The Nation Newspaper

Category: Law

  • Court frees Indian brothers of contempt

    The Federal High Court in Lagos has discharged three Indian brothers Chandru Ganglani, Bharat Ganglani and Trishul Ganglani from an alleged contempt charge.

    They were committed to prison custody for one month for disobedience of court order.

    Justice John Tsoho also set aside the committal order.

    The three are directors of Sacvin Nigeria Limited.

    The judge discharged them after hearing their application/motion on notice in which they stated that they had purged themselves of the contempt.

    According to them, they purged themselves of the contempt following an amicable resolution of the suit between VIK Industries Limited and Sacvin Nigeria Limited.

    The terms of settlement dated March 26, 2012 was executed and adopted as the judgement of the court in the  suit.

    The application was moved by the contemnors/applicants’ counsel Bernie Azu Otukam-Iyama.

    He prayed for an order of the court to discharging the contemnors/applicants from the committal order of the court made on March 19, 2012.

    He also sought an order setting aside the same committal order made by the court on same date, which committed his clients for civil contempt as the directors and alta ego of the defendant/ applicant (Sacvin Nigeria Limited).

    After hearing the application as moved by the counsel representing the applicants, which was not opposed by the respondents, Justice Tsoho granted the it as prayed.

    The application was brought pursuant to Order X, Rule 20 of Judgement (Enforcement) Rules Cap S.6 Laws of the Federation of Nigeria 2010.

    The judge said having purged themselves of contempt less than seven days of the committal order, they were entitled to be discharged order and that it should be set aside.

    He said the order made by the court on March 19, 2012 was to the effect that the three respondents be committed to prison custody until they purged themselves of the contempt.

    “Since evidence is furnished of their having purged themselves of the contempt, this application which is not opposed is granted as prayed and orders accordingly,” the judge ruled.

    The applicants had through their counsel averred that they are directors of Sacvin Nigeria while the third contemnor/applicant was never a director of the defendant/applicant company.

    It was also stated that following the committal of the applicants to prison, there was meeting of the parties to reach an amicable resolution of the substantive case which culminated in the filling of terms of settlement dated March 26, 2012.

    Upon an application of same date, judgment was entered on terms reached by the parties and the contemnors/applicants were released from prison custody on the same March 26, 2012 without a formal order of the court discharging them from the committal order.

    They submitted that it is necessary to have the contemnors/applicants discharged properly from the committal order of the court.

    They contended that the court order discharging the applicants is necessary because since the committal, they had been refused travel visas and opening of foreign accounts which also adversely affected and disrupted their individual private lives.

    They further argued that since the suit had long been resolved and settled out of court, it was, therefore, necessary that the committal order be set aside by the court in the light of reconciliation of the parties.

    The applicants contended that they were entitled to be discharged from the committal order and same set aside in view of the fact that the parties had resolved and settled the issues between them amicably.

    The three Indian brothers were committed to prison custody for one month on March 19, 2012 by Justice Tsoho for disobedience to court order.

    They were said to have disregarded a court order restraining them from producing and marketing plastic products using Sacvin Nigeria Limited logo, pending the final determination of the subsisting suit instituted against their company by VIK Industries Limited.

  • Court to hear ex-employee’s suit against bank March 24

    •’We don’t owe him any obligation’

    The National Industrial Court (NIC) Lagos will on March 24 hear a suit filed by a fomer employee of Ecobank Nigeria Limited against the bank .

    Gbite Mathew Adegoke  sued for alleged wrongful termination of his employment.

    He is claiming N1.2 billion as damages and special damages having suffered near paralysis in the line of duty.

    The bank has, however, denied owing him any duty of care save what is established in his contractual employment.

    Adegoke, through his lawyer, Jiti Ogunye,  said he was employed by Oceanic Bank on April 11, 2006 as a Manager and was the pioneer Ota, Ogun State, branch manager.

    He said due to hard work, he was promoted as a Regional Manager in 2007 and redeployed to Oyo as Regional Manager, Western Zone 1. On May 26, 2008, he was deployed to the Western Zone Region 6.

    He said he was responsible for opening up the bank in the Western Zone, particularly in the in the rural areas.

    According to him, ee assisted the bank in opening more than 10 branches.

    One the branches he opened that really benefitted the bank is the Canaanland branch.

    Canaanland is the headquarters of the Living Faith Church (Winners Chapel) where he grew the balance sheet consistently from a paltry N1.2 billion to N21 billion.

    He said he received a letter of commendation from the bank’s Managing Director.

    Trouble however, started on July 11, 2009, while on a trip to Lagos for an official meeting.

    He said he encountered armed robbers on Lagos- Ibadan Expressway.

    The robbers, he claimed, shot at him and their bullets penetrated his spinal cord, rendering him a near total paralysis. This, he said, was before Ecobank took over Oceanic Bank in a merger.

    The management of Oceanic bank immediately took responsibility by transferring him from the University of Ibadan College Hospital to Lagoon Hospital, Lagos.

    At Lagoon, doctors battled for five hours to save his life.

    Bullets were extracted from his body while the doctors also were able to extract the lone bullet that was lodged in its spinal cord.

    All the expenses were borne by  Oceanic Bank, he said.

    Immediately after he was stabilised, the bank flew him to South Africa for  better treatment.

    It was in South Africa that it was discovered that the bullet lodged in his spine had affected the nerves that controls his movement.

    He was in a South African Hospital for five months where doctors battled day and night to save him from total paralysis and restore the use of his legs.

    It was while in South Africa that the Central Bank of Nigeria (CBN) announced the takeover of Oceanic Bank and subsequent merger with Ecobank.

    Adegoke said while in the hospital bed in South Africa, his salaries were paid in full for three months (July – September 2009), reduced by 50 per cent from October- December 2009, and between January- April 2010, his salaries were stopped, leaving him and his family at the mercy of friends and relations.

    Since he could no longer undertake even small personal chores, he had to rely on his wife, who had to abandon her trade to take care of him.

    When he reported back to work, he was asked to proceed on suspension on the account of a cheque that was returned while he was in hospital in South Africa.

    He said the Human Resources Department of Ecobank did not recall him until February 5, 2010 after thorough investigations into circumstances that led to the suspension. The bank rescinded its decision. He was then directed to resume work as the Branch Manager of Canaanland Branch on March 29, 2010.

    Adegoke said despite his health conditions, he he was again promoted as the Area Manager of the bank in August 2012.

    “The balance sheet then was N13 billion, but he also grew same between January and October 2013 from N14 Billion to N21 billion and this feat earned him the Managing Director’s letter of commendation and a notch increase in January 2014,” he averred.

    He said it was in this same year that his victimidation by the bank started.

    He was queried by the Regional Manager, Mr Samuel Afonja for losing a business to a competitor. The business he allegedly lost was on the account of Covenant University which opened its own Microfinance Bank and placed its funds there rather than Ecobank.

    The bank was not happy the he could not use his closeness to the leadership of the Living Faith Church to swing the business to the bank. He was stressed to the extent that his doctors had to recommend a two day sick leave for him to attend to his health which had deteriorated again.

    After the two days, he applied for his annual leave to enable him take care of his health. The  leave was not approved for more than two weeks.

    He nominated the most senior branch manager under him to act on his behalf and proceeded on leave.

    The Executive Director, Mr Kingsley Aigbkhaevbo called him up angrily rebuking his proceeding on leave. He had to force himself back to work.

    Accoding to him, on November 19, 2004, he was redeployed to Canaanland and downgraded back to the position of Branch Manager and was forced to accept the downgrading before his leave was approved.

    Sensing that he was being  set up for termination of his appointment, he caused his lawyer to write a petition over his unfair treatment and programmed termination of employment. The letter was dated December 16, 2014. The bank replied the letter on January 6, 2015 but did not address the issues he complained of.

    On January 21, 2015, Ogunye again wrote another letter over his demotion, unfair treatment, and programmed termination of employment. By February 2015, the bank carried out a restructuring and after, he was not assigned any office until January 6, 2016 when his appointment was terminated.

    Not satisfied with the termination, the defendant approached the court seeking the award of special and general damages of N1.2 billon from the bank.

    However, in the defence filed by the bank’s lawyer, Chief Anthony Idigbe (SAN), the bank refuted Adegoke’s claim.

    “After the restructure of her workforce, the claimant was deemed surplus to requirements and was subsequently issued a letter of termination of employment dated January 4, 2016.

    “The defendant was never pushed out of employment, forced out in a precarious health condition, rendered unemployable and demoralised.

    “Rather, in order to restructure her workforce, the contract of employment for some staff was determined and the claimant’s employment was terminated,” the bank said.

  • ‘Lawyers mustn’t aid corruption’

    ‘Lawyers mustn’t aid corruption’

    Until last week, Charles Adeogun-Phillips represented the Federal Government in the trial of Supreme Court Justice Sylvester Ngwuta. His sudden withdrawal from the case has been subject of media speculations. But he declines to speak on the issue for the sake of client-counsel relationship. At 35 in March 2001, Adeogun-Phillips was appointed a senior trial attorney and lead counsel at the United Nations International Criminal Tribunal for Rwanda, leading teams of international lawyers in the prosecution of persons involved in the 1994 Rwandan genocide in which about 800,000 civilians were killed. In this interview with Senior Correspondent JOSEPH JIBUEZE, he speaks on the anti-corruption war, appointment of Chief Justice of Nigeria, judicial reforms, why there is low conviction in high profile cases, Southern Kaduna killings and genocide.

    From your experience from multiple jurisdictions, could you highlight the areas of criminal justice administration that need urgent reform?

    As stakeholders in the administration of justice system, I guess the first question we should ask ourselves is: who is best placed to superintend over the proper administration of a court? We need to employ proper court administrators who do not have to be lawyers, but who are experienced at running institutions. Essentially, we need to introduce a central case management system that runs across the courts. More importantly, there is a need to create more judges.  In England & Wales, they have a system of hiring part-time judges from the Bar, who are called Recorders. This category of judges can be tasked to undertake a certain level of cases leaving full-time High Court judges to take control of the heavier caseload. That said, there is a need to improve the quality of judges. They should consider appointing some of them who have distinguished themselves in their careers in legal practice.

    Cases that are set down for trial should be given realistic length of trial estimates and then all trials should run on consecutive days until the conclusion of the evidence. Timetables can then be set for closing addresses and the judgment of the court. I have often wondered why a judge would be required to read an entire judgment in court, instead of a summary of the said judgment following which certified copies of the said judgment could be distributed to the parties thereafter. An average judgment in a case before an international court is typically approximately 400 pages. I cannot imagine any judge in those courts having to read the entire text in a hearing; it is simply a waste of time and resources. The same should be done with interlocutory rulings.

    In addition, I have always wondered why I, as a party in a case, have to apply for a copy of the judgment in my own case. Doesn’t that go without saying? I see no reason why that should be necessary. The fees for obtaining a certified copy of a judgment can be charged by the court upfront when the filing of the court processes occur and the judgment should be delivered in summary and copies given to the parties right there in the court. This would save valuable time.

    What other observations have you?

    Another major challenge I have in litigating cases in this jurisdiction is the inability of judges to observe the demeanour of witnesses who testify before them because they are busy recording the proceedings by hand. This is further compounded by the fact that there are no video recordings of court proceedings which the judges could refer to if necessary to observe the demeanour of the witnesses that appeared in the case. In that regard, courts should be equipped with court reporters and/or a transcription service to allow judges take their own notes only when necessary.  This would speed up trials and court proceedings and would also create a new cadre of court professionals known as judicial or court reporters, who could either be internally sourced or outsourced to companies that can provide the service. The cost will be borne by the parties who could apply for such transcripts at a reasonable cost.

    Another aspect that I have found strange in this jurisdiction is that judges would, on their own, seek to re-schedule cases where the parties have not turned up in court and have not provided any prior written communication to the court for their absence. Such cases should simply be struck out but without prejudice to the parties to reinstate them at their own cost. This will help unclog the court docket.

    What role should lawyers play?

    Lawyers representing parties in criminal matters should be required to: (i) set out the issues in the cases; (ii) Anything that is not in issue should (if absolutely necessary) be put into written admissions that are agreed by both sides; (iii) the defence should, following a prosecution case summary, submit a defence case statement setting out in broad terms what the accused persons defence to the charge is and what parts of a witness statement is challenged.   Lawyers should be discouraged from raising points of law that have absolutely no merit and are merely used as a way of delaying trials – points of law should be raised and adjudicated on were possible before the trial commences.

    You were among lawyers leading President Muhammadu Buhari’s anti-corruption fight. How can the war against corruption be won?

    There are broadly two kinds of corruption – that driven by greed and that driven by need.  For an effective war against each of these forms of corruption, different measures will be required.  For acts of corruption driven by greed, which is more limited in occurrence, there should not be untouchables. This will serve the dual purpose of setting a clear sense of purpose, and deterring future conduct.

    To fight corruption driven by need, there must be a clear sense of purpose. In that regard, the government must provide basic amenities and satisfy basic necessities of life, including jobs, education, health, infrastructure and others. There must be a zero tolerance for corruption and they must prosecute the people who are arrested for alleged acts of corruption, without fear or favour.  There has to be a genuine intention to deal with the war against corruption from the government – the critical players in the war – the Federal Attorney General and his colleagues at the Ministry of Justice, the Judiciary and the Bar have to sing from the same hymn sheet.

    Once the case has been handed to a prosecuting team to prosecute on behalf of the Federal Government then such a case must be devoid of interference from the Ministry of Justice and/or the Government itself. Above all, the law enforcement agencies or institutions need to be cleansed of any bad eggs that are found to exist therein. That said, there is also need for financial and other incentives to encourage those therein that are seen to have performed well.

    How do you assess prosecutors preparation of cases?

    Their preparation of cases has its shortcomings. It is important that a prosecutor understands all the facts of his case and has the ability to present them in a clear and logical sequence so the court can follow it. Issues of disclosure are not dealt with in the way that one would expect ­— such issues are fundamental to the fairness of any proceedings — where there is evidence in the prosecution’s possession that undermines its case against the accused that information must be disclosed to the accused’s team.  At the Magistrate’s Court level the police are the prosecutors and do not have the knowledge and/or training to be a prosecutor. They are not governed by the rules of professional conduct.

    What makes a great prosecutor?

    Prosecuting is much like designing a house. You have to be able to conceive and design a strategy. That strategy must be fit for the purpose. It must be realistic, yet focused. A great prosecutor does not need many counts in a charge to prove his or her case. A great prosecutor does not embark on a fishing expedition. A great prosecutor does not ambush his opponent and must be confident enough to lay his or her case against the defendant out right from the onset. A great prosecutor is one who knows when to quit if he has no credible evidence. A great prosecutor has respect for the rule of law, fair trial and human rights of the defendant.

    Why do you think the rate of conviction in high profile cases is low?

    A combination of factors really. I believe that vested interests and corruption play a major part in this regard. Legally, the prosecution of complex “white-collar” crime require some sophistication, commercial or business acumen, exposure and skill.  As a prosecutor you must always remember that your case is only as good as your evidence. And you need proper investigations in order to generate sound evidence capable of assisting you in discharging the burden of proof which, only you, as a prosecutor, must carry.  As a prosecutor or investigator you must also understand that you cannot build cases based on or around your emotions, suspicion or even intuition that a crime has been committed. You build criminal cases based on evidence and sound evidence at that. As a prosecutor you are not allowed to shift the burden of proof on the defendant to show why he or she is not guilty of the crime you have charged.  The defendant has no burden to discharge.

    In dealing with corruption cases which are a type of “white-collar” crime, as an investigator or prosecutor, you simply cannot apply the same technique that you apply in dealing with common criminals to an individual charged with a “white-collar” or financial crime. These cases involve professionals who are accomplished in their own right, such as accountants, lawyers, businessmen, bankers and high-level government administrators. But those who investigate these crimes, through no fault of theirs, do not possess sophisticated personal or professional attributes and so they are easily out-manoeuvred by the defendants who are able to retain some of the most-experienced and skilled professionals to represent them.

    How equipped are law enforcement agencies?

    I am appalled at the conditions in which some of my colleagues in law enforcement agencies work. They have little or no facilities to carry out their functions. There are no proper interview rooms, talk less of the ability for the investigators to obtain a contemporaneous record of what is being said at the interview, either by way of audio or video recording. All you have are these confessional statements which are obtained in the most cohesive of circumstances. That is extremely dangerous when you are confronted with a defence counsel who is experienced at dealing with evidential issues. And that is chiefly why these cases fail and not because prosecutors or investigators have been compromised as is being widely and unfairly speculated. They are way too open to challenges by the defence and I will know, after all I have acted on both sides of the divide – prosecution and defence. The time has come when there must be at least audio recording of interviews. Of course, video recordings would be better.

    Finally, as I have always said, the prosecutor should lead the investigator and not the other way round. What you currently find is that the investigators work in isolation and then dump the case file on the prosecutor when they are done and expect him or her to proceed to trial. To achieve water-tight cases, you need a prosecutor, who is aware of what he needs to prove at trial to direct you the investigator. This way you are able to provide him with the evidence he or she needs to discharge the burden of proving the case – a burden which can never be shifted on to the defendant to prove his or her innocence, as is often the case here.

    Do the Southern Kaduna killings qualify as genocide, and when should the International Criminal Court intervene?

    The answer to this question can take an entire day and ought to be the subject of a separate interview. The simple answer is that, it does not. It is extremely difficult to prove the crime of genocide which is often referred to as the: “crime of crimes”.  The essential elements of this crime are extremely academic and technical.  In short, you have to be able to demonstrate to the Court, that in perpetrating the killings, the perpetrator possessed what is referred to as a “genocidal intent” – that is – the intention on the part of that individual perpetrator, to act as part of a larger widespread, systematic and sustained attack designed to destroy, in whole or in part, members of a national, ethnic, racial or religious group.

    So in order words, a single act of killing an individual can constitute genocide, provided you can demonstrate that it was done as part of a wider genocidal plan to destroy the members of any of the groups.

    Therefore, an isolated mindless explosion of communal hatred in a particular locality such as that which occurred in Southern Kaduna cannot constitute genocide, as it has to be a lot more targeted at a particular group and its occurrence must be wider in scope.  In addition, given the magnitude of such crimes, it is virtually impossible for genocide to be committed without some direct or indirect involvement on the part of the State – as in, the central government authority and you are required to prove that also.

    And, yes, the ICC can intervene. First by way of a preliminary fact finding enquiry and later by a formal referral either by Nigeria itself in its capacity as a State Party to the Rome Statue of the ICC or at the instance of the ICC Prosecutor herself. In very limited circumstances, the referral can also be by way a Resolution of the UN Security Council, pursuant to its powers under Chapter VII of the UN Charter.

    What, in your view, fuels genocide? Is Nigeria at risk?

    Deep ethnic and/or religious division. Every country can be at risk of this. Remember I was also involved in the prosecutions following the conflict in the former Yugoslavia which was more of a religious than an ethnic conflict. In contrast that of Rwanda was purely ethnic, whilst that of Sierra Leone was largely political.

    As a former genocide and war crimes prosecutor,  could you share with us your most challenging experience?

    My first was in 1999, when I had to make a decision whether or not to present as a key witness in my case a lady who was a victim of multiple rapes, had lost her entire family and who, having re-married several years thereafter, had started to rebuild her life, but had concealed from her new husband, the fact that she had been raped during the genocide, for fear of the cultural stigma and shame it would bring.

    At one of my pre-trial meetings with her, this lady wanted me to guarantee her that if she agreed to testify in my case, her husband would not find out about that aspect of her testimony in court through the media. Although I could have applied to the court for stringent witness protection measures to be imposed which would have sought to conceal her identity, I had to choose between my role as a prosecutor who needed to prove his case against the defendant, and my role as a human being who was holding the future of this woman, who had managed to rebuild her life in my hands. Humanity prevailed and sadly, I had to drop her as a key witness in my case.

    My second was one which not only challenged me professionally, but also my faith as a Christian.  In 2001, I was appointed by my then boss, Ms. Carla Del Ponte, the Chief UN Prosecutor and former Attorney-General of Switzerland, to lead the joint trial of the first member of the Clergy ever to be convicted in the world of the crime of genocide by an International Court.  It was the joint trial of Pastor Elizaphan Ntakirutimana and his son, Dr Gérard Ntakirutimana who after a yearlong trial, were convicted for luring and participating in the massacre of over 5,000 fellow Adventist men, women and children who sought refuge at the Seventh Day Adventist Church and hospital Complex in Rwanda. That trial later became the subject of the book written by famed and award winning American journalist, Philip Gourevitch entitled “We wish to inform you that tomorrow we will be killed with our families” It was professionally challenging because I was barely 35 years old and with just a little over 10 years post call experience at the bar.

    What would you likely have been if you were not a lawyer? And how did you end up being a lawyer?

    As a young boy, I wanted to be a pilot because I wanted to travel the world but then, I was hopeless at Physics. At 16, while at school in England, I formed a Reggae band with my friend and fellow classmate, Ibrahim Dikko, who is now a Director at Etisalat and I was certain at the time that I wanted to pursue a career in music.  I recall that Ibrahim was a lot more certain that he wanted to study law and when the time came for us to complete our application forms for university places, he entered law as his first choice and I guess I just followed suit.  I eventually ended up at Warwick University studying law but I will have you know that my worst subject at university was criminal law because I didn’t understand it. I recall that I even failed the criminal procedure course at the Nigerian Law School.  It is therefore ironic that I ended up as an international criminal lawyer.

    Why did you withdraw from the prosecution of Justice Sylvester Ngwuta?

    I was waiting for that question. However, I have consistently refrained from making any public statements in this regard to preserve Lawyer-Client Privilege – (that is between myself and the Federal Government of Nigeria) and of equal importance, so as not to prejudice the ongoing high profile corruption trials in which I have played an integral part. This is a professional obligation which I feel I owe to them as my clients and which I am duty bound to uphold.  That said, I am also all too aware that my failure to speak on the issue may have given rise to great speculation in the media and the public at large as to the reasons that may have led to this decision as I have read in some of the reports out there.  I regret that I am unable to say anything more on this issue as to do so would be ethically incorrect. I will, however, remain grateful to Justice Tsoho and Chief Kanu Agabi (SAN) for their kind and generous words of encouragement having heard news of my withdrawal from the case. Frankly, I literally found myself struggling to retain my composure in court that morning as I sat listening to Chief Agabi (SAN), who I had opposed in court so vigorously for over three months, saying those kind things about me. Thankfully, that is all in the past now.

    What role can lawyers play in curbing judicial corruption?

    Are you trying to set me up? Well, in my view, we must strive to resist the temptation of acting as deliberate conduits to aid judicial corruption. Having said that, a clear distinction must be drawn between those guilty of committing the outright crime of aiding or offering gratification to judicial officers in order to influence the outcome of a matter before them and those whose lack of proper judgement in giving an innocent gift, amounts to a professional misconduct. This is where the need for proper ethics and regulation in our profession comes in.

    Do you support the idea that a CJN can be appointed from outside the Supreme Court?

    Yes, I do. The late Justice Taslim Olawale Elias is a good example of that fact.

    You mentioned the need to discourage lawyers from filing frivolous applications. Are you satisfied with the cost system? Is it deterrent enough?

    No, I am not. If it costs a defendant defending him or herself against a frivolous action brought by a claimant N1million in fees to enable his or her lawyer to defend the action, it cannot be said to be a deterrent to such frivolous claims when costs of only N50,000 are awarded to the opposing party. Surely, that cannot be right.

     Do you remember your first day in court? What was it like? 

    Yes, I do. It was before a Magistrate Court in London, defending someone charged with a drink driving offence. I waffled so much my client was banned from driving for five years. At the time I was working for an outstanding Nigerian lawyer, Mr. Ned Nwoko. We were the largest black law firm in the City of London and I was a foundation staff member at the firm. Ned challenged me a lot. He enhanced and developed my interest in criminal law and I owe a lot of my success as a criminal lawyer to his tutelage.

    Why do some corruption cases still drag despite the ACJAs provisions for daily trials and no stay of proceedings? How can the law be better enforced? 

    The ACJA is a relatively new piece of legislation­­­ and it will take   time for the relevant stakeholders in the criminal justice system to change their old ways. I have great faith that the system will improve with time. The fast pace at which Justice Okeke of the High Court of the FCT is proceeding with the Ademola joint trial is a case in point. I think he has heard about 12 witnesses over about nine sitting days. That is an excellent achievement and an indication that things can improve and progress rapidly.

  • How to achieve efficient justice system, by experts

    How to achieve efficient justice system, by experts

    For two days, legal experts gathered in Lagos to chart a path for the judiciary. It was at the Stakeholders’ Summit on Administration of Justice, organised by the Lagos State Ministry of Justice. JOSEPH JIBUEZE reports.

    The judiciary is faced with multiple challenges that slow down the wheel of justice. But most of them, according to Acting President Yemi Osinbajo (SAN), are “self-inflicted”.

    Solving them should begin with a change in attitude by stakeholders, he said.

    Osinbajo, represented by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN), was the keynote speaker at a two-day Stakeholders’ Summit on Administration of Justice organised by the Lagos State Ministry of Justice.

    The theme was: Contemporary trends: Catalysts for justice sector reform in Lagos State.

    It brought together justices, judges, academics, and others. The sessions were chaired by Justice Oluotun Adefope-Okojie and Wale Abiru both of the Court of Appeal, former AGF Bayo Ojo (SAN) and Prof Taiwo Osipitan (SAN).

    Speakers included Justice Olubunmi Oyewole of the Court of Appeal, a Life Bencher, Hairat Balogun, former Nigerian Bar Association (NBA) President Wole Olanipekun (SAN) and Kemi Pinheiro (SAN).

    There were 24 panelists, made up of legal experts and other justice sector stakeholders. The organisers vowed not to make it just another talk shop.

     

    Wanted: Attitudinal change

     

    Osinbajo said findings by an NGO which deployed volunteers to observe court proceedings in Abuja and Kano State between last October and November “support the viewpoint that the problem of delay in our justice system is mostly self-inflicted.”

    Most judges in both locations, he said, started their days almost an hour late and sat for an average of three hours and 11 minutes, covering only 62 per cent of cases listed during the period.

    “For example, they found that judges in both locations did not sit 33 per cent of the occasions they were meant to do so. And what were the reasons for the absences? Official trips, conferences and meetings,” Osinbajo said.

    He said the main causes of excessive delays include deliberate ploy by parties to delay cases, requests for unnecessary adjournments, interlocutory applications to protract proceedings and absence of defendants, witnesses or lawyers.

    “This suggests that the stakeholders in the justice sector are mostly responsible for the problem of delay in the administration of justice ,” Osinbajo said.

    He said a faulty criminal justice system also explains why there is only 20,357 convicts in Nigerian prisons of a population of 170 million.

    He said a typical criminal matter is poorly investigated due to poor forensic infrastructure, poorly trained police personnel, corruption and lack of public confidence in the police.

    The result, according to him, is that several high-profile cases remain unsolved with few perpetrators apprehended.

    He recommended day-to-day system for trials as well as “significant costs for delay occasioned by lateness, ill-preparedness or the deliberate tactics aimed at stalling a case”

    Osinbajo added: “If we can agree that these problems are against our collective interests as practitioners and stakeholders, then we must make firm commitment to tackle the problems by changing our attitudes and standing up for what is right.”

    Acting Chief Justice of Nigeria (CJN) Walter Onnoghen, represented by Justice Clara Bata-Ogunbiyi of the Supreme Court, said obsolete laws should be amended.

    “The laws that regulate society must constantly change or they become obsolete. We have such obsolete laws in our legal system today,” he said.

    Chief Judge of Lagos, Olufunmilayo Atilade, said access to quick and timely justice attracts foreign investment.

    “We must learn from what obtains in other jurisdictions, evaluate where we are, and be better able to chart a new course for justice,” she said.

     

    Amend the Constitution

     

    Prof Osipitan said investors would be attracted if they know that criminals would be apprehended and prosecuted.

    He, however, said success may not be achieved until the Constitution is amended.

    “Unless you amend specific provisions of the Constitution, most of the law reforms won’t have effect,” he said.

    For instance, he said the provisions in the Administration of Criminal Justice Act (ACJA) 2015 for speedy trial “may not stand the test of time” if Section 36 (4) of the Constitution, which guarantees fair hearing, is not amended.

    “There will be challenges of implementation without constitutional amendment,” he said.

    Justice Oyewole called for better case management by judges, such as pre-trial conferences in criminal trials.

    He said there was no reason to adjourn for bail hearing when both parties could agree ahead on the terms.

    He also wants a witness protection programme to be introduced, as well as admitting evidence of a witness that cannot be physically brought to the courtroom.

    Oyewole said where a judge is elevated to the appellate court before he concludes a trial, such a judge should be given special dispensation to conclude it before leaving.

    This will prevent trial de-novo before another judge, in which the case starts all over, he said.

    Olanipekun urged the government to help decongest the courts by conceding to some cases filed by “ordinary citizens” and settling out of court with the parties.

    Former Permanent Secretary in the Ministry of Justice, Lawal Pedro (SAN), said the judiciary support staff needs adequate training because they are crucial to the administration of justice.

    He said the e-filing introduced by the High Court encourages corruption because the officials who man the machines are perhaps not specialists.

    Pedro urged judges, registrars and other support staff to realise that “there is a soul behind every file”.

    “Don’t treat a file before you like a piece of paper. Don’t wait for counsel to come and shake hands before things are done,” he said.

    He said the judiciary should be run like a business, adding that where people are paid whether they did their jobs or not should stop.

    “Retrain the ‘retrainables’ and let those who cannot be trained go,” he said.

    To achieve speedier justice, he said cases should be assigned as early as possible and automatically.

    He also called for the creation of a Police Enforcement Unit in the court that is answerable to the CJ so that enforcement of judgments will be easier.

    A Senior Advocate of Nigeria, Paul Ananaba, recommended minimum certificate programs for support staff.

    Another SAN, Mike Igbokwe, said lawyers should be informed whenever a court would not sit to prevent their having to travel long distances.

    Dele Adesina (SAN) said the 42 days provided for filing of defence was too long and should be reduced to 15 days.

    He also wants personal liability of counsel to be enforced in situations of deliberate delays.

     

    Revamp the probate

    system

     

    Activist-lawyer Femi Falana (SAN) said a situation where the processing of a letter of administration takes three years multiplies the problems of the bereaved.

    He urged judges to make the rules work by enforcing them against every lawyer, even SANs, who he said “make shakara in court”.

    Falana expressed hope that the days when government disobeyed court orders would soon be a thing of the past.

    “If you make your law and you don’t follow them, what do you expect of others?” he asked.

    The lawyer faulted the alleged increase in the cost of filing suits at the Lagos State High Court.

    He said the hike was illegal for restricting constitutionally guaranteed access to justice for the poor.

    He said: “My Lady the Chief Judge of Lagos State, maybe because of recession and the need to make money for the judiciary, has just hiked through a practice direction, the filing fees beyond the reach of the common man.

    “Sometimes, you now pay more than N1million to file a writ of summons; while you may even pay up to N50,000 to collect the CTC (Certified True Copy) of a judgment.

    “This practice direction is illegal, because the constitution has guaranteed unrestricted access to justice.”

    Falana also faulted the mode of appointment of judges, alleging it was discriminatory against non-Lagosians and not transparent enough.

    He urged Lagos to abolish the death penalty because no governor has signed a death warrant since 1999.

     

    Lessons from abroad

     

    Head of Pump Court Chambers, London, Oba Nsugbe (QC, SAN), said in the United Kingdom, each lawsuit has a Case Progression Officer who tracks a case, contacts parties to ascertain their readiness before trial begins, among others.

    Former international prosecutor Charles Adeogun-Phillips said there is no need for judges to read entire judgments upon conclusion of cases.

    He said they could save time by reading a summary while lawyers apply for certified true copies of the verdicts which ought to be ready the same day.

    He said courts should also have a robing room where lawyers can relax and wait for their cases, rather than sitting in court for hours listening to others’ cases.

    On day-to-day trial, he said: “The time might come when certain courts have to be set aside so that the day-to-day provision can be achieved.”

     

    Resolutions

     

    A communiqué was issued at the end of the summit. The draft communiqué reads in part: “It is indeed desirable for the state to have a fully automated judiciary. Provision should be made for the forfeiture of recognisance, and that the procedure for this process should be explicitly stated to guide not only the judges and legal practitioners but  litigants as well.

    “Speakers recommended the setting up of a National Witness Support programme as well as Video-conferencing to provide for the admission of evidence of witnesses not physically available within the court environment.

    “There is an urgent need to grant dispensation to judges who are elevated to the higher bench to complete part-heard cases instead of cases being heard de novo (afresh).  Establishment of a Sentencing Council that would periodically spell out guidelines for judges and magistrates.

    “There is an urgent need to remove the ambiguity provided in the Child Rights’ Law relating to the exclusive jurisdiction for the trial of the Child Offender and that the procedure should be clearly laid out for in the law.

    “The fusion of the prosecutorial and investigative powers in one Agency such as the EFCC would enhance criminal prosecution in the country.”

    The communique said the Summit also emphasised the importance of forensic and particularly DNA evidence to ensure that innocent suspects were exonerated while the guilty are punished.

    It added: “That the state government should make the pathetic state of prisons in the state a national agenda deserving of being pushed to the front burner of the meeting of the National Council of States.  The state should lead a dialogue on the desirability of having State Police in the country.

    “That it has become absolutely necessary to formulate and clearly define compulsory performance indicators for the Criminal Justice Sector. Day to day trials should be encouraged in all courts in the state. The system should as much as possible discourage trial-within-trial.”

  • ‘Why convicted rapists don’t get life sentence’

    ‘Why convicted rapists don’t get life sentence’

    Mrs Titilola Vivour-Adeniyi, a lawyer in the Lagos State Ministry of Justice, is Co-ordinator of the Domestic and Sexual Violence Response Team (DSVRT), which is campaigning against sexual violence and getting justice for victims. In this interview with ADEBISI ONANUGA, she speaks on the team’s activities, why convicted rapists did not get life jail and sundry issues

    Why Domestic and Sexual Violence Response Team (DSVRT)?

    The team was established to enhance victims’ safety and offenders’ responsibility by providing a cross-jurisdictional response in the manner this kind of cases – domestic violence, rape, child abuse, maltreatment and neglect – are handled.  We felt that it was important for most of the response agencies to have representatives and work as a team, respond as a team, to reduce duplication of efforts and leveraging resources, and speaking in one voice in addressing issues. Working together may not solve everything but if you are working at cross purposes, you are due for failure.

    Which organisations are in the team that made it strong legally?

    We have the Ministry of Justice, Office of the Public Defender (OPD), Directorate of Citizens Right (DCR), Directorate of Public Prosecution (DPP) under Ministry of Justice, Ministry of Women Affairs and Poverty Alleviation (MWAPA), Ministry of Youths and Social Development, Ministry of Education, Ministry of Health. We also have non-governmnental organisations (NGOs). We have Partnership for Justice, which manages the Mirabel Centre at the Lagos State University Teaching Hospital (LASUTH), Ikeja, State Accountability for Voice Initiative, Lagos State Gender Advocacy Team, Women’s Right and Health Project, Gender and Development Action. We also have the media on the team, especially Punch and Channels Television. But obviously we partner with other media houses, such as The Nation, The Guardian, Vanguard, and LTV.

    So, how has the journey been?

    We are going to be three in September and it’s been good, so far. We would say that we have been increasing awareness and the benefit of that is that we are getting more people speaking out. Which means a lot of people have been dying in silence, they didn’t know where to go to, they didn’t know who to talk to, they didn’t even know of the different services available. So, we are building that awareness and we are using advocacy to speak to people about their rights and inform them that these things are not normal. If a man is beating you, its not okay. If you see a neighbor beating a child to the extent that the child is bleeding, its not okay. If you see men gang-raping or who have gang-raped a particular girl, it is not okay. People are now more aware that these are vices and are criminal in nature.

    So, what have been the challenges?

    One of the challenges we are having has been resistance from the society. The society’s role is actually to protect and encourage people to seek justice but, sometimes, we see a situation where the society is trying to blame the victim and try to shield the perpetrator. That has to change.

    To what extent has culture affected your activities?

    Culture must give way to the law and that is why, when we engage traditional rulers and clerics, we inform them that as first responders, we may never get to hear some of the cases they handled. But what is important is that traditional rulers, religious clerics cannot handled criminal matters. Domestic violence and Rape are criminal allegations. Child abuse is also a criminal allegation. The same way that a pastor or traditional ruler should not handle murder, armed robbery, is the same way they should not handle  cases that are related to sexual and gender- based violence because of the conception they have that these are petty offences. It is sad that people still equate rape to stealing or petty stealing, things that they feel he (perpetrator) would change, or just give him a slap on the wrist, forgetting  that in Lagos State, rape, child defilement carries life imprisonment and you have people that were supposed to be respected, people in high places, covering up these alleges.

    Don’t you feel frustrated that we are yet to see the courts imposing the maximum sentence of  life imprisonment on convicted rapists as provided in the law on rape and related offences?

    For us in Lagos State, Section 258 of the law that provides life imprisonment for rape. But it may not be life imprisonment but it could up to it. What that basically means is that a judge can sentence up to life. A  judge  does not have to sentence for life. You must also not forget that it also depends on the circumstances of the case. It also depends on the evidence before the judge. The letters of the law comes alive when there is enough evidence to prosecute. We’ve had some  cases  where the child alleges to have been defiled or a girl alleges rape but the evidences does not disclose that there was defilement or there was penetration. May be evidence deduced or disclosed that there was  a sexual assault. There is no judge that can give life imprisonment  if there is no ingredient for the offence. That is an example as to why  I am saying this. We are yet to see a judgment of life imprisonment. Who knows, it may happen some day.

    So, how many cases have been reported to your team so far?

    Last year alone, we had over 450 cases in the office of the team. Those are cases of domestic violence, rape and sexual assault. Don’t forget that other agencies on the team and outside it are also handling these issues. The cases we handled require multi-disciplinary approach. So, if it is a case of domestic violence that we are handling, probably we have to facilitate the empowerment of the woman, if we need to arrest the man, ensure that the matter goes to court. Sometimes, if they have children, the child would  need to go to school, you need to provide psycho-socio support. That is what I meant by multi-disciplinary by approach. They are like high risk cases that we handled in DSVRT.

    How many convictions have you secured out of the many cases you took to court?

    Last year, we got three convictions. Two on child abuse and one on defilement,  a sentence of 14 years. That of the child abuse was for four years for each offence. Apart from the cases that we handled, from actual and physical clients that come in, we also monitor cases at the high court that the DPP is prosecuting made up of rape, defilement and sexual assault. Aside from our over 400 cases, we have over 300 that we are monitoring at the high courts and the magistrate courts.

    What would make a man to defile a small girl of less than two years like the case at Ori Okuta, Agric Area of Ikorodu?

    Because of issues like this , we conducted a study in prison facilities in Lagos and engaged these perpetrators. We partnered the Nigerian Prisons and we were able to engage over 140 inmates consisting of those serving at that time and those awaiting trials for sexual offences and related cases. Remarkably, what we found out was that 80.9 per cent of those inmates said they were abused as children. So, they became sexually active as children and they started abusing. So, this disclosed an abusing trend in their life. They were abused and they have started abusing others.  Obviously, there is a psychological aspect. They feel attracted to children, they had unhealthy relationships. Some said they didn’t have healthy relationships with their mates, so they found solace in children. Of course, we mustn’t forget that these days, familiarity brings contempt. You hear of cases where a mother or a father drops off a child with a neighbour, thinking that your neighbour has your best interest at heart. In the process, the neighbour grooms that child, gets so comfortable with the child and has his way with the child. So, we have these kinds of situation where they take advantage of children who ordinarily should be under the care of their parents. The major issue now is the culture of impunity. People are doing this thing and they think they would get away with it, even when the mother or father in the case of defilement matter is courageous enough to report. As I said, the society, the stigma, the way they turn it around as if it is a child play! You hear things like a child cannot sit in one place! Why should she go to that man’s place! She is the one that seduced the man! A two year old or five year old seducing a man of 40 years of age or more! So, the role of the society is very important.

    The police are members of your team. Yet, when victims get to police stations, they are asked questions that embarrass them like “did you seduce him, what kind of dress did you wear to his house …”

    I am not holding brief for the police but the perception has changed. I see a change in the Police in Lagos State. Currently, we have 11 Family Support Units (FSUs) of trained and dedicated officers who attend to these issues at Isokoko, Adeniji Adele, Ilupeju, Mushin, Ajah, Badagry, Ikorodu, Ketu, Alakuko and at Lagos State Police Command, they have a Gender Desk. At these stations, you have FSU officers that have training on how to treat these cases with empathy and professionalism that it deserves. Whether we like it or not, we would still need to use the police. It is the Police that would investigate. If we continue to castigate or antagonise the Police, it doesn’t solve the matter. What would be the best is that if you have a problem with a particular police station, report that station. They can escalate to the Area Commander or report to us. These FSUs have the power to request for a transfer of the file if we are not satisfied with the way a station is handling the matter.

    In the event of rape, what should the victim do first?

    The first thing after the assault is for the victim to present herself within 72 hours at a health facility. For us in Lagos State, we have the Primary Health Centres  (PHCs) at the community level. They were recently equipped with rape kits. We have 57 PHCs flagships that have rape kits and the doctors and health practitioners have been trained on how to medically examine a survival. In the rape kits, there is enough materials to assist in preservation of evidence. They are not just going to hospitals to preserve evidence but also to ensure that they are treated. If the survival of sexual assault presents herself or himself within 72 hours, that is the golden hour period. They would see what we call post-exposure prophylaxes, which reduce the chances of them contracting STIs, STDs and all that. A survivor presenting herslf within 72 hours is very important to us. The suspect can be gotten if the Police has enough information to work on. But the survivor needs to receive medical attention and assistance. Of course, there are other steps.The survivor needs to talk to relevant people. They need to receive psychosocial support. They need to know that it is not their fault, that they are not to blame. But the most important thing for us is to ensure that that person is arrested and ensure that prosecution takes place because that is one way of getting the power back to the survival. Most importantly, as a survivor of sexual assault, when I said you must present yourself within 72 hours as you are, you mustn’t take your bath because when you take a bath, you are washing away the evidence. Things like soiled panties and clothes, they can be taken and kept securely as evidence with the hope that they would be able to conduct forensic on the materials.

    In the event of attack, what do you think a girl can do to protect herself?

    There is no hard and fast route. There are different schools of thought. Some people feel you can act like you fainted or passed out. Some people say if you can excrete, that in the process of excretion, that may disgust the man, some said you should fight back. But don’t forget, that fighting back can even be a turn-on for some men. It would instigate them and spur them to want to commit the act. Some would say you should just submit. So, there is no hard or fast route to it. It depends on the peculiarity of the situation.

    While investigating or prosecuting sexual assaults, how do you feel when the victim says she is no longer interested?

    That is why DSVRT was established to ensure early engagement with the survivor. At the point a survivor comes forward to report, she has no idea of the process. It takes a minimum of six months to one year before a case of rape or defilement gets to the high court. So, literarily, the survivor’s life is on hold. One thing again is for the case to be assigned to the high court, another thing is for the case to be listed, it is another thing for trial to commence in earnest, it is another thing for the defendant to still be available. So, there are a lot of uncertainties. But if you are able to speak to the survivor in time,  and manage expectations, so that the survivor doesn’t go on thinking that tomorrow, this man is going to  be jailed. It doesn’t work that way. Justice would be gotten, but the process is slow.

    Have you ever had cases of domestic violence involving women beating their husbands?

    Yes, we have cases of male survivors, but not often. Last year, we had 13.

    How did you manage it?

    They are actually very straight forward. The female perpetrators actually did not dispute it that they were violent because the way we handled them. Most  male clients do not want the relationship to come to an end. So, at that point our work is to assist the couple. This is where psychosocial support comes in again, with behavioural therapy, forgiveness, how do we move on? If I want to express my anger, can’t I do it without beating; can’t I do it without shouting? This is so key. We must appreciate the value of psychosocial therapy. That is how we were able to address those cases.

  • Magu: All eyes on courts

    Magu: All eyes on courts

    The battle for the chairmanship of the Economic and Financial Crimes Commission (EFCC) has shifted to the court where parties are seeking to ascertain the status of Ibrahim Mustafa Magu as acting chairman. Eric Ikhilae examines the issues raised by parties in their suits before the Federal High Court, Abuja.

    Was the Senate right in rejecting a nomination made by President Muhammadu Buhari pursuant to his powers under Section 2(3) of the Economic and Financial Crimes Commission (EFCC) Act 2004? Is the Acting Chairman of the EFCC, Ibrahim Magu in breach of the Federal Civil Service Rules having served in acting capacity beyond six months?

    These, among others, are issues to be considered as a Federal High Court in Abuja opens hearing on March 9, this year, in two suits seeking opposing prayers, targeted solely at altering Magu’s fate.

    While one faults his re-nomination by the President and prays for a substitution, the other faults Senate’s rejection of his nomination and wants the court to deem Magu’s appointment as confirmed.

    The first, marked: FHC/ABJ/CS/1072/2016 was filed on December 29, 2016 by the incorporated trustees of two groups – Save Nigeria Group (SNG) and Kingdom Human Rights Foundation International (KHRFI). The second, marked: FHC/ABJ/CS/59 was filed on January 24, this year by a lawyer, Oluwatoyin Ojaomo.

    Also, in the court’s Lagos division, activist-lawyer Ebun-Olu Adegboruwa is praying for an order stopping Magu from acting as EFCC chairman having been rejected by the Senate.

     

    The genesis

     

    The about-four-year tenure of Ibrahim Lamorde, as Chairman of the EFCC, ended abruptly on November 9, 2015 when the Federal Government made public his redeployment to the Nigeria Police Force. He assumed office November 28, 2011. And, in his place, Magu was appointed in acting capacity on November 11, 2015.

    In July 2016, Vice President Yemi Osinbajo wrote, on behalf of President Buhari, to the Senate, informing it about Magu’s appointment as EFCC Chairman, in accordance with the provision of the EFCC Act, and sought its confirmation of the appointment.

    The Senate, last December 15, announced its rejection of Magu’s nomination, hinging its decision on a report, said to have been written by the Department of State Services (DSS), querying Magu’s integrity and linking him with some acts of corruption.

     

    The legal dimension

     

    Exactly 14 days after the Senate’s decision, both SNG and KHRFI instituted their suit before the Federal High Court, Abuja on December 29, last year.

    Their core contention, as contained in an originating summons endorsed by their lawyer, Okere Nnamdi, is to the effect that Magu’s rejection by the Senate has automatically rendered vacant, the position he currently occupies.

    They argue that, since the Federal Civil Service Rules (FCSR) were applicable to the EFCC, Magu, having been appointed in acting capacity, “cannot act in such capacity for more than six months in view of Rules 010101, 020603 and 020604 of the FCSR 2008.”

    The plaintiffs are of the view that the Senate’s rejection of Magu as the substantive Chairman of the EFCC was a “a reasonable and lawful ground to warrant and compel the 1st defendant (President Buhari) to appoint/nominate another person as Chairman of the EFCC”.

    According to them, the four-year tenure provided for EFCC Chairman under Section 3 (1) of the EFCC Act, is only applicable to a substantive Chairman, who is appointed by the President and confirmed by the Senate.

    They contend that, having not been confirmed by the Senate that indeed, rejected his nomination by the President, Magu cannot be entitled to a four-year tenure.

    The plaintiffs argue that Magu’s continued occupation of the EFCC Chairman’s seat in acting capacity, beyond six months, was illegal, null and void “on the ground of non-recognition of an acting Chairman in the entire provisions of the EFCC Act.

    They want an order prohibiting the President from re-nominating Magu for confirmation for the same position, his earlier nomination having been rejected by the Senate. They also want the court to compel the President to urgently nominate another person following the rejection of Magu.

    In his suit, filed on January 24, 2017, Ojaomo is contending, in the main, that the Senate President (by extension, the Senate) is without the powers to reject a nomination made by the President under Section 2(3) of the EFCC Act 2004.

    Section 2(3) states: “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.”

    Ojaomo, who said, in a supporting affidavit, that his suit is intended mainly to shed light on the actual role of the Senate in the confirmation of a person appointed by the President as EFCC Chairman, argued that the Senate exceeded its powers when it rejected Magu’s appointment.

    “The only ground on which the Senate can reject a person appearing before it is when the person is nominated and recommended to the Senate for screening, vetting and subsequent confirmation, like a Ministerial nominee.

    “In the instant case, the Senate is to confirm the qualification of the appointee as sent by the President. And, where the Senate is of the view that it requires additional information in accordance with the statutory requirements stipulated by the Act, with respect to the qualification of the appointee, it can refer to the President for further clarification, but not to reject a statutory appointment validly made by the President.

    “The role of the Senate in the confirmation of the appointment of a Chairman validly appointed by the President for the EFCC, according to the Act that created the commission, is to ensure that the requirements stipulated in Section 2(1)(a)(i)(ii)(iii) of the Act are duly complied with by the President in making the appointment,” Ojaomo said.

    The Act, in Section 2(1)(a) (i)(ii)(iii), provides: (I) The Commission shall consist of the following members (a) a Chairman, who shall (i) be the chief executive and accounting officer of the Commission; (ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; and (iii) possess not less than 15 years’ cognate experience.

    He argued that where the necessary requirements were complied with, “the Senate is statute barred from rejecting the nominee for the office of the Chairman of the EFCC in the said Act or any law.”

    The plaintiff said the Senate erred in law when it held a plenary session and decided to reject a valid nomination made by the President pursuant to his powers under a valid law. He added that it was only the President that could decide who to appoint as the EFCC Chairman and not the Senate.

    “He argued that, the President, having exercised his powers under the EFCC Act to appoint a qualified person for the office of the EFCC Chairman, in compliance with the provisions of in sections 2(1)(a)(i)(ii)(iii) and 2(3) of the Act, the Senate has no further say on the choice of a person so appointed.

    Ojaomo wants the court to declare that the Senate has confirmed Magu’s appointment in accordance with the provisions of the EFCC Act 2004. He also seeks a declaration that the Senate lacks the statutory power to reject Magu’s appointment as the EFCC Chairman.

    The plaintiff wants an order, activating its statutory powers for the interpretation of the provisions of sections 2(1)(a)(i)(ii)(iii) and 2(3) of the EFCC Act in relation to appointment of EFCC Chairman and Sebate’s confirmation of such appointment, within the dictates of the law.

     

    Awaiting legal fireworks

     

    Both cases came up for mention before Justice John Tsoho on February 8. Although lawyers to plaintiffs in both cases confirmed that all the defendants have been duly served with court documents, none of the defendants was in court or represented.

    Justice Tsoho, who confirmed that there was evidence in court’s file to confirm service, gave the defendants 14 days within which to respond to the cases. He ordered the issuance of hearing notices on them and adjourned to March 9 and 10 for hearing.

  • Ngige, Okafor, others pay tribute to Okwusogu

    Ngige, Okafor, others pay tribute to Okwusogu

    For the late General Secretary of  Nigerian Bar Association (NBA),  Mr. Clement Obi Okwusogu (SAN) it was a harvest of tributes as colleagues from the Bar and Bench gathered to pay him their last respects at the Lagos High Court, Igbosere Lagos. Obi, as he was fondly, called died last November 22.

    They recalled fond memories of their time with the “radiant and amiable” legal giant who was highly respected among his peers.

    Chief Emeka Ngige (SAN) said: “To many of us who are his friends, the death of Mr Obi Okwusogu was most unexpected. It was a shock and it left everyone of us with a deep sense of irredeemable loss.

    “Obi as General Secretary of NBA and Chief TJO Okpoko (SAN) as President did their best to move the association to the next level. To their credit,  they lifted the association out of the mess of the 1992 imbroglio. They started from scratch and introduced a lot of reforms in the management of the affairs of the association.”

    Ngige said Obi kept touch with all his friends at all times, “attending their social events in company of his dear wife, Uju in every part of Nigeria.

    “Just in January this year, when my late dad, Akunnia Pius Ngige was laid to rest, Obi and Uju were there at Alor to pay their condolences to my family.”

    Obi, he added, “wrote a very short tribute published in the brochure for my dad’s funeral. Obi in his usual jocular self had concluded his tribute with this prayer:

    “We can only now pray for the repose of his noble soul and gently ask Akunnia to inform the heavenly host that those of us here on earth will be late in joining them (at least until we are 99 plus years) Igwodo Kachifo Onwa, Nna’eka, Maryrose, Anuli, ndo nu” As we propose, God disposes.

    “Whose turn is it next? Nobody knows! So we must be prepared to depart at anytime we are called upon by the Lord. Obi lived a clean and godly life. He was an honest man, lived a simple and modest life. He was a good lawyer, a fine advocate. He detested injustice and oppression. He was a peace maker and bridge builder.”

    Nigige noted that Obi’s easygoing nature won him friends from all over the country.

    “It was no wonder anytime an honest lawyer was being sought as a returning officer to conduct NBA elections, whether at Lagos branch or at national level, Obi would be sought for.

    “Obi will be sorely missed at the meetings of Body of Benchers and the National Executive Committee of NBA. He was a life member at both bodies. May the good Lord in His infinite mercies grant Obi eternal rest! May his gentle soul rest in the bosom of the Lord! May God grant his amiable wife and children the fortitude to bear this irreparable loss,” Ngige stated

    Chief Arthur Obi Okafor (SAN) said: “The death of Okwusogu  was a thunderbolt unexpected and saddening. Before his death, I was with him and his dear wife in company of Mr. Andrew Odum. We had a good time at his residence and he was full of life. It was therefore a great surprise that two weeks after, his death was announced. It is saddening that our dear friend would have this sudden departure leaving behind a soul mate, Mrs. Obianuju Okwusogu and their lovely children.

    “Obi, as he was fondly called by his friends, was honest to a fault and very outspoken. He respects both the low and the mighty without any preference. He keeps relationships and enjoys the confidence and loyalty of many legal practitioners including the present and past Presidents of the Nigerian Bar Association. He hails from the ancient Onitsha Ado Kingdom, assimilated in the Lagos axis and maintains his connection with the Abatete people where one of his grandparents hailed.

    “Myself having come from Abatete, Obi would usually call my attention that he has gotten so thin in his body with only his head becoming so big out of malnourishment by me being from his grandparent’s place. We laugh over it whilst reminding him that he has grown so much that his presence is spread all over the country contrary to his assertion that he has grown thin. Obi usually had an already-made rib-cracking jokes to confront you with. He is greatly loved and will be greatly missed by his family, his friends, professional colleagues, the Nigerian Bar Association, the Body of Senior Advocates of Nigeria and the society at large,” Okafor stated

    Secretary, NBA Lagos branch, Mr. Steve Obajaja said: “A clement soul has transited to even more clement climes.

    “Okwusogu, whose other name is Clement indeed lived out the true meaning of his name whilst on this side of eternity. He was a mild mannered, gentle and humble man. He was a rare breed who combined comeliness with brilliance and he rose to become a Senior Advocate of Nigeria.

    “Obi’s striking looks were such that you could not miss him in a crowd. You will always notice his feathery white hair and the cool exterior of his demeanor and humble mien. Obi was one of the few who went against the grain. He did not allow his achievements and his big title of Senior Advocate of Nigeria separate him from the rank and file of the Bar.

    “Talking of the Bar, Obi indeed served the Bar and in recognition of his excellence he was elected the General Secretary of the Nigerian Bar Association where he served with distinction as well.

    “Obi was a consummate family man who went everywhere with his amiable wife, I recall running into the duo at Airport lounges since I became Secretary of the Branch on our way to NBA functions across the country. For one so close to and loved by her Husband, I pray God almighty will give this woman the fortitude to bear this monumental loss.

    “To the Bar Association I say we should be consoled with the fact that Obi lived a good life and served the bar at all times in the course of his long and distinguished career. Obi was indeed a clement man and as he has transited to more clement climes this day we thank God for the life he lived and pray that he will find peace with his maker.”

    A lawyer and author, Mr. Frank Agbedo said: “The death of a beloved one, irrespective of age, always leaves behind a pall of grief to the bereaved and well wishers. So it was for the law fraternity and especially the NBA when the sad news of his death was made public by his immediate family.  The news was hard to believe by those who saw him full of life and in his usual gaiety, just few days before his death, and therefore had preferred living in denial than face the reality of his sudden demise

    “His unflinching devotion and dedication to his calling hovered around him like an irresistible force, as a practicing lawyer, astute litigator, board room titan, Bar leader and Life Bencher, NBA National Officer, Member of the Inner Bar, Bar Administrator and renowned NBA Electoral Umpire and above as a role model to both the young and old wigs alike, as well as an implacable and irrepressible humanist of the highest distinction.

    “Indeed, the saying that Life levels all men but death reveals the eminent had an exception in Obi Okwusogu (SAN), as he was eminent both in life and in his death, in the light of the sheer volume of literature on his persona that flooded the entire print and electronic media landscape in recent times.

    “As a lawyer he lived up to the eternal admonition of the first Nigeria Lawyer, Mr Christopher Sapara Williams, who challenged every lawyer to live for the direction of his people and for the advancement of the society. He deployed the instrumentality of the law to advance the cause of justice in the society and also to uplift the lives of the indigent and downtrodden, having meritoriously served on the Council of Legal Aid Council of Nigeria”

  • Lawyer writes Ambode over non- payment of KAI commanders

    A lawyer, Olumide Lapite, has written Governor Akinwunmi Ambode over the alleged non-payment of 11 Kick Against Indiscipline (KAI) commanders.

    The lawyer said his clients were engaged in 2003 as founding KAI members and were deployed as Area Commanders by the Ministry of the Environment.

    He said they were re-appointed by Governor Babatunde Fashola (SAN) on May 9, 2008.

    According to Lapite, despite their appointments not terminated, his clients were not paid salaries from June 1, 2011 to December 2014.

    He said they wrote Fashola on April 30, 2015, following which he approved N500,000 as part of the salary arrears for each of the commanders.

    The commanders, who claim they have not been formally disengaged, are demanding full payment of their outstanding salary arrears and emoluments which they said amounts to about N35million.

    In a January 31 letter to Ambode, the 11 appointees said their services were still being retained without payment, adding that they had been rendered redundant.

    “Our clients are APC members and party faithful who stood with the party at all times. We appeal to the governor to look into their matter and pay them as they have family responsibilities and dependents that look unto them for survival,” the lawyer wrote.

    A copy of the letter was also sent to the House of Assembly Speaker. The commanders are Ogunlana Akindele, Oni Anthony, Atiti Joseph, Adebo Phillip, Obe Ganiyu, Ogungbiye Ayodele, Ogunmefu Taiwo, Lawani Rasheed, Ogunrinola Ajikawo, Agbabiaka Ganiyu and Animashaun Nurudeen.

  • Alleged N10.9b theft: ex-Finbank MD opens defence today

    Former Managing Director, Finbank Plc, Mr Okey Nwosu and three other directors of the bank, will today at an Ikeja High Court, open their defence in the alleged N10.9 billion theft case preferred against them by the Economic and Financial Crimes Commission (EFCC).

    The EFCC arraigned Nwosu, Dayo Famoroti, Agnes Ebubedike and Danjuma Ocholi on a 26-count charge of stealing.

    They were first arraigned in 2010; their trial progressed until December 2011 when the defendants filed an application challenging the court’s jurisdiction to entertain the charges against them.

    The defendants appealed to the Court of Appeal, which  in its November 21, 2013 ruling set aside the lower court’s decision. The high court, it held, had no jurisdiction over capital market-related issues which it noted could only be prosecuted at the federal court.

    The  EFCC  appealed to the Supreme Court which last July 1 set aside the ruling of the appellate court and ordered that the case should be sent back to the Lagos State Chief Judge for expeditious trial.

    At the resumed proceedings before Justice Lateefa Okunnu, the defendants, told the court that they were having difficulty bringing their witnesses to court.

    Aside from this, they told the court that they could not access some vital documents needed for his case. Speaking through his lawyer, Mr N. K. Oragwu, he also told the court that he was having difficulties bringing his witnesses to court as they have left the bank.

    The first defence counsel, Oragwu, had told the court that he  filed a subpoena to summon a witness but when he brought it to court for endorsement, the court registrars declined his request, saying that it was too late.

    He added that though he had  a witness in court, he could not proceed with the examination of the witness because  he does  not have the necessary documents to open his client’s defence.

    “The problem we have is that we require subpoena to bring our witnesses and despite that we have one  witness in court, the documents we need to examine him are not in court.

    “We have difficulty in bringing documents. Since 2009 that the defendants were removed from the bank, they have had no access whatsoever to any  document. We need to subpoena the documents and the witnesses.

    “In the circumstance, we crave the court’s indulgence for a short adjournment. This is not intended to delay. We have a witness already but we have a constraint,” Oragwu said.

    But the prosecutor, Mr. Adebisi Adeniyi, opposed the prayer for an adjournment, describing it as another ploy to further frustrate the expeditious trial of the case contrary to the directive of the Supreme Court.

    “We were here the  last time, the first defendant knew he would need to apply for a subpoena,  and this is a criminal matter and he made no effort to do that, despite the fact that we took trial date as far back as November 2016”.

    Adeniyi argued further that if the defendant is interested in pursuing his defence diligently, they already had enough time to apply for  witness summons to call their witnesses to court.

    “This application is not made in good faith,” Adeniyi said.

    He urged the trial judge to allow one defence witness present in court  to begin his testimony while the defence can file application to present their documents to the court later.

    But other defence counsels countered the prosecution insisting that his submission would not make for fair trial in the matter.

    Mr. Seyi Sowemimo (SAN), counsel to the second defendant, aligned himself with the submission of the counsel to the first defendant.

    He also pleaded for an adjournment, saying his client equally had the same challenges as the first defendant.

    Sowemimo said: “Ever since the defendants were removed from the bank since 2009, a lot of people who were in the bank are no longer there.

    “It is difficult getting access to the board papers, the company secretary, who was there then, is no longer there.

    “The difficulty, which Mr. Oragwu talked about is very real.”

    The third defence counsel, Mr. Lanre Ogunlesi (SAN), also urged the court for an adjournment, to avoid a situation where an outside would have “the impression that the defendants were stampeded into their trial.”

    Ogunlesi added that his client was sick but he had to advise him to appear in court because he doesn’t want anybody to say they delayed trial.

    The fourth defence counsel, Mrs. Abina Lemea, aligned herself with the other defence counsel.

    After hearing the submission of parties, Justice Okunnu noted that though the defendants had enough time to have applied for witness summons but failed to do so.

    She said she would in the interest of justice bend backwards to accommodate them and granted their request for adjournment till today.

     

  • Judge halts Ecobank’s N5.5b debt suit against Honeywell

    Justice Mohammed Aikawa of the Federal High Court in Lagos has suspended further proceedings in a suit by Ecobank Nigeria Limited seeking to recover an alleged N5.5billion debt from Honeywell Flour Mills Plc.

    The judge held that he would prefer to await the outcome of appeals on the case pending at the Supreme Court.

    According to him, it was not advisable to continue with the case since Honeywell was praying the Supreme Court to dismiss it.

    He said it would amount to an academic exercise if he went ahead to hear and determine the case and the Supreme Court ends up dismissing it.

    Justice Aikawa refused a prayer by the respondent’s counsel, Faith Adarighofua, to continue with the case.

    He held: “We have to await the outcome of the appeals pending at the Supreme Court even though there is no express order for stay of proceedings, because what is being challenged is the entirety of the suit itself.

    “Continuing with a case that is on appeal depends on the nature of the appeal. This appeal touches on the case in its entirety.

    “I’ll exercise my discretion to stay proceedings. If you go on with the matter and the Supreme Court rules otherwise, what you would have done  here will be academic and an exercise in futility.

    “I don’t want a situation where we’ll create a judicial anarchy. Let me hear what the Supreme Court will say. If you want this court to hear this matter, then go to Supreme Court and withdraw your appeals,” Justice Aikawa said.

    Justice Aikawa, who was recently transferred to Lagos, took over the case from Justice Jude Dagat who inherited it from Justice Mohammed Yunusa.

    Justice Yunusa had granted an ex-parte application by Ecobank’s lawyer Mr Kunle Ogunba (SAN), restraining chairman of Honeywell Group, Dr Oba Otukedo, the company’s directors and subsidiaries from withdrawing their funds from any bank or financial institution.

    But Honeywell, through its lawyer Chief Wole Olanipekun (SAN) sought to discharge the order, contending that it was an abuse of court process.

    Justice Yunusa, who was later transferred,  refused to discharge the order but held that Honeywell could withdraw up to N60million in a month pending when the suit was heard and determined.

    Honeywell appealed against partial freezing of its accounts, and the Court of Appeal allowed the appeal and ordered that the case be heard.

    While Ecobank appealed to the Supreme Court, Honeywell also appealed to Supreme Court against the Court Appeal’s refusal to dismiss the case in its entirety.