The Nation Newspaper

Category: Law

  • Steps to creating a N500tr budget, by Agbakoba

    Steps to creating a N500tr budget, by Agbakoba

    Former Nigerian Bar Association (NBA) President Dr. Olisa Agbakoba (SAN) has submitted a landmark policy report produced by his law firm Olisa Agbakoba Legal (OAL) to President Bola Ahmed Tinubu. It is entitled: “Governance and economic analysis and forecast 2025: To succeed, Nigeria needs innovation and efficiency to create a N500 trillion budget for 2026/2027.” He provided highlights at a media parley in Lagos

    On the report

    This policy paper presents a comprehensive strategy for Nigeria’s economic transformation from a resource-dependent economy to a diversified, production-oriented powerhouse capable of generating a N500 trillion budget by 2026/2027. This ambitious target represents a fundamental reimagining of Nigeria’s economic architecture and governance model that will address unsustainable debt burdens while dramatically enhancing revenue generation. Drawing on Acemoglu and Robinson’s “Why Nations Fail,” our analysis demonstrates that Nigeria’s economic underperformance stems primarily from extractive institutions that concentrate power and wealth among elites. Sustainable prosperity requires replacing these with inclusive institutions that distribute economic and political power broadly across society.

    On fundamental imperatives

    First, Nigeria must restructure its governance architecture through meaningful devolution of powers to states and local governments, constitutional reform that reflects true federalism, judicial independence, and legal system modernisation, and comprehensive anti-corruption measures and public service reform. Second, strategic interventions across multiple sectors can unlock over N500 trillion in economic value. These include N85 trillion from oil and gas reform through a shift from “Contract Oil” to “Development Oil”; N65 trillion from comprehensive tax reform and enhanced revenue collection; N50 trillion from MOFI optimisation through asset monetisation and public-private partnerships; N45 trillion from strategic development of critical minerals; N40 trillion from unlocking “dead capital” through property rights reform; N35 trillion from maritime and blue economy development; N30 trillion each from aviation sector revitalisation and digital economy expansion; N25 trillion each from enforcing local content requirements and implementing strategic trade policies; and N10 trillion from space industry development.

    On judicial reform

    Nigeria must develop a robust domestic arbitration ecosystem that reduces reliance on foreign dispute resolution mechanisms. We advised the Federal Ministry of Justice on the National Policy on Arbitration and Alternative Dispute Resolution, 2023. The policy aims to establish fundamental principles to guide the Federal and State governments’ participation in arbitration references, and position Nigeria as an attractive arbitration hub for domestic, regional, and international commercial arbitration whilst protecting national interest. This requires strengthening the Arbitration and Mediation laws and processes to align with international best practices while protecting national interests; establishing specialised arbitration centres with subject-matter expertise in key economic sectors; training a cadre of internationally recognised Nigerian arbitrators; and ensuring judicial support for arbitration through non-interference and efficient enforcement of awards. The arbitration framework should offer expedited procedures for time-sensitive commercial disputes, particularly those involving international investors or critical infrastructure projects.

    On sector tribunals

    Sector-specific tribunals for technical matters like taxation, intellectual property, and commercial disputes would further enhance efficiency while developing specialised judicial expertise. However, this restructuring must distinguish between the administration of justice (where legislative interference is inappropriate) and judicial administration (where legislative frameworks are necessary). Well-crafted legislation governing the National Judicial Council and judicial appointments would strengthen institutional governance without compromising decisional independence. The current judicial appointment process represents perhaps the greatest threat to judicial independence, with executive dominance creating systemic vulnerabilities to political pressure. Reform requires designing merit-based selection procedures with meaningful input from diverse stakeholders—the bar, civil society, judicial peers, and academic institutions. These procedures must prioritise competence, character, and commitment to constitutional values over political connections or demographic calculations. Judicial independence must be balanced with meaningful accountability mechanisms…

    Strategic pathways to a N500 trillion economy

    For Nigeria to achieve transformative economic growth, we must recognise the critical distinction between two foundational infrastructure types: hard infrastructure (physical assets like ports, railways, power systems, and digital networks) that provides the foundation for economic activity; soft infrastructure (institutions, laws, policies, rules, and regulations) that shape economic behaviour and determines whether assets generate prosperity or become instruments of extraction. Simultaneously, Nigeria must strategically advance three economic domains: The Blue Economy (sustainable use of ocean resources), which remains our most underdeveloped economic frontier despite Nigeria’s 853km coastline; the Green Economy (environmentally sustainable practices), which offers pathways to leapfrog traditional development stages; the Brown Economy (traditional industries), which requires moderniation and efficiency gains.

    MOFI optimisation

    The Ministry of Finance Incorporated (MOFI) holds assets worth N30 trillion but remains grossly underperforming. Through proper asset monetisation, concessions, and public-private partnerships, MOFI could generate at least N50 trillion annually. This includes approximately 50,000 abandoned federal projects across the country valued at over N10 trillion and Federal Government landed property estimated at about N5 trillion. The Federal Secretariat in Ikoyi Lagos alone is worth at least N120 billion and has been abandoned for over 40 years. MOFI needs comprehensive reform to transform it from a passive asset holder to an active asset manager. This requires establishing a professional asset management structure with private sector expertise, developing a comprehensive asset register to document all government-owned assets, and implementing aggressive asset monetisation strategies including sales, concessions, and public-private partnerships…

    Enforcement of Section 162 of the Constitution

    Most Ministries, Departments, and Agencies (MDAs) are not fully aware that they are required to statutorily transfer all revenues generated by them to the Federation Account under section 162(1) of the Constitution. Even though the Constitution sets out the legal basis of public revenue, legislation is needed to compel all MDAs to make statutory transfers of all tax and non-tax income to the Federation Account…A central revenue monitoring system should be established to track all government receipts in real time, with regular public reporting of revenue generation and remittance by each MDA. Strict enforcement of this process will immediately double the tax and non-tax income of the Government very substantially, potentially reaching N50 trillion.

    Maritime and blue economy development

    The maritime sector represents one of Nigeria’s most significant untapped economic opportunities. Experts estimate it can generate N7 trillion annually and create 2 million jobs over five years. When fully optimised, the sector could generate up to N35 trillion annually through direct maritime services, port operations, shipping, and blue economy activities. Currently, Nigeria loses about N20 billion daily (N7.2 trillion annually) at ports due to poor infrastructure and inefficiencies. Over 25,000 foreign vessels illegally trade in Nigeria’s coastal waters, resulting in an estimated revenue loss of at least N4 trillion annually. To address these challenges and capitalise on opportunities, several key legislations need to be passed. These include a comprehensive Blue Economy Act to establish a framework for marine governance and resource management; a Marine Spatial Planning Act to regulate ocean space usage and avoid conflicts between industries; a Sustainable Fisheries and Aquaculture Act to strengthen regulation ensuring sustainability and food security; a Maritime Security and Piracy Suppression Act to combat piracy and maritime crimes; a Ports and Harbors Bill for modernising port operations and infrastructure; and a Maritime Zones Bill to better define and enforce Nigeria’s maritime jurisdiction. Additionally, the Coastal and Inland Shipping Act (2003) needs strengthening to prevent violations by foreign vessels…

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    From “Contract Oil” to “Development Oil”

    Nigeria stands at a critical crossroads in its economic development, with its vast oil and gas reserves presenting a unique opportunity for transformation through a shift from the existing “Contract Oil” model to a “Development Oil” approach. The current governance framework, characterised by passive state participation through Joint Ventures and Production Sharing Contracts with International Oil Companies, has failed to translate Nigeria’s petroleum wealth into broad economic prosperity, leaving 133 million Nigerians in multidimensional poverty despite constitutional mandates that natural resources be used for citizens’ welfare. By implementing a “Development Oil” model, Nigeria could potentially generate N85 trillion in additional value through strategic asset management, active state participation, value addition within the country, and enhanced local content development. This paradigm shift would position oil and gas resources not merely as commodities to be extracted and exported, but as strategic catalysts for comprehensive national development, aligning with constitutional obligations and addressing the resource curse that has plagued the nation…

    Financial services sector revitalisation

    The Financial Services Sector (FSS) is the oxygen and lifeblood of a strong economy. The FSS consists of several key institutions: the Banks, the National Credit Guarantee Corporation, a Development Bank, and the Central Bank of Nigeria (CBN)…

    The CBN is the fourth FSS institution. The CBN as presently constituted is overburdened with far too many functions – monetary policy, development funding, banking supervision, financial misconduct, etc. Nigeria, as a federation with diverse regional economies, would benefit from a reformed central banking system that combines decentralised economic responsiveness with strong centralised regulation. Drawing lessons from both the U.S. Federal Reserve System and the Bank of England, we propose a hybrid model that addresses Nigeria’s unique economic challenges. Nigeria should establish Regional Reserve Banks aligned with its geopolitical zones.

    These would include the North Central Reserve Bank, North East Reserve Bank, North West Reserve Bank, South East Reserve Bank, South South Reserve Bank, and South West Reserve Bank. They would collect and analyse regional economic data, implement monetary policy with regional sensitivity, participate in a Nigerian Open Market Committee (similar to the FOMC), address regional development funding needs, and maintain closer relationships with financial institutions in their regions. While decentralising operational aspects, regulatory functions should be strengthened through a centralised approach. The Central Bank of Nigeria would focus primarily on monetary policy stability, coordinate financial system stability, manage the Nigerian Monetary Policy Committee, and oversee national currency and reserves. The Nigerian Prudential Regulatory Authority would handle banking supervision and licensing, implement prudential regulations, monitor capital adequacy and liquidity requirements, and conduct stress testing of financial institutions. The Nigerian Financial Conduct Authority would investigate financial misconduct, protect consumers of financial services, ensure market integrity, and promote competition in financial services. This reform could generate significant economic impacts. It would inject over N10 trillion into the Nigerian economy through improved policy effectiveness and create thousands of high-quality jobs across the financial sector. The changes would reduce the regulatory burden on compliant institutions, improve monetary policy transmission to diverse regions, better address regional economic disparities, enhance financial inclusion in underserved areas, and strengthen investor confidence through improved regulatory clarity.

    Digital economy expansion

    The digital economy already contributes 18 per cent to GDP and has generated over N1 trillion in two years. With proper legislation and investment, this could increase to N30 trillion annually. This sector has huge potential for both tax and non-tax revenue opportunities, but realizing this potential requires appropriate legislative frameworks. Key areas for digital economy expansion include fintech development, providing a clear regulatory framework for financial technology companies; e-commerce expansion, supporting the growth of online marketplaces and digital trade; digital infrastructure investment in broadband and data centres; digital skills development, training Nigerians in tech skills to support the digital economy; and digital government services, digitising government services to improve efficiency and reduce corruption. The digital economy can drive job creation, particularly for youth, enhance financial inclusion by providing access to financial services for the unbanked, improve government service delivery through e-government initiatives, and boost productivity across all sectors through digital transformation. Proper policy frameworks, investment incentives, and skill development programs can accelerate this growth.

    Tax reform and revenue collection

    Reorganising revenue collection agencies and addressing tax evasion by multinationals (which has cost $178 billion over 10 years) could yield N65 trillion annually. This includes creating a one-stop shop for revenue collection by transferring all revenue collection functions to the Federal Inland Revenue Service (FIRS). For instance, the Customs Service currently provides two functions, enforcement and revenue collection. The revenue collection function could be transferred to FIRS, with the remaining enforcement function merged with Immigration to create a Nigerian Border Protection Agency. This would create a more coherent and efficient revenue collection system while strengthening border enforcement. The tax base needs expansion by bringing more individuals and businesses into the tax net. This requires simplifying tax compliance procedures, deploying technology for tax administration, and implementing effective tax education programs. Property taxes, currently underutilized, should be strengthened as a major revenue source for state and local governments.

    Local content enforcement

    Nigeria’s inadequate enforcement of local content requirements represents a significant untapped economic opportunity. While the Nigerian Oil and Gas Industry Content Development Act has achieved some success in the engineering sector, it has been poorly implemented across other critical services. Of the 36 value chains in crude oil exploration, at least four key sectors—Legal, Banking, Shipping, and Insurance—continue to exclude Nigerian participation almost entirely. The scale of this economic leakage is substantial: in legal services alone, Nigeria loses over $1 billion annually to foreign firms. When properly enforced across all sectors, local content policies could generate N25 trillion in economic value annually while creating substantial domestic employment and skills development…

    Unlocking dead capital

    Nigeria’s total property assets are estimated at over $6 trillion, yet 80 per cent of properties are dead capital with no revenue value. Reforming property titling to link property to the financial system could inject at least N40 trillion initially into the economy by converting “dead capital” into bankable assets that financial institutions can recognize as collateral. The Land Use Act created a framework for land titles, but the process has become clogged, diminishing the impact of land collateralisation on lending and borrowing. Reform of land use and administration would enable Nigerians to borrow against their property, releasing massive funds into the economy…

    Trade policy reform

    …Through comprehensive trade policy transformation, Nigeria can generate N25 trillion in economic value through foreign exchange savings, revenue enhancement, and domestic economic stimulation—establishing itself as a resilient, competitive force in a fragmented global trading system where national economic strategy has replaced multilateral cooperation as the defining feature of international commerce.

    Critical minerals development

    Nigeria holds substantial deposits of critical minerals that are essential for modern technologies and the global green energy transition. The North Central region, comprising states like Plateau, Nasarawa, Niger, Kwara, Kogi, Benue, and the Federal Capital Territory, is particularly rich in minerals like Columbite-Tantalite (Coltan), Lithium, Tin, Rare Earth Elements, Cobalt, Tungsten, and Zirconium. Strategic development of these mineral resources would not only diversify Nigeria’s economy beyond oil and gas but also position the country as a key supplier in the global critical minerals supply chain, potentially generating up to N45 trillion annually. This requires creating a comprehensive geological survey to map mineral deposits, developing modern mining legislation that balances investor incentives with national interests, and establishing transparent licensing procedures to attract reputable mining companies…

    Aviation sector revitalisation

    The global aviation industry supports 65.5 million jobs worldwide and contributes $2.7 trillion (3.6 per cent) to global GDP. Despite this potential, Nigeria’s aviation sector has severely underperformed, characterized by alarming instability in domestic airlines. By 2000, approximately 150 airlines were registered in Nigeria, yet only 28 survived by 2006. This trend continues in 2025, with indigenous carriers struggling against structural and regulatory challenges, most notably the absence of effective local content policies. Nigeria maintains over 90 Bilateral Air Service Agreements (BASAs) and participates in the Single African Air Transport Market with 27 other African Union member states. However, these agreements predominantly benefit foreign carriers. Currently, more than 25 foreign airlines operate into Nigeria from multiple international destinations, while only one Nigerian airline maintains international operations and a mere handful serve regional routes. This imbalance allows foreign carriers to dominate Nigerian airspace, extracting over N1 trillion annually from the economy—resources that could otherwise support national development. The implementation of a comprehensive “Fly Nigeria Bill,” modelled after the Coastal and Inland Shipping (Cabotage) Act 2003, presents a transformative opportunity. This legislation would reserve commercial air transportation of passengers, cargo, and services to Nigerian-flagged carriers, ensuring that government expenditure on air travel (conservatively estimated at N100 billion annually) builds domestic airline capacity rather than enriching foreign carriers. By guaranteeing a stable base of operations, revenue, and passengers, this policy would create sustainable business models for indigenous airlines while reducing foreign exchange outflows. Corporate governance reform within the aviation sector is equally crucial to address the persistent failure rate of Nigerian airlines. Regulatory frameworks establishing a clear separation between ownership and professional management, strengthening financial oversight, and enhancing operational risk management would build investor and public confidence. Complementing these regulatory improvements, infrastructure development focusing on airport modernization, runway enhancements, and navigation system upgrades would improve operational efficiency and safety standards. Strategic interventions should include establishing a specialized aviation leasing company to reduce the capital burden on Nigerian airlines, and making modern aircraft acquisition more accessible. Developing comprehensive aviation training institutes would build local expertise in piloting, engineering, and management, while investment in domestic maintenance facilities would stem the outflow of foreign exchange for overseas maintenance and create thousands of high-skilled technical jobs. Through these coordinated interventions, the aviation sector could generate approximately N30 trillion in economic value through direct operations, tourism facilitation, trade enablement, and associated services—transforming from a drain on national resources to a catalyst for economic growth.

    Space industry development

    While aviation represents the present frontier of aerospace development, space technology offers Nigeria’s next horizon of economic opportunity. The global space economy has experienced explosive growth, with space infrastructure companies alone attracting a record $14.5 billion in private investment in 2021. Current projections indicate the global space economy will reach $1.8 trillion by 2035—presenting a strategic window for Nigerian participation. Nigeria’s existing space programme, while modest, provides a foundation for expansion. The Nigerian Communications Satellite (NIGCOMSAT) and the National Space Research and Development Agency (NASRDA) have established basic capabilities, but significant policy modernisation and investment are required to capture substantial economic value. The 2006 National Space Policy and 2010 NASRDA Act require comprehensive updates to align with contemporary international frameworks, particularly the Artemis Accords governing future space exploration and resource utilisation. A revitalised Nigerian space program would focus on five strategic domains: satellite communications, earth observation, position/navigation/timing services, space science/exploration, and downstream application development. By prioritising practical applications with immediate economic returns alongside longer-term capability building, Nigeria could establish a self-reinforcing ecosystem of space-derived economic benefits…With strategic investment and policy alignment, Nigeria’s space sector could reasonably generate N10 trillion in economic value through direct services, technology applications, and productivity enhancements across multiple sectors of the economy.

    On need for speedy implementation

    Implementation requires execution at “Trumpian speed” – characterised by decisive action, concurrent implementation across multiple fronts, results-oriented governance, bureaucratic streamlining, and technology leverage for acceleration. The ultimate success of these economic policies will be measured not by macroeconomic statistics or international recognition, but by tangible improvements in the daily lives of ordinary Nigerians: Does the market trader in Onitsha have more money in her pocket? Is food more affordable for the factory worker in Kano? Can the farmer in Benue access better healthcare and education for his children? Does the office worker in Lagos see a clear path to a better future? With a rapidly growing population, intensifying climate impacts, escalating global competition, and an unsustainable debt burden, Nigeria must capitalise on recent reform momentum to build inclusive institutions for broadly shared prosperity. The transformation outlined in this report is not just economically necessary—it is the moral imperative of our time.

    Reimagining governance architecture

    Effective governance and strong institutions form the bedrock of economic development. Nigeria requires comprehensive reforms in this area to create an enabling environment for economic transformation. Central to this transformation is the fundamental reimagining of Nigeria’s governance architecture. The current over-centralisation of power creates bottlenecks, encourages rent-seeking, and stifles local initiative. However, before addressing structural reforms, we must confront a more fundamental challenge: establishing political order and national unity as the foundation for all other governance reforms.

    Devolution of powers (restructuring)

    The current federal structure of Nigeria is excessively centralised, concentrating power and resources at the federal level while limiting the autonomy and capacity of states and local governments. This arrangement has proven inefficient and has contributed to poor governance outcomes across the country. A meaningful restructuring must address three key issues: what are the federating units, how to ensure fair fiscal federalism and revenue sharing, and how to ensure that power rotates fairly and inclusively. On federating units, George Anderson, in his book “Federalism: An Introduction,” explains that federations are products of unique historical processes and can vary greatly in structure—ranging from as few as two federating units to over 80. Nigeria’s federating units have evolved to reflect its diverse ethnic, religious, and cultural landscape.

    On model options

    Three distinct models present viable options for Nigeria’s restructuring. In Model 1 (Zones as Federating Units), the six geopolitical zones (Northcentral, Northeast, Northwest, Southeast, Southsouth, and Southwest) would become the primary federating units. These zones broadly accommodate Nigeria’s diversity, though not perfectly, as they contain unequal numbers of states. Each zone would have the autonomy to create its internal states and local governments as needed, creating a more flexible system responsive to regional needs. In Model 2 (Enhanced State Federation), the current 36 states would remain as federating units, but with constitutional measures to ensure greater equality among states within each zone. The geopolitical zones would be formally recognised in the constitution and granted powers to pass regional legislation and establish shared political, economic, and judicial institutions, creating a more cooperative federal system. Model 3 (Mixed Approach) would recognise both the zones and states as federating units, creating a two-tier federal structure. Additionally, it would provide special status to certain areas of national significance—such as major cities with federal importance—and create special protections for minority groups that might otherwise lack adequate representation in either zone or state governance structures.

    On fiscal federalism

    On fiscal federalism, Nigeria’s current arrangement is extremely centralised. The Federal Government collects at least 97 per cent of revenues, making it one of the most centralised federations globally. Most federal systems collect between 50-75 per cent of revenues at the central level. Nigeria needs to create a better balance by allowing states greater control over natural resources in their domain. The current constitutional distribution of legislative power heavily favours the Federal Government, which exercises exclusive authority over 68 items and shares jurisdiction with states over 30 concurrent items… We commend President Tinubu’s enforcing of Section 7 of the Constitution, which guarantees financial autonomy for local governments and establishes democratically elected governance at the local level. Local government is critical because most citizens live at this level, and building capacity here is essential for effectively addressing primary healthcare, education, and other local concerns.

    On constitutional reform

    Closely connected with the devolution of powers is constitutional reform. The 1999 Constitution lacks popular acceptance because it was imposed by the military. The current model of piecemeal constitutional amendment has proven ineffective, taking far too long (over 20 years) and failing to win popular and legitimate acceptance. Prof. Ben Nwabueze in his paper “Legal Authority for the Convening and Holding of a National Conference and for the Making of a People’s Constitution,” suggests a more pragmatic option: wholesale constitutional replacement through the National Assembly’s sovereign authority under Section 4(1) of the Constitution.

  • Court resolves protracted Enugu land dispute

    Court resolves protracted Enugu land dispute

    An Enugu State High Court, sitting in Enugu Judicial Division, has settled the protracted litigation over a parcel of land, Plot P/23C, Independence Layout, Enugu, measuring over 6000 square metres in the state capital.

    The court, presided over by Justice C. O. Ajah, in a Suit No. E/658/2021 in the matter between Hymac Real Limited and NSE Enugu State branch, NULGE Enugu State branch, Barr. Okey Ezugwu, and unknown person, declared that Hymac Real Limited was validly granted Plot P/23C, Independence Layout Enugu by the state government.

    Hymac Real Limited, one of the leading estate developing companies in the Southeast, who are the claimants in the case, had sought among others, a declaration that they were validly granted Plot P/23C, Independence Layout Enugu.

    It was gathered that the said land was initially granted to Rainbownet Limited in 2001 by the state government, which revoked same title on May 17, 2017, before granting it to the claimants in 2021.

    However, the defendants claimed that the land was allocated to them between 2010 and 2014, a period the Rainbownet title was still subsisting.

    Counsel to the claimants, Sam Orji, who filed the applications, said the defendants had allocated the land to themselves through the powers that be at the time without the title of Rainbownet being revoked or a proper subdivision in line with the Town Planning Law of Enugu State being done in respect of that particular plot.

    He, therefore, asked the court to determine whether any of the defendants can obtain or be validly granted a right of occupancy over any portion of Plot P/23C while the interest of Rainbownet was still subsisting between 2001 and 2017, while they all claimed to have got their respective titles between 2010 and 2014.

    Orji also urged the court to determine whether any of the defendants obtained or could be granted any right, title or interest in portion of the Plot P/23C which measures over 6000 square meters without the town planning law being complied with first by subdividing those plots in accordance with the law.

    “Subdivision is different from partitioning. It is a matter of law. It has to come before the commissioner who signs it as subsidiary legislation to the town planning law of Enugu State,” he said.

    While delivering judgment on the matter, Justice C. O Ajah, agreed with the claimants in all their submissions in the application, and having granted the application, went on to declare that Hymac Real Limited, was validly granted Plot P/23C, Independence Layout Enugu.

    The court declared that the defendants who were claiming subdivisions of that plot would get nothing because whatever was done in giving the land to them was null and void and of no consequence.

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    Justice Ajah further awarded a N5 million cost as damages in favour of Hymac Real Limited.

    Speaking with newsmen after the court session, the managing director of Hymac Real Limited, Okey Ayogu, expressed gratitude to the judiciary, describing the courts as truly the last hope of the common man.

    While attributing the judgement to Governor Peter Mbah’s administration’ commitment to ensuring that Enugu remains an investment haven, he said, “My special thanks go to the governor of Enugu State, who has decided to ensure that Enugu would be a favourable destination for investors without godfather. I say this because my case was that of an investor, who decided to come back home to invest. But the powers that be at home say, insisted it cannot happen because I’m not a known person. And the governor insisted that the government and those in government must not throw their weight around.

    “It is that unbiased and impartial justice seeking mood of the government that gave the judge the liberty to do the right thing.

    “For over three years, the judiciary was being muscled against doing a right thing in this matter.

    “Governor Mbah has demonstrated that he’s an investment driven and investment friendly governor and I can rightly say that Enugu State should be the destination of every investor in Nigeria.

    “If you buy one plot of land in Enugu, you can go to sleep knowing that Enugu State government will not allow ‘powerful individuals’ to take your property from you. It is that that posture of the government that allowed justice to be well served on this our case. I give thanks to him.

    “I want to encourage other investors to come on board to invest in Enugu. Enugu is peaceful and investment friendly”.

  • Lagos family rejects chieftaincy nominee

    Lagos family rejects chieftaincy nominee

    Controversy has erupted over the Eletu-Odibo chieftaincy in Lagos Island as the 14 recognised branches of the ruling family have petitioned Governor Babajide Sanwo-Olu, rejecting the purported nomination of Prince Ajibade Ismail Nosiru Ayeni.

    In a protest letter, the family’s legal representatives, acting on behalf of accredited leaders, including Chief Rashidi Onilere and Alhaji Imam Abdul Ramon Mogaji, expressed deep dissatisfaction with the recommendation of Prince Ajibade.

    Citing ongoing litigation (Suit No: LD/4135LM/2022), the petitioners claimed that the ancestry of Prince Ajibade’s grandfather, Alhaji Rafiu Saka, is being challenged in court.

    “The family has publicly disclaimed any blood connection with him through several published notices,” the petition read.

    The family stressed that any attempt by the Lagos State Attorney- General, the law firm of Kayode Sofola & Associates, or any other party to interpret a Supreme Court judgment on a subject matter that is currently before the Lagos State High Court constitutes an act of contempt.

    “It is not within the purview of these parties to make legal conclusions on a live issue before the court. Doing so undermines judicial authority and due process,” the petition warned.

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    The family stated that a popular Ifa divination process held on December 16, 2023, had already produced Prince Ademijuwon Raimi Ajose as the rightful candidate, with the support of all 14 family branches and other contestants.

    The petitioners called on Governor Sanwo-Olu and relevant authorities to investigate the matter and halt any official recognition of Prince Ajibade.

    They also requested that the state government intervene to restore peace and uphold the sanctity of tradition.

    Copies of the letter were also sent to the Attorney-General of Lagos State and the Commissioner for Local Government and Chieftaincy Affairs.

  • Tackling worrying menace of judgment misinterpretation

    Tackling worrying menace of judgment misinterpretation

    There is a growing trend of parties to a suit claiming victory after judgment – each interpreting the orders as they suit them. Legal experts say the development undermines judicial authority and must be nipped in the bud, writes Deputy News Editor JOSEPH JIBUEZE.

    Until recently, it was unthinkable to defy court orders.

    But it is becoming a regular occurrence for parties to either disagree with judgments or act in a sub-judicial manner while cases in which they are parties are pending in court.

    This has partly been blamed on the weakening of some institutions due to political considerations.

    For instance, if a top government official who has significant influence over the police is cited for contempt and a judge orders his arrest, will the police comply with an order to arrest the contemnor?

    A judge was once urged by a lawyer to issue an arrest order for a top military chief for disobeying an order.

    The judge retorted: “Who will arrest him?”

    The response underscored how helpless the Judiciary is amid disobedience to its orders: it does not control the Armed Forces.

    Why judgments are disobeyed/misinterpreted

    Due to high-stakes political motivations, some may believe that complying with court rulings could weaken their position or empower opponents.

    Governments might argue that following a court order could endanger the country or citizens, although this reasoning is often controversial.

    Then, there is the perceived lack of integrity in the judiciary.

    With that arm of the government increasingly subject to attacks, some argue that the judiciary’s integrity is compromised, leading to a lack of trust in the system.

    One of the major causes seems to be weak enforcement of court orders.

    Some judgments are not enforced, making it difficult to hold parties accountable.

    The disregard for the rule of law also does not help.

    A general disregard for the rule of law and democratic process contributes to disobedience.

    Many judges have been sanctioned for abuse of discretionary powers, so at times some find reasons to repudiate orders.

    In effect, courts may grant orders that are not in line with the law, leading to disputes.

    The consequences of disobeying court orders are severe. It results in a loss of confidence in the Judiciary.

    When people lose faith in the judicial system, self-help may become more prevalent.

    Disobedience to court orders can lead to a breakdown in law and order, undermining the stability of the nation.

    There are also economic consequences.

    Disobedience can deter investors, lead to job losses, and exacerbate unemployment.

    Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, had warned both individuals and institutions against disobedience to court orders.

    The CJN stressed that no one, irrespective of social status, will be permitted to treat the courts with disregard.

    Speaking at a special Supreme Court session to mark the commencement of the 2024/2025 legal year, she said: “Obedience to court orders is non-negotiable.

    “No individual or institution, irrespective of their standing, will be permitted to treat the judgments of our courts with levity or disregard.

    “The judiciary stands resolute in ensuring that the sanctity of our legal decisions is upheld.”

    There have been a few recent instances that may be a source of concern for the CJN, who must now walk the talk.

    A former Second Vice President of the NBA, Monday Ubani, described as dangerous the trend of misinterpreting Supreme Court judgments rather than complying with them.

    He said: “In recent times, a disturbing and dangerous trend has emerged within the Nigerian legal and political landscape.

    “It is the deliberate misinterpretation and misrepresentation of final court judgments, particularly those of the Supreme Court, by parties to suits.

    “Rather than submitting to the authority and finality of these decisions, parties now cherry-pick aspects of the judgments that suit their personal or political interests, often spinning misleading narratives that cause confusion, tension, and disorder within the polity.”

    This trend, he pointed out, has played out brazenly in several recent cases.

    He cited the case of Governor Siminalayi Fubara and the Rivers State House of Assembly, where parties to the dispute offered conflicting interpretations of the Supreme Court’s ruling, particularly in relation to the status and validity of the Assembly’s actions post-defection, as well as the governor’s compliance with purported agreements.

    Another instance is the PDP leadership tussle involving Samuel Anyanwu and Mr. Okorie Okoye, in which the Supreme Court’s pronouncement was supposed to end the internal wrangling.

    Yet, both sides claimed victory, creating further ambiguity and exacerbating the conflict within the party.

    There are also instances where parties have refused to await the outcome of litigations.

    For instance, it took a court order to restrain parties in the Natasha Akpoti-Uduaghan vs Godswill Akpabio case from further litigating the matter in the court of public opinion.

    The highlight of such misinterpretations occurred in the Labour Party’s leadership crisis.

    The contending factions have continued to hold opposing positions, undermining the authority of the court’s decision.

    What the Supreme Court said in the LP case

    Following the Supreme Court judgment, Julius Abure claimed he was not sacked as the LP National Chairman.

    But the Nenadi Usman-led team, backed by the party heavyweights, have gone ahead to submit the certified true copy of the judgment to INEC.

    The Nigeria Labour Congress (NLC) also asked the Police and other security agencies to eject Abure- led executives from the party’s national headquarters in Abuja.

    A close examination of the CTC of the judgment shows that the Supreme Court overturned Federal High Court and Court of Appeal rulings, both of which recognised Abure as National Chairman.

    The Supreme Court, in the judgment by Justice Inyang Okoro, read by Justice Mohammed Idris, held: “Earlier in this judgment, I mentioned that the trial judge, after carefully reviewing the case of the first respondent—along with the attached exhibits and counter-affidavits—concluded that the central issue in the case was the leadership dispute within the first respondent, which the court lacked jurisdiction to address.

    “The trial judge should have stopped there and struck out the suit.

    “Going further to make pronouncements, especially on relief number five (5) sought in the case, amounted to unjustifiably assuming jurisdiction over the internal affairs of the first respondent and declaring Barrister Julius Abure as the National Chairman of the party. This should not have been done.

    “I have also reviewed the judgment in Appeal No. CA/ABJ/CV/1172/2024: Labour Party (LP) Vs. Chief Olusola Nehemiah Ebiseni, which the court below referenced in affirming Barrister Julius Abure as the National Chairman of the party.

    “To my surprise, I found that the subject of that appeal was about determining the authentic Labour Party candidate for the Ondo State Governorship Election held on November 16, 2024, between Chief Nehemiah Ebiseni and Dr. Olurunfemi Ayodele Festus.

    “The dispute centred on whose name should be published by the Independent National Electoral Commission (INEC) as the party’s candidate.

    “The trial court favoured Chief Ebiseni, who emerged after a fresh election on July 18, 2024, following Dr. Ayodele’s alleged voluntary withdrawal.

    “The lower court’s judgment favoured Dr. Ayodele, having found that he did not withdraw from the contest.

    “There was no issue in that appeal regarding the leadership dispute within the Labour Party specifically presented for the court’s determination.

    “In this case, the court below, after recognising that the first respondent’s (LP’s) main relief was relief number five, based on the leadership of the first respondent and thus not justiciable, strayed beyond its jurisdiction into the realm where even the angels dread to tread to pronounce Barrister Julius Abure as the National Chairman of the 1st respondent.

    “The law applicable here is as expressed in the Latin maxim: Nihil non-expetant aedificare stare, meaning that ‘one cannot put something on nothing and expect it to stand’.

    Read Also: Edo: Why we are appealing tribunal’s judgment, by PDP

    “The first respondent’s suit at the trial court had no legs to stand in the circumstances and deserves to be struck out.

    “Permit me, at this point, to reiterate the trite position of the law that if a court is bereft of jurisdiction to entertain the main relief in an action, it will not have the ancillary claim, and more so if the ancillary claim will inevitably involve a discussion of the main claim, as in this case.

    “In summary, both the trial court and the court below lacked jurisdiction to entertain the first respondent’s suit, whose main relief, as observed, was relief number five, treated as an appendage.

    “As a result, the decisions of both the trial court and the court below, which recognised Barrister Julius Abure as the National Chairman of the first respondent, are set aside, and Suit No. FHC/ABJ/CS/1271/2024 is struck out for want of jurisdiction.

    “In the same vein, the first respondent’s cross-appeal in Appeal No. SC/CV/564/2025, stemming from the same judgment of the court below, is hereby dismissed.

    “Before I am done, may I admonish political parties and their members to endeavour to always allow their constitutions, rules, regulations and guidelines to guide them in choosing their officers as well as candidates.

    “That way, incessant internal rifts which always find their way to court would be reduced.

    “If the constitution of a political party has prescribed duration for tenure of office of an officer, such officer should be humble enough to at the expiration of the tenure.

    “In the final analysis, I find this appeal to be meritorious and is hereby allowed. Each party shall bear their respective costs. Appeal allowed.”

    Abure claims victory

    Surprisingly, LP hailed the judgment, saying it validated its earlier position that political matters are internal affairs of the party.

    Obiora Ifoh, speaking for the party, said: “The Supreme Court judgment didn’t sack Labour Party national chairman, Julius Abure.

    “Rather it rightly upheld the preceding and accumulated high courts and appeal court judgments upholding the immutability of responsibility of Labour Party structures to choose its leaders.

    “The judgement did not also set aside the Appeal Court judgment in Labour Party vs Ebiseni and 2 others (CA/ABJ/CV/1172/2024) delivered on 13 November 2024, which affirmed Julius Abure as the National Chairman of the Labour Party.

    “The judgment is still valid and subsisting and has not been appealed.

    “The implication is very clear. Abure remains the Labour Party national chairman.

    “The question is: who are the leaders of the party? The party constitution is clear as to who are the leaders of the party.

    “The leadership of the party has been the National Working Committee led by Barrister Julius Abure.”

    Lawyers deplore non-compliance

    Ubani stressed that the Supreme Court, as the final arbiter of justice in Nigeria, made pronouncements that ought to bring finality to the disputes.

    “Yet, parties have manipulated these judgments to suit their selfish agendas, leading to public confusion and a deepening of the very conflicts the court sought to resolve.”

    He said the development is dangerous because it undermines the finality of the Supreme Court.

    “If judgments of the apex court are subject to multiple interpretations by parties, it threatens the very foundation of our judicial system.

    “The authority and integrity of the judiciary are eroded when parties treat final court decisions as mere opinions rather than binding mandates.

    “It perpetuates endless litigation and conflict. If there is no common understanding and acceptance of a final judgment, then there can be no end to disputes.

    “The essence of judicial resolution is defeated when parties act contrary to the spirit and letter of a ruling.

    “It erodes public confidence in the judicial process.

    “When the public sees that court decisions do not bring resolution or certainty, they may begin to question the relevance of the courts.

    “This undermines the rule of law and fosters a culture of lawlessness and disrespect for judicial authority,” Ubani said.

    To arrest this growing menace, the former Ikeja Branch Chairman of the Nigerian Bar Association (NBA) called for greater clarity in judgments and commitment to ethics.

    He said: “The Supreme Court must make its judgments more explicit and unambiguous.

    “Where necessary, the court should provide clear consequential orders to eliminate room for manipulation and mischief by litigants or their legal representatives.

    “Legal practitioners must uphold the highest standards of professional ethics.

    “Lawyers should advise their clients honestly and responsibly, even if the court’s decision is unfavourable.

    “It is unprofessional and dangerous for lawyers to become merchants of confusion by spinning judgments to favour their clients’ desires rather than the truth.

    “Contempt proceedings must be actively pursued against defaulters. Parties who willfully misinterpret or defy court judgments must be held accountable.

    “The courts should not hesitate to invoke their contempt powers to punish such conduct, which seeks to bring the judiciary into disrepute.”

    Ubani stressed that the judiciary remains the last hope of the common man, and if the sanctity of its decisions is not preserved and enforced, the very fabric of our democratic governance will be at risk.

    “All stakeholders – lawyers, litigants, political actors, and the media must play their part in respecting and upholding the finality and authority of the Supreme Court.

    “This is the only way to ensure peace, order, and the continued relevance of the judicial institution in our democratic experiment,” he added.

    A Senior Advocate of Nigeria (SAN), Jibrin Okutepa, underscored for all to respect court judgments.

    He stated in a social media post: “The efficacy of judgments of courts and their finality are not in doubt. Judgments form parts of our laws.

    “They are rendered with binding force. But here in Nigeria, those who should respect judicial decisions desecrate it and treat it with levity and disdain.

    “Nigerian constitution says that the judgments of courts have binding efficacy on all persons and authorities. See section 287 of the 1999 constitution.

    “Yet authorities and persons who have duties and responsibilities to give effect to these judgments treat them as if they are just for decorations.

    “The judiciary itself is just there. It is not angry about the kind of treatment it is getting.

    “Its decisions are just being treated with disdain, yet this same judiciary will give favourable judgments to those who treat its decisions with disdain and scorn.”

    A former NBA President, Dr Olisa Agbakoba (SAN), also decried the situation.

    Asked for his thoughts on the misinterpretation of judgments, he said: “That’s a problem. The judiciary isn’t what it used to be. My comments about the judiciary also reflect my general comments about Nigeria.

    “I will hope the CJN will understand that if confidence isn’t felt in the context of what Nigerians feel about the judiciary, then no one will go there, or if they go there, they do so feeling they can buy judgments.

    “Look at the case that came on appeal in respect of the governorship candidacy in Plateau.

    “Neither the appellant nor respondent knew who won. It appeared that the court gave judgment for both sides. That’s a problem.”

    Indeed, a problem that needs urgent solutions.

    For Chief Louis Alozie (SAN), such an anomaly occurs in political cases where the stakes are high.

    He said: “Most politicians in Nigeria have no other address. So, politics is their means of livelihood.  Desperation is common.

    “In nonpolitical cases, parties hardly misinterpret court judgments. 

    “Most of the time, they (parties in political cases) won’t pay attention to what the judges are reading.  They go to town with the little they hear. 

    “The claims are made even before the parties obtain certified true copies of the judgments. 

    “To redress the abnormality, parties should be barred from commenting on judgments they have not obtained or read.

    “The judges also should endeavour to avoid ambiguities in their judgments, to avoid misinterpretation by the parties.

    “Any inelegant reliefs sought by the parties through their counsel should be redrawn in such a way that no one can be in doubt as to what the courts are saying.”

  • Afe Babalola: how to boost trade in Africa

    Afe Babalola: how to boost trade in Africa

    • SAN gets ILA lifetime achievement award

    Founder and Chancellor of Afe Babalola University, Ado Ekiti (ABUAD), Aare Afe Babalola, (SAN) has emphasised the importance of entrepreneurial education and the need for increased focus on agriculture and sustainable food production as a first step in boosting intercontinental trade in goods and services across Africa.

    Aare Babalola argued that increased investment and education on agriculture will not only boost domestic food security, making Africa the food basket of the world, but will also unlock foreign exchange earnings and foreign direct investments,.

    He said these were urgently needed to accelerate Nigeria’s path towards sustainable development.

    He stated this after he was honored with the Lifetime Achievement Award, by the International Law Association (ILA), Nigerian Branch.

    The award was presented at the President’s Dinner and Award Night organised as part of the 8th Annual International Law Conference of the association held at Afe Babalola University, Ado Ekiti.

    The dinner featured a high-level keynote conversation with Babalola, moderated by the Chair of the Conference Planning Committee, Dr. Adenike Akinsemolu. 

    The event had in attendance many dignitaries and international law experts, including the President of the Association, Prof. Damilola Olawuyi (SAN), the Minister of Trade, Industry, Regional Integration and Employment of Gambia, Hon. Baboucarr Ousmaila Joof, who was the special guest of honour at the event, the Gambia Ambassador to Nigeria, Ambassador Muhamadou Musa Njie, the Director of Trade, Economic Community of West African States (ECOWAS) Commission, Mr. Kolawole Sofola.

    Others in attendance included the President of the Africa Agenda Network, Ambassador Saul Frazer, the Gambia National Chair of the African Union Women Network, Muna Jallow, the Attorney General and Commissioner of Justice of Ogun State, Oluwasina Ogungbade, (SAN), Partner, Aluko & Oyebode, Mark Mordi, (SAN) Chief Kayode Aderemi, Head of Chambers, Kayode Aderemi & Co, and the Vice Chancellor of Afe Babalola University, Ado Ekiti, Professor Elisabeta Smaranda Olarinde, amongst other dignitaries.

    The event which also reflect conversation on the extraordinary career of Babalola who rose from humble beginnings to become a renowned lawyer, university administrator, farmer, philanthropist, winner of the African Man of the Year in Food Security (2014 and 2024), and the Founder of the prestigious Afe Babalola University, Ado-Ekiti (ABUAD).

    While speaking on his foray into law, education and development, Babalola noted that his passion for transforming lives through high quality education spurred in him a desire to contribute his own quota by establishing ABUAD to serve as a benchmark and model for world class education.

    Read Also: Afe Babalola warns against proliferation of varsities

    Similarly, the ILA Emerging Star Award for an Outstanding Young Professional was presented to Emmanuel Latona Adedeji, an emerging international law scholar and member of the Young Members’ Committee of the ILA, while the ILA Service Award was presented to Ayodeji Asala, the president of the ABUAD chapter of the ILA.

    While presenting the awards, the President of ILA Nigeria, a Senior Advocate of Nigeria (SAN)  Prof. Olawuyi noted that the ILA Outstanding Achievement Medal is the highest and most prestigous award of the ILA, which is presented for outstanding lifetime contributions in the field of international law and diplomacy.

    Prof. Olawuyi, who is also an independent expert of the United Nations Working Group on Business and Human Rights noted  “Recipients of this prestigious award represent Nigeria’s finest in terms of education, foreign policy and diplomacy.

    “Aare Afe Babalola’s remarkable contributions to food security, education, law and nation-building is truly remarkable and an inspirational example of everything we strive to do as international lawyers: to educate, to empower and to give back.

    “We are greatly inspired by his exemplary dedication to international law and diplomacy as well as his consistent track record of mentoring the next generation.” Olawuyi stated.

    The ILA was founded in Brussels in 1873. The ILA now has some 4,500 members in 45 national and regional branches around the world.

    It is headquartered in London under the leadership of Professor Christine Chinkin. ILA’s objective, under its constitution, is to promote the ‘study, clarification and development of international law’.

    ILA has consultative status with a number of the United Nations specialised agencies. Membership of the ILA is open to anyone, including lawyers and non-lawyers, interested in international law.

    The Nigerian Branch of the ILA regularly hosts innovative lectures, seminars, conferences, and other capacity development programmes to advance the study and understanding of international law in Nigeria. To learn more about the ILA, its activities, and events visit http://www.ila-hq.org.

  • Fagbemi: why we’rereviewing Federal laws

    Fagbemi: why we’rereviewing Federal laws

    Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), yesterday said federal laws are being reviewed “to modernise, consolidate and harmonise Nigeria’s body of federal statutes.”

    He spoke in Abuja while opening the second retreat of the Committee on Review, Revision and Consolidation of Laws of the Federation of Nigeria (LFN).

    Fagbemi noted that the committee has recorded steady progress in its work, adding that the Federal Ministry of Justice has taken several measures to ensure that the assignment was delivered efficiently.

    He said: “This second retreat is a strategic consolidation of our national law reform efforts and provides an invaluable opportunity to: review progress made since the first phase; address any technical or structural challenges encountered during the collation process; harmonise the output across working groups; and set the tone for the final stages of this important project.

    “The next stage of the law review and consolidation process would include editing and proofreading the reviewed legislation, ahead of the final collation, production and printing of the laws of the federation.

    “It is my conviction that these phases will be executed with even greater commitment by the Committee, with the support of stakeholders and development partners,” the AGF said.

    Read Also: Fagbemi, Tunji-Ojo fault suit against expatriate employee levy

    Former Ekiti State Attorney-General and Commissioner for Justice, Olawale Fapohunda (SAN), who chairs the committee, said it has so far reviewed 697 laws out of the mandated 737, assuring that, with just 40 outstanding to go, the committee will deliver in 2025.

    He explained that the approach adopted by the committee has been inclusive and consultative, including getting inputs from broad ways of stakeholders in order to deliver timely and meet the expectations of Nigerians.

    Fapohunda said: “The committee’s mandate is to review 737 laws of the federation, but we have so far completed 697 with 40 more outstanding to go.”

    “Our approach has been inclusive and consultative with the intention to engage the Nigerian Bar Association (NBA) and other broadways of stakeholders. We are open and available for engagement, and we are on course to deliver timely and meet the expectations of Nigerians.”

    Representative of the Rule of Law and Anti-Corruption (RoLAC), Toyin Badejogbon, called for support for the review process, saying legislative development updates will enhance legal access.

    Badejogbon said: “Our courts, research institutes, law reforms commission, and citizens all need the law to engage meaningfully.”

  • DSVA to PWDs: be abreast of SGBV laws

    DSVA to PWDs: be abreast of SGBV laws

    Executive Secretary of the Lagos State Domestic and Sexual Violence Agency(DSVA) Mrs Titilola Vivour-Adeniyi has admonished persons with disabilities (PWDs) to keep themselves abreast of the laws and other regulations on sexual and gender-based violence (SGBV).

    She spoke at a 2-Day Advocacy Training for Persons with Disabilities (PWDs)  held at Amber Residence, GRA, Ikeja

    The advocacy training was held with the support of the Rule of Law and Anti-Corruption (ROLAC) funded by the European Union and Implemented by the International Institute for Democracy and Electoral Assistance (IDEA)..

    Mrs Vivour-Adeniyi said the sole aim of the training is to create critical awareness and amplify the voices of persons with disabilities, who are  often left unheard and underserved in conversations around sexual and gender-based violence (SGBV).

    “We know that persons with disabilities also experience sexual and gender base violence and it is important we take the messages to them in a way they understand, appreciate and take action”

    “And the most important skill we are starting up with is the laws. It js important that these people know the law, what to do, where to report too, number to call and medical facilities to run too for help at low cost. Also we aim at strengthening relationships that they can have full confidence to approach and report cases of abuse” she added.

    Read Also: DSVA, UK parliament to share legislative instruments on SGBV

    Mrs. Viviour-Adeniyi also stated that the expectations from these training is to increase the number of reports from PWDs

    “We are already seeing the numbers. in 2023 we provided  services to 11 PWDs, last year 2024, it increased to 25, the numbers of persons and we are expecting more”.

    The General Manager Lagos State Office of Disability Affairs, Adenike Onyetunde- Lawal,  further explained  that the essence of the whole training is to inform, educate and empower PWDs as it concerns sexual and gender based violence.

    “Check the number, it happens to be larger number of survivors are PWDs and  it is because issues and enlightenment of this nature are rare.”

    “I appreciate RoLAC and DSVA for putting this together ensuring PWDs are not left behind and also ensuring that anyone who abuse faces the full  wrath of the law and also putting information forward on why persons with or without disabilities should not be abuse at all.”

    “Access to justice is the key point from RoLAC and that’s why we are here” she added. 

    The State Resources and Administrative Rule of Law and Anti-Corruption Program International IDEA, Abimbola Ushie, said in her remarks that PWDs need to learn about their rights and what Lagos State can do for them.

    “The training is for them to learn about the key provisions of the law, how sexual and gender base violence affects them and agencies responsible for taking care of such cases”

    “They say knowledge is power and with this training PWDs can be empowered with the right tools, strategies and the laws they are entitled to too for protection”, she said.

  • Edo governorship battle shifts to Appeal Court

    Edo governorship battle shifts to Appeal Court

    Parties in the Edo State governorship dispute are set for the Court of Appeal. Assistant Editor ERIC IKHILAE revisits the tribunal decision.

    The dispute over the September 21, 2024 governorship election in Edo State began shortly after the Independent National Electoral Commission (INEC) declared Senator Monday Okpebholo of the All Progressives Congress (APC) as the winner on September 22, 2024.

    Most of the other 17 parties disagreed with the outcome and headed for the Edo State Governorship Election Petition Tribunal.

    They are the Peoples Democratic Party (PDP), the Accord Party (AC),  the Allied Peoples Movement (APM), the Action Democratic Party (ADP), the Zenith Labour Party (ZLP), the Social Democratic Party (SDP) and the Action Alliance (AA).

    Some of the petitioners withdrew midway into proceedings.

    The SDP and its candidate, Aner Abdullai Aliu, were the first to withdraw on February 4, 2025.

    They told the tribunal that they were no longer keen on proceeding with the case because the party’s leadership at the national level had already congratulated Okpebholo.

    The APM, the ADP and the ZLP also announced their withdrawal on February 7, for the sake of justice and peace in the state.

    The decision by the SDP, APM, ADP and ZLP to discontinue their cases left only three – the AA, the AC and the PDP – whose petitions were eventually considered by the tribunal.

    Tribunal begins sitting

    The three-member tribunal had its inaugural sitting on December 9, 2024. It comprised Justices Wilfred Kpochi (Chairman), K. B. Yusuf and A. A. Adewole.

    In his inaugural address, Justice Kpochi urged lawyers to cooperate with the tribunal.

    Justice Kpochi, who said he was encouraged by the calmness in the courtroom, expressed discomfort about the influx of supporters.

    He said: “On our part, we will say we will cooperate with you. You are senior lawyers. Do not shout at us and we will not shout at you either.”

    Ken Mozia (SAN), who led the PDP legal team and  Onyechi Ikpeazu (SAN), who led Okpebholo’s team, promised to be professional in the presentation of their cases.

    On the same day, the tribunal conducted a pre-hearing session on the petition by the PDP and its candidate, Asue Ighodalo and subsequently adjourned till December 18, 2024, for the hearing of preliminary motions.

    Tribunal relocates to Abuja

    Supporters became violent at a point, a development that compelled the relocation of the tribunal’s sitting venue to the National Judicial Institute (NJI) in Abuja.

    The relocation, which was announced on January 24 via a statement by the tribunal’s Secretary Muazu Bagudu, was informed by concerns over the security of the tribunal’s members.

    The tribunal resumed in Abuja in early February with security agents deployed throughout.

    Supporters were always in attendance, but less in number as against the case when the tribunal was sitting in Benin. Ighodalo, PDP Chairman in Edo State, Tony Aziegbemi and some other party chiefs made occasional appearances before the tribunal.

    Okpebholo never attended proceedings. His deputy, Dennis Idahosa, former Edo State Governor, Senator Adams Oshiomhole, ex-Deputy Governor in Edo State, Philip Shuaibu and the Edo APC Chairman, Chief Jarrett Tenebe were at the tribunal’s sitting on some occasions.

    The petitioners’ cases

    Making his final submissions on February 25, Adewale Adebayo, lawyer to the AA and its National Chairman, Adekunle Rufai Omoaje said his clients’ petition was premised on the claim that INEC failed to recognise the candidate of the party nominated for the governorship election in Edo.

    Adebayo said it is his clients’ case that INEC failed to recognise Omoaje as the National Chairman of the AA despite existing judgments of the Federal High Court and the Court of Appeal to that effect.

    He prayed the court to void the election on grounds of exclusion.

    AP and its candidate, Dr. Bright Enabulele, alleged that the poll was invalid by reason of corrupt practices and non-compliance with provisions of the Electoral Act.

    The PDP and Ighodalo contended the election did not comply with the provisions of the Electoral Act, 2022 and was marred by widespread irregularities.

    In their petition marked: EPT/ED/GOV/02/2024, the PDP and Ighodalo claimed that Okpebholo did not secure the highest number of lawful votes in the election, alleging manipulation of results across multiple polling units.

    They cited discrepancies in the results from 765 polling units, accusing INEC of mishandling sensitive election materials and aiding electoral fraud.

    Tribunal rounds off hearing

    The tribunal rounded off its heating session on March 3, and reserved judgment.

    PDP and Ighodalo called 19 witnesses.

    Lawyer to the petitioners, Adetunji Oyeyipo (SAN), argued that the results from the polling units were altered at the collation centres.

    Oyeyipo said: “For instance, how could 25 votes turn into 525 votes at a particular collation centre? That is what we are contesting.”

    He urged the tribunal to allow the petition and grant the reliefs contained therein, including the voiding of the Certificate of Return issued to Okpebholo and the return of Ighodalo as the winner.

    All respondents – INEC, Okpebholo and the APC denied the petitioners’ claims and urged the tribunal to dismiss the petition.

    They insisted that the petitioners failed to provide credible evidence to support their claims.

    INEC’s lead lawyer, Kanu Agabi (SAN), noted that the petitioners’ request for a declaration in their favour contradicted their claim that the election was invalid.

    Agabi said: “They claim non-compliance with the electoral process, but still seek to be declared winners of the same poll.”

    Onyechi Ikpeazu (SAN), who represented  Okpebholo, described the petition as a mere academic exercise.

    Ikpeazu noted that over-voting could not be proved without the Bimodal Voter Accreditation System (BVAS) machines.

    Read Also: The audacity of insecurity

    Lawyer to the APC, Emmanuel Ukala (SAN), was of the view that the petitioners did not effectively discharge the legal burden of proof required of them.

    The verdicts

    The tribunal rendered its decisions on the three petitions on April 2, beginning with AA.

    Justice Yusuf read the lead judgment of the tribunal’s unanimous decision in the petition by the AA.

    She held that the petitioners failed to prove their allegations of non-compliance and corrupt practices.

    The judge also held that Omoaje, having not been a candidate in the election, lacked the locus standi to challenge the outcome of the election.

    Justice Yusuf found that having admitted in the course of proceedings that AA participated in the election, the petitioners could no longer complain of exclusion.

    She upheld the notices of preliminary objection filed by INEC, APC and Okpebholo challenging the competence of the petition.

    Justice Yusuf held that the issues raised in the petitions related to leadership disputes within the AA did not constitute an issue over which an election tribunal possessed jurisdiction.

    She also held that the issues were pre-election related, which had become statute-barred as of when the petition was filed.

    Justice Yusuf declined jurisdiction and struck out the petition.

    Justice Adewole delivered the lead judgment of the panel’s unanimous decision in the petition by the AP.

    The judge held that the petition could not be granted as the petitioners failed to discharge the burden of proof placed on them by the law.

    Justice Adewole held that the petitioners failed to adduce any credible evidence to establish the allegations that the poll was flawed.

    He added that the petitioners made “general and sweeping allegations” against the outcome of the election, but failed to provide necessary evidence to prove same.

    The judge noted that the petitioners failed to supply particulars of exact polling units or wards where the alleged widespread rigging and non-compliance occurred.

    He struck out the petition for being incompetent, describing some of the averments in the petition as “vague.”

    The judge upheld the preliminary objections filed by the respondents to challenge the competence of the petition.

    How PDP’s petition was decided

    Justice Kpochi read the lead judgment of the tribunal’s unanimous decision in the petition by the PDP.

    He resolved the two issues identified for determination in the petition against the petitioners and proceeded to dismiss it.

    The first issue was whether from the totality of pleadings and evidence led by the petitioners, they were able to prove their claim that the election was invalid by non-compliance with the Electoral Act.

    In resolving this issue, Justice Kpochi held that the PDP and Ighodalo failed to discharge the burden of proof placed on them by the law.

    The judge held that none of the 19 witnesses called by the petitioners were relevant witnesses who could give eyewitness accounts of what happened at the polling units.

    He noted that most of the witnesses were either ward collation agents or local government collation agents, without the petitioners calling either their polling unit agents or registered voters who voted at the polling units.

    The judge also noted that the petitioners had alleged that relevant details were not filled in the election documents before the commencement of voting.

    He said having so alleged, the petitioners were expected to call polling unit agents who were not called or registered voters who voted in the affected polling units.

    “We hold that failure of the petitioners to call polling agents, presiding officers or even registered voters was fatal to their case.

    “The petitioners did not call any scintilla of evidence to prove their claim that the relevant forms were not filled as required.

    “The first to 14th witnesses gave hearsay evidence because they were not near the polling units during the election,” he said.

    He noted that the petitioners’ star witness was the Director of Research and Strategy, who did not play any role in the election.

    Justice Kpochi held that all the documents and materials tendered by the petitioners, including election documents and BIVAS  machines – were not demonstrated.

    He added: “It is clear that the documents were dumped. No competent witness was called to give evidence on the documents.

    “No eyewitnesses who witnessed how the election took place at the polling units were called.

    “Where no witness is called to link the documentary evidence to the case of the petitioners, it is not the duty of the court to be scrutinising the documents tendered by parties.

    “The BIVAS machines were clearly dumped and remained dormant.

    The machines were not demonstrated at trial nor did any witnesses testify on the content of the bivas machines,” he said.

    He added that it was not for the tribunal to be looking into the documents and BIVAS machines tendered.

    Justice Kpochi also resolved the second issue, which was whether Okpebholo won the election with the majority of lawful, votes against the petitioner.

    He made similar observations about the quality of evidence presented by the petitioners and held that they failed to prove that leg of their petition.

    Justice Kpochi noted that the quality of evidence led by the petitioners showed that they did not appreciate what was expected of them to prove their allegations.

    ‘Why were are appealing’

    Reacting to the judgment, Ighodalo said: “While we all may not agree with the verdict, we however remain steadfast in our belief that the rule of law must remain the bedrock of our democracy.

    “Our pursuit of justice in this regard is an affirmation of our firm belief that the right of the good people of Edo State to freely choose their leaders through a credible, free and fair electoral process must never be compromised.

    “As an avowed democrat, I respect the judiciary as the last hope of the common man, and I urge all of you, our dear good people of Edo State, to remain peaceful, calm and law-abiding in the aftermath of this Judgement.

    “However, let it be clear: this is not the end of our journey, but the beginning of a greater struggle for justice, democracy, and the sanctity of the people’s mandate freely conferred on my running mate, Barr. Osarodion Ogie and I on the platform of our great Party, the People’s Democratic Party (PDP)

    “From the very beginning, your massive show of support, sincere love and belief in our shared vision for a prosperous Edo State have been the driving force behind this journey.

    “For us, it has never been about the realisation of personal ambition but about our conviction to create a clear Pathway to Prosperity for all Edo people while upholding the foundational values of democracy, justice, and the will of the people.

    “I have, therefore, instructed my legal team to proceed to the Court of Appeal to challenge this decision which we consider a huge travesty of justice.

    “This is not about me or any single individual; it is about the very essence of democracy, the preservation of our collective right to freely determine our future, and the legacy we leave for generations unborn.

    “We remain resolute. We remain committed. And we shall not waver in our pursuit of truth and justice.”

    The Edo PDP Chairman explained why his party chose to challenge the tribunal’s decision before the Court of Appeal.

    Aziegbemi described the tribunal’s judgment as a miscarriage of justice that ignored overwhelming facts, twisted the law and rewarded impunity.

    The PDP Chair said having received and studied the certified true copy (CTC) of the judgment, the party was even more convinced that the tribunal turned the law on its head to protect a rigged process.

    He claimed the tribunal abandoned its constitutional duty to deliver justice and instead constituted itself into a “fourth respondent,” inventing technicalities to sidestep the clear evidence of electoral malpractice placed before it.

    “We have studied the CTC of the judgment. This judgment, with due respect to the judges involved, is a travesty. But we are not deterred.

    “We are proceeding to the Court of Appeal with the facts, the law, and the will of the Edo people firmly on our side,” he said.

    Okpebholo offers olive branch

    Okpebholo said the decision validated the overwhelming support demonstrated by the citizens and residents of Edo State during the election.

    A statement by his media aide, Fred Itua, reads in part: “This victory is not mine alone, but a victory for every citizen and resident of Edo State. It is a mandate to continue the work we have started, to build a state where everyone has the opportunity to thrive.

    “We remain committed to our promise of good governance, transparency, and inclusive development.”

    The governor called upon all citizens, including the opposition, to join hands in the spirit of unity and work together for the progress of Edo State.

    “It is time to put aside partisan differences and focus on the common goal of building a better future for our state.”

  • Senator: tax reform, commission bills will spur growth

    Senator: tax reform, commission bills will spur growth

    The Tax Reform and Regional Development Commission Bills will drive competition among states and enhance development, Senator Sunday Karimi (Kogi West), has said.

    The Senate Services Committee Chairman spoke as a guest on TVC “This Morning” at the weekend.

    He said: “The tax reforms bill is one of the best things that has ever happened to this nation.

    “You know what it is going to bring to us? We are going to have states competing with each other on revenue generation because the more revenue you are able to generate, the more that will accrue to you.

    “We are not just going to have the situation where some states will just sit down and be expecting manna from the centre.

    “No government, before now, has been able to tinker with the tax reforms to encourage the states in the federating units to compete and bring more revenue.

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    “The bill is almost being done with. Before we go on break in August, I believe we’re going to get the tax reforms bill passed into law. We have worked hard on it.

    “All governors across the federation are now on board, they now see reason why we have to pass it; they now see reason why it will benefit their states.

    “They now see the sense in what Mr President has done. And on this work, we cooperated with the executive.

    “We did a lot of groundwork reaching out to the states. I am not saying we accepted everything inside the bill (wholesale); we made amendments in some areas.”

    He said the Regional Development Commission Bill is the creation of this 10th National Assembly, not of the executive.

    “We enacted it and the president accepted it. In this year’s budget alone, about N170 billion was earmarked for each of the six commissions.

    “You are going to see a lot of developmental projects going on all over the six geopolitical zones,” Karimi said.

    The lawmaker admitted that some negative perceptions of the National Assembly, including on the importance of constituency projects.

    “Through such projects, I made sure every community in my federal constituency had access to potable water.

    “For communities that have poor power supply, I gave them transformers and solar-powered street lights.

    “I am doing a yearly N100m bursary award of N100,000 each to 1000 students in public tertiary institutions across seven local  governments in Kogi West Senatorial District.

    “My colleagues are reaching out to their constituencies in different ways because you cannot know the problems of our people more than us. We are the ones representing the grassroots.”

  • Lagos judges get 7-day Easter vacation

    Lagos judges get 7-day Easter vacation

    The Lagos State judiciary has approved seven days Easter  vacation for judges.

    This is contained in a statement by Chief Registrar, Tajudeen Elias.

    According to the statement, the Chief Judge, Justice Kazeem Alogba approved April 18 to April 25, as Easter holiday.

    The statement stated that judges are  expected to resume work on April 28.

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    “Arrangements for dealing with urgent causes during the break are that each judge will deal with all urgent applications, related to any substantive cause already assigned to them.

    “In any urgent application, the substantive cause of which has not already been assigned, will be dealt with by the judge to whom the application is specifically assigned.”

    The statement added that notwithstanding, the provision of Order 49, Rule 4, stipulates that any cause or matter, may be heard by a judge during the period of the vacation, where such a cause or matter was urgent.

    ”This, is provided that the condition prescribed by Order 49 Rule 5, shall be observed and complied with.”