The Nation Newspaper

Category: Law

  • Catholic lawyers deplore Southern Kaduna killings

    The National Association of Catholic Lawyers (NACL) (Lagos Archdiocese) has condemned incessant killings in  Southern Kaduna.

    According to the Vicar-General of the Catholic Archdiocese of Kafanchan, Ibrahim Yakubu, 53 villages had so far been attacked, 808 people killed, and 1,422 houses and 16 churches destroyed.

    NACL urged the government to take urgent steps to restore law and order in Southern Kaduna.

    “If it is true that the criminals were from outside Nigeria as alleged by the Kaduna State government, we would like to know what the Federal Government has done or is doing to arrest the ugly situation and bring the perpetrators to book,” the lawyers said.

    The association faulted the introduction of a new curriculum that merges Islamic Studies and Christian Religious Studies from primary one to junior secondary school three.

    The lawyers said the unified education curriculum on religious studies designed by the Nigerian Educational Research and Development Council (NERDC) violates the Section 10 and 38 (1) and (2) of the 1999 Constitution.

    The sections provide that the government “shall not adopt any religion as state religion”; that every person “shall be entitled to freedom of thought, conscience and religion,” and that “no person attending any place of education shall be required to receive religious instruction…if not approved by his parents.”

    NACL said a textbook published in furtherance of the policy has Christianity and Islamic studies next to each other, and is capable of “leaving young impressionable minds at the mercy of their imaginations or the orientation of whoever the teachers are.”

    The lawyers, at a briefing in Lagos by their President, Geraldine Wey, and Chairman, Advocacy Committee, Matthew Egbadon, urged NERDC to come out with a clear policy statement reverting to the status quo ante.

    NACL also faulted a bid to establish a National Board for Arabic and Islamic Education to cater for Islamic education, saying there were already parastatals under the Ministry of Education, that cater for the special needs of Muslims.

    “We call on Mr Adamu Adamu, the Hon Minister of Education, to urgently withdraw the memo, which to say the least, is discriminatory and self-serving,” the association said.

    The association criticised the bill seeking to increase the powers and jurisdiction of Sharia Law by amending sections 262 and 277 of the Constitution, which limit the jurisdiction of Sharia Court of Appeal in Abuja to appeals in Islamic personal laws such as marriage and succession.

    The bill seeks to vest the court with powers to determine appeals in criminal matters. According to NACL, if the amendment is allowed, not only would Abuja no longer be a neutral place, the amendment would affect all Nigerians living in Abuja irrespective of their faith.

    “We urge the House of Representatives to jettison this Bill in the interest of peace and harmony in the country because its passage would violate the Constitution,” the association said.

    NACL demanded justice for Mrs Bridget Agbahime (74), who was killed last June 2 on the allegation of blasphemy.

    “The Federal Government working with the Kano State government must reopen the case, fish out the culprits and ensure that they are tried in accordance with the laws of the land,” NACL said.

  • Businessman petitions NBA over lawyer’s ‘misconduct’

    AN Aba-based businessman, Mr. Chibuike Nwigwe, has petitioned the Legal Practitioners Disciplinary Committee of the Nigerian Bar Association (NBA), Aba branch accusing Mr Chijioke C. Ogbonna of professional misconduct.

    But the lawyer denied the allegation, saying he did no wrong.

    In the petition, Nwigwe said the lawyer on April 15, 2008 prepared a leasehold agreement between him (Nwigwe) and late Chief Ben Nwafor to take over the management of the deceased’s uncompleted hotel under a “complete, operate and transfer” arrangement for a period of nine years.

    Nwigwe, an engineer, alleged that shortly after, Ogbonna and Mrs. Christiana Dike, told him they would want to sell off the hotel and share the money. He claimed that they offerd him N4million out of the proceeds.

    The petitioner said he rejected the offer because it contravened the terms of the leasehold agreement, which Ogbonna prepared. Moreover he said he had spent N15million in upgrading the hotel.

    The petitioner alleged that the lawyer in 2013 prepared an Irrevocable Power of Attorney in favour of Mrs. Dike purporting that Chief Ben Nwafor (owner of the property) who died and was buried in 2008 had transferred the property to her.

    Nwaigwe urged the NBA Disciplinary Committee to determine, among others, “Whether it was proper for C. C. Ogbonna who prepared the leasehold agreement between late Chief Nwafor and I, to go ahead and prepare Irrevocable Power of Attorney in favour of another person without my consent and when the leasehold he prepared still subsists.

    “Whether C.C. Ogbonna is allowed by NBA practice to in 2013 prepare an irrevocable power of attorney where it was claimed that Chief Ben Nwafor who died and was buried in 2008 appended his signature.

    Ogbonna, who admitted to preparing the leasehold agreement and the Irrevocable Power of Attorney, however, denied any wrongdoing.

    “I did not do anything wrong, neither did I meet with the petitioner to offer him any money that will emanate from the sale of the building as he alleged. He was just out to tarnish my image,” said the lawyer.

  • Ayangburen knows fate on Monday

    AN Ikorodu High Court will on January 9 decide whether or not to stop Oba Kabiru Adewale Shotobi from parading himself as the Ayangburen of Ikorodu land.

    Justice Olushola Williams reserved ruling on the suit filed by Princes Tajudeen Odofin, Tayo Ladega and Gbolahan Onabanjo challenging Oba Shotobi’s appointment after listening to the opposing counsel.

    The claimants in the suit filed by their counsel Mr George Oguntade(SAN), are seeking an order of interlocutory injunction restraining Oba Shotobi from parading himself as the Ayangburen.

    They are also seeking an order of interlocutory injunction restraining Oba Shotobi, the first respondent, from collecting royalties and salaries from the Lagos State Governor, and the Attorney-General as well as the Commissioner for Local Government and Community Affairs, who are the second, third and fourth respondents.

    They also sought an order of interlocutory injunction restraining the second, third and fourth respondents from paying royalties and salaries to the Ayangburen.

    The Lisa of Ikorodu, Chief Zaccheus Odusoga, the Apena of Ikorodu, Chief Kareem Ore, the Oponuwa of Ikorodu, Chief Jacob Adaraloye and Solomade of Ikorodu, Chief Afolabi Adekayaoja are the fifth, sixth, seventh and eighth respondents.

    Arguing his application for an interlocutory injunction against Oba Shotobi and other respondents, Oguntade said an Odofin could not metamorphose into a king.

    He said the matter before the court was not the 2007 consent judgement delivered by Justice Habib Abiru (now of the Court of Appeal) and the  judgement of Justice Savage delivered two years ago in another suit but that “the issue is whether he (Oba Shotobi) is qualified to be king. It is an abomination for an “Odofin” and “Iwarefa” to become king when he has not relinquish the position of “Odofin”.

    “The issue at hand is whether the first respondent, being an Iwarefa, a king maker has a personal right in law, qualified to have contested for the Ayangburen obaship stool without first relinguishing the title of Odofin of Ikorodu,” he argued.

    He added that the issue of whether a sitting Odofin can metamorphose into a king was also not determined in the 2007 consent judgement because it had not arisen at that time.

    According to him, the issue of the first claimant and others giving undertaken not to contest the decision of the kingmakers cannot constitute a matter to contest the jurisdiction of the court.

    The first respondent, he said, having filed a letter of intent to vie for the stool of Ayangburen cannot be a reason to contest the jurisdiction of the court to entertain the claimants’ application seeking to restrain him as Oba of Ikorodu.

    Oguntade urged the court to dismiss the respondents’ objection for having failed to file their response to the claimants application within six months, pointing out that their response was filed outside the time frame stipulated by the law.

    Earlier, counsel to the first, fifth to eighth defendants, Mr O. Fabunmi urged the court to dismiss the claimant’s application for lack of jurisdiction and abuse of court process.

    Asking for dismissal of the application, he said the claimants had no moral obligation to institute the action since the first respondents, like other candidates, wrote a letter of intent to contest the stool.

    Raponding to a question by the court, Fabunmi admitted that Oba Shotobi was a kingmaker before his installation but stressed that there was no law that says that a kingmaker cannot contest the position of Ayangburen.

    According to him, before the selection was made, all the 25 candidates that vied for the stool of Ayangburen agreed to accept the decision of the kingmakers. This, he said, explained why no other person filed any action in court against the emergence of Oba Shotobi.

    He said nothing was said in the claimant’s application about the letter of intent written by Oba Shotobi to contest the stool.

    “The issue of kingmaker was raised in the originating motion before Justice Savage. But he held that he can vie and contest in his judgement”, he said.

    Answering another question Fabunmi said the issue raised in the originating motion decided by Justice Savage was not to uphold an earlier consent judgement of the court on whether the first respondent, (third respondent in the suit before Justice Savage) is not bound and “estopped” from being presented and selected from any future chieftaincy title.

    He insisted that since Odofin participated in the selection of Oba Shotobi, the only avenue open to him is to appeal the decision of Justice Savage and not to file a new application.

  • Appeal Court hears Gadzama’s case Jan. 25

    The Court of Appeal in Abuja has fixed January 25 for hearing of an interlocutory appeal filed by Chief Joe-Kyari Gadzama (SAN), claiming to have won the last Nigerian Bar Association (NBA) presidential election.

    When  the matter came up last December 13, the court urged parties to put their houses in order.

    Gadzama’s lead counsel, Chief Emeka Ngige (SAN), sought to move the appellant’s motion for accelerated hearing of the appeal.

    But some of the respondents raised issues of service of the motion, arguing that the motion was not ripe for hearing.

    Some of them complained that no notice of appeal, record of appeal or appellant’s brief was served on them.

    They requested that the processes “and other subsequent processes” be served on them.

    Ngige led Sebastine Hon (SAN), Gabriel Tsenyen, Mrs. Ozioma Izuora and 11 other lawyers for the appellant.

    Last December 7, Gadzama filed an affidavit of urgency praying the Presiding Justice of the Court of Appeal for the assignment and hearing of the appeal.

    Gadzama went to the Appeal Court following the high court’s rejection of his plea to consolidate the substantive suit with the respondents’ preliminary objections.

    Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court had on November 8 held that the preliminary objections would be heard first.

    In a Notice of Appeal brought pursuant to Order 6 Rule 2 of the Court of Appeal Rules 2011, the appellant raised three grounds of appeal upon which the judge’s ruling is being contested.

    According to Gadzama, “The Appellant’s suit is neither unworthy nor fruitless as to warrant being terminated at infancy without considering the substance of the suit.”

    He also contended: “Having observed that the issues raised and the authority of AMADI VS NNPC (2000) 10 NWLR (pt. 674) 76 cited to him was ‘ordinarily in the interest of justice to avoid unnecessary waste of time,’ the court ought to have followed the salutary principle of law enunciated in the said decision which is binding on it.”

    The appellant further stated: “A trial or intermediate court confronted with a preliminary objection to the competence of the suit in a matter of which time is of essence is required in the interest of justice to consolidate the hearing of the objections with the substantive suit and deliver a composite decision comprising of the ruling on the objection as well as judgement on the substantive matter.”

    According to Gadzama, “Having classified the appellant’s counsel’s submissions as ‘very useful,’ the court ought not to have departed from the course of doing substantial justice by succumbing to ‘dogged submissions’ of Respondents’ counsel in the realm of arid legalism.”

    He further noted that the trial judge “erred in law when he dismissed the appellant’s application for the consolidation of the preliminary objections with the substantive suit, despite the perishable nature of the subject matter of the suit,” adding that “The 15th respondent (Mr. Abubakar Mahmoud, SAN) has already been sworn in as the President of the Nigerian Bar Association for a single term of two years from August 2016 to August 2018 despite the service on him of a motion on notice before the trial court seeking to restrain his swearing-in.”

    On the reliefs being sought, the Notice of Appeal states that the appellant is seeking “an order setting aside the decision of the High Court of the Federal Capital Territory contained in the ruling delivered by Hon. Justice Y. Halilu dated 8th November, 2016.”

    Gadzama is also seeking “an order directing the consolidation of all pending preliminary objections/applications filed by the Defendants/Respondents with the substantive suit in this matter” as well as “An order directing accelerated hearing of the matter at the High Court of the Federal Capital Territory.”

  • Events that shook Judiciary in 2016

    Events that shook Judiciary in 2016

    2016 can be described as an eventful year in the history of the Judiciary. From the arraignment of high profile persons, a contentious Nigerian Bar Association (NBA) election and arrest of some judicial officers to the appointment of an acting Chief Justice of Nigeria (CJN), it is a year to remember. Eric Ikhilae, Adebisi Onanuga, Joseph Jibueze and ROBERT EGBE highlight some of the issues that made news.

    The outgoing year will be remembered for a lot of reasons.
    It was the year that judges, including two justices of the Supreme Court, were arrested for corruption allegations. We serve you a treat of major developments that shaped the judiciary in the year.

     

    ‘Sting operation’

    No fewer than three judges are currently on trial for corruption. The Department of State Services (DSS) said it recovered over N270million from the houses of the judges it raided late on October 7 and in the early hours of the following day.

    Those arrested in the wake of the raid were Justices Sylvester Ngwuta and Inyang Okoro both of the Supreme Court, the suspended Presiding Justice of the Court of Appeal, Ilorin Division, Justice Mohammed Ladan Tsamiya , Justice Kabiru Auta of Kano State High Court and Justice Adeniyi Ademola of the Federal High Court, Abuja.

    The summary of money recovered from some of the justices are as follows: Justice Ademola – N54million, $171, 779.00, £80.00, 1,010.00 rupees, and €4,400.00; Justice Ngwuta – N35, 208,000, $319,475, £25,890, €280 , 380 UAE, 420 Gambia Dalais, four Argentine Notes, and 20 Ghana Cedis; Justice Okoro: N4, 350,000, $38, 833, £25,890, and €1,000.00.

    Justice Ademola and his wife Olabowale, in a 15-count charge filed against them by the Federal Government, were accused of “ N248,101,300 and $520,000  as gratifications from law firms and others between 2013 and this year.

    Justice Ngwuta was arraigned for allegedly transferring the total sum of N505 million “denominated in naira and US dollars” to a building contractor, Nwamba Linus Chukwuebuka, between January and May 2016. The N505milion was alleged to be part of proceeds of Ngwuta’s “unlawful” activities.

    Justice Rita Ofili-Ajumogobia, whose house was not raided, was arraigned by the Economic and Financial Crimes Commission (EFCC) for allegedly collecting N5million gratification from a Senior Advocate of Nigeria (SAN), Chief Godwin Obla. She had earlier been barred from elevation to the appellate court for gross misconduct.

    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.

     

    Saraki’s trial at CCT

    The trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT) dominated the news in 2016.  He is facing a 13-count charge of false assets declaration. The case has witnessed delays since the charge was filed on September 14, last year. Although Saraki took his plea on September 22, 2015, the prosecution has been unable to move beyond calling its first witness. It took the defence 14 adjournments, spanning over seven months to cross-examine the first prosecution witness. The trial will resume on January 11.

     

    Trial of Dasuki and others

    Former National Security Adviser (NSA), Sambo Dasuki is facing three charges. In the first case, he is charged with money laundering and illegal possession of firearms. The ex-NSA was arraigned before Justice Adeniyi Ademola of the Federal High Court, Abuja on September 1, last year. In the second case, Dasuki was charged with former Director of Finance, office of the NSA, Shuaibu Salisu; a former Executive Director of the Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and his two companies –  Acacia Holding Limited, and Reliance Referral Hospital Limited for allegedly diverting public funds running into billions of naira. In the third case, Dasuki was charged along 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.

     

    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 last year.

     

    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 of breach of trust, corruption and money laundering. He was also arraigned before Justice Ishaq Bello of the High Court of the Federal Capital Territory (FCT) on January 21. He was charged with destruction of evidence.

     

    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:FHC/ABJ/CR/46/2016, before Justice Okon Abang of the Federal High Court, Abuja. They were 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 as the Chief of Air Staff, Air Chief Marshal Mohammed Diko Umar (retd), who was arraigned on May 11 before Justice Binta Nyako of the Feederal High Court, Abuja. He is being tried on a seven-count charge bordering on money laundering, criminal breach of trust and 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

    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.

    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.

    Other former governors whose trials made news include Muritala Nyako (Adamawa), Sule Lamido (Jigawa), Jolly Nyame (Tarba), Joshua Dariye (Plateau), Gabriel Suswan (Benue),  and former Imo State Governor, Ikedi Ohakim.

     

    Ex-Ministers

    Former Aviation Minister Chief Femi Fani-Kayode and former Minister of State for Finance  Senator Nenadi Usman were arraigned by the EFCC on a 17-count charge of laundering about N4.6billion. They pleaded not guilty.

    Former Minister of Interior, Abba Patrick Moro, a Deputy Director in the ministry, F. O. Alayebami; former Permanent Secretary in the Ministry of Interior, Mrs. Anastasia Daniel-Nwobia and a firm, Drexel Global Tech Nigeria Limited were arraigned on an 11-count charge before Justice Nnamdi Dimgba of the Fedeeral High Court, Abuja. 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  job openings.

    Also, a 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 on a four-count charge of money laundering before Justice Ahmed Ramat Mohammed of the Federal High Court, Abuja. They were accused of receiving N300million from the Office of the National Security Adviser (NSA), Sambo Mohammed Dasuki on March 17, last year for political campaign under pretext that it was meant for a housing project named “Safe Houses”.

     

    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. The EFCC former acting Directors-General Calistus Obi and Haruna Jauro at the Federal High Court in Lagos for alleged fraud involving N682.9million.

    Obi, a former NIMASA Executive Director, Maritime Labour and Cabotage Service, took over from Patrick Akpobolokemi, who is facing over five separate fraud and theft charges both at the Federal High Court and Lagos State High court.

    Obi was relieved of his duties less than a week later, and was replaced by Jauro, who was Executive Director, Finance and Administration. Jauro was charged along with Dr. Dauda Bawa and Thlumbau Enterprises Limited on 19 counts of converting a total of N304.1million belonging to NIMASA.

     

    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.

    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.

     

    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.

     

    Patience Jonathan/Dudafa

    A former Special Adviser on Domestic Affairs to ex-President Goodluck Jonathan, Waripamo Dudafa, was arraigned at the Federal High Court in Lagos for alleged money laundering. He is facing two separate charges. In the case before Justice Babs Kuewumi, he was arraigned with some companies, which pleaded guilty on September 15 to laundering $15,591,700 (about N5billion). 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. In late November, other account belonging, with about N9billion, were frozen.

     

    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.

     

    Lekki building collapse case

    Lekki Gardens Managing Director, Mr Richard Nyong, was arraigned before an Ebute Metta Chief Magistrate Court. The Lagos State government is prosecuting Nyong over the collapse of a five-storey building still under construction and in which about 30 people, including construction workers, died.

     

    Oniba of Iba kidnap case

    Suspected kidnappers, Duba Furejo, Ododowo Isaiah, Reuben Anthony and Yerin Fresh, who allegedly abducted the Oniba of Iba, Oba Goriola Oseni, were arraigned at the Lagos State High Court in Ikeja. The defendants are standing trial on an eight-count charge  of kidnapping of the monarch, conspiracy, murder, attempted murder, robbery, armed robbery and felony preferred against them by the Lagos State Government.

     

    Titi Abubakar vs Nsikakabasi Akpan Jacobs

    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 company 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.

     

    Ricky Tarfa (SAN)

    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.

     

    New judges

    Thirty-five new judges were appointed to the Federal High Court bench, but the process was faulted by a human rights group, the Access to Justice, who alleged the vacancies were not advertised.

     

    Acting CJN

    Following the retirement Justice Mahmud Mohammed, President Muhammadu Buhari swore in the next most senior Justice of the Supreme Court, Justice Walter Onnoghen, as the Chief Justice of Nigeria (CJN) in acting capacity. Many have faulted the appointment of the head of an arm of government in acting capacity. The fear is that the judiciary’s independence is in jeopardy.

     

    Judges sanctioned

    In October, the National Judicial Council (NJC) recommended the Chief Judge of Enugu State, Justice I. A. Umezulike, for compulsory retirement and Justice Kabiru Auta of Kano State High Court for dismissal. The NJC recommended Auta for prosecution over an allegation that he collected N197million  from Alhaji Kabiru, who wrote a petition to the NJC against him.

    Justice Umezulike was retired for delivering judgment in a case 126 days after final addresses were adopted by parties, and for other instances of abuse of office.

    The judge, during his book launch, allegedly received a donation of N10million from a businessman, Prince Arthur Eze, who had “vested interest” in two cases that were before the judge.

    Other judges who were also disciplined by the NJC in the year were Justice Oluyinka Gbajabiamila (Lagos State High Court), Justice Idris M. J. Evuti (Niger State High Court), Justice Tanko Yusuf Usman (Niger State High Court), Justice Ofili-Ajumogobia (Federal High Court, Illorin Division), Justice Mohammed Yunusa (Federal High Court, Enugu Division), Justice Olamide Oloyede (Osun State High Court) and Justice B.T. Ebuta (Cross River State High Court).

     

    New Supreme Court justices

    Four Justices were appointed to the Supreme Court bench this year while four retired. The Justices elevated to the Supreme Court Amina Augie, Ejembi Eko, Adamu Galinje and Sidi Bage. Those who retired from the bench were Justice Muhammad Muntaka-Coomassie, Justice Suleiman Galadima and Justice John Fabiyi.

     

    NBA election

    Former Kano State Attorney-General and Commissioner for Justice, Abubakar Mahmoud (SAN) was declared winner of the Nigerian Bar Association (NBA) election held in late September. He polled 3,055 votes to beat his challenger Chief Joe-Kyari Gadzama (SAN), who scored 2,384 votes out of 5,439 votes cast.

    But, Gadzama told the High Court  in Abuja that he polled 2,963 votes, rather than the 2,384 announced by the electoral committee. He said Mahmoud actually polled 2,465.  The contentious election was also the first time NBA would deploy electronic voting and universal suffrage.

     

    Deaths

    Among deaths recorded in the judiciary in the year were Justice Evo Chukwu, who died on June 9, aged 51;  former Supreme Court Justice Niki Tobi, who died on June 16, aged 75; former Minister of State for Labour, Mr. James Ocholi (SAN), who died in an auto crash alongside his wife and a child on March 6, former NBA Secretary-General of the NBA, Mr. Obi Okwusogu (SAN), who died in Lagos on November 22, Mr. Deji Sasegbon (SAN), who died on December 10, aged 63; human rights lawyer, Mr. Fred Agbaje, who died on November 26, Sir Olaniwun Ajayi, who died on November 3, aged 91 and a Port Harcourt-based lawyer, Mr. Ken Atsuete, was assassinated on August 28 at his home.

  • Wanted: New lunacy law

    Wanted: New lunacy law

    Some crimes are committed under the pretence of insanity. Murder and rape have been blamed on madness. Should laws on insanity remain the same?ADEBISI ONANUGA asks.

    Stakeholders in the justice and medical sectors gathered to examine how acts of lunacy can eradicated.

    The occasion was at a summit on “Mental Health and the Law” held at as part of events marking the new legal year.

    It attracted serving and retired judges, members of the body of benchers, lawyers, notable medical practitioners and psychiatrists.

    Chief Judge of Lagos, Justice Oluwafunmilayo Atilade emphasised the need  for an urgent and comprehensive review of the Lunacy Act of 1958 to bring it up to date with global standards.

    Although new laws such as the Mental Health Bill, 2013 and 2009 coupled with the Nigerian Mental Health Bill of 2013 are being used in place of the archaic Lunacy Act, Justice Atilade contended that the laws remained grossly inadequate.

    “Presently, the Lunacy Act of 1958 requires a comprehensive makeover, not simply to get rid of the cobwebs or shed the toga of an antiquated legislation but to truly address what is a most serious issue underlying most dysfunctional behaviour in our society which due to our misunderstanding received the wrong or poor attention,” she said.

    Lagos State Attorney General and Commissioner for Justice, Mr, Adeniji Kazeem in his paper titled: Mental Health Law Reform – The Process so far in Lagos State, spoke of plans by the government to put in place a Mental Health Policy having reviewed and repealed the archaic Lunacy Law of 1916.

    He said the new Mental Health Policy is a reflection of the National Mental Health Policy introduced in 1991, adding that included in this new Policy, are sufficient strategies, details and assurance of funds to deliver its key objectives.

    Mr Kazeem said there are over 200  mental disorders. The common types, according to him, are depression; anxiety disorder; bipolar disorder; schizophrenia; dementia; attention deficit hyperactivity disorder; eating disorder.

    The Attorney-General said in 2011, government through the Ministry of Health, conducted a research on people living with mental disorders in Lagos State and found that 2.5 million people suffered from mental disorders due to depression or anxiety increasing cases of domestic violence; suicide and murder, which in most cases can be traced to the effects of the excruciating economic conditions.

    He explained that this was why the Lagos State Government in 2014 constituted a committee consisting of the Department of Psychiatry, Lagos State University Teaching Hospital (LASUTH) in conjunction with the Ministries of Health and Justice, to review the extant Law and draft a Mental Health Bill in line with the WHO checklist for evaluating a mental health policy which will result in the drafting of the required legislation.

    Head of the Family Court, Justice Yetunde Idowu, in her paper titled: Rape, Domestic Violence, Crimes of Passion: what the Law says, said poor mental health, or mental disorder could be said to have been responsible for numerous social vices and acts of violence.

    She associated mental disorder with societal vices, socio-economic pressures, emotional problems and political injustice, including act of terrorism.

    Justice Idowu argued that frequent abuse or violent attack on a person can lead to serious mental health problems, including post-traumatic stress disorder depression and anxiety.

    According to her, victims might need the service of a counsellor or a therapist to deal with the emotions, build self-esteem, and develop coping skills.

    Justice Idowu said mental health issues have been a critical factor in crime and criminal justice.

    “Available data indicate that women who are being abused by a partner are at increased risk of developing certain mental health problems such as depression and posttraumatic stress disorder (PTSD),” she said.

    Speaking on the Mental Health Law Reform, Abiodun Adewuya listed shortcomings in the Lunacy Act to include defective definition problems, which he said were far from the WHO’s definition/description of mental health issues.

    He said the act leaves too much discretion to medical practitioners and magistrates to determine who a “lunatic” is and whether treatment should be given or not. He said there is no provision for patients’ consent, nor opportunity for the person to contest or appeal against the detention.

    At the level of the state, he said the proposal for the review of the Lagos Lunacy Act, prepared by the Department of Behavioural Medicine, Lagos State University College of Medicine and Centre for Mental Health Research and Initiative (CEMHRI) is awaiting legislative and executive approval.

    Former Provost/Chief Medical Director, Federal Retired Neuropsychiatric Hospital, Aro, Abeokuta, Dr. Adegboyega Ogunlesi, in his paper titled:  Crime, The Judiciary and issues surrounding: The plea of insanity, said the legal and psychiatric professions on insanity and related matters may eventually be narrowed.

    According to him, mentally abnormal offenders stand to benefit immensely from this development.  He stressed the need for a continuous rubbing of minds between the judiciary, psychiatrists and other stakeholders to change the trend.

    He also advocated that legal training at all levels should incorporate relevant aspects of mental health principles.

  • ‘Zakzaky’s detention is illegal’

    ‘Zakzaky’s detention is illegal’

    A rights group, the Access to Justice (A2Justice), has decried the continued detention of Muslim cleric Ibrahim Yaqoub El Zakzaky despite a Federal High Court order that he should be released unconditionally.

    In a statement by its Executive Director, Joseph Otteh, the group urged the Federal Government to reverse the growing atmosphere of impunity and lawlessness.

    “Any further delay in releasing El Zakzaky will represent a direct and serious affront to the rule of law, a hardening of dictatorship behaviour in a democratic government and a dangerous abuse of power,” the group said.

    El Zakzaki and members of a sect, the Islamic Movement in Nigeria (IMN), had a clash with soldiers last December, resulting in the killing of over 348 members who blocked the highway being used by the Chief of Army Staff.

    A2Justice said while the Kaduna State government charged over 259 IMN members with the murder of one soldier, no military officer was charged for the killing of the group’s members.

    “Lately, Amnesty International published reports showing how the Nigerian military government is engaging in summary, arbitrary and extrajudicial executions of members of the Independent  Peoples of Biafra (IPOB).

    “The Buhari government is steadily emboldening a climate of impunity in governance, and   strengthening   the   hands   of   those   who   unleash   brutal   force   against   protesters.

    “However, impunity will not ‘change’ Nigeria for the better. Impunity breeds and feeds resentment and division, political and military conflict, radicalism and extremism and represents a revolving door for infinite cycles of violence.

    “Impunity will change Nigeria for the worse! We urge the Buhari administration to walk back this culture of impunity and lawlessness that is hardening in its security institutions, bring those who have whimsically killed innocent Nigerians to justice, and show more respect for the rights of the people who have voted it into power,” A2Justice said.

  • Court of Appeal: Challenges of justice dispensation

    Court of Appeal: Challenges of justice dispensation

    The Court of Appeal which is the second highest Court in the country occupies a central and critical position in the administration of justice. Apar from entertaining appeals from the States High Courts and the Federal High Court, the court serves as the final court in election petition and sundry matters.

    The judiciary was in the eye of the storm following allegations of corruption levelled against some judges of the High Courts and some of their brother Justices of the Supreme Court.

    As grievous as some of the allegations are, the presumption of innocence still avail the affected judges and justices until they are found guilty by courts of competent jurisdiction.

    The judiciary is indispensable for the existence of every society because it  provides the vital link and inevitable nexus in the necessary relationship between law and politics on one hand and between the executive and the legislature on the other hand.

    Where there is a political stalemate, it is the judiciary that resolves the tango by  interpreting the law as it is. Thus, it is the resourcefulness, ability, reliability, impartiality, fearlessness, courage, and autonomy of the judiciary that is always put to test when frivolous aspersions are made against those who interpret the  laws of the land.

    The public remains strategic to judiciary’s  course of nation building because democracy in a way  depends on what the Judges  make  of it; therefore, its last ray of hope lies with the Judiciary for the society and invariably, the common man.

    Among judicial institutions established by the Constitution is the Court of Appeal whose major responsibility in a democracy is the resolution of election petition cases.

    The Court of Appeal has been the final Court on Election Petition except in Presidential Election Petition since its establishment in 1976. Only recently, precisely in 2011, that the final decision in Government Election Petition became the concern of the Supreme Court.

    The ambience in which Court of Appeal is vested with the responsibility to uphold norms and Rule of Law is unprecedented in powers and Jurisdiction; hence the Judiciary is often referred to as a sharp tool that can be used to correct a failed system.

    In the dispensation of Justice, the Court of Appeal is manned by passionate, experienced and courageous jurists who have shown great  effort to make the justice system work despite the difficult conditions in which they work.

    Prior to the 2015 general elections, the Court under the purview of Justice Zainab Adamu Bulkachuwa,  introduced new rules to frustrate delays by lawyers with the fast-track Practice Direction, 2014 and Active Case Management (ACM) process with a fundamental objective of enabling the Court to deal with fast- tracking appeals quickly and effectively.

    The President Court of Appeal had explained during the unveiling exercise that the ACM process allows the Court to adopt the best skills and techniques to secure efficient and speedy administration of justice.

    Justice Bulkachukwa said: “What we do are in public domain, the court is empowered under the new Practice Direction, to Suo Motu exercise the various Case Management techniques to abridge time for compliance with the Rule, Practice Direction or Court Order, bring forward a proceeding, conference and consolidate proceedings.”

    The introduction of this mechanism contributed to the timely dispensation of Election Petition cases at the various tribunals.

    However, politicians and their cronies who believe that every decision of the court must be in their favour have subjected these honest and diligent Justices to malicious attacks thereby placing deep scars on them.

    Some of these  tirade against the Justices of the Court are  not unconnected with  the judgment of various Election Tribunals and it has become persistent with lawyers joining the fray.

    This strange bizarre and disturbing development of the attacks and bashing of the Judiciary was monumental and attracted the attention of the immediate past  Chief Justice of Nigeria, Justice Mahmud Mohammed ( CJN) as he then was,  who admonished politicians to be mindful of their utterances while expressing concern over the reactions that trailed the rulings of some election tribunals.

    In a terse statement, the CJN advised aggrieved politicians to lodge their petitions at the National Judicial Council (NJC) assuring them that the long arm of the Law will catch up with any Judge found wanting in the dispensation  of justice.

    He specifically admonished politicians to desist from politics without principles, while at the same time urging heads of government to refrain from disparaging the integrity and reputation of the Judiciary.

    He said: “This is against the backdrop of some Governorship, National and State Assembly Election Petition Tribunal matters in the country, where some politically exposed persons, governors and even lawyers to some litigants averred that these verdicts were influenced by the huge sums of money and political pressure.

    “It is not enough to attack Judges over corruption and bribery allegations and look away when thugs enter courts to beat up Judges and destroy court processes to prevent the delivery of judgments.

    “The fight against corruption is a collective responsibility especially amongst public officials, particularly the state governors who are equally the chief security officers of their respective states.

    “Corruption is a common denominator experienced by all sections of government as such; each Head of Government should look inwards to devise strategies that will clear the Augean Stables of corruption.”

    Apart from the CJN, many other Nigerians who appreciate the sacrifice and sleepless nights Judges go through in ensuring the sustenance of our democracy equally frowned at the nasty, below- the – belt campaign, mudslinging,  character assassination  and sundry attacks on Judges.

    Many people believe that judges are clothed with some kind of immunity from civil or criminal suits. But this perceived immunity is more apparent than real. Judges can be removed, suspended, reprimanded or censured by the NJC if they violate the law or ethical standard.

    Judges are different species of public servants as they are not supposed to represent constituents,  rather to serve the public by following the law regardless of personal preferences, political pressure, or popular will.

    Therefore, observers say attacks against judges for the decisions as a means of intimidation as well as institutional retribution against the Judiciary as a whole might inhibit Judges from performing their vital functions.

    Analysts say it is easy for a complainant to allege that a judge has engaged in a conduct prejudicial to the effectiveness and expeditious administration of the business of the court; while on the other hand, attacks on the judiciary, especially in general terms, threaten the institution itself because it tends to reduce the power and authority of the courts and make them more susceptible to public opinion, making the correctness of the judge’s decisions dependent on the popularity of rulings.

    If one is not satisfied with any decision of the court or tribunal, there is a window of hope for that person at the Supreme Court for further redress.

    This is why experts say there is no need for unguarded statements against the judiciary which are capable of inciting and heating up the polity.

    To them, such statements amount to a grievous disrespect and indignity to the persons of the jurists of the Court of Appeal and to the entire Judiciary as an institution.

    Observers say judges have contributed immensely to  the sustainability of democracy and should be commended. Therefore, where it is established that a particular judge has compromised his or her oath of office, there are appropriate steps to be taken rather than drag the entire institution into disrepute and ridicule.

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

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

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

    It is Christmas, but one with a tinge of grey for us lawyers, especially those who practice in the metropolis of Lagos. Just last week, on Friday,  December 16, this assembly was in this same foyer emplaced to give respects and honour to the memory of Obiekwe Okwusogu Esq, SAN and bid his spirit farewell to the great beyond.

    Today, another December day at Christmas made dreary by this solemn ceremony, we would do equal honour to the memory of Deji Sasegbon (SAN). He was, I am told, 63, an age when his foregone father, Dr. Ayodele Oladipo Abamikole Sasegbon, a famous doctor who ministered healing and comfort to many in various parts of Nigeria, including Benin City, and who lived well into his 80s, still felt comparatively like a young man.

    This event, therefore, brings us sad memories of our colleagues of the silk and other lawyers that have gone ahead, who while having achieved success in this business of lawyering did not achieve the ripeness of old age. From my memory, I would mention these names for remembrance so that we may while honouring our foregone colleague whose remains lie here at the bier, say a prayer for the continuous repose of their souls and for the eternal comfort of the loved ones they left behind. Chike Chigbue (SAN), Kole Aluko (SAN), Jibola Olanipekun (SAN), Seeni Okunloye (SAN), Mogbeyi Sagay (SAN), Sylvia Shinaba (SAN) and Amaechi Nwaiwu (SAN). None of these silken friends of ours made the biblical three-scores-and-10. Sadly, it would seem that some of the best of us have left early.

    Truly, Deji Sasegbon (SAN) has left us early and we are almost disconsolate. Why the adverb “almost” to moderate our disconsolation? Is it because we are without the emotional ability to grieve his final translation to the celestial spheres or that we really would not miss him, now that he has left our physical presence forever? The answers to these questions would unveil themselves in the course of this short speech.

    However without putting it away to a latter part of this tribute, let me on behalf of Deji’s friends say thank you to Oge Sasegbon, his wife for being such a full woman, wife, partner and soulmate to Deji. Oge’s love and care for Deji all through his illness earned her a perfect-10 as a virtuous woman whose duty as a wife and mother she performed flawlessly. We all saw her sharing his pain with such bravery that seemed to make some of us in all our fortitude, cowards in the face of adversity.

    I recall a conversation that myself, George Etomi, Esq and Oge had at the Hospital where Deji was being ministered to on the Thursday 8th December 2016, a couple of days before he passed with so much admiration. She exhorted us, myself and George, to please take of our health and that we should not be too busy as to ignore such matter of importance as our good health. It was then she revealed that it was uncompromising fidelity to professional commitment which prevented him from making a doctor’s checkup appointment that caused him his stroke. Listening to her, the regret of the costly consequence from missing that doctor’s appointment, in the long drawn ill health that besides taking Deji’s life, all but exhausted her and the family, became painfully obvious on her face. There and then, George and I made a pledge to hearken to her advice with the associated regret that Deji did not act in accordance with same to make the said doctor’s appointment that could have lengthened his life. The wisdom in Oge’s advice becomes more poignant when one realises how ungrateful some of the clients for whom we kill ourselves, are. Because we were in some cases together, we were owed together, and I know many of those clients who would become suddenly unavailable once the fruits of our services are reaped by them. We should all take Oge’s advice. Oge, we say thank you for your acts and labour of pure love to Deji and your family. May God Almighty console you and give you boundless joys in your beautiful children, Amen.

    Deji Sasegbon (SAN) was my friend because as lawyers, we were learned friends. But before we were friends, we were brothers belonging to a family banded together by a common campus fraternity, bonded in values, vision and action in brotherhood. He was a warm human being who despite his very high pedigree in Nigerian, Lagos and Egba societies, adorned himself with no chips on his shoulders. He was friendly in genuine ways that would put the shame into the saying that goes: A friend in need is a bloody nuisance. So I will for the rest of this tribute refer to him simply as Deji.

    All of his six-foot-seven brawny frame, he was at heart gentle and meek with his friends. There is a tale of Deji locking the gates of his high school in order to stop the concerned father of an Ibo classmate at the Comprehensive High School Aiyetoro from removing his son, away from the West to Eastern Nigeria as the heavy clouds of the Civil war darkened Nigeria’s skies in the 60s. Happily, that story ended with the return of the same friend to Deji after the war in a reunion that spoke heavily for true brotherhood that was the embodiment of warmth, charity and kindness, all rolled into one in Deji’spersonality.

    On a personal level, except when we were at work, it was all laughs around him. There was always a quip from him that would turn my face from the creases that marked an extant unpleasant circumstance into the soft ones of laughter. Since I argued Majek Fashek’s (the musician who sang “Send Down the Rain”) case against his erstwhile recording company for trying to hold him to a slave contract, all he had to do was rib me with “send-down-the-rain” for us to start laughing.

    • To be continued next week

  • Foundation honours ex-lawmaker

    The Hon. John Okoye Foundation has held the maiden edition of its marathon race for men and women in Aguluezechukwu town in Aguata Local Government Area of Anambra State.

    The mini-marathon race had a distance of 8.5 kilometres for the men and 3.6 kilometers race for the women.

    The foundation was instituted by the sons of the late Hon. John Okechukwu Okoye, who served in the Federal House of Representative from 1979 to 1983 in his honour.

    Among them is former presidential aspirant, Chief Godson Okoye and Lagos based lawyer, Mr Ifedi Okoye-John.

    The Aguata Local Government Sports Council, the Police, Federal Road Safety Corp, and a medical team with two ambulances were on hand to monitor the race.

    Traditional ruler of the of Aguluezechukwu,  HRH Igwe Felix Ebelendu, praised the foundation for using the marathon to unite the town, promote health consciousness, sports development and tourism.

    The coordinator, Okoye-John, said the marathon would be a yearly event.

    He said it would be expanded to accommodate participants from all the towns in Aguata Local Government Area of Anambra State and beyond in subsequent editions. Various prices were won by the constants