The Nation Newspaper

Category: Law

  • In honour of Nigeria’s first DPP

    Name of book: Nigeria’s Legal Giant – the first federal director of public prosecutions
    Authur: Chinedu Obienu and Anna Stone
    No of pages: 123
    Reviewer: Dikeogu Chukwumerije
    Publishers: Anna Stone Publishing United Kingdom

    This is a book that announces its purpose from its very title: Nigeria’s legal giant – the first federal director of public prosecutions. Beneath this expansive caption sits the picture of an impressive man in the iconic wear of the legal profession. And beneath this, a name  G.C. Nonyelu (QC). There you have it, enough elements on the front cover alone, to generate interest in the inquisitive mind, especially where the object of that inquisition is Nigerian history. For, sadly, this is a nation with too many untold stories.

    One such story is what this book sets about telling; the story of a man born in the same year as the Amalgamation, in a place not too far away from here, who successfully made the transition from pre-colonial to post-colonial Nigeria, and over the course of 58 remarkable years left enough footprints in the sands for someone, 45 years after his demise, to think it necessary to immortalize him. For it still remains the closest a man can come, in this mortal world, to immortality– to have his words, his values, his life ensconced in the pages of a book. And when that man happens also to be Igbo, the fact of the documentation of his or her life becomes even worthier of celebration.

    For gone are the glory days of Arthur Nwankwo’s Fourth Dimension Publishing, when the documentation of the Igbo man’s perspective on socio-political and cultural issues was given priority. At this unfortunate turn of events in the literary landscape of the South East at this worrying diminution in the importance ascribed by the Igbo Man to Literature, at this his growing tendency to assign more value to what is Material over what is Intellectual,  it is important to remember that famous quote of the former British Prime Minister, Winston Churchill,who said: “History will be kind to me for I intend to write it myself”.

    It is also pertinent here to recall that popular, but brilliant, pun which succinctly de-constructs the word, ‘History’ into what it actually is, ‘His story’. We do this to remind ourselves of this fact – that if we, as Igbo people, are not to wake up one day to a history of Nigeria that has been so re-written that names like Nnamdi Azikiwe, Mbonu Ojike, Michael Okpara and, indeed, Gilbert Chukwudike Nonyelu, have disappeared completely from its foundational tales, then we must wake up to our responsibility, not just as merchants and traders, but as writers and chroniclers as well.

    That is the importance of a book like this. And so we must first thank its authors, Chinedu Obienu and Anna Stone,  for this their labour of love. Seeing as its subject matter was a man whose life straddled the UK and Nigeria, it is fitting that his biography is authored by two people, one from the UK and the other from Nigeria, both of whom share a common professional background in the Law. My only pain is that it would appear that there are no great publishing houses left here in the South East to have published this story of one of the Region’s illustrious sons locally. Indeed, it is a sad omen when a people lose the capacity to project their own stories, a sad omen indeed.

    But to the book itself! It is written in a descriptive style, accessible to all levels of readers, with restricted forays into that figurative use of language typically characteristic of rigorous works of literature. This is without doubt therefore a book written with a wide audience in mind, a Nigerian audience in particular, with its notorious attention span and troubled reading culture.

    So, in 120 fast-paced pages, easily ploughed through by a conscientious reader, we are treated to the synopsis of an engaging life, so engaging that even the most reluctant reader might find himself wishing, from time to time, that the narrative slows down a little to take him deeper, for instance, into the classrooms of the legendary Hope Waddell Institute where G.C Nonyelu was once a student, or into one of the debate sessions at the 1952 Constitutional Conference in London where the learned counsel was an adviser, or into that long year during the Biafran War when G.C Nonyelu was held in detention. Priceless historical moments all!

    But what the narrative loses slightly by moving so quickly, it more than makes up in the amount of ground it is able to cover, majestically spanning the decades between the man’s birth and death in a single slim volume. Indeed, it is a testament to the strategic thinking of the authors of this book that they are able to accomplish this without passing over any of the key talking points of their subject’s life.

    It is also worthy of note that a highly commendable effort is made, within the constraints of a book of this size, to dive beneath the surface facts of the narrative and interrogate the thoughts and motivations behind some of the subject’s critical choices in life. This is incontrovertible evidence of a book that was approached with a lot of thought, and a subject matter that was well researched and understood, by its authors.

    Indeed, this is a book that, in that sense, is very rich in content, especially in the form of vintage pictures from the Nonyelu family archives that bring to life the Nigeria of those times. Surely, the picture of G.C. Nonyelu being administered his oath of office by none other than the legendary Dr Nnamdi Azikiwe is one that any student of history would find tantalising? Or that extraordinary image on Page 17 of the book showing the passenger manifest of the Sibajak, the ship that took G.C Nonyelu from Lagos to the UK to pursue his legal education? To scroll down that list and see names like Obafemi Awolowo and Akintola Williams on the same boat, men who would all come back home to make significant impact on the course of the nation’s future is simply awe inspiring, re-emphasising the fact that G.C Nonyelu was not just a giant, but walked amongst giants as well.

    In truth, there is nothing hyperbolic about this statement, for the reality of the man’s story speaks for itself. An outstanding scholar, a successful businessman (so successful he was able to fund his own legal education in the UK, alongside the living expenses of himself and his wife for 4 years), a philanthropist, a Queen’s Counsel, a pioneer member of the Nigerian Bar Association Port Harcourt Branch, the first African President of the Port Harcourt Town Council, a representative in the Eastern House of Assembly, the first Federal Director of Public Prosecutions, a serial litigator and well respected lawyer – the list is endless. And to top it all, a happily married man with a strong and beautiful wife, and 5 lovely children.

    It is a fact that jumps out at the reader over and over again, the obvious love G.C Nonyelu had for his children whom he, most uncharacteristically for the typical African parent, encouraged to pursue their artistic inclinations in music and singing. Equally evident is his love for his wife, Emily (or Emilia as he called her), a love that is reminiscent of the great Awo himself who, in his autobiography, famously referred to his own wife as his ‘jewel of inestimable value’. And the similarity does not end there because, just like Awo’s wife did for him when he travelled on the very same boat as G.C. Nonyelu to the UK for legal training, so did Emily, for a whole year, hold sway over the family businesses on behalf of her husband before finally joining him in the UK, and remaining there with him till he was called to the English Bar on the 26th of January, 1948.

    And, in fact,it is in G.C Nonyelu’s decision to marry Emily that the attention of the reader is first drawn to the earliest manifestation of a trait that would play a defining role in the man’s legacy, the capacity to act on his convictions even it meant standing alone. For we are told that, in the customary parochialism prevalent even today, the fact that Emily did not come from Amawbia, or any of the surrounding towns and villages, was frowned upon by those around G.C Nonyelu. But the man, certain of what he wanted, and true to his liberalism, stood his ground.

    As he would stand his ground 20 years later when the office of the Director of Public Prosecution was stripped of its independence and subjugated under the office of the Attorney-General and Minister of Justice. G.C Nonyelu’s resignation from that office, in protest, on grounds of principle that this act would compromise the administration of Criminal Justice in Nigeria, is an example of integrity in public office that should never be forgotten or allowed to die.

    As should the example of G.C Nonyelu’s non-tribalism. Although not expressly stated, it can be surmised from the advisory role he played to the Action Group delegation to the 1952 Constitutional Conference in London that G.C Nonyelu was more drawn to the politics of Awo, with whom he studied Law in the UK, than to that of his own fellow Igbo man and Anambran, Zik.

    In the ethno-regionally charged politics of the day, it was an extraordinary act of courage to follow one’s convictions and ideology regardless. In this regard, the book records G.C Nonyelu’s exemplary non-partisanship at the Constitutional Conference of 1952, how this left indelible impressions in the minds of his colleagues, and stood him in good stead to being appointed Federal Director of Public Prosecutions 8 years later.

    This objectivity and commitment to liberal and cosmopolitan values was not an act, but flowed genuinely from G.C Nonyelu’s belief that a people that had not substituted tribalism for nationalism, and parochialism for meritocracy, were not ready for nationhood.

    He shared these thoughts with other great minds like the Yoruba nationalist, Adegoke Adelabu who wrote to him in 1951 stating that, “The short-sighted gospel of tribal capitalism…must be replaced in due course by a more robust and broader based Nigerian capitalism if we are sincere in our desire for a strong and Unified Nigeria able to take her place among the comity of free nations.”

  • How to create wealth through corporate practice, by lawyer

    How can corporate lawyers create wealth? It is by acquiring business skills to run a profitable law firm, having a good understanding of the law, developing a niche, building relationships and investing, says a lawyer, Mrs Omoefe Siakpere.

    Lawyers, she said, must see their practice as a business, and need to create a plan towards success.

    Siakpere spoke at the 2017 Law Week of the Nigerian Bar Association (NBA), Benin Branch, on the theme: Investment options and wealth creation through corporate practice.

    She said: “Create a viable business plan, highlighting your practice areas and the pricing of services. Identify your cash cows in corporate practice, competition, competitive advantage, SWOT (strengths, weaknesses, opportunities, and threats) analysis and know your breakeven point. Please note that law practice is a form of business,” she said.

    Siakpere, who is the founder of  Klass & Korporate Consultants International Ltd, said lawyers need to reposition themselves.

    “Developing a niche as a corporate lawyer offers you an opportunity to distinguish yourself in corporate law and develop a practice area that allows you to attract clients,” she said.

    The lawyer said building relationships and networking are key, adding that 80 per cent of business development potential comes from existing clients.

    “Few practices deploy a strategic plan for offering more legal services to their clients after the close of their case files. We have discovered that for most law practices, attempts to ‘keep in touch’ with clients is an ad-hoc affair involving no more than a greeting card at Christmas.

    “By showing your interest in helping your client succeed, you can be sure that he will think of you when he needs legal advice or contracts drawn up for his business,” she said.

    It is also important for a lawyer to work on their attitude towards clients and others. They must also pay attention to their appearance which creates first impressions, and on how they follow up on opportunities.

    They must also develop their knowledge base in corporate law, especially how regulatory bodies function, which she said allows them to provide potential clients with critical information.

    Siakpere said corporate lawyers must learn to say no to unprofitable cases that will not help to build their niche market.

    There is also need for lawyers to invest, as well as grow and protect their investment portfolio by carefully diversifying it towards creating wealth.

    Some of investment options, she said, are stocks, mutual funds, money market account, land flipping (buying of land and reselling quickly for a profit), buying and renovating old or dilapidated structures that can rise in value; property development, real estate investment trusts (a form of collective investment scheme),  among others.

    “According to Benjamin Franklin, ‘an investment in knowledge pays the best interest.’ When it comes to investing, nothing will pay off more than educating yourself. Do the necessary research, study and analysis before making any investment decisions. This will eventually lead you to wealth creation,” she said.

    Siakpere is a commercial lawyer with over 10 years’ experience in corporate law.  She holds a master’s degree in corporate and commercial law from the University of London.

    She served as the Corporation Secretary for several years with Gitto Constuzioni Generali, an Italian Multinational Company with operations across Africa, Europe and America before setting up Klass & Korporate Consultants.

    She has worked on projects supported by Delta State Government focusing on entrepreneurial development, job creation and business sustainability.

    Klass & Korporate Consultants renders business development services such as drafting business plans, proposals, company profiles, as well as providing requisite guide for certifications for companies with major contract employers as well as regulatory agencies.

    It has strategic alliances with organisations in the United States of America as well as the United Kingdom. Since inception in 2011, it has registered and groomed over 500 businesses.

     

  • How to restructure Nigeria, by lawyers

    Calls for the country’s restructuring keep recurring despite succeeding administrations’ seeming concern about the matter. Eric Ikhilae examines why the agitation has lingered and sought law experts’ views on the way out.

    For many ethnic nationalities, the solution to the country’s multifarious problems is restructuring. Their campaign for true federalism did not begin today. But the campaign keeps reccurring under succeeding administrations. Before he left office in 2015, President Goodluck Jonathan organised a national conference to solve the issue.

    The resolutions of the conference, which according to estimates, allegedly gulped N7billion, are yet to be implemented.

    The need to build a functional nation that fairly benefits all its component units – which restructuring simply implies -has remained since the attainment of independence in 1960.

    For restructuring advocates, there has always been need to restructure the country, because no human structure is perfect. Thus, they believe the country requires persistent tinkering until the best structure is achieved.

     

    Past attempts at restructuring

     

    They argued that the quest to restructure, which informed the pre- and post-independence constitutional conferences, continued under succeeding military administrations.

    The military tinkered with the country’s structure, moving from a three-region arrangement to 12, later 19 states, and ending with the late Gen Sani Abacha, which raised the number of states to 36 and local governments to 774.

    It could be argued that attempts at producing a Constitution that will ensure a state that functions to the benefit of all began with the Clifford Constitution of 1922, through the Richards Constitution (1946), Macpherson Constitution (1951), Lyttleton Constitution (1954), Independence Constitution (1960) to the Republican Constitution of 1963.

    It did not end there, succeeding military governments continued with the Constitutional Conference of 1975/76, Constituent Assembly of 1977/78, Constitutional Conference (1988/89), National Political Reform Conference (1994/95 and the conference by the Abdulsalami Abubakar administration that produced the 1999 Constitution from the Abacha administration’s 1995 draft Constitution.

    On assuming office in 1999, the Olusegun Obasanjo government constituted a political reform committee in 2005; his successor, Umaru Yar’Adua set up the Electoral Reform Panel headed by former Chief Justice of Nigeria (CJN), Justice Muhammed Uwais; the subsequent administration of President Jonathan had its National Conference in 2014.

    The incumbent President Muhammadu Buhari  has also set up the Constitution and Electoral Reform Committee, headed by former Senate President Ken Nnamani. The committee submitted its report to the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN) on last week.

     

    Why agitation for restructuring

    persists

     

    To observers, the call  has persisted because of lack of a genuine attempt by the government to carry through past recommendations for restructuring produced at the state-convened conferences and private initiatives.

    Some of such private initiatives include those by members of the National Democratic Coalition (NADECO), the late Chief Anthony Enahoro-led Pro-National Conference Coalition (PRONACO) and the Movement for National Reformation (MNR), among others.

    While those, who benefit from the current arrangement thought the cry for restructuring will peter out with time, it has persisted, and incidentally, has now assumed a pan-Nigeria outlook, with major voices being raised in all sections of the country in its support.

    At a lecture in Osun State on March 6, former Vice President Atiku Abubakar stressed the need for the country to be restructured, adding that it was a necessity if the country was to survive beyond today.

    He said: “While those calling for restructuring may be driven by different motives there is certainly a strong case for restructuring our federation. My reasons are simply that the current structure, which concentrates too much power and resources in the centre, makes us economically unproductive, uncompetitive, indolent, and politically weak, disunited and unstable.

    “It has made our component units too suspicious of one another, a suspicion that makes any rational discussion very difficult. This structure, which can be called ‘unitary federalism,’ does not serve the country or any section well. It rests on the foundation of dependence on oil revenues, which seem to be in long-term decline and is, therefore, unsustainable.

    “And a country remains united in the long term only because the component units believe that it is in their interest to remain part of the country, that there are important things that they get from remaining part of the country than not.

    “Leaders from across the country acknowledged this and gave voice to it in the last political conference held in 2014, whatever the motivations for convening the conference at the time,” Atiku said as the Guest Speaker at the annual Prof. Ademola Popoola Public Lecture at the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State on March 6, 2017.

    On March 26 this year, prominent Ijaw leader, Edwin Clark, renowned Igbo personalities – Emeka Anyaoku and John Nwodo – at an event in Lagos, echoed Atiku’s call for restructuring.

    They argued, among others, that the unity of Nigeria and harmonious co-existence of the various ethnic nationalities will be deepened by fiscal federalism and the restructuring of the polity. The event was a dinner held in Lagos by old members of the Sigma Club of University of Ibadan for Nwodo, who recently became the President-General of the pan-Igbo organisation, Ohanaeze Ndigbo,

    On May 3 some leading lights in the Southwest, including Osun and Ondo states governors, Rauf Aregbesola and Oluwarotimi Akeredolu, pioneer Chairman of the All Progressives Congress (APC), Bisi Akande, ex-Chief of Army Staff, General Alani Akinrinade, among others, preached the godpel of restructuring at Akinrinade’s book lauch in Lagos.

    Aregbesola, who described himself as a federalist, noted that Nigeria is the only federation where the police and the entire internal security arrangement are unitary.

    He said it is shocking that Nigerians are indifferent about a recent report from the Nigerian Extractive Industry Transparency Initiative (NEITI), to the effect that N315 billion and $21.8 billion or about N7 trillion, by 2017 exchange rate, was not paid by the Nigerian National Petroleum Corporation (NNPC) to the Federation Account.

    “If we are actually interested in our development and progress, we must not fail to harp on this anomaly in our accounting system and our management of federal resources,” Aregbesola said.

    On his part, Akeredolu shared Gen. Akinrinade’s views on decentralisation of the system of government. The governor added: “The time has come for proper restructuring. We must prepare a blueprint for restructuring. I believe he will give us more details about his idea of restructuring in his memoir.”

     

     How should it be done?

     

    To the pro components of restructuring include de-centralisation of the powers structure to include the devolution of power to the constituent state, to the extent of creating a not so attractive centre, state police, local government autonomy, among others as is always the case in every federation.

    To them, Nigeria cannot persist in presenting an aberration, and seek to retain a warped federal system that is more unitary than federal, in structure and operations.

    For some senior lawyers, including Sebastine Hon, Joseph Nwobike and Mike Ozekhome (all Senior Advocates of Nigeria) the time to restructure is now. Each of them went further to contextualise his picture of a restructured Nigeria.

    Hon agreed that it was time to restructure the country. He said it should take the form of a constitutional amendment where all the identified anomalies are critically examined and reordered.

    He faulted the current arrangement where the local government was tied to the apron string of the states. Hon said he was comfortable where local governments were entangled from the control of the state and accorded political and fiscal autonomy, which would be reflected in the constitution.

    “Such restructuring should also be extended to the Judiciary, which is currently highly centralised. I do not see why we cannot have regional Supreme Courts and Courts of Appeal if we cannot have such courts in each states as is the case with the United States.”

    Nwobike argued that the sort of restructuring the country deserves is a constitutional restructuring, with the objectives of achieving political cohesion and enable the redistribution of political powers and authorities, in such a manner as to give all segments of the Nigerian society a voice in the management of its affairs at various levels of government.

    This, he contended, must commence with the granting of additional constitutional autonomy to the local government council, with a drastic reduction in the political control, which the state government currently has over the local government council.

    He added that there was also the need to reduce the mass of political authorities, which the Federal Government exercises, under the Constitution at the moment.

    “So, when I say constitutional restructuring, I mean there has to be the rebalancing of the various levels of power redistribution mechanism, so that people will have a sense of belonging. Today, the reason why a lot of the states are unable to meet the yearnings and aspirations of its citizens is that there is this Federal Government that controls basically, everything, from police, Immigration, to finance, oil related revenue, mining license, among others.

    “The Federal Government collects all the revenues and give to the states at its discretion. And this has created a problem. I also think there is the need for constitutional recognition of the geo-political zones.  As at today, political zone is a mere political expression.

    “But, we should incorporate it in the Constitution, so that certain considerations, in terms of redistribution of powers, Federal Character consideration, can also take account of the geo-political zones,” Nwobike said.

    He added that such restricting should also be reflected in the Judiciary because it is improper, within the context of our federal system of government, for the National Judicial Council (NJC) to be responsible for the appointment of judges for the states. “That is completely wrong,” he said.

    The states, he said, should be responsible for the appointment of their judges.  The states, in that regard, should also be empowered to create specialised courts, including those that could hear some appellate cases.

    Nwobike argued that: “To concentrate the judicial power, in a federal system, in the hands of the Federal Government, is antithetical and over bearing. “

    Ozekhome, who was a government delegate to the Jonathan conference of 2014, faulted opposition to the call for restructuring, urging the Buhari administration to revisit the conference’s report, which he said, contains comprehensive recommendations on how to restructure the federation to benefit all.

    “My recommendation for urgent restructuring, devolution of powers from the centre to the federating units, enthronement of true fiscal federalism, all of which the National Conference (2014) argued, fought for, disagreed, agreed on and finally consensualised upon, between its inauguration by former President Goodluck Ebele Jonathan, on March 17, 2014, to August 14, 2014, is to avoid a violent break-up of Nigeria. It has happened before elsewhere.

    “I have always been surprised, but of late, bemused, when I hear some people kicking against restructuring. Restructuring is not tantamount to a break-up. It is simply an idea designed to address the unnatural imbalance and lopsidedness of Nigeria, which puts her permanently on an explosive keg of gun powder, driven by various centripetal and centrifugal forces.

    “We are operating a unitary system of government, euphemistically dressed up in the borrowed garb of federalism. If we were federal, why does the Federal Government at the Centre have so much money, as to dole out so called “Bail-out” funds, to weak federating units, the states, gasping for the oxygen of simple existentialism?

    “If we were federal, and needed no restructuring, why do the 36 state Commissioners of Finance in Nigeria congregate in Abuja at the end of every month in the ritual (like witches and wizards in a coven) of sharing allocations from the Federation Account under Section 162 of the 1999 Constitution?

    “If we were federal, and all is smooth and well, how come states cannot be self-dependent, without looking for crumbs that fall from the big master’s table in Abuja? If we were truly federal and unitary, how come politicians engage themselves in a strangulating “do-or-die” war of attrition, to capture power at the Centre, so as to have unhindered and free access to our common till patrimony and commonwealth?” Ozekhome asked.

    “If Nigeria were genuinely fiscally federal, how come every Nigerian is simply interested in how to share the national cake, without caring about how it is baked, who bakes it, the means and methods of baking it, and at whose expense?” he askedWhile jailing corrupt people may be salacious and newsworthy in the short run, only a detailed and systematic reform of the society by consistently targeting the proceeds of crime and creating technologically-driven transparency and accountability system can counter the onslaught of treasury looters and political money bags in the long runWhile jailing corrupt people may be salacious and newsworthy in the short run, only a detailed and systematic reform of the society by consistently targeting the proceeds of crime and creating technologically-driven transparency and accountability system can counter the onslaught of treasury looters and political money bags in the long runWhile jailing corrupt people may be salacious and newsworthy in the short run, only a detailed and systematic reform of the society by consistently targeting the proceeds of crime and creating technologically-driven transparency and accountability system can counter the onslaught of treasury looters and political money bags in the long run.

  • ‘Review laws on council administration’

    Chief Robert Taple is a lawyer and chairman of Plateau State Local Government Service Commission. In this interview, with Legal Editor JOHN AUSTIN UNACHUKWU, he speaks on local government autonomy and sundry national issues.

    How do you think laws have impacted on local government administration?

    In the recent past, the National Assembly has made efforts to review our Local Government laws, some of which have become obsolete and no more relevant in driving the local government system in the present day Nigeria.  When you talk of the running of administrations, we need finances. Some of the laws that have to do with taxation, revenue generation in states, local governments and so on are now archaic and need to be reviewed.

    What is your view of the legislative lists?

    The exclusive legislative list, the concurrent legislative list and the residual list all need to be reviewed to specifically assign responsibilities to different tiers of government so that local governments can collect their own revenues. The same applies to state governments, so that everything will be categorically spelt out. When you move around the local governments today, you will find different people scampering  for revenues, some private companies that come under all sorts of names and categories.  It makes the whole thing look as if we are a lawless society.

    You have been appointed chairman of Plateau State Local Government Service Commission. How do you feel about this?

    I thank Governor Simon Bako Lalong for giving me another opportunity to serve my state and make my own modest contributions towards the development of  Plateau State in particular and Nigeria in general, especially the development of local government service of Plateau State. I feel that the local governments definitely are very vital to the people of Nigeria in general and Plateau State in particular. One way our people can feel the impact of government is through a functional  local government, which provides basic services to the citizens, where citizens are enlightened  on their rights and privileges  pertaining to education, health, structure of  government, their social responsibilities and so on. So, you can see that running the local governments is actually a very big challenge and it is a strata of government that takes responsibilities for very critical segment of our society.

    How do councils cope with the joint account system?

    In general terms,  people assume  all over the federation that state governments tamper with the allocation of the local governments. However, the degree of  involvement of state governments in local government finances differ from one state to the other.

    What is the degree of involvement in Plateau State?

    Governor Lalong is very responsible and focused . The local governments have funded other sectors  in the state based on mutual agreement with the state. Of course, the Joint Accounts Committee (JAC) meets  in order to separate the monies that are required for the payment of salaries. We make sure that the salaries of local government staff come on the first line charge. Of course we are involved in the training of staff. Local governments release one per cent of their allocation on the first line charge  for the training. About 2.5 per cent of the local governments funds are also released at the JAC for the payment of gratuities and pensions of their own staff.

    They also release five per cent for the State Universal Basic Education Board (SUBEB). After all these have been allocated, whatever is left of the balance, particularly after removing the VAT, whatever is left from the federation account goes back to the local governments for them to carry out their projects. In Plateau State, many of the local governments have carried out monumental infrastructural developments.

    Plateau State is regarded as  home of peace and tourism. What are  you doing  to harness the state’s tourism potential?

    Well, peace has actually come to Plateau with the advent of  Simon Lalong administration. He made very serious and highly commendable  efforts to return peace on the Plateau. We have achieved a great deal in this direction and this goes to say that when there were crises here in the past,  the crises  came from different local government councils and now that the local  council are functioning well, I can say that peace has actually come back.

    How has this affected tourism in the state?

    Tourism sites of Plateau State are found in the local government councils  and so long as there is peace,  the tourism sites are secured. People can now move about freely to enjoy the beauty, serenity and the wonderful climate of Plateau State. Plateau State is completely a tourism destination. In fact, I was in one of the chiefdoms in Mangu Local Government Council. The community is called the Manja Chakfem   community and it will surprise you to go round such a place  and see how beautiful God has designed its topography. It is a wonderful  sight to behold and that is how it is in other areas. Each one of them has different and unique tourism sites. Is it Wase,  Kampan, Pankshin,  Riyom and so on, there are many tourism sites  in all the 17 LGAs. Tourism as you know cannot be developed by the state government alone. The private sector must be involved through the Private Public Partnership (PPP). All that the government needs to do is to provide peaceful and conducive environment for them to operate and to make sure that  investors come in without any serious problems or hitches. If that is done we should be able to attract investors to harness the state’s tourism potential.

    Governor Lalong places priority on education and agricultural development. How can the local governments key into this vision?

    You know that education is the most important tool that can push a state or country forward. In the past, if you talk about education in the north, you have to mention Plateau State.  But through the years, we have lost a lot in terms of the educational advancement of our people. But with the Lalong regime, there is a concerted effort  to give education  a pride of place in the state. This has  been demonstrated in many ways. When we came in, the state  university that was closed down by the past administration for long was reopened by Governor Lalong and they have done their first convocation. Of course, a lot of developments are going on with the provision of educational infrastructure. The governor has given instructions that Plateau State indigenes, who made first class in any institution, have automatic employment  and so on. These are the incentives that the Governor is putting in place so that people will take keen interest and bring back the glory of Plateau State as far as education is concerned.

    What about agriculture?

    Coming to Agriculture,  Plateau State is doing everything to promote agriculture  to provide food for our people and the country at large. We have the land. Almost everything grows in Plateau State, though our neighbouring state says they are the food basket of the nation. In actual fact, Plateau State is also the food basket of Nigeria because we have different variety of crops here. Others have limited variety,  but we in Plateau have crops and agricultural products that are both from temperate and tropical regions.

    So, I see Plateau State as everything in tourism and agriculture,  and the way the governor has taken this agriculture, the level to which he has taken it now, makes me believe that Plateau State has the potential of being one of the best states in Nigeria within a short time in agriculture.

    People have been coming here to pick the experience of Plateau State in order to shape their own local governments administration. So, agric is flourishing very well here, there no  is gainsaying the fact that we are an agrarian state.

    Of course, there are so many rivers, fish ponds, etc. The governor has given a serious attention to the Panyan Fish Pond, which is one of  biggest fish ponds in the country. And  the investors have come to  key into it. With our 2017 budget proposal, there will be massive roads and infrastructural  development across the 17 councils and this is going to open them up. It is going to open up agriculture, tourism, everything. The way I perceive the future of the state is better imagined because I have seen that our governor is focused and determined to take Plateau to greater heights. They didn’t give him a chance, but God in His infinite mercies put him there and he is really prepared and focused.

  • Lawyers remember first Federal DPP at book launch

    Dignitaries gathered in Awka, the Anambra State capital to remember the first indigenous Federal Director of Public Prosecutions (DPP), the late G. C. Nonyelu (QC).

    A biography on the late DPP was presented at the event.

    Participants spoke of the need to to reintroduce the teaching of history in Nigerian schools as a way of keeping alive the contributions, memories and achievements of  the country’s heroes past as a way of immortalizing them.

    The co-author and  Secretary, Nigerian Bar Association (NBA), Abuja branch, Mr. Chinedu Obienu said: “The wordings of our national anthem has been relegated to the background by such a policy which counters our identity as a nation. A line in our anthem reads: ‘The labour of our heroes past shall never be in vain’.

    “I fear that our children may one day be asked: Who is Dr. Nnamdi Azikiwe? Who is Dim Odumegwu Ojukwu? Why is Chief Obafemi Awolowo’s face on the N100 note? Why is Sir Ahmadu Bello’s face on the N200 note? And they may not be able to answer.

    “I call on the Nigerian government to return the teaching of history to our secondary schools and colleges so that the labours of our heroes past shall never be in vain.”

    He urged the Federal  Government to confer a post-humous honour on him, such as awarding him the Officer of the Federal Republic (OFR), naming a street in Abuja after him, or naming the conference room of the office of the DPP of the Federation after him.

    A contemporary of the late Nonyelu, Chief Jerome Nwokolo (SAN), urged the younger generation to emulate the “exotic pedigree, integrity and great level of honour which Mr. Nonyelu had.”

    He said: “We still miss the integrity, honour and commitment which he had and for that honour, we honour him here today.

    “Unless we do that, we are bound to go down into the abyss of impunity.”

    A Senior Advocate of Nigeria (SAN), Chief Arthur Obi-Okafor, recalled that the late Nonyelu was exceptionally brilliant.

    “The late GC Nonyelu would come to Court to do his case even without a case file, everything was in his head and he would do it diligently.

    “He was energetically and intellectually sound; his practice was robust and his English impeccable.

    “Our people have done well and are still making progress in the profession. The works of the likes of Prof Fidelis Nwadialor in Civil Procedure Rules are there for everybody to see,” Okafor said.

    Chairman, NBA Nnewi branch, Mr. Emmanuel Chikaelo, who spoke on behalf of NBA committee of chairmen and secretaries in Anambra State,  said: “ We appreciate what the author of this great work has done today, to keep the memory  of our great colleague alive with this work.

    “We shall always encourage efforts to immortalise our heroes past so that their labours shall not be in vain and keep the flag of the legal profession flying. The author has really made us proud.”

  • A-G takes over Ladipo market murder case

    Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem has taken over the prosecution of Monday Lawrence, the suspected killer of Anene Utazi, a trader at the popular Ladipo Auto Parts Market in Lagos.

    Lawrence, alongside others still at large, are standing trial before Justice Oluwatoyin Taiwo of the Lagos High Court for the alleged murder of Utazi during a crisis at the market last year.

    They are facing  an eight-count charge of conspiracy and murder.

    The state alleged that Lawrence and others still at large on February 18, last year at Odo-Aladura, Ladipo, Mushin, murdered Utazi.

    The accused, who has since been granted bail, was also alleged to have matcheted about five other traders at the market.

    Last week, Ladipo market union leaders through their lawyer, Monday Ubani, petitioned the Attorney-General that the matter was not being handled properly.

    Ubani claimed that the defendant was granted bail in a suspicious manner while several witnesses are being harassed and threatened by the defendant.

    At the resumed proceedings of the matter last Friday, the prosecuting team led by Mrs R. O Aroyewun,  told the court that  Kazeem has indicated interest to personally handle the case.

    Aroyewun told the court that 37 witnesses have been lined  up to testify in the trial.

    “ My Lord, the attorney-general has expressed interest to personally handle this matter. Our witnesses are 37 and they are ready to testify before the court,” she said.

    She appealed to the court for an adjournment to enable the prosecution sort out a few issues with the witnesses.

    The defendant’s lawyer, Mr. Spurgeon Ataene, did not oppose her application.

    Justice Taiwo asked the prosecution team to streamline its large number of witnesses.

    She adjourned till June 21.

  • Court adjourns ex-worker’s suit against bank

    The National Industrial Court of Nigeria (NICN) in Lagos has adjourned till June 28 for adoption of addresses in a suit by a former banker, Mrs Pauline Nsa.

    She is seeking N13.885million as outstanding terminal benefits from her former employer.

    Justice Kenneth Amadi adjourned after Nsa was led in evidence by her lawyer Nnabuike Edechime and was cross-examined by the respondents’ counsel, Mr Ben Anachebe (SAN).

    Anachebe said his clients will file a civil no-case submission rather than calling a witness.

    Among documents tendered by the plaintiff include her offer of employment letter, confirmation of appointment, letter of secondment, compensation package, transfer of service, review of compensation package, request for redeployment, letter complaining about short payment, letter of demand, the bank’s response, among others.

    The claimant said First Bank of Nigeria Ltd employed her as an Assistant General Manager on an initial salary of N12.7million per annum with effect from March 10, 2008 after leaving UBA as a Principal Manager.

    According to her, she was seconded to a subsidiary company, FBN Microfinance Bank Ltd, as the pioneer Managing Director/Chief Executive Officer with effect from September 10, 2007, with a reviewed compensation package of N26.7million per annum.

    Nsa said following a restructuring, her services were transferred to FBN Holdings Plc, which later divested from FBN Microfinance Bank, following its acquisition by Letshego Holdings of Botswana.

    The claimant said before the divestment, she took the company from an initial capital of N1billion in 2009 to N3.8billion when it was sold, adding that she returned to FBN Holdings and requested for redeployment.

    “The first defendant (FBN Holdings) failed to redeploy me as requested but rather advised me to apply for voluntary early retirement so that I could be paid all my entitlements.

    “Consequent upon the inducement of the first defendant, I had no choice than to apply for voluntary early retirement. The first defendant thereafter paid me N20,468,807.33.

    “I contend that I was short paid by the sum of N13,885,726.32 which is still outstanding and unpaid by the first defendant,” the claimant said.

    Nsa said based on the defendants’ employee handbook, she was supposed to retire at 60 or after 35 years of service, but was “compelled” to retire at 56.

    She is, therefore, claiming N139,014,632, which she said is the remuneration for the four years she would have worked before retirement, and N10million as general damages for “cutting short her banking career, subjecting her to severe embarrassment and indignities, and for emotional trauma”.

    Under cross examination by defence counsel, Nsa said she retired as a staff of FBN Holdings.

    Anachebe asked her: “The N35million severance package paid to you, was it paid to you as Managing Director of FBN Microfinance Bank or as Assistant General Manager of FBN Holdings?”

    Nsa said: “It was directors’ severance allowance paid to all directors of FBN Microfinance Bank. I received it as a director.”

    The SAN asked: “Having received benefits from FBN Microfinance, do you admit that you were a staff of FBN Microfinance Bank during the period of your secondment?”

    Nsa responded: “I’ve never been a staff of FBN Microfinance Bank.”

    Anechebe further asked: “Do you have a handbook saying that you are entitled to payment of salaries for the unexhausted year?” Nsa said: “I don’t have any such handbook.”

    When the SAN suggested to the plaintiff that her retirement was “voluntary”, Nsa said: “I was compelled to retire,” adding that she wrote two letters to FBN Holdings seeking to return after it divested from the Microfinance Bank.

    The defendants claim Nsa was paid all her entitlements and urged the court to dismiss the suit.

     

  • Law students honour SAN

    The  Law Sudents Society of the Ekiti State University, Ado Ekiti, has honoured a constitutional lawyer and author, Mr Sebastine  Hon (SAN), with an award of excellence.

    It is for his “invaluable contributions to the academia and the development of the  legal profession.”

    The SAN is the author of the popular book: S.T Hon’s Law of Evidence.

    The Society president, Mr. Fajulugbe Oluwatosimin, who led nine other officials, praised Hon for his contributions to the development of the law and legal practice in Nigeria.

    He said his books, advocacy in court and opinion on public matters are always a reference point.

    Hon was also invested as the Soceity’s Grand Patron.

    The law students also plan to host a national moot court competition among university law faculties in Hon’s honour.

    There was a question and answer session in which members of the delegation asked  questions on the legal profession and secret’s of Hon’s success.

    The SAN praised the students for traveling all the way to Abuja to honour him.

    He urged the to work hard and stay focused if they must succeeed.

    The excited students said they were happy to meet with their mentor in flesh and blood.

    Hon presented the students volumes of his books including S.T Hon’s Law of Evidence in Nigeria (Vols. 1 and two), and S.T Hon’s Constitutional and Migration Law in Nigeria.

  • ‘How law firms can survive’

    • NBA Lagos holds law week

    Law firms can survive a harsh economy if they are well structured and efficiently managed, a Lagos lawyer, Ahmed Akanbi, has said.

    He said many lawyers lack the requisite skills to manage law firms, with some cutting corners to make ends meet.

    “It’s only when a lawyer is financially stable that he can be useful to society,” Akanbi said.

    He spoke at a briefing on the Nigerian Bar Association (NBA) Lagos Branch Law Week to be held from May 24 to 27 at the City Hall. The theme is: Building and sustaining a vibrant law practice – prospects and challenges.

    Akanbi, co-chairman of the Law Week Committee, said the theme was chosen to enable lawyers learn the rudiments and secrets of running successful law firms.

    “A lot of our colleagues are really complaining. Due to paucity of funds, some engage in sharp practices. However, opportunities exist that haven’t been tapped into. If a practice is well structured, there will be no need to look for other sources of income,” he said.

    Akanbi said Chief Justice of Nigeria, Justice Walter Onnoghen, will be the Special Guest of Honour, while renowned corporate board room guru and lawyer, Mr. Gbenga Oyebode, will be the keynote speaker.

    “This theme was carefully picked and arrived at, on the basis that one has come to realise that there is an urgent need for lawyers to begin to see the practice of law as ‘a business’ for the generation and earning of legitimate income that will not only support individual needs, but that of the larger society as well.

    “But the beyond the business side of it, the Law Week Programme has also been carefully designed to be a one-stop response to such burning issues and challenges that continue to beset the minds of lawyers and the public,” he said.

    He said there will be technical and breakout sessions, in which topics such as the capital market, oil and gas law, law and technology, entertainment law and practice, intellectual property law, in-house legal practice, and relationship between the bar and the bench, will be discussed.

    Akanbi said the Branch has partnered the NBA’s Institute of Continuing Legal Education to award professional credits to participants at the Law Week.

    Other activities lined up for the week include a visit to the Ikoyi/Kiriki Female Prisons by the Branch Executive Committee; a health management session;  a free legal clinic for the public; a novelty football match between members of the bar and judicial staff; an elder’s night, and a variety night/young lawyers gig.

    The week will end with a red carpet/black tie dinner on May 26 in honour of Chief Judge of Lagos, Justice Funmilayo Atilade, who will retire this year.

    It will be chaired by Chief Wole Olanipekun (SAN), with the sub-theme: Sustaining the bond between the bar and the bench – myths and realities.

    “The programme promises to be the first of its kind and we invite all members to kindly participate in all scheduled activities,” Akanbi said.

  • Alegeh: How to sustain democracy

    Strict adherence to the rule of law is one way to sustain democracy, former Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) has said.

    According to him, the absence of rule of law inevitably results in anarchy.

    One way the government can show respect for the rule of law is to obey court orders.

    Alegeh was the guest speaker at an event organised by the Law Students’ Association of the University of Nigeria, Enugu Campus.

    He said all interests – political, personal, economic,  religious and tribal – must yield to rule of law.

    He spoke on the topic: Politics, interest and rule of law: the equilibrium for sustainable democracy.

    He said democracy can only be sustained through a virile judiciary.

    “Democracy has been hailed as the preferred system of governance as it vests ultimate power in the people.

    “However the role of the judiciary is critical in ensuring that rule of law always prevails over all other interests whether political or economic.

    “The judicial authorities referred to in this paper show clearly that our judiciary has performed its functions creditably in several of the cases that came before our courts.

    “However, the judiciary still have sufficient room for improvement and can still up its game and become more efficient, time conscious and make its Court rules more friendly to ensure that there’s access to justice and speedy resolution of disputes.

    “The exercise of state power must be be done fairly and in conformity with laid down constitutional and lawful procedures.

    “Procedural guidelines for prosecution of crime must be complied with to avoid allegations of human rights abuse and lack of fair hearing.

    “Orders of court must be obeyed and complied with to the latter,” he said.

    Alegeh said agencies of government must act in conformity with laid down procedures and within the dictates of the law.

    Doing so, he said, will give legal protection and cover to actions taken in the exercise of political powers and the enforcement of laws.

    “Our representatives in government should focus in the discharge of their official duties in the best interest of Nigeria and Nigerians.

    “Political parties should leave governance for elected officials and not overwhelm them with unreasonable demands and requests.

    “This will ensure the timeous implementation of governmental policies and programmes for the betterment of the general public.

    “We must all as Nigerians play our roles in ensuring that rule of law always prevails and is never compromised for political and personal interest; for it is only then that we can guarantee our collective enjoyment of true democratic dividends,” he said.

    Alegeh, a Fellow of the Chattered Institute of Arbitrators, United Kingdom, hailed the ongoing fight against corruption by the Muhammadu Buhari administration.

    He said democracy thrives where rule of law supercedes personal interests and politics.

    Alegeh cited some instances in which the rule of law prevailed, such as the conflict between the Federal Government and Lagos State over the creation of local government areas, which resulted in the withholding allocations to the state; the impeachment of Oyo State Governor Rasheed Ladoja following his misunderstanding with his then political godfather, and the controversy that trailed the emergence of Senator Ifeanyi Ararume as candidate of the Peoples Democratic Party (PDP) for the governorship of Imo State in 2007.

    He also referred to the court-ordered inauguration of Rotimi Amaechi as Rivers State Governor following the issues that arose in the PDP governorship primary; the tension that arose following the death of former President Umaru Yar’Adua, the defeat of President Good luck Jonathan in the 2015 election, among others.

    He said though there were interplay of politics and personal interests, the rule of law triumphed in most of the cases.

    To Alegeh, the suspension of the Secretary to the Government of the Federation,  Babachir Lawal and the National Intelligence Agency (NIA) Director-General Ayodele Oke, is an example of political and personal interests yielding to rule of law.

    Therefore, it is a healthy development and a good omen for the country, as it shows there is hope for the democracy and rule of law, he said.