The Nation Newspaper

Category: Law

  • ‘Declare MTN’s unsolicited SMS as trickery’

    Human rights lawyer Waive Benjamin has asked the Lagos High Court, Igbosere, to declare the sending of unsolicited subscription text messages to his phone by MTN Nigeria Communications as trickery.

    He made the prayer, among others, last Friday as plaintiff before Justice Adeniyi Onigbanjo, in a 12-paragraph statement of claims dated September 20, at the commencement of Suit No: LD/ADR/492/2016.

    The plaintiff averred that the defendant, MTN, sent “a plethora of such text messages popping up on his phone,” from one of which a financial deduction was made on his airtime.

    He said shortly after recharging his line with N1000 on September 6, the defendant, without his knowledge, registered him for a gaming service and deducted N100 from his airtime, which was never reverted despite several complaints to the defendant.

    Benjamin said he was “irked and feels that there are many unsuspecting Nigerians from whose account the defendant is making such unsuspecting and unsolicited deductions on a daily basis”.

    He asked the court for a declaration that “the acts of popping up unsolicited SMSs on the plaintiff’s phone is trickery, calculated to hoodwink unsuspecting subscribers including the plaintiff and thereby making them subscribe to unwanted advertisement”.

    He also sought a declaration that the defendant’s act “is annoying, disturbing, frustrating and wrong’’, as well as an order of the court restraining the defendant from further registering its customers for such products without their knowledge.

    MTN’s counsel Mrs. Ayo Obe made an oral application for time to file her defence. Waive prayed the court for an adjournment to amend the suit and join the Nigerian Communications Commission (NCC) as a party.

    After granting the requests, Justice Onigbanjo adjourned till January 31 for hearing.

  • Should President lose his power over Conduct Bureau?

    The Senate may have stirred the hornet’s nest by stripping the President of his powers over the Code of Conduct Bureau/Tribunal (CCB/T). Was its decision informed by the ongoing trial of its president, Dr Bukola Saraki, for alleged false assets declaration? Or was it done with sincerity of purpose? ADEBISI ONANUGA examines the intricacies of the Senate’s amendment of the CCB/T Act, which is awaiting the concurrence of the House of Representatives.

    If the Senate has its way, the President will be stripped of his powers over the Code of Conduct Bureau/Tribunal (CCB and CCT) in the impending constitution amendment. Its Committee on Review of the 1999 Constitution has recommended that the President’s power be transfered to the National Assembly and the Judiciary. The panel’s recommendation is awaiting the concurrence of its House of Representatives counterpart before it will be sent to the President for assent.

    The recommendation is contained in the report, submitted last Thursday, to the Senate by the panel’s chairman, Deputy Senate President Ike Ekweremadu.

    If the President assents to the bill, his powers over the CCB/T would be transferred to the National Assembly and the Judiciary.

    The CCT has special powers. It is the only court that can order the trial of an elected person or  a public officer for violating the Code of Conduct. It can order them to vacate office or bar them from holding office for 10 years, or direct them to forfeit assets found to be in contravention of the law.

     

    Establishment of 

    CCB/CCT

    The CCT was established by Section 15(1) of the Fifth Schedule of the 1999 Constitution. It provides: “There shall be established a tribunal to be known as Code of Conduct Tribunal, which shall consist of a Chairman and two other persons.”

    Section 15 (2) states: “The Chairman of the tribunal must be qualified to hold office as a Judge of a superior court in Nigeria and shall receive such remuneration as may be prescribed by law.”

    Section 15 (3) says: “The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in accordance with the recommendation of the National Judicial Council (NJC).”

    Section 18 (1) provides: “Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code, it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.”

    (2)”The punishment which the Code of Conduct Tribunal may impose shall include any of the following: vacation of the office or seat in any legislative house as the case may be; disqualification from membership of a legislative house and from the holding of any public office for a period of 10 yearsl; seizure and forfeiture to the state of any property acquired in abuse or corruption of office.”

    18 (3): “The sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law if the offence is criminal in nature.”

    Under the CCB/T Act, public officers are defined as the President and the Vice-President; Governors and Deputy-Governors; the Senate President and Deputy Senate President; Speaker of the House of Representatives; Speakers and Deputy Speakers of Houses of Assembly and legislators.

    Others are the Chief Justice of Nigeria; Justices of the Supreme Court; Court of Appeal; other judicial officers and all members of the staff of courts of law; Attorneys- General of the Federation and States; Ministers and Commissioners; Service Chiefs of the Armed Forces; Inspector-General of Police, all members of the police and security agencies; Secretary to the Government and Head of the Civil Service, including permanent secretaries and members of the civil service, either Federal or State. Others are  Ambassadors, High Commissioners and officers of Nigerian missions, among other public servants.

    Although Section 4(2) of the 1999 Constitution, as amended, vests the National Assembly with the powers to make laws for the peace, order and good governance of the country, many observers, see the proposed stripping of the President of his powers over CCB/T in bad faith. To them, it is morally wrong, against the background of the ongoing trial of the Senate President, Bukola Saraki, at the CCT and President Muhammadu Buhari’s anti-corruption fight.

    Saraki is facing a 16-count charge of false declaration of assets, money laundering, operation of foreign accounts while in office as governor of Kwara State and collection of salaries as governor four years after the expiration of his tenure.

    Despite public outcry, the Senate amended Section 18(1) and (2) of the CCB/T Act.

    For instance, Section 18 (1) of the Act  says: “The President may, by order, exempt any cadre of public officers from the provisions of this Act if it appears to him that their position in the public service is below the rank, which he considers appropriate for the application of those provisions. But with the new amendment by the Senate, the word, “President” was replaced with “National Assembly” and “him” to read “it”.

    Also, Section 18 (2) is now: “to enable the National Assembly (instead of the President) do the conferment of additional powers (if need be) on the Bureau to enable it function  more effectively.”

    The bill, in addition, stripped the President of the powers of exempting public officers from investigation and trial. It gave that power to the National Assembly.

    Furthermore in the new amendment, heads of the CCB and CCT will be reporting to the National Assembly while the CCB is to draw the attention of those who breached the laws of the bureau  or non-compliance to the provisions of the Act before resorting to the CCT for prosecution, “provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary”.

    In addition, the President’s power on appointment of chairman and members of the tribunal, on recommendation of the NJC as contained in Section 20 (4) of the Act, was also taken away by the lawmakers by subjecting such appointments to the Senate for confirmation.

     

    Lawyers’ reactions

    Observers, however, see the decision of the Senate, which they termed as absurd, as an attempt to cover up their iniquities and  corrupt activities, pointing out the fact that the law should be amended to protect the poor masses, and not  public officers, whose assets were not genuinely acquired.

    They wondered whose interest the decision of the senate was meant to serve or whether the decision  was aimed at self serving. Others felt worried concerning what it portends for President Buhari’s  fight against corruption.

    Those who spoke on the new development included Dr. Joseph Nwobike (SAN); Vice President, Nigerian Bar Association (NBA), Monday Ubani; a member of Ogun State Judiciary Council, Abayomi Omoyinmi and former NBA Ikeja Branch Welfare Officer,  Samson Omodara.

    According to Dr. Nwobike, “since the Code of Conduct Tribunal exercises judicial powers, it should not be under the executive arm of the government. The amendment, he said, was consistent with the Constitution of the Federal Republic of Nigeria”.

    But to others, the decision of the Senate did not protect the public. Ubani insisted that, “notwithstanding, the provisions of Section 4(2) of the 1999 Constitution, as amended, which gives power to the National Assembly to make laws for the peace, order and good government in the federation or any part of the federation thereof, in carrying out this onerous constitutionally vested responsibilities, the legislators must ensure, and the represented must also be convinced that the law/s being enacted is/are for the “peace, order and good government in the country”.

    He said: “Having arrived at this premise that the above stated objectives are the irreducible minimum for law making by the Nigerian legislators, then we can go ahead to juxtapose this assertion with the recent move to amend the laws governing the Code of Conduct Tribunal when one of the principal members of that legislative assembly is undergoing trial before that same tribunal.

    “Even if the alleged amendment is altruistic, but for the fact that a principal member of that body is being tried by that tribunal, the so called suggested amendment will be seen as self serving and not one meant for the peace, order and good government in the country. In summary, therefore, the amendment may turn out to be in the interest of the country, but the timing of this new amendment is questionable and taking into account recent verbal threats by some of the legislators that they will come up with a shocking amendment puts the entire process into serious doubt about its genuineness.

    “It is important that we point out this fact that law making should not be targeted at any individual, either for or against, at any point in time. If there is any such law, it defeats the primary purpose of law making, which is for the interest and health of the country.

    “Let us even examine in details what is being suggested by way of amendment. What is the mischief this suggested amendment set to cure? Was it that the powers of the Executive being exercised over the CCT were abused? And if yes, by whom and in what manner? Was there enough input of critical stakeholders before this suggested amendment was regarded as the best option for us as a nation? What is the guarantee that the CCT under the judiciary will be the required solution to the mischief that the legislators are seeking to correct? So many questions begging for answers.”

    Omoyinmi said the decisions of the Senate Committee on Review of the Constitution recommending the removal of CCT under the presidency and putting it in under the judiciary obviously, is without  doubt, blot with ulterior intent on the committee part. This, perhaps, the senate committee did in view of the trial of the Senate President and thought will serve their overall interest in the national assembly.  Omoyinmi said he did not see them achieving much in whatever motive behind their recommendations that will change the concept behind setting up the CCT in the first place, whether it is under the presidency or the judiciary.

    “If under the judiciary the CCT will function in line with its objectives and powers derived under the constitution. It will not shy away from its role in trying public officers, who refute any aspect of the code of conduct for public officers as laid down in the fifth schedule part 1 of the 1999 Constitution,” he said.

    Omodara argued that the framers of the 1999 Constitution knew the appropriate thing by allowing the CCT to be under the control of the Presidency.

    To him, ”the recent amendment is curious and suspicious in view of the trial of the Senate President. “It is entirely within the purview of the Senate to amend the Constitution, but this one is not well intentioned by my own judgement and assessment,”he said.

     

    The Way Out

     

    Ubani suggested that the Senate Committee on Constitution Amendment should seek further input and debate the said proposed amendment in order to arrive at a more enduring and lasting reforms on the CCT. Laws, especially the ones that involve the constitution, which is the ground norm,  should not be made under sentiment, but on a well thought out process after wide consultation with critical stakeholders whose input will create wider acceptability of such law/s in the polity.

    Omoyinmi said if the recommendations sail through, the judiciary should see it as an additional responsibility in its duties to administering justice without fear or favour.

  • NBA seeks laws to prevent corruption

    NBA seeks laws to prevent corruption

    The Nigerian Bar Association (NBA) has called for laws that will prevent corruption.

    Its president Abubakar Mahmoud  (SAN) expressed “grave concern” that the anti-corruption crusade seems to focus on fighting corruption after it has occurred.

    To him, not much attention is paid to preventive measures with a view to minimising the incidence of corruption.

    “We strongly believe that prevention must equally be robust and effective. The current system is not sufficiently robust to prevent corruption from occurring within the public service system.

    “We call on the Federal Government of Nigeria to initiate measures that seek to prevent corruption from occurring, in addition to the fight after corruption has occurred.

    “The NBA calls on the National Assembly and the State Houses of Assembly to utilise their immense legislative powers, not only to strengthen existing anti-corruption laws and institutions, but also to consider the enactment of new anti-corruption laws in Nigeria that will be prevention focused,” Mahmoud stated.

    Accoding to him, ant-graft agencies need institutional and structural reforms to make them more efficient.

    Mahmoud, who spoke in Lagos at a forum to mark the International  Anti-Corruption Day, believed that  unless  there were institutional and structural changes in the laws establishing the anti-corruption agencies, desired result would not be achieved.

    Mahmoud said: “It is regrettable that in spite of all the efforts against corruption, Nigeria is still rated very low in the annual anti-corruption index of Transparency International.

    “We observe that although the Federal Government has established anti-corruption agencies, these institutions are bedeviled by certain institutional and structural constraints.

    “In view of the fact that anti-corruption crusade is part of our public interest programme  especially at the Bar and Bench, the NBA calls for urgent structural, legal and institutional reforms of the Economic and Financial Crimes Commission (EFCC) for more effectiveness and efficiency.”

    NBA praised efforts to fight corruption, noting that the legal and institutional frameworks be strenghtened.

    “To combat corruption successfully, a combination of strong legal and ethical frameworks and the presence of effective institutions are important for success.

    “We further recommend that the mechanisms for investigation and prosecution against corruption must be restructured and strengthened,” he said.

    Mahmoud restated NBA’s commitment to the fight against corruption, especially in the judiciary.

    He said only an independent Judiciary can fight corruption.

    “We call upon the Federal Government to ensure that adequate funds are allocated to the Judiciary as it prepares to present the 2017 appropriation Bill to the National Assembly.

    “It is expected that adequate funding will contribute to independence of the judiciary and reduce the incidence of judicial corruption.

    “With regards to the Bar, the Nigerian Bar association shall spare no effort in weeding out corrupt lawyers in the legal profession through diverse means including our disciplinary mechanism,” he said.

    He said erring lawyers would be disbarred in a bid to “make the legal profession unattractive for corrupt lawyers.”

  • ‘Effective, efficient laws can transform economy’

    ‘Effective, efficient laws can transform economy’

    Nigerian Law Reform Commission ( NLRC) Acting Chairman Kefas Magaji was called to the Bar in 1986. In this interview with Legal Editor John Austin Unachukwu, he speaks on law and economic development.

    How do you think we can get out of recession, from a legal point of view?

    A good legal framework enables institutions to operate effectively and efficiently. The effective enforcement of laws enables the citizenry to be orderly which consequently leads to an orderly society. An orderly society will give birth to profitable production, and when every productive sector or a greater number of them operate efficiently, recession will be a thing of the past. The major cause of recession in Nigeria stems from our corrupt tendencies which arise from a deliberate refusal to do things according to law. People have placed self interest over and above national interest.

    We still have some old laws in our statute books, what is your commission doing about this?

    It is true that we have laws in our statute books that are obsolete, but the Commission, which is also guided by law, has defined procedure and process for the reform of any legislation. When the Commission undertakes a reform, the recommendation which is the result of the reform exercise does not automatically become a law, but the recommendation goes to the Attorney-General first, then the Federal Executive Council. The Federal Executive Council will thereafter send it to the National Assembly for enactment into law. The Nigerian Law Reform Commission is not involved in transmitting the recommendation from the office of the Attorney-General to the Federal Executive Council, neither is the Commission involved in the transmission of the recommendation to the National Assembly.

    Why have you not reformed many of the obsolete laws in our statute books?

    It is not as easy as that. The reform of any law involves the participation of  several stakeholders, which include the operators and consumers  of the law. To ensure the participation of these stakeholders, a lot of funds are required which starts  from the research stage, consultation stage, involvement of expert in the area and the bringing together of the stakeholder under one roof in order to discuss the merit or otherwise of the proposed reform. To ensure the credibility of the process and the independence of the Commission in undertaking the reform, Government provides the funds for the exercise through the National Budget. Where no budgetary allocation is made, the Commission cannot undertake the reform no matter how desirable the reform is.

    What are the challenges facing law reform in the country?

    Low implementation of reform recommendations: The enacting authority is the National Assembly and since the Commission’s recommendation is required to be submitted to the Attorney-General, some Attorneys- General in the past, have opted to keep the report in their shelves in their offices. This position has compelled the National Assembly in recent times to propose the amendment of the Law Reform Commission Establishment Act to enable the Commission simultaneously submit the recommendations to the National Assembly. This proposal for amendment is now before the National Assembly.

    Inadequate funding because  for an in-depth and thorough research, law research officers should be properly trained and in technology driven world, they should be provided with tools and facilities that will enhance research. Again, the Commission should have a library that is sufficiently equipped with legal materials for thorough research. The Law research officers should be well remunerated   and motivated.

    What other challenges do you face in the process of doing your work?

    Lack of proper office space is another challenge facing us. The Commission should have a conducive office environment that will encourage research. Law Reform Commission in most Commonwealth jurisdictions have their separate office building sufficiently equipped with exchange programme and research materials that promote uniformity in Law reform exercises. The position in Nigeria, however, is that, the Commission is squatting in the Federal Ministry of Health building.

    And finally, low remuneration of law research officers, the Commission has over the years suffered a lot of brain drain of its research officers due to very low salary structures. Lawyers in the State Ministry of Justice are better paid than lawyers in the Nigerian Law Reform Commission. The Commission is essentially involved in research in its reform process; the research officers therefore, should have been paid the same salary with research institutes  or centers.

    You just finished a workshop in your office, what was the topic of the workshop and were you able to achieve the objective of the workshop?

    The Commission just held a national workshop on November 22, 2016 on Money Laundering Legislation: the Reform of the Foreign Exchange (Monitoring and Miscellaneous Provision) Act, LFN 2004.

    So, how did it go?

    The commission identified some defects in the Act which if amended, will greatly improve the legal framework for Foreign Exchange market and to some extent sanitise the market in Nigeria.

    The Commission in its traditional manner of identifying defects in any legislation, considered the provisions in similar legislation from other jurisdictions,  particularly in Africa where the foreign exchange market is fairly stable.

    The Commission at the said workshop, placed  before experts in the field and stakeholders the proposals for reform and rationale for discussion.

    Inputes were obtained and the Commission will subsequently digest the views expressed,  so as to come up with our recommendations for onward submission to the Attorney- General of the Federation.

    Clearly, I will answer in the affirmative that the objectives of the workshop was achieved.

    One of the major concerns of the current administration at the centre is war against corruption, how can we achieve success in this project through law reforms?

     Law reform can positively contribute to the current war against corruption by identifying laws that can strengthen the anti-corruption agencies to perform optimally. Furthermore, laws that are often abused so as to facilitate corruption could be amended to plug all loopholes.

    Again, law reform includes considering the enactment of laws in areas that have no existing laws, which if made or enacted, will address corruption and corrupt tendencies.

    Your call for the criminalisation of keeping foreign exchange in the country has been criticised. What actually happened?

    There has been some attack on some of the proposals we have put forward, such as the provision that criminalises any person who hoards or keeps foreign currency in his possession for more than 30 days without depositing it in a domiciliary account. The proposal seeks to punish any person convicted for such an offence with two years imprisonment.

  • Copyright commission to go digital

    Copyright commission to go digital

    The Nigerian Copyright Commission (NCC) will soon go digital to enable it to discharge its obligations well, Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) has said.

    He spoke in his office in Abuja during a meeting with a delegation of the Copyright Society of Nigeria (COSON) led by its Chairman, Chief Tony Okoroji.

    Malami  said the NCC would be energised such that it would graduate from its present analogue approach to the enforcement of copyright law to a new and muscular digital approach.

    The minister pledged that the creative sector would soon see developments arising from the meeting.

    Okoroji said his delegation was in Abuja to engage critical policy makers in the Buhari administration on how to harness the potential contributions, which the creativity sector could make to the development of the economy.

    “For a long time, there has been too much talk without action and people are getting disillusioned. In the present economic environment, the Nigerian nation must recognise the necessity to fully deploy the substantial comparative advantage, which Nigeria possesses with its creative industries.

    “It is doable to use this sector to provide hundreds of thousands of well-paying jobs for the teeming masses of Nigerian youths who parade the streets of our country almost hopelessly and which hopelessness invariably attracts them to become labourers in the devil’s workshop,” he said.

    Okoroji said the era when the Nigerian economy almost completely dependent on oil and gas was in the nation’s past and would not come back and Nigeria’s future will have to be built on the creative ingenuity of the Nigerian people.

    He said the ingenuity can be seen in how wide Nigerian music, movies, literature, fashion, programming, and similar products of the creative endeavours  are in demand across the world. Okoroji emphasised that the nation must not only ensure that the demand for Nigeria’s creative products around the world is met but that in meeting the demand, appropriate value is received by Nigerian citizens.

    While in Abuja, the COSON delegation also met with the Minister of Communications, Mr Adebayo Shittu and the Minister of Information and Culture, Alhaji Lai Mohammed.

    In the delegation were Afro juju star, Sir Shina Peters, Rub-a-dub maestro, Ras Kimono, Gospel music star, Kenny Saint Best,  Queen of love, Azeezat Allen, COSON General Manager, Mr. Chinedu Chukwuji and COSON Public Affairs Consultant, Mrs. Lucy Ajayi.

  • Court adjourns Isara-Remo stool dispute to Feb 1

    Proceedings in the suit filed by Prince Adetayo Odunsi against the nomination of Albert Mayungbe as the  Odemo of Isara-Remo was stalled last week following the absence of the lead defence counsel, Dr. Victor Odunaiya, in court.

    The Principal State Counsel, Mrs. Olubukanla Adejumo, who is representing the 15th to 18th  defendants, was also absent.

    Other defendants in the suit are the Head of Erinsiba-Ayoledoye Ruling House, Prince Obafemi Awoyade( now deceased); Secretary, Remo North Local Government;  Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye; Asipa Odi of Isara, Chief Owuye Logba, who are the second to ninth respondents.

    Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; Ekeji Asipa Emo, Chief Adewole Sopitan; Governor of Ogun State; Executive Council of Ogun State; the Commissioner for Chieftaincy and Local Government and the Attorney-General and Commissioner for Justice as 10th to 18th defendants.

    Odunaiya, in the suit number HCS/158/2013, is counsel to the first defendant, sixth to 10th and 14th defendants.

    At the resumed hearing of the matter, a counsel, Mr. Folorunso Oyetoro, who claimed to be holding brief for Odunnaya announced appearance for the first, sixth to 10th and 14th defendants.

    Mr. Olumuyiwa Obanewa appeared for the claimant.

    Oyetoro ascribed Odunaiya’s absence to “a slight hitch”, in answer to Justice A.A. Babawale’s question.

    He told the court he could not proceed with the matter.

    Obanewa reminded the court that the case was earlier listed for mention in October.

    “As it is, your honour, in the absence of the defence counsel, I think we should take a new date for mention and hearing of the suit,” Obanewa said.

    Justice Babawale adjourned the matter to February 1 next year.

    At the last hearing, Obanewa told the court he had an application dated June 23 and confirmed service on all parties.

    Obanewa said the application seeks to substitute the late head of the Erinsiba-Ayoledoye Ruling House with the new head of the family.

    He also sought the court’s permission to substitute one of the witnesses, the Akarigbo of Remo land, Oba Micheal Sonariwo,  (now deceased) with another person.

    Odunaiya did not object to the application.

    In his 32-point statement of claim, Odunsi claimed to be a direct descendant of the late Oba Oyemade Mayungbe and progenitor of Erinsiba-Ayoledoye Ruling House. He averred that he is lawfully entitled to the stool of Odemo of Isara-Remo.

    But Mayungbe is insisting that he is a “bonafide member  and descendant of the Erinsiba-Ayoledoye Ruling House.”

  • Lalong to panel: be guided by rule of law

    Governor Simon Bako Lalong has urged members of the Plateau State Independent Electoral Commission (PLASIEC) and the Judicial Service Commission (JSC) to be guided by the rule of law.

    He spoke in Jos, the state capital, while inaugurating the members of the two statutory committees.

    He said: “Today we are gathered here as citizens of our state and as living witnesses of the swearing-in of members of two of the three statutory commissions, that by the requirement of the 1999 Constitution as amended, are to be established for each state.

    The governor had, on October 12, forwarded to the House of Assembly, the names of persons for appointment into PLASIEC. They are Fabian Ntung (Chairman),  Comrade Patrick Mamgin, Mr. Joshua Pefun,  Dr. Steven Hirse,  Mr. Peter Adala, Mr. Lamidi Tangenze,  Mrs Hafsatu Hassan, Mr. James Dashan as members.

    Member SJSC are  Mr. Stephen T. Abar, Mr. Tony Y. Agaga,  Mrs Eunice Ayisa Sambo,  Hon. Benshak Dalop.

    The other statutory members of the Commission as constitutionally set out by their ex-officio status in paragraph 5 Part II of the Third Schedule, including the Chief Judge as Chairman, the Attorney-General and Commissioner for Justice, the Grand Khadi of the Shariah Court of Appeal and the President of the Customary Court of Appeal, have also been sworn in following their confirmation by the state House of Assembly.

  • ‘I applied seven times for SAN’

    A former Lagos Branch Chairman of the Nigerian Bar Association (NBA) Mr Chijioke Okoli (SAN) has said he applied for the prestigious silk rank consecutively for seven years before he got it.

    He called for a review of the process, such as the publication of names of shortlisted applicants.

    Okoli said he was shortlisted for seven times, with his name published in newspapers on each occasion, yet no petition was written against him.

    According to him, not being conferred with the rank after being shortlisted and one’s name published may create the wrong impression about an applicant.

    This, he said, is because the Legal Practitioners’ Privileges Committee (LPPC), which confers the rank, does not offer any explanations as to why some people were left out.

    He said there was “so much emotional investment” in the application process, adding that there was always a “collateral damage” when an applicant does not get the rank after their name have been published.

    Okoli spoke in Lagos during a dinner/lecture to mark his conferment with the rank. It was organised by “Friends of Chijioke Okoli” in collaboration with NBA Lagos Branch and an association of Igbo lawyers, the Otu Oka-Iwu (Law Society).

    Recalling his experience,  he said: “For seven years I was shortlisted. I would be ‘called’ in terms of being shortlisted, but not ‘chosen’. For nearly 10 years I was in the ‘wilderness’, but I didn’t quit. One of the most tasking things in life is to apply for SAN.”

    While he would love to see some changes made in the process, he urged lawyers Ayet to get the rank not to give up.

    He said it sometimes requires the “tenacity of not giving up” to get the rank, adding: “Don’t be bitter. If God says you will get it, you will.”

    A partner at Ajumogobia and Okeke, Mr Chris Okeke, who chaired the event, described Okoli as a man with “clarity of thought and superior intellect”, adding that “Nigeria needs the Chijiokes”.

    He urged the celebrator to do more to contribute to the society, saying: “The journey does not end here. There is so much you can accomplish.”

    Okoli is a 1987 graduate of the University of Jos. He holds two Masters Degrees – an LLM in Sports Law and Practice from De Montfort University, Leicester, England, and a Masters in Political Science from the University of Lagos.

    A specialist in commercial litigation, he is also renowned as a pioneering sports lawyer.  He was the first General Counsel for Team Nigeria over a decade ago.

    Besides serving as Chairman of NBA Lagos Branch, Okoli also served as a prosecutor for NBA’s Disciplinary Committee of the Body of Benchers.

    Among guests at the event were former Anambra State Governor Mr Peter Obi, Deputy Chief of Staff to the President, Mr Ade Ipaye, who delivered the lecture, Justices Christopher Balogun and Oyindamola Ogala, Chief Emeka Ngige (SAN), Economic and Financial Crimes Commission (EFCC) Acting Head of Legal, Mr Anselm Ozioko, who represented the acting chairman, Mr Ibrahim Magu, among others.

     

  • ‘Onnoghen must pitch for sustainable reforms’

    Acting Chief Justice of Nigeria (CJN) Walter Onnoghen assumed office last month. In this article, Joseph Otteh of the Access to Justice, sets agenda for him.

    Presiding over the affairs of the Nigerian Judiciary at this time must give anyone nightmares or keep them awake all night. The judiciary has never  witnessed, in all of its years, anything close to its present anguish, and to inherit a baggage so surreal in its proportions, and wrenching in its form, is sometimes a cruel way to mark the pinnacle of one’s career. It is a lot better now, where he has any doubts, for the present incumbent to abdicate the office of Chief Justice than to begin to serve in it, because serving in it, at a time like this, is telling the world – “I will get into the trenches and work this out”. This won’t be pretty to resolve at all. It will not be easy to transform the business culture of an institution too  acculturated to living in its own bubble, its universe that’s vastly disconnected with the planet in which suffering people, the struggling plurality, yearning for hope and a future, live.

    If the new but acting Chief Justice accepts this responsibility at this time, he must carry the cross, and take the entire Judiciary with him to Golgota, the place of the cross, and there, crucify everything that has contributed, in one way or another, to the Judiciary’s desolation and the blistering deflation of its image.  That is saying he will need to reinvent the wheel, for nearly about everything of how the Judiciary has functioned to this time, needs to be reconceptualised going forward.

     

    Reforms must come in bold packages, and build from Ground Zero

    The Chief Justice will need to create bold packages to address the two or three areas where the Judiciary’s faultlines have exposed and harmed it the most – integrity, competence and efficiency. To do this however, it is important to create reforms that cascade across federal and lines, understanding that, even though federal judicial institutions such as the National Judicial Council (NJC) do not have direct powers over State judiciaries, what state courts do directly impact the perception, accessibility, quality and adequacy of the justice system generally. Therefore, all Chief Judges of States must be accountable to the NJC towards ensuring that they push hard for reforms in the delivery of justice by their courts and do not weaken the reform chain.

     

    Strengthening integrity and defeating corruption

    The present system for protecting judicial integrity is weak and needs to be strengthened, notwithstanding efforts to do this through the Judicial Discipline Regulations 2014, and the 2013 and 2016 National Judicial Policy[ies] respectively. We respectfully suggest that the Chief Justice ensures the NJC adopts a more proactive disciplinary policy that is not petition-based alone, to give the Judiciary more freedom to act where no one does. The NJC should also be able to act upon anonymous complaints, and offer protection for whistle blowers; collaborate with official anti-corruption agencies to investigate allegations of corruption and reduce the overbearing evidentiary burdens placed on complainants of corruption among other reforms; adopt policies that obligate the heads of courts in State and Federal jurisdictions to establish effective disciplinary regulations or guidelines applicable to both lower court “judges” and court staff and ensure that the system of assigning cases to Judges is more transparent and is possibly controlled by an independent, automated process.

    The Chief Justice should further ensure that complaints of misconduct against Judges trigger investigations that explore whether elements of criminal behavior are present within, or are tie in with the alleged misconduct; where such elements are present, criminal investigations can be launched by crime agencies. The NJC should also develop a financial disclosure reporting system (used in some jurisdictions where all extrajudicial payments to Judges are self-reported, and Judges submit periodic financial disclosure reports) and develop a lifestyle-triggered audit mechanism for Judges where living standards appear unmatched by wages as was done in Kenya.

     

    Reforming Courts’ Performance Systems for Better Efficiency and Accountability

    Court delays, at both trial and appellate levels are not inevitable, and human factors, probably more than the inherent features of trial dockets, contribute to the weariness of trials. When all Federal High Court divisions across the country close down following the unfortunate death of a Judge of the court, or when Judges are transferred at will, and the cases they are handling have to start afresh, we find human factors playing a troubling role in delaying the conclusion of cases. The NJC can take care of the delays caused by human intervention – they are the low hanging fruits – and pre-empt them, so that it can concentrate on dealing with more difficult causes.

    In addition to this, the NJC needs to clarify and insist fiercely, that adjudication is the primary function of Judges, and prohibit adjournments, with fair exceptions, from being predicated on Judges attending to other official or non-official assignments. The Council should also ensure that performance assessment indicators are extended to cover broader aspects of the judicial function, such as whether Judges are complying with time standards, sitting punctually, performing administrative tasks expeditiously and that court staff are discharging their own duties conscientiously. In addition to this, the Council should request Chief Judges to ensure that lower courts and their staff are subjected to performance evaluations as well and that all courts have effective, robust and dependable complaint systems that ensure complaints are treated speedily, impartially and fairly.

    The Council should also ensure judicial appointments into lower courts nationwide are transparent and merit-based and Chief Judges should demonstrate that the appointment process into courts meet the criteria the NJC has itself adopted for higher court appointments.

     

    Conclusion

    The October events and its aftermath have redefined Nigeria’s judiciary and how people look at, and see its members. However, this is not the only time a nation’s Judiciary has suffered a major crisis of public confidence.  Going forward, Nigeria can draw from the experiences of other countries that have passed through similar turmoil and emerged from rubbles of despair and disillusionment to become strong pillars of justice and democracy. Kenya is one such country. Until 2011, its judiciary had bumped along the bottom and earned a staggering loss of public confidence. After Dr. Willy Mutunga took over as Chief Justice in 2011, he embarked on a far-reaching programme of action to reform the judiciary, and succeeded in overhauling a once-maligned institution into a now respectable voice of the rule of law in Kenya. Nigeria’s judiciary can also emerge from this darkness and represent a beacon of regeneration, resilience and hope for Nigeria but the road ahead is rough and tumbling. It will need to be navigated with persevering resoluteness of purpose. We wish the acting Chief Justice Godspeed in this endeavour should he decide to walk that road.

  • Falana knocks churches, mosques for domestic violence

    Lagos lawyer Femi Falana (SAN) has said cultural and religious institu-tions, especially churches and mosques, promote sexual and domestic violence.

    Falana vowed to challenge in court cultural practices such as the Oro Festival tradition of limiting women’s mobility through acts of violence in some parts of the country.

    He spoke at a symposium tagged: “It’s on us to end violence against women and children”,  organised by Access Bank’s Financial Control and Strategy Group in collaboration with Lagos State Domestic and Sexual Violence Response Team (DSVRT).

    The symposium was organised to mark the International Day for the Elimination of Violence Against Women and 16 days of activism against gender violence.

    Guests at the event included Access Bank’s chairperson Mrs Mosun Belo-Olusoga, Group Managing Director (GMD) Dr. Herbert Wigwe, Lagos Attorney-General Adeniji Kazeem, the state’s Solicitor-General Funlola Odunlami and Lagos Commissioner of Police, Fatai Owoseni.

    Falana accused some religious leaders of trivialising sexual and domestic offences, adding that when such leaders are implicated in such acts, their followers gang up against the victims for daring to make a complaint.

    He said: “If you report a case of rape, sometimes the community will gang up against you and you are stigmatised for ensuring that the law protects the victim.

    “If we are going to talk about the law against domestic violence, we must look at our Bible and Quran, religious institutions: they are the greatest promoters of domestic violence.

    “There’s no way you can run a modern society with what happened in the Old Testament. We have the New Testament because the Old was found to be not adequately relevant.”

    The Quran, he added, did not support discrimination against women and urged people in authority not to condone such acts.

    Falana also lamented that female police recruits were still not allowed to marry for the first three years without approval from their Police Commissioner, despite a court declaration banning the practice.

    Wigwe, in his opening remarks, said victims of such violence were usually reluctant to come forward because of fear.

    “This forum is long overdue, out duty is to mobilise public participation towards addressing this menace. Our little girls should be trained to dream big. As women, daughters and sisters, they deserve nothing less of us.”