The Nation Newspaper

Category: Law

  • Okwusogu, Sasegbon: Two ‘silky’ passages

    Okwusogu, Sasegbon: Two ‘silky’ passages

    Former Lagos Branch Chairman of the Nigerian Bar Association (NBA) Mr Chijioke Okoli (SAN) pays tribute to former NBA General Secretary Obi Okwusogu (SAN), who died last November 22, and law reports publisher Deji Sasegbon (SAN), who died last December 10.

    Many a curious lay person not used to the peculiarities of the legal profession had often wondered why some lawyers, albeit necessarily few in number, would be referred to as (learned) Silk instead of being called by their names. The simple explanation is that it is one of those quaint practices of the English legal system imported into Nigeria. The gown used by the Queens Counsel in the United Kingdom, the equivalent of Nigeria’s Senior Advocate, is supposedly, though not always in fact, made of silk. The practice, with origins in the dim past, has been to use the word as a synonym for the phrase ‘Queens Counsel’ or/and ‘Senior Advocate of Nigeria’; hence, upon conferment of the rank the recipient is said to ‘take silk’. The word also refers to the institution (of a formal and rigid recognition of a senior cadre of lawyers) itself.

    This piece is however not about the sartorial or hierarchical nuances of the legal profession in Nigeria and the United Kingdom. Rather, it is about two highly respected holders of the Silk rank both of whom passed away within the last six weeks of the year 2016 and leaving the legal community in these shores in shock and profound grief. I have in mind Obi Okwusogu and Deji Sasegbon. First, Obi Okwusogu.

    It appears that Mr. Okwusogu was a rarity amongst contemporary Nigerian lawyers in the sense that he did not possess a law degree. He obtained a first degree in economics from the University of Wales (Cardiff) in the late 1970s and after which he was called to the English Bar in 1981 as a member of the Honourable Society of Grays Inn where he had his legal training as a barrister. He was called to the Nigerian Bar the following year and immediately afterwards joined the Chambers of H. Afolabi Lardner, SAN, who by many informed accounts was the most formidable Nigerian trial lawyer of his own generation. He was in H.A. Lardner’s Chambers until 1989 when he left to set up his own practice.

    Mr. Okwusogu was a committed and diligent servant of the legal profession; being the exemplar of what Nigerian lawyers call a “Bar man”. He was elected and served with distinction as the General Secretary of the Nigerian Bar Association (N.B.A.) between 1998-2000. The contest for power within the Nigerian Bar Association has recently in many respects mirrored the skullduggery and controversy of Nigerian party politics. However, it says much for his reputation for fairness and wide acceptability that he was frequently called upon to head the election committees of the N.B.A., both nationally and in his Lagos Branch. He always discharged his duties most creditably.

    It is therefore understandable that the legal profession had been unabashedly  generous in its bestowal of honours upon him. Apart from membership of the General Council of the Bar, he had at various times represented the N.B.A. in the Legal Aid Council and the Council of Legal Education. The Body of Benchers is the highest body for the regulation of the legal profession in Nigeria and members of which are called Benchers, with most serving for given terms in addition to some whose memberships are for life. Mr. Okwusogu was a Life Bencher. He was appointed a Notary Public in 1988 and exactly ten years later elevated to the rank of Senior Advocate of Nigeria.

    A charming, debonair, humorous and well-spoken cosmopolitan, he was comfortable in most circles; cultivating friendships with the young, not-so young and the elderly as well as across ethnic divides. A proud Igbo man, yet an authentic Lagos boy who spoke fluent Yoruba and in the midst of Yorubas would easily pass for one. One complaint one often heard many lawyers make against some Senior Advocates is about the latter’s affectation of insufferable air of superiority. But not so with Mr. Okwusogu. For all his unmistakable full but grey-whitish hair which enabled his philosophic and aristocratic carriage, he was extremely down-to-earth and approachable. At the valedictory court session in his honour on December 16, 2016 the foyer of the High Court of Lagos State, Tafawa Balewa Square, was filled to capacity. One of my younger colleagues in my office had obtained permission to be off work for a couple of days to get one of her tooth pulled off. I therefore expressed surprise at her presence, but she-as with many lawyers in Lagos, young and old-just had be present to pay her last respects to the much beloved Learned Silk.

    An incident in which I was privileged to be a major participant exemplify Mr. Okwusogu’s generosity of spirit and how it was easy for him to make and retain many friends. The campaign for the abolition of the SAN rank reached a crescendo during the tenure of Chief Rotimi Akeredolu, SAN as President of the NBA. The NBA under his direction at the 2009 Annual General Conference had mandated all its branches to meet and take a position on the issue not later than end of the first quarter of 2010. I was Chairman of the Lagos Branch of the NBA and the meeting we had for the purpose had an unprecedented number of Senior Advocates in attendance. And they had obviously come with the junior colleagues from their respective law offices ready to confront the forces opposed to the institution of Silk.

    The atmosphere was charged and the proceedings were nothing short of riotous. It was clear to me that if the issue was put to vote on the day Pa Tunji Gomez and his ‘anti-SAN’ group would have suffered a humiliating defeat. Whilst some of the ‘pro-SAN’ lawyers sensed their likely victory and wanted to force the issue amidst the chaos, Mr. Okwusogu was a mediating voice and urged me to end the meeting promptly to avoid our presenting to the general public an ugly spectacle. In the event a truce of sorts was achieved, with Pa Gomez and Mr. Okwusogu being on record as having, respectively, moved and seconded the motion for adjournment sine die. In a discussion we had several weeks later, he justified his stance of providing Pa Gomez a face saving window on the basis that friends, especially supposedly learned ones, should not insist on avoidable humiliation of their own merely to underscore a point.

    • To be continued
  • ABC of human rights litigation

    ABC of human rights litigation

    Title: Human Rights Litigation in Nigeria: Law, Practice and Procedure.
    Arthur: Mr. Frank Agbedo
    Reviewer:Mr. Malachy Ugwumadu
    Pages: 516
    Publishers: UNILAG Press, Akoka, Lagos

    This book written by Mr. Frank Agbedo, one of Nigeria’s leading authors in human rights literature and jurisprudence, was recently unveiled to the reading public at the Nigerian Institute of International Affairs, (NIIA) Kofo Abayomi Road, Victoria Island, Lagos, just a few years after his ground breaking treatise on the rights of criminal suspects in Nigeria, titled, “Rights of Suspects and Accused Persons under the Nigerian Criminal Law.

    Incidentally, only three days before the release of the current book, the world had on December 10, 2016, marked the International day of Human Rights, with a strident message calling upon everyone to stand up for someone’s rights. The Nigerian Bar Association (NBA) Lagos Branch, Human Rights Committee, organised a successful summit on Thursday, December 8,, 2016 while the National body commemorated the day with a world press conference held at the High Court of Lagos premises, Igbosere, Lagos.

    It has been universally declared that “it is essential, if a man is not to be compelled to have recourse as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. (See the UN Universal Declaration on Human Rights 1948). The value of human right is solely dependent on its enforcement. An unenforced right is of no value to its owner. Just as the maxim, Ubi Jus Ibi Remedium (i.e where there is a right, there is a remedy), remains rhetorical until the remedy is duly enforced in favour of the victim.

    This book, which is consciously and albeit rightly, in my view, dedicated to two of Nigeria’s greatest civil rights advocates, both at the bar and the bench, namely: the late Chief Gani Fawehinmi SAM, SAN and Hon. Justice Idris Legbo Kutigi, (CJN)  Rtd, therefore dwells extensively on the law, practice and procedure relating to enforcement of human rights in Nigerian courts.

    Principal features of the book include but are not limited to the ABC of human rights litigation, an in depth analysis of the new FREP Rules 2009, A review of judicial attitude to enforcement of Fundamental Rights Cases, Prosecuting Appeals in Fundamental Rights Cases, The status of public interest litigation in Nigerian Courts, The Role of Amici Curae in human rights litigation, the justiciability or judicialisation of socio-economic rights in Nigerian Courts and the future of human rights litigation. The book also features a comprehensive package of practice, forms and precedents relating to practical applications for enforcement of fundamental rights, as well as a comprehensive index of cases and relevant statutes.

    More than seven years since the advent of the Fundamental Rights (Enforcement Procedure) Rules 2009, which had been described as representing the widest latitude to effective enforcement of fundamental rights, the volume of litigation relating to human rights have expectedly witnessed a quantum leap in Nigerian Courts. It is therefore this floodgate of litigations that supplied the raison d’etre and compelling desire for this book. This is done with a view to updating practitioners with current decisions and contemporary developments on human rights law and practice, with copious references to salutary innovations from other jurisdictions overseas.

    The peculiar strength of this new book, as attested to by renowned jurists and law lords who had the benefit of a preview of the content prior to this public presentation, is that it is almost a ready answer to all issues and matters relating to preparation, initiation, filing and prosecution of fundamental right cases in Nigerian Courts. The book is comprehensive enough to the cover of the field of human right law, practice and procedure and which could be better described as a One-Stop-Shop in human rights litigation.

    According to Femi Falana SAN, “Frank Agbedo Esq has through this book simplified and facilitated the enforcement of fundamental rights in Nigeria in line with the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009. With the subjects analysed in the book and the relevant cases cited by the author, victims of human rights abuse will have no difficulty in seeking redress in the appropriate High Courts”.

    One cannot agree any less with the above endorsement coming from a venerable icon of public interest litigation in Nigeria. The book which focuses on the practice and procedure in human right litigation is to the best of my well-considered opinion, a well-researched and comprehensive work on the subject. It is written in clear readable style that is quite informative. I believe that legal practitioners, judges, law students and anyone interested in human rights litigation and issues, will find it very useful. I warmly recommend it.

  • ‘Day I tricked Appeal Court Justices’

    ‘Day I tricked Appeal Court Justices’

    Danlami Awwal was called to the Bar in 2015 after graduating from the Bayero University, Kano. In this interview with ROBERT EGBE, he shares his law experiences and dreams.

    What would you have studied other than law?

    Law was the best alternative at my disposal. I had wanted to study Accounting, Economics, Banking and Finance or any other Management course but I could barely pass my O/Level Mathematics, so I opted for law which didn’t require maths as part of the university admission requirements at the time.

    Tell us a little about your family. Any lawyers among your siblings?

    My immediate younger brother is currently at the Lagos campus of the Nigerian Law School. Another one is eyeing law as his preferred UTME choice.

    How did they celebrate your Call to Bar?

    There wasn’t any celebration. Only two of my siblings and four friends attended my Call to Bar.

    Why was that? Were your parents and other family members not excited at your achievement?

    They were very excited but I told them not to bother attending my Call to Bar ceremony because the place is usually overcrowded. More so, my call was in the afternoon till night, you know. Not much fun.

    Tell us about your most memorable court experience

    That has to be the day I tricked the court and my learned senior in court. The justices were like, “We don’t know how Danlami did it, and he did it smartly.” And that was how I rendered my learned senior’s processes useless; he had to file another one.

    Tricked the court and your senior? How?

    You know how the Economic and Financial Crimes Commission (EFCC) in Lagos handles its cases or when an opposing counsel wants to frustrate your case, they serve you their processes in court.

    That was exactly what happened. It was at the Appeal Court in Lagos and I was served in court on that day. My team had earlier filed and served our response to their appeal and we then came by way of motion for extension of time because we were out of time to respond to the appeal. My boss made a little mistake in the printout; our earlier response was faulty, so we corrected the mistake and made it our annexure to the motion. The practice there is, you annex and attach a copy of your process for which you are seeking extension of time with the motion on notice and serve same apart from the other copy to be filed and served.

    The appellant counsel served me with his reply on point of law in response to our earlier response not the response annexed to the motion. The appellant’s reply on point  of law had destroyed our response on technical grounds but the annexure was perfectly okay. I moved the motion for extension of time and this was granted unopposed. While moving our response, I moved and adopted the annexure because I used the date and filing as contained in the annexure.

    The justices did not even bother to look at the process and dates believing it was perfect.  When my learned senior, counsel to the appellant started arguing before adopting his reply on point of law and the judges were nodding their heads in affirmation,  I stood and objected.  I told the court that my senior was trying to mislead the court. That was how the court came to know that I adopted the annexure instead and my senior was responding to a process not adopted, in fact abandoned. He did all he could but the court told him they could not force me to adopt the faulty process, after all I had adopted my response. He had to seek for adjournment to reply on point of law. That was my first win because the appeal was dismissed.

    Your most embarrassing day in court?

    When our client did not tell us the truth and the truth came to my knowledge through the court processes exchanged. I then confronted the client with the facts and he could not deny it.

    What was the case about and how did the judge react?

    Confidentiality wouldn’t allow to speak further on this.

    Who are your role models?

    I have many role models from different fields of endeavour and if you mean my role models in the legal profession, then I will rightly say that any human rights advocate or activist is my role model particularly Gani Fawehinmi, Femi Falana etc.

    As a young lawyer, what are your most pressing challenges?

    The challenges are enormous as a young lawyer. The most disturbing are:  It takes me two hours to get to the office, almost same, sometimes more hours to get home from the office. Again transport fare to and from the office. I spend a lot on transport fare which is not commensurate with my allowances. Thanks to my principal and my other bosses and seniors in the office who always help out.

    What can the Nigerian Bar Association (NBA) and senior lawyers do to make law practice better for young lawyers?

    NBA should streamline and set a minimum allowance of 70k – 100k for young lawyer by law firms, law firms should also provide accommodation and health insurance for young lawyers (employee and National Youth Corp members). This will bring sharp and jankara practice to an end. Continuous professional development and mentorship for young lawyers should also be made a priority by law firms.

    If you had a second chance, would you still choose law?

    Yes, but I also love sciences, particularly passionate about ICT.

    Any plans to seek political office?

    No, for now.

    Have you ever dated a lawyer? Would you marry one?

    No, and I don’t mind marrying one but I prefer one from the field of sciences or Medicine etc, above all she must be religious and God-fearing.

  • Complexity of facts, technicalities of law: Dilemma of leadership

    Lagos State University (LASU) Vice-Chancellor Prof. Lanre Fagbohun presented this paper at a birthday lecture organised by former students of former Nigerian Institute of Advanced Legal Studies (NIALS) Director-General Prof. Epiphany Azinge (SAN) in Abuja.

    Introduction and context

     

    In 1988, I had the good fortune of reading the Nigerian Merit Award Winners Lecture pre-sented by Honourable Dr. Timothy Akinola Aguda.  He made a statement that caused me to reflect then on his mood, memories, emotions and frustrations.  The learned jurist of distinction noted:

    As you know the subject of this Lecture is: “The Challenge for Nigerian Law and the Nigerian Lawyer in the Twenty-First Century”.  The question which you will be entitled to ask is why the 21st Century? Why must I ‘hop and jump’ over the remaining twelve years of this Century? My answer is simple: In the period of over 40 years since I have been a student of law and the practice of law, I have come to the sad but incontrovertible conclusion, that neither the law nor those of us who administer it have attained the goal that I had hoped was attainable and that would be obtained.  What I believe is left for me at the moment is to put in a few words; may be – and I emphasize the words “may be” – they will fall on fertile lands in the minds of this and the coming generation of the law givers and those who administer the law in the hope that both the Nigerian Legal System and its practice will be able to catch up with the rest of mankind, and very importantly create a united, free and happy society.  There can be no greater unifying force in this as in any other human society than the law, and the system for the administration of that law.

    The lofty aspirations of the exemplary Aguda was a wake-up call that was made twenty-eight years ago.  Sadly, an honest reflection on where Nigeria is today, and an appraisal of the several conflicting structures that are in place for moving her forward will give an impassionate observer muted enthusiasm. Perhaps, the only thing we can effectively say that Nigerians have been awake to is the profound gap between what the Honourable Dr. Aguda envisaged and prayed for, and the reality of today.  As we know, the formulation of law or policy and their consequent administration are critical to the survival of any nation.  Consequently, when we ruminate over critical issues such as free elections, rule of law, protection of human rights, corruption, incompetent leadership, indolent followership, peace and security, poverty, brain drain, misuse of power, ineffective service delivery, food security, economic and political instability, unemployment, lack of basic and essential services among several other challenges, the dislocation is traceable to either formulation and/or implementation of laws and policies.

    With particular reference to Nigeria’s crisis of development, not many will deny that the country has been a victim of a number of poorly informed decisions by her leaders from early in the process of project Nigeria till date.  In this respect, I must hasten to add that the concern of this paper is not so much that poorly informed decisions have been made; it is more about the structures on ground for correcting such decisions.  This is at the heart of what I refer to as the conundrum and dilemma of leadership in Nigeria.

    The  day before yesterday, the media was agog about President Obasanjo and what he should or should not be doing; yesterday, it was the turn of President Umar Musa Yar’Adua and thereafter President Jonathan to worry about the dilemma of leadership in the context of the Nigerian situation.  Today, it is with accelerated tempo that President Mohammadu Buhari is being criticized for failing to effect desired changes despite the change mantra of the ruling party.

    Permit me to make myself clear: it is not the case that leaders in developed nations are not confronted with the dilemma of leadership; far from it.  The fundamental difference is that most of these leaders have the benefit of accountable and effective institutions overseeing the formulation and implementation of laws and policies.  This is why the cliché that “nobody is above the law” has a meaning in these systems.

    In Nigeria, violators and mischief makers (leaders and followers inclusive) have become more adept in making effective use of government institutions to undermine good governance than the effort of government in using these institutions to enthrone good governance.  I am not making reference here to those who carry placards to support inequities.  I am making reference more to insufficient checks and balances, and the rigidity of our system (or the lack of it when necessary) to nip iniquity in the bud.  Our institutions are so vulnerable to manipulations that they are constantly being used to perpetrate and promote a culture of illegality.  Thus, when a man says a particular act or decision is not in accord with due process, one needs to critically examine his standpoint.  Is it a situation where due process will expose or comfortably shield illegality? If we agree that an inefficient legal system is a stimulus for impunity, the fundamental question for all of us is how effective is our legal system?

    I will for a moment leave my distinguished audience with their answers to the above poser.  I will, however, come back to remind us of how mischief makers have effectively adapted to the legal system. I will also remind us of several debates the conclusions of which have been that illegality has afflicted our culture and ethics, and become the efficient means for fulfilling selfish agendas or achieving personal goals. Yet, Nigerians want a “robust”, “brave”, “powerful” leader who will in a “focused” and “consistent” manner drill down and solve the problems.  He is expected to deal with the long-term, well entrenched and successful violator who has gotten so accustomed to illegality as a way of life. I am not sure how easy this would be.  It is pretty much the same as going to meet the best specialist doctor to treat your ailment when you know and remain committed to your faith which forbade you from taking medical treatment.

    Few examples of the worrisome scenarios will suffice to make my position clearer on the nightmares that leaders in Nigeria are constantly confronted with in moving forward.  It is acknowledged that the Biometric Verification Number (BVN) which gives each Bank customer a unique identity across the Nigerian Banking system has significantly assisted to reduce fraud and curb illegal banking transactions in Nigeria.  The BVN process was implemented as a policy of the Central Bank of Nigeria pursuant to the powers of the CBN under its enabling Act.

    What if a new law was required to implement the BVN scheme? The chances are it may have had to do the same long walk of the Freedom of Information Bill. The journey of the Freedom of Information Bill started in 1993 before it was finally signed into law in May, 2011.  Yet, we all know the importance of the right to information, particularly, the right to access to information held by public authorities in the fight against corruption and impunity.

    • To be continued

  • Lawyers, others set for 5-km run in Warri

    Members of the legal profession and residents of Warri will on Saturday  gather for a five-kilometer run tagged: “Warri Centric 5km Run”, sponsored  by a law firm, Compos Mentis Chambers and Perfectus Laundi. It was organised to kick off the new year.

    Managing Partner of Compos Mentis Chambers, Mr. Dafe  Akpedeye (SAN ) said the run is being organised to promote fitness and wellness of residents of Warri and environs.

    The “Warri Centric 5km Run”, which is first of its kind in the area is open to walkers and  runners of all ages and fitness levels.

    A statement issued by the organisers said venue is the  NNPC Housing Estate, Ekpan, Warri while  registration is now open online at https://www.truppr.com/ events/4567/warricentric-5km- run-walk.

  • NGO demands release of leader

    A group, Imo Bilie Initiative for Social Justice (IBIN),w has demanded the release of its detained national coordinator, Obidinma Aku.

    Aku is being detained at the Owerri prison for an alleged Facebook criticism of Imo State deputy governor, Eze Madumere.

    The group has petitioned the Federal Government, Human Rights Commission, All Progressives Congress (APC) national chairman, the Department of State Services (DSS) and civil society groups among others, seeking their intervention.

    The Federal Capital Territory (FCT) Coordinator of the group, Aduradu Okey, in a statement, said the activist hosts the popular Mandate Monitor radio talk show on MyRadio 100.9Fm Owerri.

    He said Aku was arrested last November and charged with public incitement and defamation at a magistrates’ court after being detained for four days.

    The group is, therefore, seeking unconditional release of its national coordinator.

    It said the government’s action was intended to intimidate him and a ploy to stop the hosting of the month’s maiden edition of the Imo Good Governance lecture.

    The FCT coordinator said the group had been constructive in its criticisms of the government’s policies.

    The group, he said, demanded details of the N26.8 billion bailout fund received from the Federal Government, and details of the 27 general hospitals claimed to have been constructed by the government, among others.

    The DSS, the group said, invited the activist who responded promptly. It wondered why the DSS would resort to what it described as unlawful manner of arrest.

    The group alleged that those who came forward as Aku’s surety were threatened, adding that a traditional ruler who had already signed withdrew after his staff of office was threatened.

     

  • How’ll trial of Saraki, Dasuki, judges, others end

    How’ll trial of Saraki, Dasuki, judges, others end

    The courts are expected to be busy this year. In his New Year’s speech, President Muhammadu Buhari restated his administration’s commitment to fight corruption. Several high-profile cases are in court. Will they be concluded this year? ERIC IKHILAE, ADEBISI ONANUGA, JOSEPH JIBUEZE and ROBERT EGBE highlight some of the cases which are of public interest.

    FOR the courts, 2016 ended on a busy note. There was a deluge of high-profile criminal cases because of the Federal Government’s resolve to prosecute suspected corrupt public officers. Hearing in the cases continues this year. How will they end?

    In his New Year’s speech, President Muhammadu Buhari vowed not to relent in his fight against corruption.

    He said: “Our determination to wrestle corruption to the ground remains unshaken. This fight, which will be guided by respect for the rule of law and due process, will not spare anybody or organ of government.

    “It is a collective undertaking and resolve that must be seen to its logical conclusion in spite of certain distractions. The fate of our country lies partly in the success of this campaign. It will be unthinkable on my part to allow the boat of this crucial campaign promise to capsize mid-stream.”

    Some of the impending cases are:

     

    Saraki’s trial at CCT

    The Code of Conduct Tribunal (CCT) will resume proceedings in the trial of Senate President, Bukola Saraki on January 11. He is facing a 13-count charge of false assets declaration. The case has witnessed  various delays since the office of the Attorney-General of the Federation (AGF) filed the charge on September 14, 2015.

    Though Saraki took his plea on September 22, 2015, the prosecution has been unable to move beyond calling its first witness. After months of delays, with Saraki challenging almost every step taken by the tribunal, its jurisdiction and the composition, trial eventually commenced last April 5 with the prosecution calling its first witness, Michael Wetkas.

    The prosecution wasted no time as Wetkas concluded his evidence-in-chief on April 18 (within three adjournments). But it took the defence 14 adjournments, spanning over seven months to cross-examine the first prosecution witness.

    The defence team, comprising of senior lawyers like Kanu Agabi (SAN), Joseph Daudu (SAN), Paul Erokoro (SAN), Paul Usoro (SAN), Mahmud Magaji (SAN), among others, cross-examined Wetkas between April 18 and November 8, last year.

    When the defence announced its conclusion of what the prosecution counsel Rotimi Jacobs (SAN) described as the longest cross-examination in the history of the nation’s criminal jurisprudence, the tribunal also stunned all when it adjourned further proceedings from November 8 to January 11.

     

    Judges in the dock

    Legal fireworks are expected to commence when proceedings open early this year in the cases involving Justice Sylvester Ngwuta (of the Supreme Court), Justice Adeniyi Ademola (of the Federal High Court) and his wife, Olabolwale

    Justice Ngwuta was arraigned before Justice John Tsoho of the Federal High Court, Abuja on November 21 on a 16-count charge bordering on allegations of corrupt enrichment, violations of money laundering laws, passport fraud and attempt to obstruct justice. The prosecution is expected to open its case on January 18.

    Justice Ademola and his wife, Olabowale were arraigned last December 13 before Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) in Maitama on an 11-count charge of conspiracy and receipt of gratification. The case has been adjourned to January 18 for the commencement of trial.

     

    Dasuki and others

    Former National Security Adviser (NSA), Sambo Dasuki, is currently facing three charges. In the first case, he is charged with money laundering and illegal possession of firearms. The former NSA was arraigned on the charge before Justice Adeniyi Ademola of the Federal High Court, Abuja on September 1, 2015.

    Proceedings in the case is expected to commence afresh before another judge at the resumption of the Federal High Court this month. This is because Justice Ademola is being tried for alleged corrupt practices.

    In another charge, Dasuki was arraigned with ex-Minister of State for Finance, Bashir Yuguda, a former Director of Finance at the office of the NSA, Shuaibu Salisu, a former governor of Sokoto state, Attahiru Bafarawa, his son, Sagir Bafarawa and their company, Dalhatu Investment Limited for allegedly stealing about N9.2billion from the office of the NSA.

    Both charges are now pending before Justice Hussein Baba Yusuf of the High Court of the Federal Capital Territory (FCT). The prosecution is expected to open its case when proceedings resumes on January 25.

     

     Oronsaye and others

    The former Head of Service of the Federation (HOS), Stephen Oransanye is being tried in two separate courts on two charges. He is standing trial alone before Justice Olasumbo Goodlcuk of the High Court of the Federal Capital Territory (FCT). He was arraigned on March 15, 2016.

    Oronsaye, who was the Chairman of the Presidential Committee on Financial Action Task Force (PCFATF) under President Goodluck Jonathan, is among others charged with criminal breach of trust for allegedly converting about N382.9million belonging to the PCFATF to his personal use while he headed it between 2013 and 2015.

    He is expected to open his defence or make a no-case submission when proceedings resume mid-January.

     

     Metuh

    The former spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh is facing trial in two courts. He is being tried with his company, Destra Investments Ltd, before Justice Okon Abang of the Federal High Court, Abuja on a seven-count charge marked: FHC/ABJ/CR/05/2016

    They were charged with breach of trust, corruption and money laundering, offences contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under section 15(3) of the same Act.

    They were arraigned last January 15. He is expected to continue with his defence when proceedings resume before Justice Abang early this year.

     

    Badeh and his predecessor

    Former Chief of Defence Staff (CDS), Alex Badeh is standing trial with a firm, Iyalikam Nigeria Limited on a 10-count charge marked: marked: FHC/ABJ/CR/46/2016, before Justice Okon Abang of the Federal High Court, Abuja

    They are charged with breach of trust and corruption. Badeh was said to have committed the offences while serving as the Chief of Air Staff in 2013.

    There is also the case involving Badeh’s predecessor, Air Chief Marshal Mohammed Diko Umar (rtd), who is being tried on a seven-count charge of corruption involving about N7.382billion. It alleged that Umar removed the money from the account of the Nigerian Air Force while he was the Chief of Air Staff.

     

     Ex-governors

    Former Adamawa State Governor, Murtala Nyako is standing trial with his son, Senator Abdulaziz Nyako, two of his ex-aides, Abubakar Aliyu and Zulkifikk Abba; and five companies – Blue Opal Nigeria Limited, Serore Farms & Extension Limited, Pagoda Fortunes Limited, Towers Assets Management Limited and Crust Energy Limited.

    They were arraigned on July 8, 2015 on a 37-count charge marked: FHC/ABJ/CR/293/2015, before Justice Evoh Chukwu of the Federal High Court, Abuja, on a 37- count charge bordering on criminal conspiracy, stealing, abuse of office and money laundering.

    The case has since been reassigned to Justice Okon Abang with the death in mid-2016 of Justice Chukwu. Trial has started before the judge, with the prosecution calling a number of witnesses.

    Former Jigawa State Governor, Sule Lamido, is being tried on a 27-count charge of money laundering, abuse of public office and receiving N1.35 billion kick-back from a government contractor. The money was allegedly paid into accounts controlled by the governor and his sons

    Trial had progressed before Justice Adeniyi Ademola until the judge’s arrest and consequent prosecution. The case is expected to be assigned to another judge.

    The trial of former Plateau State Governor, Joshua Dariye will resume before Justice Olubukola Banjoko of the Federal Capital Territory (FCT) High Court in Gudu this month. He is expected to continue with his defence.

    Trial is expected to resume in the case involving former Benue State governor, Gabriel Suswam and the state’s ex-Finance Commissioner, Omodachi Okolobia after some delays. They were arraigned before Justice Ahmed Ramat Mohammed of Federal High Court, Abuja on November 10, 2015 on charges of money laundering and breach of trust.

    Former Governor of Taraba State, Reverend Jolly Nyame is expected to open his defence at the resumption of the court in January. He is being tried before Justice Bukola Banjoko of the High Court of the Federal Capital Territory (FCT) in Gudu.

    Nyame is charged with “criminal breach of trust,” punishable under Section 315 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990 and “mmisappropriation of public funds,” punishable under Section 309 of the Penal Code.

    Trial is expected to commence afresh before a new judge when the Federal High Court resumes business in January in the case involving former Imo State Governor, Ikedi Ohakim.

    He is to open his defence before Justice Adeniyi Ademola when the judge was arrested and is currently being prosecuted for corruption related offences.

    Ohakim was arraigned on July 8, 2015 on a three-count charge, to which he pleaded not guilty. He is accused of making a cash payment to the tune of $2, 290,000.00 (about N270,000,-000.00) , for the purchase of a property at Plot No. 1098 Cadastral Zone A04, Asokoro District, otherwise known as No.60, Kwame Nkurumah Street, Asokoro, Abuja.

    The amount is above the threshold approved for an individual going by the provisions of Section 1 of the Money Laundering (Prohibition) Act 2004.

     

    Kalu

    The EFCC re-arraigned former Abia State Governor Orji Uzor Kalu at the Federal High Court in Lagos along with Udeh Udeogu and Slok Nigeria Limited on 34 counts of diverting N3.2billion Abia funds. They were first re-arraigned on September 27 before Justice Anwuri Chikere of the court’s Abuja division after the case got to the Supreme Court on interlocutory appeal following Kalu’s first arraignment in 2007. Kalu and his co-accused allegedly diverted about N3.2billion from the Abia’s treasury while he was the governor.

    The trial will resume on March 6 before Justice Idris.

     

    Ladoja

    Eight years after he was first arraigned, former Oyo State Governor Rashidi Ladoja, was re-arraigned at the Federal High Court in Lagos for allegedly converting N4.7billion from the state treasury to his personal use. The EFCC charged him along with Waheed Akanbi before Justice Mohammed Idris on eight counts of money laundering and unlawful conversion of public funds.

     

     Ex-ministers

    Former Minister of Interior, Abba Patrick Moro and others are being tried on an 11-count charge before Justice Nnamdi Dimgba of the Fedeeral High Court, Abuja. They are being prosecuted in respect of the botched March 15, 2014 National Immigration Services (NIS) recruitment exercise, were charged with obtaining money by false pretences, procurement fraud and money laundering.

    They are accused of defrauding 675, 675 graduate applicants of about N675,675,000 having been made to pay N1000 each as processing fees for 5,000 (five thousand) job openings.

    The prosecution is expected to continue its case when the court resumes in January.

    The prosecution is also expected to call more witnesses in the trial of former Defence Minister and Chairman, Board of Trustees, Peoples Democratic Party (PDP), Haliru Mohamed Bello was arraigned with his son, Abba and a company, Bam Projects and Properties.

    They were arraigned on January 5, 2016 on a four-count charge of money laundering before Justice Ahmed Ramat Mohammed of the Federal High Court, Abuja.

    Bello, his son and BAM are, in the charge marked: FHC/ABJ/CR/389/2015ý, accused of receiving N300m from the office of the National Security Adviser (NSA), Sambo Mohammed Dasuki on March 17, 2015 for political campaign under pretext that it was meant for a housing project named “Safe Houses”.

     

    Patience Jonathan

    Wife of former President Goodluck Jonathan, Dame Patience, has claimed the money in the companies’ accounts is hers. She is praying the court to unfreeze the accounts to enable her have access to her funds. The case comes up before Mohammed Idris on January 18.

    In late November, other accounts belonging to her, with about N9billion, were frozen by Justice Mojisola Olatoregun-Ishola. The case is also expected to make headlines this year.

    A case that will also attract attention when a date is fixed for hearing is the one filed by the first lady’s supporters against the Socio-Economic Rights and Accountability Project (SERAP) on her alleged $15million.

    The suit was filed at the Federal High Court by the Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance, which sued for themselves and on behalf of Mrs Jonathan.

    The plaintiffs claimed that the organisation is using online, print and electronic media to publish unfounded and malicious allegations that she allegedly stole $15m (US) and ought to be prosecuted.

     

    SERAP’s suit on budget

    padding

    The suit filed by SERAP asking the court to compel EFCC to investigate and prosecute the Speaker of the House of Representatives, Yakubu Dogara and others over budget padding, will generate public concern when hearing commences in the matter in the new year.

     

    Fani-Kayode/Nenadi Usman

    Trial of former Aviation Minister Chief Femi Fani-Kayode and former Minister of State for Finance  Senator Nenadi Usman will resume on January 16 before Justice Muslim Hassan of the Federal High Court in Lagos. They were arraigned by the EFCC on a 17-count charge of laundering about N4.6billion. They pleaded not guilty.

     

    Ex-NIMASA chiefs

    Four former Nigerian Maritime Administration and Safety Agency (NIMASA) workers were charged for corruption-related offences. One of them, Temisan Omatseye, was convicted for contract splitting and is on appeal after being granted a post-conviction bail. His appeal will come up for hearing this year.

    The trial of another former NIMASA Director-General Patrick Akpobolokemi, who is facing over five separate fraud and theft charges both at the Federal High Court and Lagos State High court, is expected to be concluded this year.

     

    Tompolo

    A former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo) was arraigned in absentia in no fewer than two charges along with Akpobolokemi.

    EFCC, on March 22, arraigned Tompolo in absentia over N34billion fraud after he failed to turn up despite being declared wanted. He was said to be “at large”. EFCC, in the 40-count charge before Justice Ibrahim Buba, said they allegedly diverted N34 billion for personal use, adding that the money accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist, said to be owned by Tompolo.  Other charges of stealing, advanced fee fraud and money laundering involving about N22.7billion are still pending against Tompolo before Justice Buba.

    The case will come up on Junuary 30 before Justice Buba.

     

    Adegboruwa

    The EFCC arraigned activist-lawyer Ebun-Olu Adegboruwa at the Federal High Court for allegedly dealing in a seized property. The commission said Adegboruwa and Jonathan Udeagbala, said to be at large, allegedly conspired on August 13, 2013 to lease a property at House 105, NICON Town Estate, Lekki, which EFCC said was a “subject of interim orders of attachment made by Justice Christopher Balogun of the Lagos State High Court” on June 18, 2012. But, On September 22, Justice Ayisat Opesanwo of the Lagos State High Court vacated the interim order of forfeiture.

    The case is adjourned to January 31.

     

    Amosu

    The EFCC arraigned a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) on June 29 along with a former Chief of Accounts and Budgeting at the Nigeria Air Force, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget Air Commodore Olugbenga Gbadebo at the Federal High Court in Lagos. EFCC accused them and some companies of converting N21billion from the Nigeria Air Force on March 5, 2014 in Lagos. They pleaded not guilty. The trial will resume on January 25.

     

    Dudafa

    The trial of a former Special Adviser on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo Dudafa, will resume before Justice Babs Kuewumi on January 23. He was arraigned at the Federal High Court in Lagos for alleged money laundering. He is facing two separate charges. In the case before Justice Kuewumi, he was arraigned with some companies, which pleaded guilty on September 15 to laundering $15,591,700 (about N5billion).

     

    NAMA MD

    Nigerian Airspace Management Agency (NAMA) Managing Director/Chief Executive Ibrahim Abdulsalam was arraigned at the Federal High Court in Lagos on April 7 for allegedly stealing N2.8billion. He was arraigned along with Nnamdi Udoh (said to be at large), Adegorite Olumuyiwa, Agbolade Segun, Clara Aliche, Joy Ayodele Adegorite, Randville Invesment Ltd and Multeng Travels and Tours Ltd on 21-count charge. They pleaded not guilty.

     

    Titi Abubakar

    Also in the news was the case by EFCC on how Mrs Aminat Titi Abubakar, wife of former Nigeria’s Vice-President, Alhaji Atiku Abubakar was defrauded of N918 million by some business partners including a former governorship aspirant in Akwa Ibom State, Nsikakabasi Akpan Jacobs before a Lagos High Court sitting in Ikeja. The EFCC arraigned Jacobs, Abdulmalik Ibrahim and Dana Motors on a 15-count charge of conspiracy, stealing and fraudulent conversion of properties belong to THA Shipping Maritime Services Limited, a firm in which she had vested interest.

     

    Fred Ajudua

    The trial of a Lagos socialite and lawyer, Fred Ajudua who allegedly duped former Chief of Army Staff, Lt.-General Ishaya Bamaiyi right inside Kirikiri Prisons made headlines throughout  the year and will continue to make headlines next year. Ajudua is scheduled to be re-arraigned for allegedly defrauding General Bamaiyi of $1 million. He is to face a fresh 28-count charge before the court presided by Justice Josephine Oyefeso.

     

    Rickey Tarfa

    A Senior Advocate of Nigeria (SAN), Mr Rickey Tarfa, was arraigned for alleged obstruction of justice. The EFCC said he prevented the arrest of his clients who are suspects in another matter. He was also accused of bribing a judge, an allegation he denied.

     

    Ofili-Ajumogobia/Obla

    The trial of Justice Rita Ofili-Ajumogobia of the Federal High Court will resume on January 9.  The EFCC accused her of collecting N5million gratification from a Senior Advocate of Nigeria (SAN), Chief Godwin Obla.

    She and Obla were arraigned on a 30-count charge at the Lagos High Court for allegedly conspiring to pervert the course of justice last May 21. EFCC said Obla transferred N5million to Nigel & Colive Ltd, a company the judge is a sole signatory to. The judge and Obla pleaded not guilty.

  • ‘Anyone who stocks Deji’s works would feel him’

    ‘Anyone who stocks Deji’s works would feel him’

    A speech by former Edo State Attorney-General and Commissioner for Justice Charles Uwensuyi-Edosomwan (SAN) on behalf of the Body of Senior Advocates of Nigeria (BOSAN) at a special court session in honour of the late Deji Sasegbon (SAN), a law reports publisher, who died last December 10 at 63.

    • Continued from last week

    To Deji, any encounter with me was an opportunity to practise the much Edo he garnered as a primary school pupil in Benin City while his father worked as a doctor there. He would jokingly howl some Edo vernacular expression he probably heard his family domestic staff utter and ask for a translation. If not this, he would regale you with fond stories of his stay in Benin City that metaphorically made that town his own. As a Bini, I am gratified that his stay in my beloved Benin City gave him so much happiness with fond memories. His nice stories compensated for all the concocted shady stories that others intending puns, tell of my Benin.

    For Deji, kindness was not just all rhetoric or laughs. He lived it in action even more. I recall with gratitude the huge discounts with which he favoured us young lawyers when in 1989 he came out with the must-have Nigerian Supreme Court cases – NSCC. Those volumes took law reporting to redemptive levels to cover the yawning space still left in law reporting that the revolution in legal practice wrought by the late Chief Gani Fewehinmi (SAN) on the establishment of the Nigerian Weekly Law Reports, had sought to cover. They offered a stripling young lawyer who had started practice for himself straight out of the National Youth Service (NYSC), the great opportunities of tooling him to stand his ground amongst very senior lawyers who had more law books.

    However, just like me, most Junior or young lawyers coveting these precious materials could barely afford them. When even the substantial discounts would not cut it for us young lawyers, Deji offered us generous payment plans that kept the precious books in our budding libraries. With those law reports and the subsequent publications- ((The Nigeria Companies & Allied Matters Act Law & Practice, Sasegbon’s laws of Nigeria (SLN Encyclopedia of Nigerian Law and Practice)) from his DSC publishing company, myself and young lawyers in my mold became more sure-footed in our game because Deji had put more in our tool bags than we would otherwise have had without his books.

    In a world full of fakes and hypocrites, Deji was of the small part that was the odd exception. He lived the code of his sublime and honourable upbringing and the creed of his personal travels. His sincerity was constant and was always expressed in action and in calm lower decibels. He made more impact with his calm voice than any bedlam that hypocrisy and insincerity can whip up. He was a powerful man who had the uncommon gift of showing his mercurial strength in his calm manners. But woe betide that other that would be so unfortunate as to chance on his mild mannered ways unduly. That person would be met with the untold ferocity of a keenly primed mind.

    As a lawyer, he was an asset in any legal team. I happened to have been in several high profile cases with him and at every turn, he showed rare insight into legal problems. His gargantuan physical size paled in comparison with his intellect in terms of their sizes. His recognition as a brilliant advocate as a silk should have come much earlier than it did by his conferment in 2004. His reputation as a conscientious and remorseless prosecutor is now the tale of legends. He prosecuted with the best in Lagos and the country that included the late Justice Abiodun Kensington, Justice Bode Rhodes-Vivour, the late Justice Bayo Manuwa, Mrs Ogunlami, and Fola Arthur-Worrey.

    Just as he was as brilliant an advocate, so was he principled in his ways. His personality, in its straight-forwardness was anathema to corruption, fakery, false airs and dishonesty. He transformed into a formidable opponent when confronted with any of these minuses in character. Now that Nigeria is fighting a war against corruption, Deji would have been the unblemished incorruptible candidate to lead that war for us.

    He would have conscientiously gone ahead with the job of cleaning out our Augean  stables and ridding us of the cancer of corruption along the lines of the redemptive axiom: “No Friend, No Foe”.

    Thus when one hears that Deji was a restive adolescent, the conclusion that the adolescent matured into a calm reflective personality, the sort of which was able to impact his trade – the law profession, leaving huge foot prints all over it by the sheer high-value of his publications and brilliant advocacy, leaving it much better than he met it, becomes compelling.

    His family, gutted today for their loss must feel lucky to have had such a blessing as one of them. He was a complete family man who excelled as Oge told us, as a husband and father. His immense ability to love his fellow human being poured itself abundantly on his family.

    Deji’s love for Oge his love, soulmate and partner with their children is the stuff of great family stories. His seamless care and attention built for them a very happy family that Oge even with growing age has remained beautiful, and their children transformed into well educated steady young people with great prospects. Deji’sdutiful love and care had much to do with these.

    Returning to the early posers dropped in this tribute regarding the adverb “almost” associated with “disconsolate”, one does take consolation in the truth that Deji though gone from our midst physically, would always remain with us. Anyone who stocks his seminal works in his library would always feel him.  Anytime one cites or references cases, or statutes or legal notations from any of his works, the phenomenon of his “isness” is reaffirmed in our consciousness.

    Concluding, Deji was the sum of his life’s journey. His family and pedigree that boast of a famous doctor for a father, a lovely and dutiful mother that personally over saw his growing-up; family relationships that connect famous names, such as Sir Kitoye Ajasa, Dame Oyinkan-Abayomi, Macaulay, Sasegbon and other names of solid Lagos, Egba and early-Nigeria establishment, bore and raised him with the highest standards, planting the seeds of high achievement in him.

    His circle of friends and band of brothers at the university in Ife enjoined him to imbibe the following:

    1. To assail against redundant convention – Deji attacked the yawning gap in law reporting and produced the NSCC;
    2. To abhor tribalism – He was, indeed, de-tribalised;
    3. To stand for humanistic ideals; He lived a humane existence;
    4. To live the ideals of true friendship in comradeship and chivalry – We his friends, and I am sure Oge his darling wife would be credible, competent and compellable witnesses to those parts of him.

    Through his said fraternal association, he learned to de-psychologise and impersonalise himself or his ego in favour of higher ideals, that impelled him to put others before himself; to prefer goodsense to sloganeering; to prefer truth to cant; to learn before leaping; to prefer progressive change over stasis and to act over yap by walking the talk. He thus became the kind of human being and a man I would want my grown son to emulate or the growing ones to be like in future.

    Deji, the lights went out for you on the morning of Saturday, December 10, last year. Regardless of our mortality that prevents us from continued physical fellowship with you, we would continue to cherish your memory and appreciate the Almighty for bringing you our way to impact us in all the wonderful ways you have done. Adieu my rugged brother. Sail away to your rest.

  • ‘Corruption is caused by leadership failure’

    ‘Corruption is caused by leadership failure’

    Manni Ochugboju, a law graduate of the University of Jos (UNIJOS), was called to Bar in 1992. In this interview with Legal Editor John Austin Unachukwu, he speaks on the anti-corruption war, the judiciary and sundry issues.

    What is your view on calls for justice sector reforms?

    The vision of the Justice Sector Implementation Strategy is commendable. It seeks to provide fair, timely, accessible, and equal justice for all Nigerians, in an efficient manner regardless of their ethnic group, gender, marital status, age, economic status, disability, religion, belief, culture, language or any other attribute, and to gain the confidence of the public in the administration of justice in Nigeria.

    What is your appraisal of the Administration of Criminal Justice Act?

    Without a doubt, access to justice continues to be an impediment to the masses, and exacerbates the growing inequality and social injustice. Regardless of our views of Mohammed Bello Adoke (SAN), the passing of the Administration of Criminal Justice Act, during his tenure as Attorney-General of the Federation is commendable. Equally commendable is the passing of the Freedom of Information Act.

    However, we are still saddled with the methodology and technology of the 19th Century that tediously delays the administration of justice. As delay is said to defeat equity, does a terribly delayed justice also not amount to a denial?  In sum, judicial reform must embrace, judicial independence, modernizing judicial administration and case management, enhancing the capacity of judges and court personnel.

    What  is your view of  the anti-corruption crusade?

    The anti-corruption crusade is a welcome corrective measure, which seeks to redeem the primitive mode of accumulation, by a marauding ruling class, on the brink of self-destruction. The Nigerian ruling class would consistently want to pull wool over our eyes, by always pointing to something else as the problem with Nigeria. Their recent bogeyman is the mischievous misinterpretation or misconception of federalism as confederation, with the duplicity of the so called “True Federalism” which exists nowhere. They would never admit their collective failure of leadership as the fundamental problem with Nigeria. So is it with the palliative arrest of some High Court and Supreme Court Justices. It is tinkering with the symptoms. The judiciary is part of the superstructure organically constructed by the Nigerian ruling class, in its own image. If our leaders don’t like the image reflected back at them in the mirror, then “physician, heal thyself”.

    On the other hand, the melodramatic, Nollywood, swashbuckling style, of the arrests, exploiting the media, for propaganda effect, is counterproductive as regards ensuring public confidence in the administration of justice.   Dr.  Olisa Agbakogba (SAN) argued on Channels TV that it amounts to subjecting the judges to inhuman and degrading treatment, that violates their human rights. Let’s not forget that the presumption of innocence acts as a shield as to however the public or others wish to persecute them.

    Why do you hold this view?

    If  the Senate President Bukola Saraki would refuse to step aside when he  was  indicted and  consequently went on trial, it amounts to double standards to ask the Justices of the Supreme Court to step down when they have not yet been charged. Is the Senate  sincerely engaged in the anti corruption crusade? With the disgraceful image of the Senate President being docked like a petty thief every other day? Their message to the rest of us is that the culture of impunity within the ruling class continues to hold sway.

    Are you justifying the allegations of graft against some high profile judicial officers?

    Well, I know many of our justices very well. They are mostly persons of exceptional intellect, integrity and nobility of spirit. They did not go to the Bench to accumulate wealth, but for the idealistic pursuit of justice and equity. A few bad apples among them should not encourage mob lynching of the majority, of innocent, hard working, brilliant and virtuous members of the Bench.

     What are your expectations from the Acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen?

    Our primary expectation is that Justice Walter Nkanu Onnoghen would be confirmed as soon as possible as the substantive Chief Justice of Nigeria. We trust that he would continue to support the “the war against corruption and misconduct in the judiciary.” He would satisfactorily deal with the perception of the NJC as being soft on the sanctioning of erring judges. He would be pushing for the appointment of more top quality judges to the Supreme Court, and enhancing the remuneration and welfare of judges.

    At the risk of sounding sentimental, I grew up in Cross River State. Justice Walter Onnoghen, with other senior colleagues, such as the late Justice E.T. Ndoma Egba, Senator Kanu Godwin Agabi, (SAN), Senator Victor Ndoma Egba, (SAN), and Paul Erokoro (SAN), where the lawyers we first knew. And they have continued to inspire us thus far. Without doubt, Justice Onnoghen’s confirmation as CJN will immensely enrich the critical jurisprudence of our courts, its Pan African perspective, the independence of the judiciary, the promotion of the rule of law and good governance.

    The issue of climate change is on the front burner globally, how do we key into this agenda?

    Unlike the President-elect of the United States, Donald J. Trump, we do not deny the reality and science of climate change. The evidence of rising global temperature, with adverse impact on  weather and climate, is beyond reasonable doubt. Many places experience changes in rainfall, resulting in more floods, droughts, or intense rain, as well as more frequent and severe heat waves. Glaciers and ice caps are melting, drought more recurrent, oceans are warming, and sea levels are rising. As these and other changes become more pronounced, they will present challenges to our society and our environment.

    In principles, the Federal Ministry of Environment is making constructive utterances as to how we should respond to this looming ecological hazard. As always, we talk the talk, but don’t walk the walk.

    Maiganga community petitioned the Minister of Environment over pollution in their area. What is your reaction to this?

    That petition was lodged against the background of a long history of the appropriate authorities’ failure, neglect or refusal, to heed the cry of the aggrieved communities. It is another cry for help, by a traumatised community, alarmed by the expansion of coal mining activities in their community, which has evidently aggravated the environmental degradation, pollution and other adverse consequences of the exploitation of coal resources in their community.

    The Maiganga community environmental degradation is a looming disaster. The fiendish type of ecological cancer that plagued the Niger Delta as a consequence of oil pollution has reared its demonic hydra head in the North East of Nigeria. Proposing to build a Coal Fired Power Plant is an insensitive, irresponsible, corporate arrogance of adding salt to injury. This corporate hypocrisy is even more poignant considering the company’s  home country France’s pageantry in hosting the Global Conference on Climate Change December 2015. While the landmark accord signed, that commits nearly every country to lowering planet-warming greenhouse gas emissions to help stave off the most drastic effects of climate change is being celebrated, France’s corporation is in Nigeria violating those agreements. The suffering people of Maiganga, Akko Local Government Area of Gombe State await the response of the Minister of Environment.

  • Lawyers advocate autonomy for councils

    Lawyers have called for the strenghtening of local governments to make them more efficient.

    Former Vice Chairman of Bauchi branch of the Nigerian Bar Association (NBA) Aniekan Mendie and a Port Harcourt-based lawyer Efremfon Usenideh said there was the need to ensure full autonomy for councils.

    The lawyers set an agenda for the newly appointed Akwa Ibom State Commissioner of Local Government and Chieftaincy Affairs, Udo  Ekpenyong.

    Ekpenyong was Special Adviser to former Governor Victor Attah on Political and Legislative Affairs.

    On his expectation from the com-missioner, Usenideh said: “The Commissioner’s duty must not be seen in the light of local government reforms. He must not be seen as one who will delve into building schools for local governments.

    “With his dexterity and profound political wisdom, I believe he will establish a nexus between the government and the grassroots for accelerated and effective government presence in the local community as envisaged by the Constitution which recognises local councils as third tier of government throughout the Federal Republic of Nigeria.”

    Mendie urged the commissioner to push for democratisation and financial autonomy at local government level.

    He said: “I expect him to deploy his experience in politics of the grassroots to propose and advise the governor  on the need to sustain democratic culture at local government level through conduct of election for the emergence of leaders at that level, as soon as possible, in accordance with section 7 of the Constitution of the Federal Republic of Nigeria.

    “Participatory democracy does not  take roots where there is no elected and responsible government at the grassroots level.’’