The Nation Newspaper

Category: Law

  • Why administration of justice must be preserved, by Osinbajo

    Why administration of justice must be preserved, by Osinbajo

    Vice President Yemi Osinbajo (SAN) has urged the Bar and Bench to preserve the administration of justice in the country, as it is not only the last hope of the common man, but also the source of their livelihood.

    The Vice-President canvassed an independent Judiciary, noting that it  is only an independent Judiciary that could dispense justice without fear or favour.

    He spoke at the Fellows lecture of the Nigerian Institute of Advanced Legal Studies (NIALS) held at the National Judicial Institute (NJI) in Abuja.

    It had as theme “ Imperatives of Judicial reforms in ensuring good governance and accountability in Nigeria”.

    He said: “The legal profession we fought for is not what we have today. We owe ourselves a duty to preserve the administration of justice not because it is the last hope of the common man, but because it is the source of our livelihood

    “If you are a judge and you are corrupt, where do we go from here? everything has come to a halt. If the Legislature or the Executive is corrupt, we go to the Judiciary for remedy, but if the Judiciary is corrupt, where do we go? A judge has to be independent so that he grants justice without fear or favour. No part of our profession will escape blame from where we find ourselves today.’’

    Speaking on behalf of his fellow awardees, Osinbajo thanked the institute for the honour.

    “ Let me also commend the Bar and the Bench for establishing themselves in the country over the years. Whenever we had challenges as a country, it is the Bar and the Bench that always provide solutions to the challenges. However, our reluctance and fear to call ourselves to order is the greatest problem plaguing the legal profession,’’ he added.

    Earlier in his welcome speech, the  institute’s Director-General, Prof. Deji Adekunle, said it was their aim to make NIALS a world-class institution which would be the primary source of information, training and advice to the highest level of policy formulation on legal matters, thereby impacting on local and international institutions in the development of law.

    The guest lecturer for the lecture, Chief  Adegboyega Solomon Awomolo (SAN) noted that the Judiciary has made commendable efforts to ensure good governance and accountability in Nigeria.

    He pointed out that reforms were required to achieve optimal performance. “While the Judiciary as the custodian of our constitution occupies a significant position in ensuring good governance and accountability, the Judiciary cannot on its own achieve this unless it receives maximum support from the Bar. All actors in the legal and judicial system have their roles to play towards achieving good governance and ensuring that holders of public offices are held accountable to the people for their actions,” Awomolo added.

    Osinbajo was conferred with the Fellowship of the institute. Others who also got the award were Chief J-K Gadzama (SAN), Justice. A. Amina Augie (JSC) and  Prof. D. A. Guobadia.

  • Judge orders service of officer’s suit on Navy

    Management staff of the  Merchant Navy Maritime Academy Limited, old Remo Polytechnic, Ado Olomitutu, Ewu Oluwo in Sagamu, Ogun State have sued the Nigerian Navy at a federal high court in Lagos for breach of their rights.

    The applicants are Captain Bola Nuga, Commander Lateef  Sanni Ajao, Pa Olufemi Adesioye, Mr Akinyemi Odebiyi and Merchant Navy Maritime Academy Limited.

    While the respondents are former Director of Intelligence, Western Naval Command NNS Beecroft, Captain Ajang Pitrus; Inspector-General of Police; Assistant Inspector-General of Police, Zone II, Onikan, Lagos;  Directorate of State Service(DSS); Attorney-General of the Federation  and Minister of Justice; Commissioner of Police, Lagos State Command; Commissioner of Police, Ogun State Command; the Area Command, Igbeba Area Command, Ijebu Ode; Investigating Police Officer (IPO), Igbeba Area Command, Ijebu Ode, Segeant Wasiu Tijani and IPO, Zone II Area Command, Onikan, Lagos, SUPOL Akinade Oginjo.

    In the application filed through their counsel, Chief Olusegun Raji, the applicants are asking for N250 million from the first and second respondents and N100 million from third to 11th respondents as general damages for the unlawful breach of their rights, losses and injuries suffered from alleged invasion, unlawful arrest, detention and arraignment of the first to fourth applicants.

    When the matter came up before Justice Chuka Obiozor last week, none of the respondents was represented.

    Justice Obiozor ordered that the respondents be put on notice and adjourned the matter to January 9, next year for hearing.

    The applicants, in their originating motion, are seeking from the court an order of perpetual injunction restraining the respondents and their agents from violating their rights, harassing and molesting then in relation to the academy.

    The applicants sought a declaration of the court that their detention by the third and fourth respondents from January 14 to January 24, 2011 at Zone II Police Command, Onikan, on the instruction of the first and second respondents were illegal, unlawful and unconstitutional as it violated their  rights under the 1999 Constitution and Article 6 and 7 of the African Charter on Human Peoples Rights (Ratification and Enforcement) Act.

    They are also seeking a declaration of the court that the threat and attempt to make further arrest and detention of the applicants and their students (cadets) by the respondents made through an officer na ed Eha, phone number 07064880164 on July 5 and 8, this year in their new base at old Remo Polytechnic, Ado Olomitutu, Ewu Oluwo, NMS OBJ Base, Sagamu Command, Ogun State is illegal.

    They sought an order restraining the respondents and their agents from further harassment in respect of the academy.

    In the affidavit in support of the originating motion, Commander Ajao deposed that by virtue of Federal Republic of Nigeria official gazette No 23 volume 74, dated April 30, 1978, the Nigerian Merchant Navy is recognised by the Federal Government and that by virtue of the Corporate Affairs Commission certificate of incorporation with RC 887512 dated May 18, 2010, the Merchant Navy Maritime Academy is registered by the laws of the country.

    He contended that the establishment of the academy was an initiative to actualise the goals of the Nigerian Merchant Navy to ensure the security of Nigeria’s territorial waters, members at sea and generation of national income and opening up vast employment opportunities for Nigerians.

  • ‘Nothing is more dangerous than a corrupt judge’

    ‘Nothing is more dangerous than a corrupt judge’

    Mr Yemi Candide-Johnson (SAN) is the president of the Lagos Court of Arbitration (LCA), which prides itself as Africa’s premier alternative dispute resolution (ADR) institution. He is a fellow of the Chartered Institute of Arbitrators of England (FCIArb), an approved tutor and examiner for the UK Chartered Institute of Arbitrators, an honorary Fellow of the Centre for International Legal Studies in Salzburg, Austria, and a supporting member of the London Maritime Arbitration Association. Candide-Johnson was chairman of Lagos State Arbitration Law Reform Committee. He was a member of the Legal Practitioners Privileges Committee (LPPC), which confers the Senior Advocate of Nigeria (SAN) status on lawyers. In this interview with Joseph Jibueze, Candide-Johnson speaks on corruption in the judiciary, resolving political disputes through ADR and how an effective arbitration system can transform the economy.

    What is your appraisal of public/corporate response to ADR in Nigeria? 

    That ought to be a strange question because alternative dispute resolution (ADR) is ideally the most natural action any African would consider in settling a dispute. The African continent is legendary for its long-standing traditional means of dispute resolution, which are emulated by modern ADR. However, it is true that awareness and understanding of ADR in a modern commercial context is recently being aroused by advocates like the Lagos Court of Arbitration (LCA) and the growing number of Nigerians who are exhausted and disappointed by the failure of the courts. These courts were established in Nigeria by the King of England to operate with efficiency and integrity to promote peace and prosperity in the country. In the light of this, the response has been slow but is gaining pace. Both the private and public sectors are in agreement that commerce requires a conducive operating environment to thrive, one that is not dictated by self-interest.  A key part of that environment is the prompt, efficient and effective resolution of inevitable business disputes.

    As an alternative dispute resolution institution, how is the LCA contributing to the nation’s economic drive?

    The LCA is the fulfilment of a vision to enable the ease of doing business in Nigeria, which has been at an all-time low on many fronts. This vision which was articulated in a 2007 report to the Lagos State Government was effected in 2009 by the establishment of the LCA to midwife a progressive and responsive regime of dispute resolution as well as to lead advocacy for national and regional commerce. In addition, the LCA is to own and promote modern practices for quick resolution of business disputes. This role is critical to the progress of business in a territory that hosts 50 per cent of Nigeria’s industrial enterprises, and which generates 60 per cent of economic activity in West Africa.

    Are you satisfied with the state of ADR enabling law nationally?

    No, I am not. A national review committee and an active group in the arbitration community have studied and analysed and presented to the Federal Government as well as the national assembly the deficiencies in the 1988 law which still operates at the national level. The 2009 Lagos Law is a marked improvement and provides the most modern and effective model within Nigeria. Even the United Nations Commission on International Trade Law (UNCITRAL) model on which the Federal Law was based has been significantly improved in 2006 without any movement from our own legislators. ADR is meant to be a flexible and progressive system of rules for resolving business disputes. It cannot be stultified and calcified and remain useful for its purpose.

    Thus, far, how has the LCA fulfilled its mandate in the proliferation of ADR in Sub-Saharan Africa?

    LCA is the leading advocate of ADR within Nigeria and in much of Africa. We boldly declare ourselves to be the “engine room for dispute resolution in Africa” and are rolling out from our imposing centre (which is the first purpose built ADR centre in Africa) state of the art dispute resolution programs, policy, plans and ideas which are tested in the crucible of international commerce and which are calculated to drag African disputes into the 21st century. Our engagement includes training for judges, legislators and practitioners, outreach to other professions, businesses and the young and even students at institutions. Our roundtables on entertainment, intellectual property and hotels and hospitality have successfully attracted partnership from world governing organisations such as WIPO and the unceasing diligence and ingenuity of our talented secretariat is providing a world class support resource for ADR within Africa.

    Do you foresee political/post-election cases being resolved through arbitration?

    Private arbitration and mediation has a role in resolving political disputes which are themselves now largely transactional and about the distribution of resources rather than about ideas or ideology. Some of the ideas and systems that we regulate have value for such disputes but this is not our priority.

    Is arbitration open to a small-scale business disputes settlement?

    Absolutely. There is no one size that fits all. The very flexibility which is controlled by the parties themselves allows that in terms of costs and time and method. These procedures can be tailored to any type of commercial dispute and how to do this is part of the resource that LCA administers.

    A lot has been said about the slow pace of justice administration/dispensation in Nigeria. From your multi-jurisdictional experience, how can this trend be reversed? 

    Above all, judicial office should be recognised as a public trust. It is established for governance and to promote peace and prosperity, it is funded by the public and must be accountable to them at all levels. This includes appointment and discipline if judges as well for the demonstration of an open and accessible and rational system. It is not a secret cult and judges are not spirits. If the performance of judges is tested within these parameters, the product will be manifestly superior.

    The concept of law firm mergers and acquisitions in the United States has proved to be beneficial in terms of competitive advantage and acquiring new business in markets where demand is flat. What is your thought on the subject for Nigeria?

    The answer is obvious but the path to recognising this widely requires some change of culture as well as sacrifice. If lawyers open their eyes to see the strength and value of these arrangements in those other countries and observe the power by which they are enabled to threaten even our own local markets, they would desire such a model here. Again, the resolution of disputes which arise within such alliances and the relative certainty of outcomes which a reliable system of dispute resolution provides is a key aspect to promoting them. If contracts can be breached at will and without consequences, then these agreements are not worthwhile.

    Some law professionals have suggested that specialisation would add attraction to the legal profession. What is your take on this? Will it favour Nigeria’s economic structure where citizens believe that getting involved in more than one trade is the pathway to wealth?

    Obviously, specialisation produces a higher level of skill and a deeper pool of experience which can be efficiently deployed for business solutions. In many international firms this type of specialisation has proved valuable. In Nigeria, however, there is less confidence in the economic success of such a model. I believe that competition and an open and efficient system of justice which test skill and experience rather than corrupt connections will force us to this model.

    Do you agree with calls that judges found guilty of corruption by the National Judicial Council (NJC) be brought to trial rather than just retiring or dismissing them as seem to have been the practice?

    I believe that there is nothing uglier or more dangerous than a corrupt judge. A judge accepts an oath to administer justice without fear or favour, it is a trust and practically a holy obligation. Corruption at this level poisons public confidence in the entire system of government and threatens the peace and stability of our entire community. It is shameful and a disgrace to the memory of generations who built the Nigerian legal profession. It is vital that examples are made and I would like to see corrupt judges shackled and on their way to long prison sentences.

    For the benefit of young lawyers, please tell us about your first experience in court?

    On the Monday (two days) after I was called to the bar, I was given a motion paper to argue before Justice Olorunimbe at the Ikeja High Court for an injunction in a land case. With perspiration on my brow, I set out the law with some hesitation and urged him respectfully “to do the needful”. The judge was patient and most considerate and gently asked me if I would not address him on the relevance of my own facts to the law that I had set out!! I had forgotten to do so and I proceeded thereafter to do this with success for my client. The judge was patient and considerate because it was his sacred responsibility to do justice to all manner of men regardless of the inexperience of a lawyer. There was no abuse, bad temper or humiliation, such as I see judges mete out to counsel daily in our courts today. A confident and learned judge does not need to scream or to bully.

    Disputes settlement comes with its fair share of stress. How do you relax? What is your favourite sport?

    I play golf, I read history and politics and I take a good interest in gastronomy and oenology!! Sometimes I have been persuaded to dance.

    What can you say is the secret of your success?

    Some luck. Good opportunities. Good genes and a proud legal heritage. Also, daily diligence, dedication and fidelity to truth and justice as a building block for the progress of our Nigerian project.

  • 40 years of Legal Aid Council: Tribute to the founder

    40 years of Legal Aid Council: Tribute to the founder

    As the Nigerian Legal Aid Council celebrates its 40 years of providing free legal services to indigent Nigerians in pursuit of its vision and mandate  to build a new Nigerian nation where there is equal access to justice for all irrespective of means and where all constitutional rights are respected, protected and defended to ensure justice for all, I see it as a necessary to remember and pay tribute to Nigerians of great minds who saw today yesterday,  committed themselves to the struggle and made sure that Nigerians enjoy the services of such a great institution that provides invaluable services to Nigeria and Nigerians.

    I remember the contributions, efforts and sacrifice which my late father, Dr. Chimezie Ikeazor, Oboli Obosi and his co travellers in the Legal Aid family made to give birth to this octopus  known today  as the Legal Aid Council Nigeria.  This legal icon, champion of justice and defender of his people in the company of the late Dr. Akanu Ibiam in 1978, met the then head of State, General Olusegun Obasanjo in a private meeting in Dodan Barracks, Lagos, then  seat of power  in Nigeria,  to present a demand for the resolution of the abandoned property challenges.

    The issue had deprived thousand of Nigerians of Eastern Nigerian origin of their property in Port Harcourt and other neighboring areas. Though Dr. Ikeazor did not have any property in Port Harcourt, he was concerned with the issue was justice. He wanted to see that justice was not only done to his people, but that it was manifestly seen to be done. It was at this meeting with Nigeria’s military ruler, that my father demonstrated, argued and expressed  his most decisive care for the poor and their inalienable  rights  to free legal aid in the country. Armed with pictures, data, reports,  facts and figures from within the country and across the globe,  he persuaded and prevailed on  General Obasanjo who eventually saw the imperative and urgent  need to  promulgate the Legal Aid Decree on November 26, 1976.

    With their training and background, the initial reaction of the military establishment was “why should we be spending money on these criminals”. However, faced with the universally accepted theory of  the presumption of  innocence contained in our legal jurisprudence and  applicable in the Common Law family which Nigeria belongs, the argument that  an accused person is  innocent until proven guilty and the point about the injustice of being detained “Awaiting Trial” for periods far in excess of the maximum sentence for the offence in question won the day.

    In 1973, Dr. Ikeazor was elected Vice- President of  Nigerian Bar Association (NBA). In 1974, he founded the Legal Aid for the Poor Scheme in Nigeria. He single handedly financed the crusade without financial aid from Nigeria or abroad.  In fact, the seed money that secured Nigeria’s place on the International Legal Aid body in 1974 was paid with my mother’s, Mrs. Marina Ikeazor’s Barclays  Bank International Limited cheque  with  which he paid  48 Pounds to the International Legal Aid Association on February 22, 1974 and another Barclays International payment of 95 Pounds to the International Bar Association (IBA) on April 2, 1974.

    A letter of support  to Dr. Ikeazor dated February 1, 1974 and signed by the then  Secretary-General of  the International Legal Aid Association (ILAA) with headquarters in London and  sponsored by the IBA, Sir, Thomas Lund, C.B.E. reads: “I was most interested in your plans for Legal Aid in Nigeria which you outlined to me at our recent meeting in London. And I am writing to wish the Nigerian Legal Aid Association a long, useful and successful future.”

    In 1975, he was elected the  Representative Director of the governing body of the International Legal Aid, the first African to be so elected.  Several eminent lawyers and jurists agreed with him and worked with him in this crusade to give free legal aid to the poor.  They formed the Nigerian Legal Aid Association of which Dr. Ikeazor  was elected President, Prince David Akenzua was Vice-President,  Chief Solomon Lar  was elected Secretary-General,  Ogada Ede was the Deputy Secretary-General, late Chief Debo Akande was the Director of Operations, Chief Edwin Ezeoke was Assistant Director of Operations,  Dr. J. Ola Orojo, Chukwuemeka Udenze, Okey Achike, Mallam Abdullahi Ibrahim, H. T. O. Coker, N. O. Izuako, Alabi Masha, late Chief Gani Fawhinmi and Felix Offiah were national Counsellors of the association.

    The thrust of crusade was that lawyers should take up the representation of aggrieved persons in court and that the State should make lawyers available for anybody who has a brush with the law, either as an aggrieved person in a civil suit,  an arrested or accused  person who finds himself in custody without money to brief a counsel.

    On November 26, 1976 the dream of these illustrious and patriotic Nigerians came true. News of the establishment of the Council was everywhere. For instance,  the caption  of the lead story on Daily Times newspaper was “ At last, Govt.  backs the Scheme: Legal Aid Dream Comes True, fund established”  The happenings within the association did not escape the  attention of the world. For example, Reuters News Agency reported in a London Newspaper that three hundred prisoners had been set free at the instance of the Association.

    The story reads: “At least 300 suspects held in Nigerian prisons for up to seven years without trial, have been freed in the past two months. They were released not because the police failed to prove charges against them, but because the length of detention far exceeded the maximum penalty for the alleged offences

    “The crusade is spearheaded by the Nigerian Legal Aid Association, inaugurated last February. Its leader, Mr. Chimezie  Ikeazor, a 44-year old  lawyer from the war- scarred  East Central State, says: ‘A speedy trial should not be a privilege, but a right. It is a cruel aspect of our litigation system that a man who does not have the services of counsel can hardly hope to obtain justice in full and quickly. Oour aim is to ensure that nobody is denied justice on account of poverty…’

    The first beneficiary of Dr.  Ikeazor’s campaign of free Legal Aid to the indigent was one Mallam Adamu Sokoto who was in prison custody for years awaiting trial for an offence for which if he had been found guilty, he would have been sentenced to a maximum of six months imprisonment.

    I wonder where Mallam Sokoto is now,  but I remember visiting Kirikiri and Ikoyi prisons with my dad as a young girl, no wonder I run a prison outreach today  assisting Prison inmates, paying fines for prison inmates and securing their release.

    By 1976, after intensive media campaign, countless court appearances freeing scores of awaiting trial inmates who had spent several months and years in prison custody, the Legal Aid Decree No. 56 of 1976 was promulgated and Dr.  Ikeazor firmly declined any suggestion or attempt to become chairman  of the newly created Legal Aid Council or the Director.

    Throughout their crusade, Ikeazor and his fellow crusaders never asked for or received any funding from home or abroad, the decisions were taken to protect the integrity and independence of their course. Dr. Ikeazor, the Oboli can look back and be saluted and proud of his six graduate children with scores of grandchildren from Obosi, Awgbu, Kaduna and Ondo.

    The lawyer who battled to make free legal aid for the poor in Nigeria a reality spent their own money on the crusade, their tours and court appearances. I salute them all for their selfless service and join the Legal Aid Council community to celebrate a successful, remarkable and memorable 40th year anniversary.

     

    • Ikeazor is the Executive Secretary, Pension Transitional Arrangement Directorate, Abuja

     

  • How to make states viable, by Obi, Duke, others

    How to make states viable, by Obi, Duke, others

    How can states be more viable? This  topped the agenda at the 11th Annual Lecture of a law firm, Aelex.

    Speakers, including former Anambra State Governor Peter Obi, and his Cross River State counterpart, Donald Duke, said states needed to innovate to survive.

    Former National Human Rights Commission (NHRC) Chairman Prof. Chidi Odinkalu faulted the creation of some states, saying they were designed to fail ab initio.

    “History of the emergence of the states show that there was a designed flaw and if we don’t fix it, we are not going to make any headway,” he said.

    They said there was an increasing disconnect between the government and the citizenry. They also decried the lack of visionary leadership, lack of planning, poor procurement process and lack of credible electoral processes.

    They identified an over-bloated civil service and lack of accountability as the major factors militating against stability, growth and viability of most states.

    Duke lamented the increasing disconnect between the government and the governed, saying it was a major cause of weakness in the present states structure.

    According to him, the state of affairs in the country was contrary to the dreams of the founding fathers. He called for a collective vision towards realising an ideal state.

    Obi said leadership was key to viable states.

    “The first thing we must do to make the States work has to do with the vision of trhe leader. If the elected leader has a vision of what to do, being the driver, he can whip everybody into line.

    “Our politicians make campaign promises, but the moment we are elected into the office, they come up with all forms of agenda, some four point agenda, others two or six point agenda as the case may be.

    “In doing this, there is no coordination; there is no planning, no coordinated plans on how to grow the States in terms of resources and manpower

    “When I assumed office, there was no office, there was no Governor’s Lodge and I called Dr. Chris Ngige and said, Chris, where is your office and he responded: ‘Peter,  you are now the Governor. Wherever you are, that is the office.’

    “I remembered that Nigeria is a signatory to the United Nations Millennium Development Goals (MDGs) and with that document, you have everything a state needs to grow.

    “So I picked it and used it to develop a strategy called Anambra State Integrated Development Strategy (ANIDS).

    “That was the process that allowed me to look into each goal properly, study how to deliver it how to budget for it and make life easy for the masses.  I made it people driven, went to each community in the State and asked each of them what do you need in this community and so on.”

    Obi regretted a situation where leaders come into the office without plans of what to do for the people.

    He urged leaders to sit down,  reduce costs of governance, look at the peculiar needs of their states and embark on projects that would impact on the lives of the people

    Former Access Bank chief Mr. Aigboje Aig-Imoukhuede emphasised the need to effectively manage state resources.

    “There is a need for a set of rules and dynamics on which you agree on how to allocate resources in the system. Jurisprudence of governance has a common principle; people who we choose to manage the resources must be prudent.

    “The electoral system must be transparent and credible. The mode and method of creating the states must make them viable unlike what we have had in the past.

    “We have an electoral system that has not worked so well, it has not produced the best from among us. Most governors you area beholding are just waiting for Federal allocation, they just plan around it and nothing more.

    “Leadership is the solver of human problems; you need a Governor who sees beyond this point, who sees into the future irrespective of national vision. Any Governor who does have a vision isn will not know how to attract foreign investors; he will not know how to conduct credible electoral system and will be a dampener of visions. Every State to improve its areas of strengths, producing goods and services on which it has a comparative advantage over other states,” Aig-Imoukhuede said.

    Another speaker, Mr. Isaac Babatunde, emphasised accountability, saying that those who run the states were not held accountable by the masses.

    He said: “Until we start living within our income, we cannot move forward.  And unless we create a critical mass like Singapore by which we get intelligent  and qualified people to lead us,  we will not work as states.”

    Aelex Managing Partner, Mr. Theophilu Emuwa, thanked all participants for finding time to attend the lecture.

    A partner at the firm, Mrs. Funke Adekoya (SAN) expressed satisfaction with the turn out, stating that the vision of the law firm’s founders was achieved.

  • Supreme Court to hear appeal on Ifon-Osun stool

    Supreme Court to hear appeal on Ifon-Osun stool

    The Supreme Court has cleared the hurdle before early consideration of an appeal on the dispute over the appointment of Alhaji Moroof Adekunle Magbagbeola as the Olufon of Ifon-Osun in Osun State.

    The court, on November 7, granted accelerated hearing in the appeal after noting that the 14 appellants led by Magbagbeola, were reluctant to have the appeal promptly decided. It fixed hearing of the substantive appeal for February 27, next year.

    The appeal marked: SC/275/2011 was filed against the March 3, 2011 judgment of the Court of Appeal, Akure division, which upheld the appeal of Alhaji Moroof Oladimeji Akintola.

    Akintola challenged the high court’s judgment, which dismissed his suit querying the appointment of Magbagbeola.

    The facts of the case revealed that the dispute arose from the government’s handling of Magbagbeola’s appointment after the death, on August 20, 2007, of the immediate past Olufon of Ifon-Osun, Oba Olatoye Ilufoye Omotoyinbo 11.

    In line with the community’s tradition, the Olumoyero Ruling House nominated Akintola and Magbagbeola for the kingmakers to perform the customary and traditional rites to determine who between them should be king.

    The head of the Olumoyero family, Prince Lasisi Oyedokun, was required by tradition to present them to the kingmakers for the rites.

    While they were waiting for the process to start, the Governor and Attorney-General of the state appointed some individuals as warrant kingmakers.

    The warrant kingmakers appointed Magbagbeola to the throne and the Governor and Attorney-General endorsed their choice.

    Dissatisfied, Akintola went to court, querying the process leading to Magbagbeola’s appointment. He sought, among others, the voiding of Magbagbeola’s appointment and for the court to direct parties to comply with the laid down procedure as captured in the Chiefs Law of the state.

    In a March 30, 2009 ruling, the high court upheld the preliminary objection filed by Magbagbeola and others. It dismissed Akintola’s suit on the grounds that it was not properly initiated.

    Akintola appealed to the Court of Appeal, Akure, which upheld the appeal and ordered that the case be reassigned to another judge of the high court to be heard afresh.

    Dissatisfied, Magbagbeola and others, including the governor and Attorney-General, appealed to the Supreme Court.

  • Lagos to solve sexual crimes with science

    Lagos State Government will ensure that scientific methods of deducing crime, particularly sexual and related offences, are introduced and sustained in its criminal justice system, Attorney-General and Commissioner for Justice Mr Adeniji Kazeem has said.

    He said the Lagos State Forensic Centre would ensure that sexual and other offenders no longer escaped justice for want of conclusive evidence.

    Kazeem spoke at the opening of a three-day symposium organised by the Ministry of Justice and ITSI-Biosciences, LLC, Johnstown, United States, for stakeholders, including judges, prosecutors, defence lawyers, police investigators and those who would use the centre to secure justice for victims.

    Kazeem said the government has re-energised the criminal justice system to fight sexual violence and gender-based crimes.

    The government, according to him, would harness an exceptional network of professionals who are well-groomed on the need for a scientific process that would ensure that the criminal justice system in the state provides an objective investigative process that enables justice to be done and determines “whether it convicts the right person or exonerates an innocent person wrongly accused’’.

    “Let me sound a note of warning to all those who commit crime and most times get away for want of evidence that   it will no longer be business as usual when the centre becomes operational. I think they should in fact leave Lagos now because with the DNA, they would be caught and prosecuted”, he said.

    The Attorney-General, who observed that many rape offenders, were not first time offenders, expressed confidence that more victims would come up to report when they realise that offenders could be scientifically identified.

    ITSI-Biosciences, United States,President/Chief Scientific Officer, Dr. Richard Somiari said when the centre becomes operational in the first quarter of next year, it would provide the highest level of DNA results.

    He said the reports to be generated by the DNA centre would enable the state to develop a data bank of offenders with which serial offenders would be discovered and brought to justice.

  • ‘Why judges need ADR training

    There is a need for judges to be trained on alternative dispute resolution (ADR) mechanisms to decongest courts, former Lagos State Attorney-General and Commissioner for Justice Olasupo Shasore (SAN) has said.

    He said due to the lack of such training, some judges make mistakes in dealing with cases that end up in court after going through an arbitral process.

    Training judges on ADR, he said, would also enable them to know which cases to recommend for out-of-court settlement where necessary.

    Shasore, who spoke at a symposium by the Lagos Court of Arbitration Young Arbitrators Network, said: “Arbitration is something that is commonsensical. It is not technical, it is just an area that needs to be understood, trained in and learnt properly.

    “When arbitration matters come before judges who are trained lawyers but are not trained in arbitration, it is easy for them to make errors that have far reaching effects.

    “A lot is happening already by way of judicial interaction in the area of training. This is to be carried on and go all the way on to the other courts,” Shasore added.

    According to him, arbitration has become a very important part of the dispute settlement system due to the challenges of the regular court system.

    Partner, White & Case, Mark Clarke, said to make arbitration effective, courts must uphold the principles of arbitration, respect the process and let it run its course.

    “We need to have a judiciary which respects the autonomy of the process. The judiciary needs to understand the purpose of arbitration and the autonomy of the parties to choose arbitration as a dispute resolution procedue,” Clarke added.

    Partner, S.P. Ajibade & Co, Kolawole Mayomi, said arbitration helps decongest the courts so they can focus on matters they have the capacity to handle.

    “It is unfortunate that some judges see arbitration as a threat and a competition for them. So, there is a need to disabuse their mind that it actually helps them do their work better,” he added.

    Chairman, Advisory Board, LCA-Young Arbitrators Network, Isaiah Bozimo, said the network was initiated to sensitise young members on the arbitration process.

  • 32 judges, four SANs named Arbitrators’fellows

    The Nigerian Institute of Chartered Arbitrators has inducted 32 judges and four Senior Advocates of Nigeria (SANs) as fellows.

    They were among the 63 fellows, 124 associates and 34 qualified mediators admitted by the institute during its 2015/2016 investiture and award held in Lagos.

    The fellows include Justices Habeeb Abiru and Oyebisi Omoleye of the Court of Appeal; the Chief Judge of Lagos State, Justice Oluwafunmilayo Atilade, and former Chief Judges of Lagos and Edo states, Justices Ayotunde Phillips (rtd) and Constance Momoh (rtd).

    Others are Justices Funmi Ofodile (rtd), Opeyemi Oke, David Mann, Salisu Garba, Esther Lolo, Binta Nyako, Olanrewaju Onafowokan, Adenike Coker, Beatrice Oke-Lawal, Catherine Ogunsanya, Lateef Lawal-Akapo, Olugboyega Ogunfowora and Pius Idiong.

    The rest are Justices Tajudeen Okunsokan, Ibrahim Muhammed, Oluwatoyin Taiwo, Abubakar Yahaya, Maureen Onyetenu, Obiora Uchenna, Godwin Abraham, Kurya Haruna, Akinfemi Owoyemi, Babatunde Bakare, Iboro Ukpanah, Abdulfattah Lawal and Roland Amaize (rtd).

    The institute’s Vice-President, Prof. Fabian Ajogwu (SAN), said despite having competent arbitrators in Nigeria, many disputes were still being taken outside the country to settle.

    “It is our belief that the time has come for a reversal of this trend. With qualified persons in the institute, there should be no excuse to seek expertise outside, except, of course, in international commercial arbitration; or where the specific circumstances of a case so demand,” Ajogwu said.

    Lagos Chamber of Commerce and Industry President Dr. Nike Akande, who gave the keynote address, said urgent steps must be taken to boost investors’ confidence in the economy.

    “We need investors now more than ever before. We need private capital both from within and abroad to stimulate the economy. An important factor to make this happen is to ensure a dispute resolution mechanism that would inspire the confidence of investors,” she said.

    Among the 63 fellows admitted for the institute’s 2015/2016 session, Justice Binta Nyako won the Aare Afe Babalola prize for the overall best candidate in a writing assignment, while Justice Opeyemi Oke received the Judge Bola Ajibola’s prize for the first runner-up in the category.

  • Erring event centres to face trial for safety violation

    Proprietors of event and other social centres without safety equipment will be prosecuted, Lagos State Safety Commission (LSSC) Director-General Akeem Dickson has said.

    Dickson, who spoke during a briefing, said any event centre, event planners, night clubs and bars that do not comply after three visits and warnings, would face the wrath of the law as stipulated in LSSC Act, Laws of Lagos State 2011.

    The media parley was attended by LSSC Secretary Ms Tola Sanusi, Director, Research and Development Mrs Aderonke Adeneye, Event Safety Consultant, Dr. Wale Adeboje, and representatives from the entertainment industry.

    Dickson said LSSC consultant had been mandated to audit event, bar and other social centres to educate them on the new requirements.

    He said only event centres that met the conditions stipulated under the law would be issued with certificates to operate; those that failed would be shut down until compliance.

    According to him, the government decided to enforce the law on safety requirements because it is interested in saving lives of the people of Lagos.

    “Event organisers, planners, whether individual or group, will be held responsible for not taking steps to protect the health, safety and welfare of everyone working at or attending the event.

    “ It is of fundamental importance that safety management should start at the same time as planning for all the other aspects of proposed event. It is therefore imperative that promoters, production companies, event organizsers and contractors are clear as to the legal responsibilities that each may have in relation to compliance with safety regulations”, he said.

    Adeboje said the new initiative would provide checks and due diligence that would reduce avoidable accidents at event centres, adding that it would also boost events and entertainment industry with the interest of international community and direct foreign investment.

    He said it would in addition provide event organisers with a guide on the safety manage tools required for every particular event and centre and equip them with engineering solutions to manage attending crowds, fire safety management, risk assessment and mitigating strategies, pre-event safety checks and on-going event monitoring that can prevent  a seeming minor incident turning into a major incident.