The Nation Newspaper

Category: Law

  • Law School class of 85 to honour CJ, SANs

    The Class of 85 of Nigeria Law School will honour some of its members, who have  distinguished themselves in various spheres of the legal profession tomorrow.

    The event coincides with the ongoing Annual General Conference  of Nigerian Bar Association (NBA) taking place in Port Harcourt, Rivers State.

    Chairman of the class, Chief Emeka Ngige (SAN), in a statement, said four high court judges, six Senior Advocates of Nigeria (SANS), two professors of law, the Solicitor-General of the Federation and three other members, who had distinguished themselves and uplifted the profile of the class, would be honoured at the annual class reunion.

    The event will hold by 2pm at the Asia Town Chinese Restaurant in GRA, Port Harcourt.

    Among the judges to be honored are the Chief Judge of Osun State, Justice Adepele Oyebola Ojo; Justices Sabiu Yahuza of the Federal High Court; Jude Okeke of High Court of Federal Capital Territory and Justice Ada Onyetenu of Federal High Court.

    Among the SANs to be honored are Chief Joe Odey-Agi; Mr. Dejo Lamikanra; Mr. Charles Obishai; Sir Granville Abibo; Sir Emeka Anaenugwu and Mr. Aham Eke-Ejelam.

    Solicitor-General of the Federation and Permanent Secretary in the Ministry of Justice, Mr Taiwo Abidogun and the Director of Civil Litigation in the same ministry, Mr. Dayo Apata, would be honoured.

    The university dons on the honour list are the Dean, Faculty of Law, University of Lagos (UNILAG) Prof. Ayo Atsenuwa,  and her Rivers State University of Science and Technology counterpart, Prof. Sunday Okogbule.

    The Chief Registrar of National Industrial Arbitration Panel, Hajia Hajara Usman, former Group Company Secretary of NNPC, Mr. Ike Oguine and former Director of Legal Services of Central Bank of Nigeria, Mr . Moses Adediran are among those to be honored.

    The Class leader, Prince Lateef Fagbemi (SAN) is expected to declare the reunion open.

  • 5,653 awaiting trial in Lagos

    No fewer than 5,913 inmates are awaiting trial in Lagos prisons, Nigerian Prisons Service spokesman in Lagos, Biyi Jeje, has said.

    According to him, out of 6,921 inmates in the prisons, only 1,008 are convicts. He said both the minimum and medium prisons have exceeded their capacities.

    The Maximum Prison, with a capacity for 1,056 inmates, presently has 1,234, he said, adding that the Medium Prison, with a capacity for 1,700 inmates, currently has 3820.

    Ikoyi Prison, with a capacity for 800 inmates, has 2,277 inmates; the female prison, with a capacity for 211, currently has 240 inmates, while the Badagry Prison, meant for 160 persons, has 350 inmates.

    Jeje, who is also a correction officer, said despite the challenges, the prisons have adequate correctional facilities.

    “In all Lagos Prisons, there are staffed hospitals, clinics, churches, mosques, extra-curricular sports centres, different educational systems from primary to the university and other standard facilities found in a community for such inmates to live a normal life.

    “Convicts are also entitled to acquire skills such as laundry, welding, tailoring, carpentry, hairdressing, art and craft, theatre art and other skills that will enable them integrate into society after discharge.

    “We, together with our partners, provide them with the tools to start a trade and monitor them properly so that they don’t go back to crime,” he said.

  • ‘Remove foundation fee from property law’

    A Lagos based lawyer, Yemi Omodele, has asked the Lagos State Government to review the Properties Protection Law signed into law last Monday by Gov Akinwunmi Ambode.

    He called for a repeal of Section 11 (1), which according to him, has a lacuna that puts the buyer at mercy of the land owner.

    At a briefing, Omodele said the section gives a land-owning family the right to collect foundation fee in perpetuity in any part of the country.

    He said: “A critical look at the law shows that it has some lacuna, which could be interpreted to mean that what the law gives with the right hand, it takes with the left hand. And as such, there is a need for residents of Lagos State and the people so-called Lagosians to be aware of it”.

    He said the clause in itself is ambivalent as it does not stipulate the said amount to be collected for such levies.

    The lawyer, who said collection of any levies on land purchased amounts to exploitation, explained further that collection of foundation fee is not legalised in the state.

    “A look at that law, particularly Section 11(1) of the law  which has been  duly signed by the incumbent Governor of Lagos State, shows that the land-owning families will continue to collect what is called and known as Foundation Fee.

    “What is meant by foundation fee? When somebody has sold his interest on a land, he’s not entitled to anything in respect of that land any more. So, for the land owning family to be collecting foundation fee or customary fee or possession fee is uncalled for. It amounts to exploitation, it amounts to duplication of payment.

    “Somebody who pays for a plot of land which is already developed, he bought it, may be at the rate of N30m, and he decides to pull down that building for the purpose of building a modern building, in line with what they call Lagos mega city, in line with what. The Lagos State Government wants, with that Section 11(1) of the law so passed and signed, it suffices to say that the land owning family will go there to demand foundation fee. So, the demand for foundation fee this time, means that the foundation fee will be collected in perpetuity. That means that if this generation dies, another generation that comes when the land has been resold to another person, from buyer to buyer, they will continue to collect foundation fee till the world comes to an end.

    “That clause, with due respect to the lawmakers, the incumbent Governor and the Attorney-General, should be repealed or totally expunged. Once a family sells a piece of land, it has no right on that land again; its right has been extinguished; its right has been vacated as far as that land is concerned”, he contended.

    “ The implication of this Section 11(1) is that if Mr. A buys a plot of land today and he decides to sell it to Mr. B tomorrow, Mr. A had paid foundation fee before, Mr. B will also pay for foundation if he decides to pull down the building”, he said.

    Mr. Omodele also noted that the law was not specific on what should be paid as foundation fee by the person who bought the land and wanted to develop it, whether one percent or two percent of the cost of the land.

    He said the law puts the buyer at the mercy of the land owner who could even charge outrageous amount as foundation fee.

  • Waiting for special crimes court

    Waiting for special crimes court

    The Federal Government has sent the Special Crimes Court Bill 2016 to the National Assembly. If passed into law, Nigeria will join at least six other countries with courts exclusively empowered to try corruption and related crimes. ROBERT EGBE dissects some sections of the bill and analyses how some countries are using specialised courts to tackle similar offences.

    The Special Crimes Court Bill, 2016, that is before the National Assembly, is a child of necessity.

    It is the baby of the Presidential Advisory Committee Against Corruption (PACAC) led by Prof. Itse Sagay (SAN).

    Its objective is stated in its title: “An Act to provide for the establishment of a Special Crimes Court as a superior court of record to allow for speedy  trials of certain offences, including economic and financial crimes, terrorism, money laundering and corruption offences and for related matters.”

    Other offences the proposed court will handle are narcotics, human trafficking, kidnapping, and cybercrime, among others.

    Currently, the offences are prosecuted by law enforcement agencies, including the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) before the Federal and State High Courts.

     

    ‘Special’ Crimes Courts?

     

    The Special Crimes Court Bill does not create any ‘special’ crimes and no offence listed in it  is new. It merely seeks to give them faster hearing before specialised judges.

    Section 7(1) of the bill states that it “shall have and exercise exclusive jurisdiction and power in respect of offences specified in Schedule 1 to this Act to be known as ‘scheduled offences’ ’’.

    The “scheduled offences” stated in Schedule 1 of the bill are “Terrorism offences under the Terrorism (Prevention) Act (No. 10 of 2011) as amended;

    “Economic and financial crimes under the Economic and Financial Crimes Commission (Establishment) Act (E1 LFN 2004);

    “Money laundering offences under the Money Laundering (Prohibition) Act (No 11 of 2011) as amended;

    “Narcotic drugs and psychotropic substances offences under the National Drug Law Enforcement Agency Act (N30 LFN 2004);

    “Trafficking and kidnapping offences under the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2015 (No 32 of 2015);

    “Corruption offences under the Corrupt Practices and other related offences Act (C31 LFN 2004);

    “Kidnapping offences under the Criminal Code (C38 LFN) and the Penal Code (P3 LFN 2004);

    “Cybercrimes under Cyber Crimes Act 2015, and Such other offences declared under any other Act to be a scheduled offence for the purposes of this Act.”

    Section 45 of the bill also makes arrangement for the transfer process of the prosecution of the offences in the stated laws from the regular courts to the Special Crimes Court.

    The section, under the “Transitional provisions” of the proposed law states: “(1) A High Court or any other court shall continue to hear and determine trials and other criminal proceedings in respect of scheduled  offences which are part-heard before the commencement of this Act, and any trial or other criminal proceeding, not determined  or concluded  at the expiration of one year after the commencement of this Act, shall abate and the trial or other proceeding may be brought  before the court for fresh hearing.

    “(2) Notwithstanding anything to the contrary in any enactment, including  any rule of law but subject  to subsection (1) of this section, where the trial of a scheduled offence has not commenced in a High Court before  the coming into force of this Act, the trial shall be transferred to the court.”

     

    A culture of ‘special courts’

     

    Special courts are not  new in the country. During military rule, special military tribunals were preferred by various regimes to the regular courts for the trial of financial and related crimes.

    For instance, on April 11, 1984, in Lagos, Chief Justice of Nigeria (CJN) Sodiende Sowemimo swore in 20 military officers and five judges of a special military tribunal set up by the government of Gen Muhammadu Buhari.

    The government, which came to power on December 31, 1983, with a vow to crack down on public corruption, had arrested public officials and businessmen accused of diverting millions of dollars of public money under the previous civilian regime.

    It set up the tribunal to try 475 of the detainees charged with financial misdemeanour as one way of solving Nigeria’s economic crisis.

    On November 10, 1995, writer and activist Ken Saro-Wiwa and eight others were hanged by the regime of Gen Sani Abacha, following their controversial conviction for murder over a year earlier by another special military tribunal.

    The same year, the tribunal sentenced former President Olusegun Obasanjo to prison for alleged participation in an aborted coup based on a testimony said to have been obtained via torture.

    However, if PACAC’s bill succeeds, the Special Crimes Court will be the first established by a democratic government in Nigeria.

     

    Countries with anti-corruption courts

    At least six countries have special courts to try corruption-related offences. They are Slovakia, Indonesia, Philippines, Pakistan, Tanzania, Kenya and Uganda.

    According to the 2015 Transparency International Corruption Perceptions Index, the six nations have a poor reputation for public sector corruption.

    Like in Nigeria, the need and effectiveness of special courts have been debated over time, according to a July 2016 report by Norwegian anti-corruption research, information, and learning opportunities provider U4 Anti-corruption Resource Centre.

    The report explained that some of the countries have used a unified general system with judges who have already acquired expertise in handling corruption cases. It said one of the risks associated with special corruption courts is their potential of being misused for political purposes “as it has been suggested in the case of the Pakistan’s National Accountability Bureau.”

     

    Slovakia

     

    In 2003, Slovakia established a Special Court, subsequently renamed the Special Criminal Court (SCC), principally for corruption and organised crime cases. The SCC was a response to the domination of the ordinary lower courts by criminal networks and local elites. The SCC attracted considerable criticism from the judicial establishment, due mainly to the higher compensation for SCC judges, but it survived both political and constitutional challenges, albeit in a slightly modified form. Although the SCC has been effective in addressing organised crime and local-level corruption cases, it has issued very few convictions for high-level corruption involving the national elite. Many lay the blame for this situation on the prosecutors rather than on the SCC itself.

     

    Indonesia

     

    The Indonesian Court for Corruption Crimes, or Tipikor court, has handled corruption cases for more than a decade. Initially there was only one Tipikor court in Jakarta, exclusively hearing cases from the Corruption Eradication Commission (KPK). Now, all 34 Indonesian provinces have Tipikor courts, which take on cases from both the KPK and the public prosecution service.

    One challenge in expanding the court to the regional level has been human resource constraints. The court’s original rationale was to ensure maximum integrity of the judges’panel, but a lack of highly qualified and dedicated judges has undermined this goal. One solution to retain integrity and competence could be to assign ad hoc judges on a case-by-case basis rather than giving judges fixed-time contracts.

     

    Philippines

     

    The Philippines’ Sandiganba-yan is the oldest specialised anti-corruption court in the world. Though established mainly to resolve corruption cases more expeditiously, it is plagued by delays and inefficiency. This concern prompted recent legislative reforms and has led to calls for other changes as well, including procedural reforms, such as further narrowing its jurisdiction, limiting postponements, improving case management, and introducing “continuous trials” rather than scheduling piecemeal hearings stretched out over a long time.

     

    Pakistan

     

    The Anti-Corruption Court of Pakistan is one of the Special Tribunals and Boards in the country’s judiciary.

     

    Kenya

     

    The Anti-Corruption and Economic Crimes Division, Kenyan High Court, was established in January. There are also 13 magistrates dedicated to hearing corruption-related matters at the Magistrate’s Court level.

    Uganda

     

    The Uganda High Court has an Anti-Corruption Division (ACD) with original jurisdiction over all corruption and related cases.

    Lawyers give tips for the court’s success.

    Chief Emeka Ngige (SAN), NBA Vice-President-elect and former Ikeja Branch Chairman, Monday Ubani, constitutional lawyer Ike Ofuokwu and Director, Prisoners Rights Advocacy Initiative (PRAI), Ahmed Adetola-Kazeem, suggested ways the court can excel.

    Ngige believes the special court will help to decongest the never-ending criminal cases pending before existing courts.

    He said: “I have not read the Bill, but I hope that the loopholes which bedevilled the previous efforts of the Federal Government in setting up Failed Banks Tribunals in the 90s should be addressed.”

    Ngige urged PACAC to go a step further to include the Special Crimes Court as one of the courts of superior record which neither Federal or State High Courts would exercise supervisory jurisdiction over.

    He advocated the establishment of Criminal Divisions in the Court of Appeal to take care of appeals emanating from the special crimes court.

    “Even at the Supreme Court level, I suggest that more appointments on merit should be made to bring the number of Justices at the Apex Court to 21 as constitutionally provided so as to enable the court deal with appeals flowing from the Special Crimes Court within nine months of the entry of the appeal from the court below. It is my hope that members of the National Assembly should give the passage of the Bill an accelerated hearing and attention,” Ngige said.

    Ubani said: ”Initially, I was opposed to the establishment of any special court to handle corruption cases and my argument was that the judges that will handle the cases are Nigerians and not angels imported from Mars or Jupiter. However, my views have changed and changed for the better.

    “I am an ardent supporter of any move to legislate into existence special courts to handle these specialised crimes. We have made some progress with electoral cases being handled by Election tribunals within a specified timeline and why can’t we try it with corruption cases since we know that corruption has ruined Nigeria?

    “Therefore, the move to introduce the bill before the National Assembly to legislate on the special court is a welcome development and must be supported by patriotic and well meaning Nigerians to ensure that the bill does not suffer defeat or reversal in the National Assembly, knowing the stand of the some of them on the issue of corruption.

    “I have the belief that the hydra- headed monster called corruption must be handled with hydra-headed measures to nib it, if not to completely stamp it out completely from our system. I have implicit confidence in President Buhari’s government that, gradually the country will soon be set on a solid foundation for growth and progress. It is only a matter of time.

    “However, the justices for the courts must be carefully and painstakingly recruited to avoid corrupt judges who will pollute the system and render nugatory a lofty idea. It is a warning!”

    Ofuokwu said the Bill was “a bold” move, adding that an indefatigable prosecuting team ýmust be assembled, trained and put in readiness to use the court.

    “Secondly, judges that are averse to corruption, courageous, brutally honest and very sound legal minds such as the Joseph Olubunmi Oyewoles must be identified and assembled to handle such cases. These courts must be apolitical not subjected to legislative or executive interference in any way,” he said.

    Adetola-Kazeem urged the Federal Government to ensure the maintenance of high ethical standards by officers of the courts when created, as well as speedy and effective adjudication of the ‘special crimes’.

    “The government must also ensure that the court maintains its independence and not used as a tool for witch-hunting perceived political enemies. The EFCC and ICPC were established by the Obasanjo government because of the perceived ineffectiveness of the Nigeria Police Force similar to the present scenario.

    “However, along the line, these agencies became ineffective and its officers were accused of monumental corruption, the crime they were expected to fight. How the government intends to forestall the fate that befell the EFCC and ICPC not befalling the special crimes court remains to be seen,” Adetola-Kazeem said.

     

  • ‘Why tax laws must be amended’

    ‘Why tax laws must be amended’

    Chukwuemeka Eze is the publisher/editor-in-chief, Media Law Reports. A tax consultant, he was Chairman of Chartered Institute of Taxation of Nigeria (CITN), Ikeja branch from 2009 to 2011. He is the Legal Adviser, West African Union of Tax Institutes (WAUTI) and the Legal Adviser, Association of African Institutes (AATI). In this interview with John Austin Unachukwu, he speaks on taxation and sundry issues.

    The dwindling income from crude oil export has made diversification of the economy crucial. Can taxation bridge the gap?

    What is happening to Nigeria is what happens to every economy that derives its mainstay from natural resources. Such economy is susceptible to the vagaries of the international price regime. Nigeria had opportunities to build a strong economy prior to this day, but we blew the opportunity through shortsightedness of our leaders and profligacy. We created a Sovereign Wealth Fund (SWF) without the political will to save for the rainy day. We developed our tourism sector only in theory. Importation of goods and consumerism became our national attitude. Our education continues to produce graduates without entrepreneurial skills thereby creating a generation of unemployed and unemployable youths. Nigeria is suffering from the “Dutch Disease” or what is known as “Resource Curse”. This implies that our natural resources, in this context crude oil, has become a curse to us – it has made us lazy. Our leaders have refused to think outside the box because they are certain that the Federal Accounts Allocation Committee (FAAC) will share the monthly receipts in the Federation Account. Unfortunately, the amount being shared by the states and the Federal Government has become so little to the extent that states are finding it extremely herculean to carry out their basic functions.

    What forms of revenue generation are available to states?

    One is through the stock market, which is not attractive. Another is bank borrowing. Many states have resorted more to this avenue in recent times. This may be quicker to obtain, but it is laden with mines. Once the terms are acceptable to the bank’s board, it may approve the loan subject to these conditions, among others: that the state should patronise the bank, including domiciling its internally generated revenue (IGR) with the bank; that the House of Assembly should approve a resolution in favour of the loan; and granting the bank an Irrevocable Payment Order on an agreed sum against the state’s allocation from the Federation Account.

    The Accountant-General of the Federation might play the role of deducting the agreed sum at source and remitting the same to the bank. As good as this method may be, one  shortcoming is that it is not sustainable.

    The other option is appealing for financial assistance from the Federal Government by way of gift or loan. This is what many Nigerians know now as bailout. This option has been tried twice since May 29, 2015, yet it has not cured the financial illness of the beneficiaries. This is also not sustainable.

    Investment in agriculture is another means of generating revenue but considering our reliance on non-mechanised or traditional means of farming, it will take at least three years before a state will begin to reap from such investment. You know that each state governor has a four-year tenure though this can be extended  to eight years when re-elected. This is the reason most of them pay lip service to agriculture. Moreover, Nigerians need re-orientation to deliver on agriculture on a sustainable basis.

    Investment in solid minerals is a long-term project. It is capital intensive and complicated. It cannot be done on a large scale without the cooperation of the Federal Government, which takes time in maturing. Certainly, this form of revenue generation is for the future. The most sustainable way of generating revenue for the states, until the constitution is amended to favour them, is taxation.

    The revenue of the states can also be increased if the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) revises the revenue allocation formula in favour of the states.

    How is taxation the most sustainable means of revenue generation?

    The four purposes of taxation, known as the 4Rs, are revenue, representation, redistribution and repricing. Of all these purposes, revenue generation is the most pronounced and that is the purpose most interesting to every government. Taxation is sustainable because you can use your database of taxpayers to determine the approximate revenue yield that will accrue to the state within an accounting year. The income from taxation is not static, but by accounting prognosis, a tax collector can hazard a guess as to how much to expect as income within a given period. For instance, the Lagos State Government already knows that its average tax yield for each month is above N20 billion. This means that Lagos expects a minimum of N240billion from taxes and levies yearly and N960billion in four years. The implication is that whoever is a governor in Lagos can plan his programmes within the ambit of this revenue. Whatever comes from Federal Allocation will be regarded as extra revenue. In this way, it becomes easier to plan and execute the budgets of Lagos State.

    From records, Lagos State Government has the highest budget performance of all states. This is the consequence of its prowess in tax collection management. No wonder that the Federal Government has promoted the Fowler-led Lagos team to the centre in Abuja to recreate the Lagos wonder.

    Where does taxation fit into the theme of this year’s NBA Annual General Conference, which is Democracy and economic development?

    It is common knowledge that one cannot be taxed or levied unless the tax or levy has been created by law. To build a buoyant economy, there is need to amend our tax laws to allign with the reality of the times. The National Tax Policy of 2012 encourages  direct taxes, such as Companies Income Tax and Personal Income Tax and increasing indirect taxes, such as Value Added Tax. The law-making process should be used to strengthen this policy. The clamour by government officials for increase in Value Added Tax without a campaign for decrease in companies income tax seems to me as being contrary to the spirit and letter of the National Tax Policy.

    What do you make of the National Tax Policy Review Committee?

    The Federal Government has demonstrated its seriousness in reviewing the tax policy regime by inauguration the National Tax Policy Review Committee headed by Prof. Abiola Sanni of the Faculty of Law, Univbersity of Lagos. With experience of the chairman, I expect the eight-man committee to deliver a memorable document. I expect them through their recommendation to give room for the legal personality of the Joint Tax Board, to end the challenges of multiple taxation, and to quench the controversy dogging the Taxes and Levies (Approved List for Collection) Act, Cap T2, Laws of the Federation of Nigeria (as amended in 2015).

    What was the outcome of the Joint Tax Board meeting in Abeokuta last month?

    The theme of the meeting, Presumptive tax regime for informal sector: A leeway to grow IGR, was chosen to prepare tax collectors for the implementation by section 36(6) of the Personal Income Tax Act (as amended). The Presumptive Tax Regulations, wherever gazette by the Minister of Finance is intended to serve as the basis of taxation of the taxpayers dominating the informal sector.

    You were at the ECOWAS workshop on Trade in Services Liberation within the sub-region. Were there issues discussed which you consider useful to the legal or tax profession?

    It should be observed that while trade liberalisation within ECOWAS has achieved a substantial level of implementation, services liberalisation is still negligible. The economies of countries within the EU derive large portions from activities in the services sector. It should be of interest to lawyers to campaign for a legal regime, which will allow Nigerian lawyers to represent them within ECOWAS with minimal conditions and vice versa. Such movement of personnel in the banking, construction, tourism and other sectors will require a new legal regime. Such movement or establishment of business entities across the borders have their tax implications. There is, therefore, the need for capacity building to create a database of experts in governmental, ministries, departments, agencies and non-governmental organisations who can participate in negotiations involving these and more elements at the  appropriate time. This was the basis of the workshop. I participated as the Legal Adviser of the West Africa Union of Tax Institutes (WAUTI).

  • Ubani: why lawyers must help the poor

    Ubani: why lawyers must help the poor

    Nigerian Bar Association (NBA) Second Vice President Mr. Monday Onyekachi Ubani has appealed to wealthy Nigerians, including lawyers, to support the less-privileged.

    He made the appeal during the launch of his foundation, Onyekachi Ubani Foundation (OUF), in Lagos.

    Dignitaries at the event included President Muhammadu Buhari, who was represented by his Special Adviser on Media and Publicity, Mr. Femi Adesina; General Overseer Latter Rain Assembly, Pastor Tunde Bakare, and Senator Olorunnimbe Mamora.

    Ubani said the society would continue to breed miscreants if the wealthy do not assist the poor.

    “The consequences of not being our brother’s keeper is what bred Boko Haram; it is breeding other societal miscreants all over the place. God knows what else, what next, where else, when next the next terror will hit us. The danger is growing within; it is drawing nearer and nearer to our door step, just as the storm gathers.

    “The good news is that we can avert the next crisis, contain and correct the current crisis today. All we need to do is to extend a hand of help with a heart of love, however little, to that next door neighbor, or stranger seeking your assistance,” he said.

    Ubani noted that he has been in the daily struggle to help the poor in the society but that there is a limit to how many people he can help with his limited resources.

    “There is a limit to how many Nigerians a Good Samaritan with limited resources can help, but I am convinced that if I get your support in your capacity as an empowered Nigerian, together we can create a system that will lift majority of Nigerians, young and old, out of poverty and hunger. It takes just a little more creative thinking and brainstorming to build that enabling structure outside of the box.

    “This is why I have come out to appeal for your support on the platform of the Onyekachi Ubani Foundation to help save millions of Nigerians out of the indignity of want, lack, hunger and deprivation,” he said.

    Ubani stated that his foundation has laid out plans and projects contained in its founding document which includes Youth Literacy Initiative, Youth Creativity and Media Forum, Men of Standard and Women of Substance.

    Earlier, in his welcome address President Buhari praised the vision of the foundation.

    He said: “It is significant that the foundation is dedicated to helping the poor and needy in the society and also to celebrate those who made our country proud with virtuous acts.

    “Barrister Ubani, you have decided to improve other peoples’ lives in your own little way, Very inspiring. If this is the heartbeat of more privileged Nigerians, then the burden of government will be a lot lightened.”

    Bakare, who was represented by Mr Segun Oloketuyi, the Managing Director of Wema Bank Plc delivered the keynote speech on the theme: ‘The system that allows massive corruption in Nigeria must be a bad system’.

    He said despite evidence of a high level of corrupt practices in public and private life in Nigeria, President Muhammadu Buhari can win the war against corruption.

    Bakare added: “I am confident that there is hope. What is urgently required is the redefinition of our value system along the lines of probity and integrity by highlighting our anti-corruption narrative.”

  • Lagos enlightens citizens on rights’ enforcement

    Lagos enlightens citizens on rights’ enforcement

    Lagos State Government has kicked off the enlightenment of ithe public on the enforcement of its rights in order to get succour during distress.

    The programme took off in Epe Local Government Area of the state last week, with staff of the Public Advice Centre (PAC) holding road shows in some markets.

    Speaking at  Oluwo and Aiyetoro markets and Lagos motor parks, PAC’s Director, Mrs. Magareth Asuma said Governor Akinwunmi Ambode desires peace and development of  its citizens.

    Mrs. Asuma said the Governor does not want a situation where a Lagosian will be cheated and does not know how to go about fighting for his or her rights and get succor for misdeeds meted on them.

    She explained that PAC serves as the first port of call for citizens in distress and those seeking information and advice on their rights and responsibilities, stressing that that was why the governor directed them to go and enlighten them on where to go when in distress and how to attain justice.

    She told the people that PAC would not only attend to human rights issues but all complaints brought before the centre and advice them on the agency of the government that will take up and prosecute their complaints free of charge.

    Mrs. Asuma urged the people to bring cases of rape and child defilement, wife battering, child abuse to the attention of the government and to desist from sweeping such acts under the carpet, promising that official intervention would give them peace of mind in their families.

    She listed other areas that PAC can be of free assistance to the people to include environmental and other related matters, relationships – legal rights and responsibilities, work benefits and pensions, employer and employee matters, social welfare and child rights, family and inheritance; land title registration and ancillary matters, domestic violence and sexual offences, social exclusion and discrimination, debt and monetary claims, among others.

    She explained, for instance, that where an issue brought before the centre requires mediation, it would be referred to the Citizens Mediation Centre (CMC) and that Memoranda of Understanding (MoU) agreed upon is enforceable at Multi-Door Court House.

    Mrs. Asuma described the Ambode administration as caring, urging the people to bring their problems forward to feel the impact of its machinery in their life and get succour.

  • Expanding ADR through online dispute resolution

    Online dispute resolution (ODR) is a genre of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

    ODR techniques are already being deployed around the world in resolving a wide range of disagreements – from consumer disputes to problems arising from e-commerce, from quarrels amongst citizens to conflicts between individuals and the state. ODR is not appropriate for all classes of dispute, but on the face of it, is best placed to help settle high volumes of relatively low value disputes – robustly, but at much less expense and inconvenience than conventional courts or conventional arbitration.

    It is believed that efficient mechanisms to resolve online disputes will impact on the development of e-commerce. While the application of ODR is not limited to disputes arising from business to consumer online transactions, it seems to be particularly apt for these disputes, since it is logical to use the same medium (the internet) for the resolution of e-commerce disputes when parties are frequently located far from one another.

    Dispute resolution techniques range from methods where parties have full control of the procedure, to methods where a third party is in control of both the process and the outcome. These primary methods of resolving disputes may be complemented with Information and Communication Technology (ICT). When the process is conducted mainly online it is referred to as ODR, i.e. to carry out most of the dispute resolution procedures online, including the initial filing, the neutral appointment, evidentiary processes, oral hearings if needed, online discussions, and even the rendering of binding settlements. Thus, ODR is a different medium for resolving disputes, from beginning to end, respecting due process principles.

    While the use of ODR has become commonplace in the Western world with e-businesses such as Amazon and eBay solving millions of disputes through ODR, It is instructive to note that the concept of ODR is still very strange in Nigeria. On eBay alone, around 60 million disagreements amongst traders are resolved through ODR yearly.

    There is a huge market for arbitrators and other ADR practitioners in ODR if the proper legal framework is put in place and other modalities for its success worked out. With the advent of e-businesses in Nigeria, such as Konga, Jumia, Yudala, OLX, Jiji etc., and the numbers growing daily, the potential for growth of ODR can only be imagined. If properly utilised, this would be a veritable means for the inclusion of young arbitrators and ADR practitioners in the arbitral and Alternative Dispute Resolution processes.

     

    • Adetola-Kazeem is an arbitrator and

     a lawyer with Gani Adetola-Kaseem (SAN)

  • Workers sue firm over non-payment of benefits

    Over 200 former workers of Global Scansystems Limited have sued the company at the National Industrial Court of Nigeria (NIC) for its alleged failure to pay their severance benefits.

    The firm is an indigenous company that deals in industrial technology wares and destination inspection at the ports.

    In their statement of claim filed through their counsel, Emeka Ozoani, the workers are asking the court to order the defendant to pay them accumulated wages and salaries, allowances, leave grants and severance package from January 2006 till last September as special damages which, though varied, amounted to several millions.

    They prayed the court to order the defendant to pay them ceasation package as stipulated in their letter of employment.

    For instance, a former top management staff member of the company prayed the court to order the company to pay him over N40 million as special damages or alternatively pay him over N28 million as ceasation of contract employment as at time of disengagement.

    They claimed to have been employed in 2006 after the company was awarded a Destination Inspection Contract by the Federal Government to conduct inspection of all imported goods at the Port on behalf of the government.

    They averred that after the expiration of the company’ s contract with the government in 2013, the employment of the staff was renewed for additional six months, which was later extended till 2015 following the renewal of the company’s contract with government.

    They accused the company of owing them 28 months salaries before their employment was terminated on last September 28, at the expiration of the company’s contract.

    On last September 16, they claimed that they wrote  a letter to one of the directors of the company, in which they complained bitterly about their unpaid leave allowances , salaries, entitlements and unpaid end of the contract benefits’ till date.

    Hearing has been fixed for October 10, before Justice Peter Odo Lifu.

  • Lawyer writes police over threat to activist’s life

    •Friend abducted

    A law firm, Ikimi Oghenejabor & Co, has petitioned the Assistant Commissioner of Police, Delta South Command Headquarters, Warri, for the threat to the life of an activist, Mr Efemena Agadama.

    It urged the police to arrest the culprits and bring them to book.

    The letter, titled: Petition against threat to life of Mr Efemena Agadama by some unknown persons, was signed by Mr D. O. Forae.

    The firm said in March 2012, a group of about four men came to the residence of Agadama’s relative, Harrison Umudi, to enquire about Agadama’s whereabouts.

    “When our client (Umudi) demanded to know the reason for the above enquiry, he was instructed by them to inform Agadama to keep running, that they shall stop at nothing at getting Mr Agadama since he has decided to work against them by writing indictable articles against kidnappers and cultists.

    “Some months later, the same unknown persons repeated the same threat to our client, which prompted him to relocate to Ovwian Town in 2013. However, these same persons met our client again in his new place of abode to chorus the same threat,” the lawyer wrote.

    He said three of the men accosted Umudi again at his new residence to tell him they had discovered Agadama’s whereabouts and that he was on their wanted list.

    “Our client had to put up a phone call to Agadama who thus instructed our client to report the said threat to the police for necessary action since it has become a perennial threat which he can no longer underestimate.

    “It is in the light of the above that our client has briefed our law firm to put up this petition to your office in a bid to unveiling the identities of the culprits in order to bring them to book as the life of Mr Efemena Agadama is under threat whenever he returns to Nigeria,” the law firm added.

    Agadama’s family also urged security agencies to protect him. It said a group was contracted by an oil bunkering cartel to eliminate him over his campaign against bunkering.

    According to the family, the group, in a “circular” signed by one “Major Sharp-shooter” and “Col. Reconnaissance” said they had obtained Efemena’s mobile line and would apply real-time GPS tracking to get him, adding that they placed a N2 million bounty on Agadama’s head for information on his whereabouts.

    A family member, David Oveki, said the group accused Agadama of being the informant behind the death of 12 of their engineers in a clash with the Joint Task Force in Bayelsa in 2011, which led to their loss of over 200,000 barrels of crude oil.

    “This specialist squad is desperate to make him vulnerable to serious harm from all quarters if they can’t assassinate him as they believe he is challenging their trade,” he said.

    The family said last December, a friend was tortured for failing to disclose Agadama’s hideout, while Umudi, a film producer, was abducted and later released.

    Umudi said he was released after a week of inhumane and degrading treatment meant to extract information from him regarding Agadama’s location.

    Umudi went missing on July 8 and was released on July 18.  He said he was asleep when an armed man accompanied by three persons in military camouflage came to his house at about 1.45 am. He said he obeyed their orders to follow them, and they asked him to lie flat in the vehicle they came with.

    He said he was blindfolded and driven for hours until they opened his eyes in a thick bush, but the men in military apparel were no longer there. He was subsequently blindfolded again and taken into a boat which sailed into the creeks.

    “I was asking them what was my offence and where they were taking me to.  After sometime they removed the blindfold and I discovered that I was in a very dark room. They kept me there till the next day. The second day, the leader who disguised his face came to me and said, ‘I will let you go unhurt if you tell me what I need to know but if I failed then he would be very sorry for what would happen to me,’ ” Umudi said.

    According to him, his abductors were only interested in gathering information about Agadama’s whereabouts.

    “I told them I didn’t know anything about Efemena Agadama.  They refused and started arguing with me. They became extremely angry, asked me to lie on the floor and started pouring water on me and forcing me to respond to their questions.  After much torture, they left me and denied me food for days.  The third day, they tied me on a chair and put my leg inside a bucket of water filled with salt for days.  I almost died. They kept asking me to reveal how they can track him.

    “I told them that I lost contact with him a long time ago.They never believed me and threatened to poison me with raw acid.  It was then that I gave them all information in my phone about Efemena.  They collected my phone and removed the sim card.  I was again beaten and I felt I would die.

    ‘’When they realised I was weak and tired, they blindfolded me, put me into a boat and drove for a long time then transferred me into another car, drove for hours and dropped me on Okpara Inland Road.’’