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Category: Law

  • All eyes on Onnoghen

    All eyes on Onnoghen

    Acting Chief Justice of Nigeria (CJN) Walter Onnoghen assumed office last Thursday after being sworn in by President Muhammadu Buhari. Justice Onnoghen is mounting the saddle at a difficult time in the life of the Judiciary. Justice Sylvester Ngwuta of the Supreme Court has just been charged to court with alleged money laundering. Fourteen other judicial officers, including another Supreme Court Justice, Inyang Okoro, may also face similar charges. Can Justice Onnoghen restore confidence in the Judiciary, which has been hit with allegations of corruption? Lawyers are canvassing speedy confirmation of his appointment to enable him tackle this and other problems. ERIC IKHILAE writes.

    HIS appointment was preceded by the recurring debate of where the Chief Justice of Nigeria (CJN) should come. From among the Justices of the Supreme Court or outside? Traditionally the most senior JSC succeeds the former CJN. But in recent years, there has been a campaign for a break from the past in order to rejuvenate the Supreme Court. Last Thursday, President Muhammadu Buhari settled for tradition when he swore in Walter Samuel Nkanu Onoghen as acting CJN.

    In compliance with Section 231 (1) of the Constitution, the National Judicial Council (NJC), after its October emergency meeting, recommended Justice Onnoghen to the President as the next CJN.

    But the president, acting under Section 231(4) of the Constitution, named Onnoghen as acting CJN.

    By virtue of Section 231(5) of the Constitution, the President has three months to confirm Justice Onnoghen.

     

    What the Constitution says

    Section 231(4) says: ‘’If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

    ‘’(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.’’

    Following his inauguration on November 10, Justice Onnoghen, 66, became the 16th CJN. If confirmed, he will be in office until he is 70 in 2020.

     

    The man Onnoghen

    He was born on December 22, 1950 in Okurike Town in Biase Local Government Area of Cross Rivers State.

    He attended the Presbyterian Primary School, Okurike in Biase Local Government Area from 1959 to 1965. He was in Accra, Ghana to attend Odorgorno Secondary School, Adabraka, between 1967 and 1972 for his West African Examinations School Certificate (WASC) examination.

    Justice Onnoghen was at Accra Academy, Ghana between 1972 and 1974 for his WASC (A-Levels) before proceeding to the University of Ghana, Legon, between 1974 and 1977 to obtain his Bachelor of Law Degree (LL.B (Hons).

    He graduated with Second Class Upper Division and was among the best graduating students.He attended the Nigerian Law School, Victoria Island, Lagos between 1977 and 1978 for his B.L certificate. He completed his compulsory National Youth Service Scheme (NYSC) in July 1979.

    He was a Pupil State Counsel, Lagos State, (1978 – 1979), Partner in the law firm of Effiom Ekong & Company, Calabar (1979 – 1988), Principal Partner/Head of Chambers of Walter Onnoghen & Associates, Calabar (1988 -1989), Chairman, Cross River State Armed Robbery and Fire Arms Tribunal (1990 – 1993).

    Justice Onnoghen was also Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar (1996), Chairman, Failed Banks Tribunal, Ibadan Zone (1998), High Court Judge, Cross River State Judiciary (1989 – 1998)

    He was elevated to the Court of Appeal in November 1998, from where he was promoted to the Supreme Court in June 2005.

    Instructively, Justice Onnoghen is mounting the saddle at an inauspicious moment in the life of the third arm of the government, a season the Judiciary is shoved in the eye of the storm and it is being asked to justify its claim to perfection.

    The raid on the homes of some judicial officers by men of the Department of State Services (DSS), the on-going investigation of some judges and senior lawyers by the Economic and Financial Crimes Commission (EFCC), among others, have called to question the Judiciary’s integrity.

     

    ­Will Onnoghen make a difference?

    Will Justice Onnoghen make the difference? Has he the capacity to apply the cleansing gel urgently required to transform the Judiciary into a truly temple of justice? Can Justice Onnoghen, within the next three months, wield the magic wand?

    These and more are questions which ponder observers’ mind as Justice Onnoghen mounts the saddle.

    Having served at the apex of the Judiciary for about 10 years, and being the second in command in the last two years, Justice Onnoghen comes across as someone, who knows where the shoe pinches.

    This, he revealed, when, at his inauguration last week, he pledged to impact the system positively. He promised to support the government’s corruption fight in the judiciary, adding: “In this state of our development and with your programme in tow, I assure you of the full cooperation of the third arm of government in the continuation of the war against corruption and misconduct in the judiciary.

    “I intend to carry on where my predecessors stopped, modify certain areas, but with the general ultimate goal of having a better judiciary befitting the nation Nigeria.’’

    The suggestion is that the new CJN should first, preoccupy himself with the only task of reviving the battered image of the Judiciary, with efforts directed mainly, at reviving the waning public confidence in the judicial system.

    It is urged that he sustains the various reforms measures of his immediate predecessor, particularly initiatives aimed at ensuring the successful implementation of the recently launched National Judicial Policy (NJP).

    A major plank of the policy, which many agree is the provision in Section 2, titled: “Policy relating to judicial officers,” is driven by the belief that: “Judicial officers are the mainstay of the judicial system.”

    Justice Onnoghen’s immediate predecessor, stressed the importance of this policy at its inauguration on October 24, this year, at the National Judicial Institute (NJI), Abuja

    He explained that the policy was intended to enhance the performance of the Judiciary in the face of mounting public complaint and dwindling public confidence on its ability to deliver justice.

    The immediate past CJN’s position is captured in Article 1(5) – (9) thus: “In recent times, there has been much concern by the public about the efficiency, effectiveness and transparency of the judicial system. In particular, there has been waning confidence in the performance of the superior courts in regard to justice delivery.

    “Such concerns make it imperative to identify issues and problems militating against a credible justice delivery system that would command the confidence of the citizen.

    “The need to put in place a judicial policy is borne out of the realisation that the most efficient and realistic way to deal with the identified issues and problems is by way of a judicial policy that would guide and provide principles and guidelines for tackling, and dealing with the issues and providing actions for objective and durable solutions to the problems.

    “In the final analysis, the objective of the National Judicial Policy is to promote and ensure the highest possible standard of qualitative justice delivery.”

     

    Lawyers’ expectations

    Law experts, including the Nigerian Bar Association (NBA) President, Abubakar Mahmoud, leader of the Body of Senior Advocates of Nigeria and former NBA President Thomson Okpoko (SAN), Justice Minister and Attorney-General of the Federation (AGF), Abubakar Malami (SAN) and Legal scholar, Dr. Chukwudozie Anthony,  have identified ways of strengthening the Judiciary.

    Mahmoud commended the initiative behind the NJP, urging that it be carried through. He emphasised, particularly, the provision as contained in Part 6, which sets out “the transparency and accountability policy”.

    The NBA chief, while setting agenda for the new CJN, at the court session for the immediate past CJN, expressed support for the Federal Government’s effort to rid the Judiciary of corruption, emphasising the need for due process of law.

    On the recent arrest of judges and questioning of some senior lawyers, Mahmoud said: “We nevertheless recognise that these events, as distasteful as they have been, present the legal profession with an opportunity to confront the problem of corruption in the Judiciary and indeed, in the legal profession.

    “We must work hard to regain the confidence of the Nigerian people. I believe the view of almost all stakeholders that we are now almost at tandem as to what needs to be done. What perhaps must happen is for these views to be harmonised and clear strategy developed.

    Okpoko said the Judiciary brought the woes on itself. He contended that the concerned authorities in the Judiciary failed to act when signs of decay became evident in the conduct of the ‘erring’ judicial officers and senior lawyers.

    Okpoko, who spoke at the court session for Justice Mohammed, asserted: “Everyone in the profession knows that the last six months have been most turbulent in the history of the Judiciary. The profession has seen turbulences in the past, but never has it ever come to this level.

    “The signs of potential danger were all around the Judiciary, especially evident in conflicting judgments of the courts of coordinate jurisdiction, the misuse or abuse of orders of injunctions obtained ex-parte to stop criminal investigations among other misdemeanours.

    “We, in the profession (both the Bar and the Bench), have kept a blind eye to our problems for far too long. We have looked on the other side when improprieties and disgraceful conduct are manifesting themselves right in front of us.

    “We have been soft in matters that require stern handling. We have allowed rules to be twisted or bent because ‘it will adversely affect our people. We have sacrificed merits on the altar of geographical spread when we know that no matter how much we spread, we cannot cover everyone and everywhere.

    “That type of attitude must give way to positive thinking as to what will be best four Judiciary system and profession.’’

    Okpoko said although the situation was bad, it was not beyond redemption. He urged new acting CJN to effect far-reaching reforms to restore public confidence in the judicial system.

    He said: “Our incoming CJN must face these challenges. The task is enormous, but the damage is not beyond repairs. The inner Bar must look inward, call its erring members to order and be ready and willing to join hands with the Judiciary to carry out reforms of our judicial system, necessary to reposition the Judiciary.

    “These must not be cosmetic or fanciful reforms.  The reforms should address the issue and come out with what is best for the Judiciary and the country. There are crying needs for reforms everywhere.

    “The NJC should get back to the drawing board and produce realistic guidelines and policies designed to ensure that only the best candidates find themselves appointed as judges or justices. Judicial office must be seen as an appointive position, not a promotional office.

    “The profession must say goodbye to the immediate past era when the Judicial Service Commission in the states appoints or recommends, for appointment as judges, candidates, whose only basis of selection is the appearance of the candidate’s name in the list submitted by the state governor, his privy or some party leaders.

    “The profession must turn its back on those who want to ascend to the judicial office through sponsorship of godfathers or godmothers. We must resist every political interference in the appointment of judges. The NJC needs to be reformed in terms of its composition and its powers and functions.”

    Malami noted that Onnoghen was mounting the saddle “when the Judiciary has been called upon once more, to rise up to the challenge of asserting its age-long tradition of competence and integrity”.

    He said the Judiciary, for the sake of the people, could not afford to lower its guard in the discharge of its constitutional role as the third arm of government.

    The AGF, who was represented by the Solicitor-General of the Federation (SGF), Taiwo Abidogun, stressed the need for the new CJN to ensure a sustained collaboration between the Judiciary and other arms of government.

    He urged the new leader of the Judiciary to ensure a progressive improvement in the standard of the system and strive to treat cases of infraction of judicial oath by judges promptly.

    “I trust the new leadership of the new Supreme Court will continue to demonstrate its resolve to ensure that the standard of our Judiciary will progressively be improved and that, all cases of infraction of the judicial oath by judicial personnel will be addressed in a firm, expeditious and consistent manner.”

    Anthony urged Justice Onnoghen to enhance judicial independence. He frowned at the practice where judges grant audience to politicians in their homes.

    “You will recall that Justices Sylvester Ngwuta and John Okoro admitted, in their letters to the CJN, that they granted audience to politicians in their private residences. One wonders if that was acceptable in the first place. Judicial officers and other court officials should be properly educated on what their responsibilities are and what status entails,” Anthony said.

  • Ajayi: Exit of a legal icon

    Ajayi: Exit of a legal icon

    The legal profession has lost one of its giants. Sir Olaniwun Ajayi, 91, a chieftain of the pan-Yoruba socio-political group, Afenifere, died November 3.

    A lawyer, author, administrator and former commissioner in the defunct Western State, Ajayi was a true and unrepentant Awoist, who kept faith with the ideals of the late sage, Chief Obafemi Awolowo and the legacy of the Yoruba race.

    A firm believer in true federalism, restructuring and devolution of power, Ajayi was part of the pre-colonial political struggles which ultimately won the country its independence from colonial masters in 1960.

    Ajayi was fiercely loyal to the Awolowo political family, a good thinker and a responsible political leader like the late sage. He  belonged to the camp  of Awo associates alongside the late former Oyo State Governor, Chief Bola Ige, Chief Ayo Adebanjo, Chief Rueben Fasoranti, the late Chief Akin Omoboriowo, Prof. Sam Aluko, Chief Sunday Afolabi, Chief Busari Adelakun and Chief Lamidi Adedibu, former Ondo State Governor, the late Chief Adekunle Ajasin, Chief Alfred Rewane, Chief Anthony Enahoro, Senator Jonathan Odebiyi, Chief Sule Gbadamosi, Ven. Emmanuel Alayande, Chief S.O Lanlehin, Chief Dauda Adegbenro,  Chief Solanke Onasanya.

    He was part of the camp of that sustained the banner of The Progressives in the post-Awo era, particularly under a defunct political party, the Social Democratic Party (SDP), which banner the late Bashorun M. K. O. Abiola flew as its presidential candidate.

    With Abiola as presidential candidate of their party, the progressives for the first time in the political history of Nigeria, won the elections that was held in 1993.

    Ajayi was part of the “Ijebu-Igbo three” at the helm of affairs of Afenifere. The other two leaders were the late Senator Abraham Adesanya and Chief Ayo Adebanjo. Together, these leaders of Afenifere and members of the Justice Forum dictated the pace of politics in the Southwest in late 90s and years after.

    A Knight of the Methodist Church of Nigeria, the elder statesman was a member of the Committee of Friends, which later metamorphosed into the Unity Party of Nigeria (UPN) in the Second Republic.

    He had a great conviction that the Yoruba nation could  be greater than it is right now. With his death, the emergence of a true and well restructured Yoruba nation may have become a mirage.

    Ajayi was born in Isara Remo on April 8, 1925 into the family of Pa Benjamin Awoyemi  and Mrs.  Mariam Efundolamu Ajayi.

    He started his elementary education at Islamic Primary School, Epe and was in school for only three months before moving back to Ode Remo in 1937 where he completed his primary education. He later proceeded to Wesley College, Ibadan, Oyo State for a four year teacher’s course.

    Ajayi  later proceeded to London to study Law. He attended London School of Economics and Political Science where he in addition to Law studied and became a Chartered Secretary.

    He was appointed Commissioner for Education and later Commissioner for Health by the former Governor of defunct Western State, Brig. General Oluwole Rotimi and was in public service for three years before going into private practice as a legal practitioner.

    He founded the law firm Olaniwun Ajayi on November 2, 1962. Fifty-four years later, it has grown to one of the largest and most open partnerships in Sub-Saharan Africa. The expansion of the activities of the government of the newly independent Nigeria and the attendant surge in foreign direct investments and oil exploration activities contributed in shaping the depth and scope of the firm’s practice areas.

    Over the last five decades, Ajayi established a sterling reputation for a wide range of corporate, commercial and contentious work. The firm, particularly, established a reputation in commercial litigation, banking, finance and capital markets work and in advising both federal and state governments.

    IFLR 1000 once commended it as ‘first tier ranking for project finance’ and ‘the first firm to come to mind for mega transactions’, The Times of London described it as ‘A good firm in Africa’ while The Lawyer said it was ‘No. 1 African firm, Global League for Project Finance’.

    The firm is now managed by his son Professor (Reverend) Ajayi (SAN). Prof Ajayi is of the Middle Temple, England and Wales and was called to the Nigerian Bar in 1980. In 2000, he took silk in Nigeria, the Legal Practitioners Privileges Committee, having preferred him as a Senior Advocate of Nigeria.

  • ‘Review arbitration laws to attract investments’

    Chartered Institute of Arbitrators (UK) Nigeria Branch chairperson Mrs Adedoyin Rhodes-Vivour has called for a review of outdated laws on arbitration.

    According to her, developing Nigeria into a favoured arbitration centre would enhance economic development.

    She spoke in Port Harcourt, the Rivers State capital, during the institute’s annual conference.

    According to Mrs Rhodes-Vivour, if Nigeria must take its rightful place as a preferred seat of arbitration and an investor-friendly country, the legislative regime for arbitration must be in line with best practices.

    Nigeria, she said, needed to adopt modern arbitration frameworks that allow for multiple practice, consolidation of proceedings, concurrent hearings, emergency proceedings, enforcement of interim measures/procedural orders, among others.

    “It is long overdue for Nigeria to conduct a comprehensive review of all legislations which impact negatively on Nigeria’s attractiveness as an arbitration seat. Developing Nigeria into a favoured place of arbitration will enhance our country’s growth and economic development,” she said.

    The conference featured a special session to strategise with oil industry experts to create effective ways to apply alternative dispute resolution in resolving disputes in the industry.

    Mrs Rhodes-Vivour said the turbulence in the hydrocarbon industry would require effective and expeditious resolution of disputes in assuaging the effects of the downturn in the oil market.

    She said Singapore’s economy, for instance, grew partly due to an effective arbitration system as businesses easily resolved their disputes amicably out of court.

    Rivers State Governor Nyesom Wike, who gave the keynote address, decried double standards in the fight against corruption.

    “We are on our way to anarchy if we encourage or allow law enforcement agencies the latitude to abuse the fundamental rights of our citizens under the guise of fighting corruption. We also think that the Federal Government must hold every public officer, and indeed, every one of us, to the same standards of accountability,” he said.

    Chief Judge of Rivers State Adama Iyayi-Laminkara said the judiciary recognised the importance of arbitration and would encourage it.

    Rivers Attorney-General Mr Emmanuel Aguma said his ministry had trained lawyers and judges on arbitration.

    The conference also had sessions on emergency arbitration proceedings, third party funding, effects of modern technology/innovation, entertainment disputes, the role of mediators in modern forms of disputes such as terrorism and insurgency.

  • Company law made easy

    Company law made easy

    Title:   Nigeria Company
    Law Cases (NCLC)
    Pagination: 6,000
     Publisher: Alexander Payne Company Limited.
    Edited by:  Law Firm of  Adeleye&Adeleye
    Editor: Bamidele Adeleye
    Reviewer Adebayo Sowemimo

    The Nigeria  Company Law Cases (NCLC) is a compilation of  judgments of courts, especially the Court of Appeal and Supreme Court on Company Law cases from 1957-2016.

    The reports is a product of four years of intensive painstaking research and fourth publication of the publishers. Earlier publication of the publishers include Intellectual Property Law Reports 1917-2011(in six volumes); Supreme Court Judgments on Evidence 1951-2011(seven volumes); Supreme Court Judgments on Lands 1917-2013(six volumes).

    The book comes in six volumes of over 6,000 pages. It is intended to be a one-stop shop on Court judgments on company Law cases and disputes arising from the interpretation, application and operations of the Companies and Allied Matters Act Laws of the Federation 2004 and its predecessor, the Companies Act 1968.                               This book reports cases on major areas/ topics on Company Law including the qualifications, duties, and powers of Company Secretaries, Company Directors, Liquidators, Receiver /Managers and Shareholders.

    The judgments are cited as authorities to support their legal positions.

    In-house solicitors find NCLC very useful while writing legal opinions. Some of the important cases and the areas of company Law they covered in the six volumes include the case of Okeowo V. Magliore vol.1 Pg 320 which is the locus classicus on the duties of a company secretary. Other cases in vol.1 include the famous case of Fawehinmi V. NBA &Ors (2) vol.1 Pg. 884 which is a good authority on the legal status of incorporated Associations.

    Also, the case of Eronini V. Harbour vol. 1 pg 1 decided the issue on whether a company can have a Life Director in a company while the case of Kate Ent. Ltd V. Daewoo Nig. Ltd vol.1 pg 432 is an authority on the legal personality and status of a registered company. The famous rule of Foss and Harbottle was discussed in the case of Omisade V Akande vol.1 pg. 684 while the case of Stephen vs. Buildco. Nig Ltd vol. 1 pg. 87 is good legal authority for shareholders on the need for imperative on companies to pay dividends within reasonable time. Vol. 2 of the NCLC comprises judgments of court from 1991-1996. It contains judgments of court on the Indoor Management rule as contained in the British case of British Bank V. Turquand and now domesticated in the case of J.A Obanor& Co Ltd V. Corporative Bank vol. 2 pg. 625.

    The essence of incorporating a company is to give the company the status of an artificial person that can sue and be sued. Thus, the case of CalenNig Ltd. V. Unijos&Anor vol. 2 pg. 332 is pivotal in this instance. Vol. 3 of the NCLC comprises judgments of court on company law cases between1997-2002. It includes the case of Ezekwere V. Golden Guinness Breweries Ltd vol.3 pg 422 which is a good authority on the Scope of Companies and Allied Matters Act. The case of Baffa V. Odili vol. 3 pg673 which is famous as authority on the exclusive jurisdiction of the Federal High Court on matters relating to CAMA. The case of Bank of Baroda V. Iyalabani Co. Ltd vol.3 pg 887 deals with Status of a foreign company that operates in Nigeria.

    A receiver/Manager who needs to know the scope of its functions and whether its appointment is valid or not may refer to the case of Ponson Enterprises Nig V. Njigha vol.3 pg. 464.

  • ‘Blame NJC for corruption in judiciary’

    Activists have blamed the National Judicial Council (NJC) for corruption in the judiciary by “deliberately ignoring obvious signs of corruption on the Bench”.

    The coalition of activists under the aegis of One Voice Civil Society Coalition, which includes the Human Rights Law Service (HURILAWS), the Access to Justice (AJ), the Centre for Constitutional Governance (CCG), among others, faulted NJC’s latest directive barring publication of petitions against judges.

    At a briefing , HURILAWS’ Director Mr Collins Okeke, said: “The NJC treated corruption as an internal problem and failed to make corrupt judges accountable to the same standards applicable to others, such as criminal prosecution for corruption.

    “It has been canvassed and rightly so that the NJC deliberately ignores obvious signs of corruption. There is also a feeling that the NJC procedure for discipline is overly formalistic and legal, making it extremely difficult for complaints to come forward.”

    The group faulted the new guidelines that forbids publication of allegations of misconduct against judicial officers or employees.

  • AFBA to publish report on Burundi crisis

    The African Bar Association (AFBA)  has concluded its investigations on the political crisis and human rights violations in Burundi.

    Its President, Hannibal Uwaifo, said the soon-to-be-published  findings followed meetings with stakeholders and first-hand observations.

    At its rebirth conference in Harare, Zimbabwe, AFBA inaugurated a fact-finding mission to Burundi, one of the world’s poorest nations struggling to emerge from a 12-year-ethnic-based war.

    At the conference’s plenary session, reports of various disturbing issues relating to the legal profession and the overall wellbeing of Africans were addressed and recommendations made.

    Uwaifo said: “The situation in Burundi and Gabon were particularly worrisome. The conference then resolved to send a fact-finding team to both countries. We have visited Burundi and were  well received and attended to by the Government of Burundi, the organs and its people in a very transparent manner.

    “We met every segment of Burundi – political parties, opposition politicians, civil society groups, women groups,the press,the judiciary, Legislature, the  Attorney-General  and Minister of Justice, relevant Ministers and officers of the ministries, the military, the police, students and others.

    “What we found in Burundi will surprise everyone including the international community. The African Bar Association will soon publish the report.”

    Chairman of AFBA Governing Council and former Nigerian Bar Association (NBA) president Mr. Joseph  Daudu (SAN) said Africa was grappling with problems of leadership, good governance and rule of law.

    He said AFBA, which was moribund for years, would help with proffering solutions to Africa’s problems.

    “AFBA went comatose after the grand 1991 Abuja Conference under the leadership of Mr Charles Idehen, then President of the Nigerian Bar Association. It took quite a lot of efforts to revive it, particularly because the modalities of setting up a regional or sub-regional professional organisation is not the same as that of a national organisation.

    “In Africa, you must consider mundane but perennially recurring matters such as linguistic, religious and at times ethnic differences.

    “These are polarising factors, which also act as stumbling blocks to the unity and progress of African professional associations.

    “The rebirth of the AFBA will encourage African lawyers to interact, network, cross-fertilise ideas and seek solutions to their common problems.”

    Hr urged Nigerian lawyers to support AFBA.

    “It is beneficial to attend the annual conference of the AFBA because of the local content of the resource materials than to attend the IBA or other continental conferences.

    “Of very great importance is the opportunity that  the gathering provides for peer review and for the analysis and proffering of solutions to the multi-dimensional problems confronting Africa,” Daudu said.

    AFBA Vice Chairman, Budget and Finance, Mr. Eddy Mark, said the conference was a result of collective efforts to resuscitate the  association.

    “The conference had 16 sessions covering all aspects of law,  trade, commerce and immigration just to mention a few.

    “We must realise that Africa’s problems require African solutions and not the importation of the dainty mode of life in Europe America and Asia.

    “African political problems are easily understood, appreciated and workable solutions found for them with the home truths which the conference engineering template provided,” Mark added.

  • The fight against corruption: Matters arising

    I have been reading with interest, on-line, the reports coming out of Nigeria about the various acts of the government and their functionaries, and of peoples and groups like the Fulani cattle herds men, including the reactions of people and various levels of government to it.

    Enmeshed within all the outcry, is the constant reference to the fight against corruption. The fact that Nigeria is a corrupt nation is not debatable, and has been noised, in the past few months, by well known men and women all over the world, notable among whom was former Prime Minister David Cameron to the Queen.

    As an aside, it should be noted that, the word corruption was not manufactured in Nigeria, and must have been coined when what it connoted was in existence in the communities of those who coined and first used it. It would appear, from the activities of the present government and its functionaries, that, corruption is established only or mostly, when financial consideration is involved. How else can it be explained that the basis for the DSS going against sitting judges was because of alleged money consideration for judgments given or to be given by them? Would it have been regarded as corruption without the involvement of any financial consideration?

    Before I go any further, I must say I have at the back of my mind, the recent article by Reuben Abati in Guardian, on October 14, 2016, that there is a sinister presence in Aso Rock, which seems to be affecting those who take over power and the decisions they make. I would like to believe the saying that ‘’a house divided against itself cannot stand.’ Such forces should only surely attack those who act contrary to the agenda of the forces? Surely, it cannot therefore be the basis for thinking or concluding that those in power are perhaps under a spell, or ‘are beside themselves’ and should not be blamed for their wrong actions or misinterpretation of such.

    The word ‘corrupt,’ in its ordinary meaning, as stated in the ‘Collins English Dictionary’ is inter-alia ‘Lacking in integrity,open to or involving bribery or other dishonest practices…morally depraved;putrid or rotten; contaminated, unclean; (of a text or manuscript) made meaningless or different in meaning from the original by scribal errors or alterations..’ For the purposes of this write up, ‘ manuscript’ would be taken to be the Constitution. I am aware of the fact that the meaning of the word corruption goes well beyond this by reason of usage, and is a phenomenon which has been variously interpreted and dealt with at the United Nations and other world bodies. There is no doubt however that it involves lack of integrity and disregard for the Rule of Law in all its ramifications, which in this context is dictated by the Constitution and laws legally proceeding from it.

    A nation or government that continuously, directly, or through its operatives, disregard’s the Rule of Law with respect, for example, to how issues, including corruption, especially in the other realms of government, must be dealt with, how appointments into offices, should according to the Constitution, reflect a Federal character, turns a blind eye to how cattle herdsmen have been killing innocent people over decades, while trying to sort it out by encouraging the making of a law which would have the effect of turning appropriation of grazing land into ‘public use’ and the like, is heading towards, if not yet in anarchy. The greatest form of corruption ultimately is that of power, which ‘corrupts absolutely’ through disregard for the rule of law. This problem of corruption, through disregard for the rule of law and impunity, has been a part of our body polity through many governments that have held power since the begining of our democracy. The economic problems of some European nations should be a lesson to the financially corrupt and looters that, in the long run, everyone looses.

    Most  importantly, the Arab spring should be instructive to all levels and fuctionaries of government, of the ultimate effect of disregard for the rule of law in all its ramifications, when the rulers ignore the the feelings of the governed, or a section of it, and forget the source of their authourity. The Arab spring, and other forms of insurgency around the world, is an authentication of the concept of ‘constituent power.’ As I noted in my inaugural lecture (The rule of Law etc UNILAG 2009), the foundations can be found in the works of Marchiavelli, as to the tension between virtue and fortune. To him, “the distance between how one lives and how one should live is so great … he who discards what he does for what he should do usually learns how to ruin rather than maintain himself.’ This idea was later re-activated through the social contract theory, and the power of the people to resist bad government,” through the ballot box or otherwise. According to Locke, ‘ the people are the ultimate judge as to whether the government is living up to expectations or not. The people shall be the judge, for who shall be judge whether his Trustee or Deputy act well and according to the trust reposed in him, but he who deputes him, and must, by having deputed him, have still a Power to discard him, when he fails in his Trust.”

    There is no doubt that, the problems of disregard for the Rule of Law did not start with the current government, and that the feelings of discontent in the nation, against politics and politicians, has been brewing for long, in various parts of the country, and for dfferent reasons. It is however a ticking time bomb, which can be diffused by strict adherence, by all levels of government, Federal and State, to the provisions of the Constitution, which makes the State secular, in our multi- religious and multi- ethnic nation. Its never too late to turn back the hands of the clock. To be fore-warned is to be fore-armed.

     

    • Mowoe is a retired professor of Constitutional Law at the University of Lagos (UNILAG).

  • How to curb corruption among security agents, by institute

    The Institute of Criminal Justice and Criminology Administration (ICJCA) has vowed to help ride security agencies of bad elements.

    Its President and Chairman of council Dr Gbadebo Bajowa, said the institute is empowered by law to regulate criminal justice and criminology administrators.

    Speaking in Lagos during institute’s maiden induction of  fellows, members and associates, he said no effort would be spared in enforcing ethical standards among security professionals.

    Addressing the inductees, Bajowa, represented by Mr Bamishaye Samuel, said: “In your journey as certified criminal justice and criminology administration professionals, a lot is expected of you. The state of criminal justice and criminology administration in the country leaves much to be desired.

    “The institute is committed to working to correct this anomaly with recourse to her enabling Act which empowers her to regulate and control the practice of the profession in all its ramifications in Nigeria.”

    The guest speaker, Major Isaac Benjamin-Eboh (rtd), said there was need for continuous retraining of security agents especially in use of technology in fighting crime.

    “Periodic training and seminars will enable security personnel to be abreast of security challenges,” he said.

    He advocated community policing, saying threats could easily be detected and neutralised early where citizens get involved in crime prevention.

    Twenty-three senior security personnel were inducted as fellows, including Assistant Inspector-General of Police, Zone 7, Abuja, Usman Baba, Air Commodore Emmanuel Golit, Abia State Commissioner of Police Mr Oyebade Olusola, Lagos Commandant, Nigerian Security and Civil Defence Corps (NSCDC) Mr Balogun Tajudeen, among others. Seven members and 10 associates were also inducted.

  • The Mahmud Mohammed years

    The Mahmud Mohammed years

    As the 15th Chief Justice of Nigeria (CJN) Mahmud Mohammed bows out on Thursday on attaining the mandatory retirement age of 70, many will not forget the arrest of some judicial officers, including two Justices of the Supreme Court (JSC), which dogged his last days in office. As chairman of the National Judicial Council (NJC), which disciplines judges, his role in the saga will not be forgotten in a hurry. He promised to reform the judiciary on assuming office in 2014. Did he realise his dream? ADEBISI ONANUGA sought lawyers’ views.

    AfTER a two-year stint, Chief Justice of Nigeria (CJN) Mahmud Mohammed will bow out on Thursday as he attains the mandatory age of 70.

    On becoming CJN in November 2014, Justice Mohammed promised to build on the legacy of his predecessor, Justice Mariam Aloma Mukhtar. But, how has he fared?

    During the new legal year programme at the Supreme Court in September, he scored himself high, saying: “I am proud to say that by the will of the Almighty, I am leaving the Supreme Court in a better shape than I met it. Indeed, in the past year, this court has witnessed numerous improvements both in terms of physical infrastructure and statutory functioning that will no doubt put us on the cusp of greater accomplishments in future.”

    Barring the arrest of some judicial officers, including two Justices of the Supreme Court, by the Department of State Services (DSS) and the Economic and Financial Crimes Commission (EFCC) over corruption allegations, the CJN, to lawyers, has not done badly.

     

    Achievements

    To address delays in the administration of justice at the Supreme Court,  Justice Mohammed constituted a panel to sit on Wednesdays in addition to the normal panel sitting in chambers. This additional panel is the first in the history of the court, and it has been extremely successful in its operations, disposing 224 matters and dismissing over 300 other appeals from November 2014 to September, last year.

    In addition, the out-going CJN reduced delays in administration of justice with the adoption of alternative dispute resolution (ADR) in several courts. Under him, the heads of courts, under the auspices of the Board of Governors of the National Judicial Institute, last year set in motion the mechanism to further enhance the use of ADR in high courts.

    In his address at the All Nigeria Judges’ Conference last year, Justice Mohammed said the judiciary must be independent to be financially autonomous.

    He expressed concern over the dwindling allocation of resources to the third arm of government,  saying: “It is a source of great concern that in a country where an arm of government is appropriated with less than one per cent of the national budget, it is difficult to refer to our judiciary as being truly independent.”

     

    Pre-election cases against Buhari

    Under Justice Mohammed, the judiciary maintained its integrity in the handling of pre-election matters, especially those seeking to stop the All Progressives Congress (APC) presidential candidate, Muhammadu Buhari, from running.

    In his keynote address at last year’s All Nigeria Judges’ Conference, the CJN said: “It must also be noted that during the run up to the 2015 general elections, heads of courts, acting under my supervision, worked diligently to ensure that our impartiality, neutrality and independence were at the standard required of a modern judiciary, in order to create a level-playing field necessary for all parties and candidates taking part in those elections.

    “The Judiciary believed that Nigerians should decide and indeed they did so. The 2015 general elections have subsequently been lauded by the international community and most importantly by Nigerians as being largely free and fair.

    “These understated contributions, among the numerous judicial contributions that are so often forgotten, have nevertheless proven to be pivotal to the strengthening of our democratic values.

    “However, these notable decisions have been achieved in spite of limitations to the fiscal and physical independence of the Judiciary.”

     

    Disciplining of judges

    Justice Mohammed’s tenure also witnessed the sanctioning of many judicial officers, for, among others, breach of oath of office and corruption.

    Presiding Justice of the Court of Appeal, Ilorin Division, Mohammed Ladan Tsamiya,  Justice Kabiru Auta of the Kano State High Court and former Chief Judge of Enugu State Justice I. A. Umezulike are among those disciplined.

     

    Adoption of technology

    Given the extensive reforms required by the judiciary in Information and Communications’ Technology (ICT), the out-going CJN built on the policy framework developed by his predecessors. This culminated in the development of the Nigerian Case Management Software, the first of its kind in the world, which was developed in conjunction with the National Centre for States Courts (NCSC) and Microsoft Inc., both from the United States.

    The software is a realisation of the plans by the CJN and his predecessors to modernise the judiciary. It is viewed as a model worthy of adoption by other jurisdictions.

     

    Lawyers speak

    Lawyers believe Justice Mohammed is leaving the judiciary better than he met it.

    Mr Sylva Ogwemoh (SAN) said Justice Mohammed’s tenure witnessed many institutional changes and reforms. He said: “Justice Mohammed is both a quintessential judge and a consummate administrator. He was Chief Judge of Taraba State and Presiding Justice of the Court of Appeal before his elevation to the Supreme Court from where he eventually became the Chief Justice of Nigeria.

    “He brought his experience garnered over the years in the various hierarchy of courts to bear in the discharge of his duties as Chief Justice of Nigeria. As you walk into the Supreme Court today, you will immediately notice the structural development that is a product of his regime.”

    To Ogwemoh, Justice Mohammed delivered on justice delivery.

    “He put in place a discreet system to empanel justices of the Supreme Court to hear cases so as to ensure that litigants with corrupt tendencies do not have an idea of the panel assigned to hear their cases.

    “My Lord also introduced the method of hearing an appeal in one day and delivering judgment on the appeal the same day. To avoid, I believe, undue pressure from desperate and very dangerous political litigants before the court. These were innovations introduced by my Lord, Honourable Justice Mahmud Mohammed to ensure effective and corrupt-free justice delivery system.

    “I will not hesitate to state in clear terms that the Supreme Court and, indeed, the Nigerian judiciary did very well under his watch. He also did his best to ensure discipline is maintained in the judiciary.”

    He, however, lamented that in the twilight of his regime “things got a bit awry due absolutely to no fault of the outgoing CJN but because of lack of respect for due process and the rule of law on the part of government agencies like the DSS,” adding: “some of us still believe that what happened towards the end of his regime was avoidable if only the DSS followed the due process of law as envisaged under our Constitution in dealing with the alleged cases of corruption”.

    Ogwemoh emphasised the fact that the rule of law and our Constitution must be obeyed at all times, saying: “the moment we begin to sidetrack our Constitution for the rule of the jungle, we should know that we are sliding into failure, no matter how genuine our intentions may be, because a country that operates without respect for its Constitution is doomed to fail.”

    Mr Dafe Akpedeye (SAN) also said that Justice Mohammed enjoyed quite an impressive career at the Bar and the Bench.

    According to him, it is on record that he got to the peak at each level of his journey on the Bench as the Attorney-General of the defunct Gongola State, Chief Judge of Taraba State and Presiding Justice of the Court of Appeal.

    Describing the achievements of Justice Mohammed as “a rare and incredible feat”, Akpedeye recalled that the way the judiciary handled the election petitions that emanated from last year’s elections and others during his tenure was a proof that he was determined to make sure the rule of law prevailed.

    He said: “It is worth mentioning that he also possesses a very calm and peaceful personality. He has kick-started the use of secured legal email system wherein court processes can be exchanged between the Bar and the Bench electronically; he has consistently cautioned and, in fact, set up investigations into judges who give conflicting decisions.

    “It is indeed appalling when conflicting judgments are given by the superior courts. It places the legal system in a state of uncertainty which is against the time-worn principle of stare decisis upon which the judicial system is built.”

    Akpedeye added that Justice Mohammed would be remembered for his call on judges to be quick in dispensing justice, adding that the outgoing CJN did exceedingly well on the Bench.

    “His judgments are quite profound and geared towards doing substantive justice. As a judge, he exhibited a blend of intelligentsia and experience. He has given notable judgments in almost all areas of the law.”

    Akpedeye said the outgoing CJN had also contributed immensely in our criminal law jurisprudence. He said: “It is on record, that in Abdullahi Mohammed v. State (2013) LPELR – 19822 (SC), while delivering the lead judgment, the learned jurist held that the conviction of the accused person (appellant) by the trial court wherein no lawyer represented the accused is a nullity as it deprived the accused of the safeguards protected by the Constitution. Thus, the accused was allowed to go scot free.

    “Furthermore, on criminal procedure, the Hon. Chief Justice in F.R.N. v. Mohammed Usman & Anor. (2012) LPELR – 7818 (SC) restated the sacred principle of law that where an interpreter is used in recording the statement of an accused person, such statement is in law, inadmissible unless the person who was used in the interpretation of the statement is called as a witness in the proceedings as well as the person who recorded the statement.’’

    The CJN, Akpedeye further said, played the fatherly role during the recent saga involving the DSS and some justices of the Supreme Court and the High Court. “He openly decried the manner his learned brothers were treated. He did not disassociate himself from them. This shows that the CJN is a team player,” he stated.

    Mr Abayomi Omoyinmi, a member of the Ogun State Judiciary Service Commission, described the two-year tenure of Justice Mohammed as very eventful, especially his contributions towards sanitising the judiciary, particularly in sustaining his predecessor’s programme and for a very vibrant judiciary that will engender a justice system that can deliver justice without any blemish.

    Omoyinmi noted that the tenure of Justice Mohammed also witnessed changes in the guidelines for the appointment of judges, whereby would-be judges would not only rely on their appointment by state Judicial Service Commission but would have to go through interviews by the NJC before any applicant’s name could be confirmed.

    However, he sees the recent raid by the DSS on some judges and revelations on some election petitions’ pronouncements and counter-revelation by politicians, even at the level of the Supreme Court as worrisome. He wished the event did not happen during the outgoing CJN’s tenure when other significant contributions he made within his little time for a better Judiciary are considered.

    Former Secretary of the Nigerian Bar Association (NBA), Ikeja Branch, Mr Adesina Adegbite, said: “He (Justice Mohammed) is one of the most unassuming personalities I’ve ever met. He is a gentle man per excellence and highly humble to a fault.

    “What is most striking about him is his personality, his integrity and discipline. Notwithstanding the recent unfortunate actions of the DSS, under his Chairmanship, the NJC has shown more vibrancy and effectiveness as can be seen in the disciplinary actions meted out to the erring judges even within his short tenure as the CJN and Chairman of NJC. The Bench and the Bar will surely miss this genial but undoubtedly justly jurist.’’

    CJN’s media aide Issa Ahuruka, said Justice Mohammed is “a miracle maker” who, despite the neglect, starvation or declining yearly budgetary allocations, has taken  strident steps and made tremendous contributions to position the judiciary as not just the last hope of the common man, but the ligament that holds the reins of the nation’s polity and, consequently, binds the three arms of government together.

  • Good planning laws ’ll combat climate change

    Good planning laws ’ll combat climate change

    Cross River State Governor Ben Ayade, a lawyer, is a professor of Environmental Sciences. Last year, he led a delegation of governors from Africa to the Climate Change Summit in Paris, France. He was the only African governor listed to speak at the event by the United Nations Secretariat. In this interview with Legal Editor John Austin Unachukwu, he discusses the realities and effects of climate change and how to combat climate change through environmental laws and legislations.

    How do you appraise state environmental laws?

    Our environmental laws, that is the laws that govern and regulate the impact of human activities on the environment, are still developing, like other human activities. But there is always room for improvement. Mind you, environmental law covers a broad spectrum of activities, which include air, water, land, flora or fauna. It includes laws that relate to the protection of animals, the conservation and preservation of forests and plants.

    How do we drive this campaign through appropriate legal frameworks?

    We can do this through our town planning laws;  for example, we,  in Cross River, are ensuring that in every house, you must have a minimum of four trees on each side to ensure that there is a way,  there is  a full interaction between the plants and the residents in the house. Therefore, public campaign by way of advocacy, doing it physically, laws,  legislations, radios, adverts, physical door-to-door campaign are the things you do to sharpen the consciousness of the ordinary man to the realities  of climate Change. And, of course, they also must have some posters that must show them the risks, the incidental implications of climate change. I do know that where I grew up from, most of the streams that we used to play with as little children have all dried up. Those are the effects of climate change because all the water sheds have all gone. These are the things we must distill down to the grassroots for them to appreciate that this climate change is real, it is not a theory, it is not academic, it is real.

    As a lawyer, what informed your interest in environmental protection and climate change?

    I actually feel that I am living out my dream.  I am giving back  to humanity. First of all,  I am  a Professor  of Environmental Science and I do realise that the issue of climate change is real and Nigeria is affected seriously. I also understand that global problems are like environmental issues, even though global in nature, the solutions are local.  And so,  in  my own little way  as  governor of Cross River State that has 58 percent of the entire forest cover of Nigeria, I  owe  Nigeria and, indeed, all Africa the responsibility of demonstrating that indeed,  we can actually reverse the cataclysmic effects  of climate change and instead of speaking, I am doing the working,  talking. So, I talk it and I do it.

    What do you mean by this?

    I mean that I talk it and I do it,  that is why we demonstrated commitment to plant five million trees, that is why we have a dedicated Ministry of the Environment and  Ministry for Climate Change and  Forestry. The truth is that the approach to climate change, particularly when you look at it from the global perspective, has been on adaptation and mitigation. That strategy is what I am advocating for a change,  that truly if you want to mitigate against  climate change, one practical thing you need to do is to actually put the trees on the ground, plant  them, training  people on how to manage them, do forest inventory, do  stock taking is not adequate, capacity building is good. But, most importantly, let us convert the environment into a form of resource, give people money to grow trees,  to  plant  trees, as they are planting  trees, they are reducing the volume  of carbon dioxide in the atmosphere, they are reducing the amount of noxious gases in the atmosphere making the climate better and safer for us.

    As the global ambassador for climate change, how can the man  on the street contribute to protecting the environment  and ozone layer against climate change?

    The immediate one is aforestation and, of course, training them to be able to prohibit or reduce or attenuate deforestation.When you are deforesting, because most communities are dependent on their  forest resources  for their means of livelihood and the issue of absolute conservation means that you are dislocating the communities from their dependence on the forests. And so, the critical thing that is the right thing to do now,  is forest management as opposed to conservation. So, when it comes to forest management, it allows the community to harvest from the forest in such a way that is a  sustainable manner, so you take such trees that are old, tired and are of no value while replacing them with the young ones. It is different from conservation where it is absolute ban of some sort. And for the rural poor and for the general public to add value to the climate change, they must start from keeping their small nurseries, planting their own trees and ensuring that they live in green economy.

    Environmental awareness has not been in the front burner of our national life. How do we sensitise our people to be environment conscious in their actions, how do we get our people to key into this crusade?

    The major one is advocacy, which has to do with training, enlightenment and public campaigns. We, in Cross River State, under my watch for example, have reintroduced the green carnival which means one day, everybody in Calabar would be on green, everybody with one tree at least and planting a tree. We are also starting an urban aforestation programme. In doing urban aforestation,  we are championing and campaigning for people to be conscious of the environment, the slashing and burning of forests,  the anaerobic digestion from our open sewers, open drains and gutters leading to noxious emissions into the atmosphere had become a major precursor for global warming.

    What is your advice to Federal, states and local governments on how to key into and sustain the global crusade for climate change?

    The Federal Government has already started the great green wall, state governments like my own government are already introducing green carnivals and I know that most states too are following suit. So, all they need to do is to wrap up their activities and also carry the people along. Let them follow in the campaign and programme to ensure that the consciousness sinks down and distills to every citizenry, that is the only way we can actually ensure that we are leaving the society, the system and the environment better than we met it, otherwise, the level of deterioration that is occurring , state of cataclysm will reach very soon.