I started, I had Okey Amechi (SAN) and Mr Monday O. Ubani (Nigerian Bar Association (NBA) Second Vice President), who is a relative, as my mentors. And there is also Mrs Miannaya Essien (SAN). She inspires me a lot now.

  • Is execution unconstitutional?

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

    As a Christian, of the Catholic persuasion, a Knight of the Order of St. Mulumba (KSM), and a Human Rights Activist, I abhor the death penalty, even for capital offences. I would rather go for life imprisonment.

    My faith is anchored on the 6th Commandment of God in the Bible: “Thou shall not kill” (Exodus 20:13; Deuteronomy 5:17).

    The Quran, in similar vein, provides in 6:151, “and do not kill a soul that God has made sacrosanct, save lawfully”. In 5:53, the Quran states: “who so kills a soul, unless it be for murder or for wreaking corruption in the land, it shall be as if he had killed all mankind; and he who saves a life, it shall be as if he had given life to all mankind”.

    The two religions share similar perspectives: no person shall kill another. However, whilst the Bible, in the 6th commandment of God, handed down by Moses, makes no exception at all, the Quran permits murder if done “lawfully”, (this allows state – permitted death penalty); or if done in “retaliation for murder, or to root out corruption. Otherwise, it would be as if such a killer “had killed all mankind”.

     

    Advantages of the death penalty

     

    People argue that some of the advantages of the death penalty include: it deters bad persons from committing heinous crimes; it is just desert for hardened criminals, to protect the majority; prevents people’s money being used by government to care for convicted criminals serving life, instead of death sentences; reduces number of heinous crimes such as murder, homicide, drugs, etc; and its humane, safe and clean when done by injection as it prevents the convict from being subjected to lengthy, painful and messy death, e.g. by firing squad.

     

    Disadvantages of the death penalty

     

    Aside my religious belief (my fundamental right under section 38 of the 1999 Constitution), the death penalty has its own shortcomings and low ends. For example, it does not necessarily lead to the presumed deterrence. Recidivism still reigns. Some of the over 30,000 crowd present at the Bar Beach, Lagos, while the notorious robber, Ishola Oyenusi, was being executed on September 8, 1971, still robbed other spectators. Death penalty terminates life and leaves no room for repentance or reform; causes depression and feeling of guilt on the executioner. It is not humane as some never died instantly but gasped for breath. Death penalty through lethal injection can be very costly; and worse still, it results in punishing the wrong person who can never be brought back to life again.

     

    The law relating to execution of prisoners on death row

     

    The rocus generated by the Lagos State Attorney General, Mr. Adeniji Kazeem, to the effect that condemned prisoners will, henceforth, unlike before now, be executed with the Governor’s ratification, has, expectedly, led to a variety of views. The most surprising, however, are views citing outdated cases of lower courts, decided at best, per incuriam, to the effect that executing a condemned prisoner by hanging or firing squad, runs foul of the provisions of section 34(1)(a) of the 1999 Constitution. The section provides that “every individual is entitled to respect for the dignity of his person, and accordingly no person shall be subjected to torture or inhuman and degrading treatment”.

    Nothing could be further from the truth in our corpus juris. The most prominent name readily thrown up in the present ocean of sheer emotions and sentiments, is that of Chukwuemeka Ezeugo, alias Rev. King, the General Overseer of Christian Praying Assembly, whose Lagos High Court death sentence was affirmed by the Court of Appeal and finally upheld by Supreme Court. He was convicted of the offence of pouring petrol on one Anna Uzoh and five other members of his church and setting them ablaze. Uzoh died. The others sustained serious injuries.

     

    Why are governors afraid to sign death warrants?

     

    Many governors who easily misappropriate state funds under the thin guise of “security votes”, readily develop cold feet and wash their hands off, like Pontius Pilate, in signing death warrants of condemned prisoners. What of the trial judge who condemned the convict after hearing evidence?

    In 2013, former President Goodluck Jonathan advised Nigeria’s 36 state governors to immediately sign death warrants for the execution of over 900 convicts who were then awaiting the hangman’s noose, because “that is the law”. He bemoaned prison congestion as partly resulting from this.

     

    Death by hanging and firing squad is legal

     

    The case relied upon by these protagonists of “death by hanging and firing squad is illegal”, is the antiquated and untested case of AJULU & ORS VS. A – G OF LAGOS STATE (unreported Suit No. ID/76M/2008, decided by Justice Mufutau Olokooba of the Lagos High Court, on June 29, 2012. This judgment was decided per incuriam, and clearly against subsisting decisions of superior courts, up to the Supreme Court. The judge had wrongly held: “…death by hanging and firing squad amounts to a violation of the condemned’s right to dignity of the human person and amount to inhuman and degrading treatment is consequently unconstitutional being violative of section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999. Section 367 of the Criminal Procedure Law of Lagos State and any other Law which provides for hanging and condemned by the neck till he be dead are accordingly declared unconstitutional. Section 1(3) of the Robbery and Firearms (Special Provisions) Act in so far it seeks to be implemented by the Respondent it is also declared unconstitutional and void”.

    This is not true. In Nigeria, execution by hanging or firing squad are legal and even made statutory. For example, the Administration of Criminal Justice Act, LFN, 2015 provides in section 301 that “punishment of death is inflicted by hanging the offence by the neck till he be dead”.

    Indeed, the apex court has in a plethopra of cases, affirmed judgment of lower courts for the offence of death and also pronounced on the very mode of execution, as hanging.

    Specifically, the Supreme Court affirmed the decision of the intermediate court in the case of Chukwuemeka Ezeogu Vs State (2016), LPELR – 40046 SC, which had upheld the decision of the High Court of Lagos State, in the following words:

    “…in respect of count 6, the sentence of this court upon you Chukwuemeka Ezeogu, alias Dr. Rev King is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul…”.

  • Court upholds Rivers community’s right to appoint head

    The Rivers State High Court in Port Harcourt has held that the Rumu-Amadi Wocha Nkpor Zurunha royal family retains the right to appoint or elect the head of the Rumuehienwo Village of Eledo Community, Rukpokwu town in Obio-Akpor Local Government Area.

    Justice E. Teetito held that the title of the village’s chief “has been and is still Eze Nkpokwu of Rumuehienwo Eledo Rumunkpor”.

    He delivered a verdict in a chieftaincy action  filed by elders Kenneth Amadi, Emmanuel Amadi, Harold Amadi and Mr Princewill Amadi for themselves and the royal family’s behalf.

    They sued the Eze Nkpokwu III of Rumuehienwo Village, Chief Jacob Amadi.

    The plaintiffs sought a declaration that the title “Eze Chimemeru III” is alien to the community.

    Among others, they sought a perpetual injunction restraining the defendant from parading himself as Eze Chimemeru III of Rumuehienwo Nkpor, but as Eze Nkpokwu III.

    They also prayed the court to hold that duties of the Eze Nkpokwu do not conflict with those of the family head family and elders of the three family units.

    The judge held: “From my assessment of evidence of the parties, that of the claimants is more probable to belief than that of the defendant.

    “I, therefore, believe the evidence of the claimants and hold that neither Rumu Amadi Wocha Nkpor Zuru Nha Royal Family nor Rumue-hienwo has any chieftaincy title called Eze Chimemeru. The only title for the chief of Rumuehienwo is Eze Nkpokwu,” the judge held.

    He granted a perpetual restraining order against Chief Amadi as the Eze Chimemeru III.

    “Rumu Amadi Wocha Nkpor Zuru Nha royal family is headed by a family head and the said family is sub-divided into three family branches, each unit headed by an elder,” the judge added.

  • Osinbajo: ‘Nothing wrong with President’s letter to Senate’

    Three lawyers, Dotun Adetunji, Emeka Nwadioke and Ikechukwu Ikeji have said President Muhammadu Buhari did no wrong by referring to Vice President Yemi Osinbajo as “coordinator of affairs of government” in the letter transferring power to him,

    Adetunji, a former Chairman of Nigerian Bar Association (NBA) Ikorodu Branch, argued that there was no ambiguity in the President’s letter to his vice.

    “I saw nothing wrong with the letter under reference. To me, “coordinator of affairs of government” is still the alter ego of Government! He is the President in the absence of the elected President.

    “ In the letter he wrote to the President of the Senate he declared that he is proceeding on vacation on health grounds and by virtue of section 145 of the Constitution of the Federal Republic of Nigeria which he equally referred to, functions of his office as President shall be discharged by the Vice-President as Acting President until he transmits to them a written declaration to the contrary which he is yet to do”, he stated.

    Nwadioke described the controversy surrounding the letter as “essentially unnecessary”.

    According to him, “Section 145 of the Constitution is clear on the subject. I am of the settled view that whatever extraneous material Mr. President may have injected into the letter, though needless and unfortunate,  is entirely immaterial”.

    He stated further, “It does not lie on Mr. President to interpret the provisions of the Constitution. It is settled that where the provisions of the Constitution are clear and unambiguous, the courts must give effect to the provisions. I do not think anyone is in doubt that Prof. Yemi Osinbajo, SAN (GCON) is the Acting President of Nigeria”.

    Ikeji who is the Lead Advocate, Constitutional Rights (and Peoples Development) Advocacy Initiative (CRAI), said there is no cause for worry since what the Constitution provided for is “Acting President”.

    Accor4ding to him, “Section 145 (1) of the Constitution of Nigeria, as amended provides “Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice President shall perform the functions of the President as Acting President”.

    He noted that for the purpose of emphasis, the phrase “Acting President” in the constitution was used with each word starting with an upper case.

    “This means that it is an office not just a function that will be the lot of whoever is the Vice President. This simply means that the Acting President has all the powers that the President has under the laws and Constitution of Nigeria without let or hindrance.

    To him, the President cannot intend or create any other meaning or interpretation to the position or situation neither can there be any other meaning or interpretation to be given to the letter or written declaration of the constitution other than to confer on the Vice President the intended position under the said section of the Constitution, namely ‘Acting President’.

    He remarked that the problem with the letter  written by the President was  simply poor draftsmanship stressing that President Buhari cannot create an office of coordinator of national affairs in the circumstances.

    “We may do well to desist from mischievous interpretation of the contents of the written declaration”, he counseled

  • ‘There should be no sacred cows in anti-corruption war’

    Mr.  Sani Sa’ad Dawaki is the Publicity Secretary of  Nigerian Bar Association (NBA), Abuja Branch. In this interview with Legal Editor John Austin Unachukwu, he speaks on law and development and the crises in his branch

    Do you think law has been a catalyst for socio-economic development?

    Yes, law has advanced Nigeria’s development especially judicial pro-                   nounce   ments which have saved us from chaos and quagmire in many instances.  For instance, the decsion in the case of Awolowo v. Shagari, on what constitutes 2/3 of 19 states, and Atiku v. Obasanjo,  where the court held that the President lacks power to sack his Vice,  etc. One big problem in Nigeria is non- enforcement of the laws. We have numerous laws in our statute books. If such laws are enforced fairly and squarely against all persons, corporate  bodies, private and public institutions,  officials,  etc,  much development will be recorded. However, our lawmakers have failed to pass critical laws which,  if enacted,  will impact positively on our development. Example of such laws are Petroleum Industry Bill,  the draft Federal Arbitration & Conciliation Bill 2006, an many others.  There is need to review and update or repeal some archaic laws in Nigeria.

    What do you mean by archaic laws?

    Some laws made during colonial era which now deserve review or repeal. For example,  the provision in our Criminal laws which created an offence known as “wandering” should be repealed.

     What legal instruments can we use to navigate out of the current economic  recession?

    Legal services can be the major revenue earner and source of employment. The monies recovered from looters should be channeled to critical areas of the economy such as building new refineries,  road constructions,  expansion of railway system etc. The government should match word with action,  particularly encouraging the local content  like “buy made in Nigeria goods” campaign, by supporting local manufacturers and producers.  Regulatory agencies should be revived to ensure that they check the antics of traders who are ripping poor and unsuspecting Nigerians off.

    How would you appraise the anti corruption war ?

    Every well meaning Nigerian should support the fight against corruption.  I support it wholeheartedly. Corruption and bad leadership have brought Nigeria to its knees. Unfortunately,  over the years,  successive administrations have paid lip service  to the fight against corruption. It is heartwarming that President Muhammadu Buhari vowed to fight corruption; we should support him.  However,  I urge the government to reckon with criticisms that the fight is lopsided and review the crusade.  There shouldn’t be any sacred cows in the fight against corruption.

    Your branch has been having crises for almost one year. What’s the state of affairs?

    As far as NBA is concerned,  for as much as I know, the Annual General Meeting (AGM) resolution, which is the highest decision making body of the NBA, has recognised our executives. No other body,  nor organ of the NBA  can overturn or overrule the AGM. Moreover, the case is in court and it is not proper to speak on a matter pending in court.

    NBA NEC set up a committee headed by a former Attorney-General and Minister of Justice Chief Kanu Agabi (SAN) to mediate. How did it go?

    No such committee was set up by the National Executive Committee (NEC) and I challenge anybody to produce the instrument that was used in creating them on the minutes of the said meeting.  Assuming that they did, they lack power to do so and that is why it failed.  What really happened was that A. B. Mahmoud  on his on, constituted a committee to resolve the perceived crisis and gave them two weeks to submit their  report. Unfortunately the committee headed by Kanu Agabi (SAN)  went ahead to enlarge their  terms of reference to include conducting a fresh election. In actual sense, the committee was faulted abinitio  and so couldn’t sit.

    So, what happened?

    We were amazed at the Minna NEC meeting of November 2016 to hear the President was expecting the committee report after about three months later than its mandate period. Eventually the purported report was not ready at the NEC meeting. After waiting endlessly, Mahmoud dissolved the committee there and then and promised to use his good offices  to resolve the matter. It is instructive to note that Ezenwa Anumnu-led executives have tried all possible ways to see  him  on the matter even before the Minna NEC meeting and afterwards,  but we were refused audience. Evidences abound of series of letters written to the President that were not responded to. That really made us to believe that he  has taken a position on the matter  even before the Minna and Aba NEC meetings. The whole idea is to give an impression that there is crisis even in the face of AGM resolution.  For heaven sake what happened to our disciplinary procedures for recalcitrant members as members of the noble profession?

    But I learnt that  a caretaker committee was set up in Aba NEC to take over your branch, how far has the committee gone now?

    Personally I do not know how far they have gone.  ABA NEC has no such power to set up such a committee.

    Why did the ousted   General Secretary of the NBA, Mr. Isiaka  Olagunju ask lawyers not to attend your branch meeting last week?

    No comment as the case is in court so it’s subjudice. If Mr. Olagunju Isiaka said so, then it is rather unfortunate.  I want to believe that people are trying to be mischievous and using his name for their own selfish purposes.

    Why did you go ahead with the meeting?

    The meeting has the mandate of all lawyers in Nigeria given to them in the AGM and that authority is yet to be rescinded.  The leadership of the branch led by Ezenwa Anumnu continues to enjoy the support and confidence of the members of the branch and so the Exco  of the branch has the responsibility to deliver on its mandate.

     A Lagos lawyer, Mr. Olasupo Ojo,  has filed Form 48 against Abubakar Mahmoud ( SAN) and his ousted national officers. How can the crises be resolved?

    No comment as the matter is subjudice.  We appeal to the senior members of the Bar to come together and find solution to the problem.

     

     

  • Malami: Anti-graft war on course

    The Federal Government has put in place sufficient measures to curb corruption and impunity, Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) has said.

    He said the Muhammadu Buhari administration has in the last two years taken steps to ensure the recovery and repatriation of loot hidden in foreign countries.

    Malami spoke in Abuja at the opening session of the United Nations Convention Against Corruption (UNCAC) peer review of Nigeria by Myanmar and Cote D’Ivoire.

    The Attorney-General, who was emphatic that the government has done a lot in the area of corruption prevention, said: “This government has undertaken preventive measures against corrupt practices and has put a lot of efforts in the recovery of looted, carted and stashed asset both home and abroad.

    “In the fight against corruption, Nigeria has put in place various policies with a view to ensuring sanity in the various sectors. These policies include amongst others the National Policy on Justice Sector Reform, the National Policy on Bureau of Public Service Reforms; and, recently, the National Anti-Corruption Strategy was validated and adopted and it is in the process of receiving approval of the Federal Executive Council in order to perfect it as a working document.”

    “The two chapters under review in this second cycle, that is Chapters 2 and 5 (Preventive Measures and Asset Recovery) are key areas of focus of the current administration of President Muhammadu Buhari, who remains committed to the fight against corruption,” Malami said.

    UNCAC’s focal person, Tukur Modibbo, said the fight against corruption was crucial in any democratic process, adding that it is also important to development issues.

    Modibo, who noted that corruption was capable of denying the people access to good governance and democratic dividends, called for a concerted effort against corruption because, particularly in the public sector.

    He said the review process, though done in line with the UNCAC’s requirements, is to see Nigeria’s level of compliance with certain global best practices as far as institutional framework and implementation are concern.

    Modibo said the benefits of the review is mutual and non-adversarial, so that countries could be rated but does not mean that, is to apply sanctions but meant to share mutual experience and the core observation of the lapses in each other’s system.

    The Crime Prevention and Criminal Justice Officer of the United Nations Office on Drugs and Crime (UNODC), Jennifer Sarvary Bradford said fighting corruption requires a lot of efforts and perseverance.

  • Don’t force Buhari to resign, says SAN

    It is wrong to put pressure on President Muhammadu Buhari to resign on health ground, a Senior Advocate of Nigeria (SAN), Chief Anthony Idigbe (SAN), has said.

    According to him, the decision to resign or not should be made personally by the president.

    Idigbe believes the president can perform his duties while managing his health issues as long as he is not incapacitated.

    The SAN spoke after his induction into the Third Degree of the Order of the Knights of St Mulumba (KSM) at the Catholic Church of the Transfiguration in Victoria Garden City, Lekki, Lagos.

    His wife, Elizabeth, a lawyer and Managing Partner of Punuka Attorneys and Solicitors, was inducted as a Lady of St Mulumba.

    On calls for President Buhari to resign, Idigbe said: “It’s a personal decision. It’s up to him to decide. In the Catholic Church, we had a similar experience where a pope on his volition felt it was in the best interest of the church to resign. So, it’s a very personal decision. It’s not what anyone should pressure or stampede him into doing.

    “In any event, the fact that someone has some medical challenges doesn’t mean the person can’t work. There are lots of facilities nowadays. So, the decision to resign is very personal. Nigerians should give him that privacy and allow him to consider his situation.”

    Idigbe praised the Federal Government on the release of 82 Chibok girls, saying their liberation through negotiation was a welcome development.

    “Everybody is glad that that has happened. We really need to do much more in our country to maintain rule of law. But I’m happy that at least there’s progress being made.

    “Particularly, I was happy to hear that the girls’ release was as a result of negotiation, and not through a battle or forceful capture. It gives me an idea that there is some discussion going on, and I think we need to engage more in our system.”

    The SAN said he was elated at the honour of being invested with the Third Degree of the KSM.

    “It’s a much higher spiritual responsibility in terms of the objectives of the KSM which is to defend the catholic faith, propagate the religion and to do charity. I love the charity aspect,” he said.

    Lagos Metropolitan Grand Knight, Dr  Charles Mbelede, said those admitted into the third degree category the church’s honoured order were examined and found worthy.

    On the significance of the knighthood, he said: “A Knight of St Mulumba is a practising Catholic with reasonable education and financial resources who is willing to volunteer his talent and energies for the service of God, the church and fellow men.

    “He aspires towards a high sense of Christian discipline and cooperates with other Christian denominations without compromising Catholic doctrines and principles.

    “He lives an exemplary Catholic life making use of the sacraments to grow in the Grace of God. He defends the Catholic faith and gives succour to the disadvantaged, the poor and the oppressed in the society. He is a man of prayer. The Ladies of St Mulumba are the wives of Knights of St Mulumba.

    “The Order for the Knights of St Mulumba Nigeria is a national private association of Christ’s faithful, modeled on the Sacred Order of Catholic Knighthood. It is founded upon the principles of Catholic action. Knights loyally submit to the ecclesiastical authority.”

    Mbelede urged Nigerians to pray for the president’s quick recovery.

    “For me as a Christian, I’ll pray for his health, but the country has to move forward. I think we should go by what the Constitution says regarding when the President is sick. The Constitution should serve as a guide for what is right and wrong,” he said.