The Nation Newspaper

Category: Law

  • Firm sues Customs for N50m over MD’s ‘illegal detention’

    Firm sues Customs for N50m over MD’s ‘illegal detention’

    •‘We did nothing wrong’

    Justice Abdulazeez Anka of the Federal High Court, Lagos will on September 19, begin hearing in a N50 million suit filed by a firm, Afriglobe Shipping Lines Ltd, against the Nigeria Customs Service (NCS) for alleged illegal detention of its Managing Director, Christian Ukata.

    In an originating summon filed by the firm through its counsel,  Charles Ugwuanyi, Ukata said he was wrongfully detained by the NCS officials at the Murtala Muhammed International Airport, Lagos, last November.

    He said he was accused of being in unlawful possession of foreign exchange, which he had voluntarily declared at the NCS desk.

    The firm, in its statement of claim, averred that in November, last year, it was contracted by Aerodocs Inc. USA to clear its cargo at Republic of Chad and deliver same to Millicom, Chad at an agreed cost of $46,731.

    The payment, according to the firm, was subsequently made through Access Bank Plc.

    After confirming the arrival of the cargo at Ndjamena Airport, Chad, the firm averred that it withdrew $42,200 from the amount paid into its Access Bank Plc account and detailed Ukata to travel to Ndjamena via Duala Airport for the purpose of clearing and delivery of the cargo.

    Ukata claimed that he made an arrangement to travel on November 15, 2015 with a view to clearing the cargo on November 16, so as to avoid incurring demurrage.

    On getting to the Lagos Airport, the firm said Ukata went through all the departure formalities including declaring the $42,200 with him before two NCS officials, one Mrs Oshilaja and Mr K. S. Ugboaja.

    The declared foreign exchange according to the firm was accompanied with relevant Waybills, Invoice and Inflow advise from Access Bank Plc to establish the legitimacy of the source and the use of the fund.

    The firm stated that the matter however took a twist after Ukata turned down an overture by the NCS officials for a tip before he could be allowed to board his flight. The two officials, according to the firm’s court deposition, allegedly threatened to detain Ukata if he did not settle them.

    The firm further averred that the two officials allegedly threatened Ukata that they had a ‘Presidential directive’ to seize and confiscate any foreign exchange brought before them whether voluntarily declared or not.

    It averred that Ukata was subsequently prevented from travelling, detained at the NCS airport cell, near Hajj Camp from about 5pm on November 15, until the next day when he was transferred to the Ikoyi office of the Economic and Financial Crimes Commission (EFCC) for “failing to do their bidding”.

    “After five days of investigation, the EFCC cleared Mr Ukata from any money laundering allegation and handed back to him, the seized money and travel documents.”

    It added that Ukata and his firm lost the clearing contract as Aerodoc had secured the services of another firm to avoid incurring demurrage on the cargo.

    The firm is consequently seeking  N50m in damages against the NCS for false imprisonment and unlawful detention of Ukata, loss of business, loss of goodwill, exposure to breach of contract and unutilised air ticket.

    The firm is also seeking a declaration by the court that the purported presidential directive ordering seizure of foreign exchange at the airport whether declared or not, is unconstitutional, Illegal, null and void.

    But, in its statement of defence, NCS  absolved itself of any wrong doing, stating that its two officials, who were on duty when the incident happened were members of a Presidential Committee on Trans-Border Cash Movement and were taking directives from the Presidency and not Nigeria Customs Service.

  • Aero seeks case transfer for alleged bias by judge

    A firm, Aero Contractors Company of Nigeria Limited, has urged the Chief Judge (CJ) of the Federal High Court, Justice Ibrahim Auta, to transfer its case against Asset Management Corporation of Nigeria (AMCON) from Justice Mohammed Idris.

    In a petition to the CJ on May 4, Aero Contractors alleged that Justice Idris granted an order of interim injunction “without consideration to a pending judgment in the same suit before his court.”

    The firm asked the CJ to transfer the case file from the judge “to any other judge who will adjudicate on the matter without any form of bias” against it.

    The petition was signed by Aero Contractors’ chairperson, board of directors, Eniye Ambakederemo.

    Ambakederemo stated that a mortgage agreement between the firm and the defunct Oceanic Bank Plc suffered default which formed part of the debt inherited by AMCON from the bank upon its liquidation.

    He said: Attempts by AMCON to recover the debt led to an institution of a suit No: FHC/C/CS/07/2014 in AMCON vs. Aero and presided over by Justice Mohammed Idris of the Federal High Court, Lagos.

    “Later on, the matter was resolved amicably and the terms of settlement was entered as the judgment of the court on February 17, 2015 and pronounced upon by the judge.

    “By that judgment, AMCON acquired 60 percent of the shares of Aero while the remaining 40 percent shares were left for the legacy shareholders, which comprise the Ibru Family who are the original owners.”

    Ambakederemo added that the period for the payback of the judgment sum was fixed at 10 years commencing from the date of the judgment wherein Aero started servicing the judgment.

    Ambakederemo said on February 4, this year, whilst compliance to the judgment of Justice Idris of February 17, 2015 was ongoing, the judge granted an order of interim injunction in AMCON’s favour.

    This was in another case instituted by AMCON and a lawyer, Adeniyi Adegbonmire (SAN) against the Chairperson and three other Directors of the firm in suit No: FHC/L/Cs/146/2016 wherein AMCON alleged to have put Aero on receivership.

    Ambakederemo alleged: “The ex-parte interim injunction granted in favour of AMCON sprang beyond 14 days and went as far as beyond 60 days plus without a renewal or extension.

    “Thus when Aero’s lawyers sought a discharge of the order on May 17, 2016, the judge denied the firm the opportunity of the enlargement of time to set aside the ex parte interim injunction which contravened Order 26 Rules 11 and 12 of the rules of the Federal High Court.”

    The petitioner urged the CJ to investigate how an ex parte order was made “against me in my absence. Now I have difficulties presenting any case to discharge the order that was granted by listening only to AMCON, the order haven elapsed without renewal.”

    He continued: “From the enquiries I have made, without my prompting or application the judge can on his own set aside the order after 14 days.

    “Since AMCON obtained the ex parte interim order and the court has refused to hear my plea to set it aside, AMCON has used the order to perpetuate untold hardship against Aero.

    “At the moment, the fleet of Aero which was six aircraft has been reduced to three and unfortunately when the judge made the order of ex parte interim injunction, he did not make an order that AMCON should provide an undertaking as to damages.”

     

  • Ex-AG Ojo makes case for online dispute resolution

    Former Minister of Justice and Attorney-General of the Federation, Chief Bayo Ojo (SAN), has   called for the adoption of online dispute resolution mechanisms.

    Ojo said in view of the increasing relevance of the internet as means of carrying out everyday functions, government, private organisations and individuals should pay more attention to such means of dispute resolution.

    He made the submission last week in his keynote address titled: “Access to justice and the future of dispute resolution”, at the first Global Pound Conference (GPC) lecture series in Africa, organised by the Negotiation and Conflict Management Group (NCMG) International in Lagos.

    The theme of the  GPC series is: “Shaping the future of dispute resolution & improving access to justice”.

    “Not only is this form of dispute resolution cheaper, it allows for several disputes to be settled simultaneously. Programmes are being developed to enable easy access and individuals, institutions and governments ought not to close their eyes to this form of dispute resolution,” Ojo stated.

    He said Wikipedia, alongside its dispute resolution efforts, has also focused on dispute prevention, through technological tools, adding that ebay has developed similar strategy.

    “Offline dispute resolution should not be left behind in this. It has been suggested that this practice should also be applied to physical dispute resolution prevention,” he said.

    Ojo also called for specialisation on the part of judges and dispute resolution personnel, in order to meet the increasing demand for specialised justice.

    “For instance, commercial and technology matters could be entrusted to judges, who are experts in this area in the case of litigation, or specialised Alternative Dispute Resolution (ADR) courts/judges in the case of ADR,” he said.

    He stressed that an ideal system of justice is one that delivers justice that is customised to each type of case, keeping in mind the subject matter, the parties and the desired outcome. He maintained that ADR is the appropriate dispute resolution system, adding that ADR should not be seen as a concept that wipes away the court system.

    Ojo also advocated ADR within the criminal justice system and regretted that the resultant effect of a criminal justice system without ADR is the over flooding of prisons with inmates.

    His words: “Rather than dump offenders in jail or impose fines, statutory provisions could be enacted to require some form of ADR for particular offences. Practices such as Victim-Offender Mediation (VOM), Family Group Conferencing (FGC), Restorative Conferencing (RC) and Restorative Circles or System could be given statutory backing.”

    Earlier, Chairman, organising committee of the conference and former Chief Judge of Lagos State, Justice Ayotunde Phillips said the GPC series will facilitate the development of 21st Century commercial and civil dispute resolution tools, at domestic, regional and international levels.

    According to her, the GPC series began 40 years ago. “The inaugural Conference was held in  St. Paul, Minnesota, USA in April 1976. Championed by Dean Roscoe Pound it has been recognised  as the seminal event that led to the birth of modern dispute resolution systems.

    “Attended by many leading American educators and jurists it  addressed the causes and remedies for  popular dissatisfaction with the administration of justice in the US, recognising what Dean Roscoe Pound had, years earlier, described as “tinkering where comprehensive reform was needed”.

    “It was a catalyst for the development and proliferation of modern day Alternative Dispute Resolution,” she explained.

    She continued: “As in many areas of the world, judicial systems in Africans are not equipped to handle the multitude of cases brought before them, particularly as pertain to commercial disputes. In fact, sizeable caseloads leave many African courts over-extended and under-budgeted. Some investors are merely inconvenienced by the existence of slow, overburdened judicial systems in Africa.”

    The event featured interactive voting and discussion sessions using new technologies including the GPC 2016/2017 application installed in their smart phones, to enable participants to express their views on a range of critical  issues regarding  the resolution of disputes.

    Panelists included a fellow, Chartered Institute of Arbitration and Mediator, Olusola Adegbonmire, head, litigation and dispute resolution, Nigerian Bottling Company, Chinwe Odigboegwu, Deputy Director, Lagos Multidoor Courthouse, Mrs Adeyinka Aroyewun and an accredited mediator, Adeyemi Akisanya.

  • Monarch appeals case over dethronement

    OBA of Shasha Kingdom in Alimosho Local Government Area (LGA) of Lagos State, Babatunde Akanbi Nasiru Ogunronbi, has appealed against a Federal High Court verdict on a chieftaincy suit against him.

    He also petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, over an alleged plot  to “forcibly and unlawfully dethrone” him while his appeal is pending.

    The appeal is in respect of a judgment delivered by Justice Musa Kurya in a suit filed by Babatunde Ismail.

    Ogunrobi said he learnt of moves to have the judgment executed before his appeal is concluded.

    The appellant said when the case came up on June 27, the court did not entertain any arguments from his lawyer in respect of the application for stay of execution, on the basis that there was no stamp of the Court of Appeal on the Notice of Appeal.

    He said the judgment in which N30million was awarded against him was arrived at on the basis of concealed facts.

    Ogunronbi said he also filed a second appeal against a ruling by the court refusing to set the judgment aside following an application by some of the parties.

    He is also praying the court to stay execution of the verdict.

    The monarch is urging the CJ to intervene so as to expedite the release of the case file to enable his lawyer compile the record of the appeal.

    The monarch is contending that the bid to forcefully dethrone him from the Obaship of Shasha is illegal because the Federal High Court has no business with chieftaincy matters.

    Besides, he said a suit on the kingship tussle, numbered ID/628/2012, between Madam Asabi Aje and Others vs  Governor of Lagos State is pending before Justice Doris Okuwobi of the Ikeja High Court.

    The Monarch appealed to Justice Auta to “forestall further oppressive, unlawful, arbitrary and unjust use of judicial powers against me”.

  • ‘Enforcement of business pacts vital to economic growth’

    Lagos State Attorney-General and Commissioner for Justice  Mr Adeniji Kazeem has said the enforcement of contracts and business agreements is the most important determinant of economic development.

    He was delivering a keynote address on “Contract formation, disputes avoidance and resolution”, at a stakeholders’ meeting organised by Directorate of Commercial Law, Lagos State Ministry of Justice, at the Adeyemi Bero Auditorium in Alausa, Ikeja.

    Kazeem argued that countries with predictable property rights protection as well as predictable rules for resolving businesses and contract disputes provide a better environment for economic growth than those that do not.

    He contended that contract formation and contract disputes avoidance and resolution play crucial roles in economic development by allowing individuals to conduct their transactions with some level of predictability.

    The meeting, Kazeem added, would provide an opportunity for the Directorate of Commercial Law and parties involved in project execution for the state government to bring their challenges to the fore, discuss them and together chart a new way forward.

    He listed such contractual agreement to include those relating to abandoned projects, technical glitches with the Advance Payment Guarantees and bonds from banks, non-compliance with terms and conditions of the contract agreement, bureacracy within the system, poor monitoring of projects and messy legal disputes between the state and contractors.

    In a welcome address, Lagos State Solicitor-General Mrs Funlola Odunlami explained that the forum was organised to ensure that those who undertake projects on behalf of the government “come together in order to have a clearer understanding and brainstorm to ensure that such assignments are better executed by ensuring compliance with the contract agreements.”

  • Are Senators not obstructing justice by gagging witnesses in the alleged forgery case involving the Senate leadership?

    Are Senators not obstructing justice by gagging witnesses in the alleged forgery case involving the Senate leadership?

    • SANs: Senators can testify against colleagues

    Some Senators may have committed a crime – obstruction of justice – by asking that their colleagues who agreed to be state witnesses in the trial of Senate President Bukola Saraki and his deputy, Ike Ekweremadu, be suspended. Are they right? ROBERT EGBE asks lawyers.

    The Bukola Saraki-led Eighth Senate has not known peace since its inauguration on June 9, last year.

    Soon after his election as president and that of Senator Ike Ekweremadu as his deputy,  some of their colleagues under the aegis of Unity Forum alleged that their victory was aided by an illegal amendment of the Senate’s Standing Orders.

    The group, comprising some senators and their former colleagues, said the Senate Standing Orders 2015 was discreetly altered to replace ‘’open’’ voting system in the 2011 Orders, with secret voting system, among other amendments.

    The members reported the matter to the police. On June 27, the state charged Saraki, Ekweremadu, the outgoing National Assembly Clerk, Alhaji Salisu Maikasuwa and his deputy, Mr. Ben Efeturi, with   forgery at the Federal Capital Territory (FCT) High Court.

    The charge, signed by a principal state counsel in the Federal Ministry of Justice, D. E. Kaswe, reads: “That you, on or about June 9, 2015, with fraudulent intent, forged the Senate Standing Orders 2011 (as amended) causing it to be believed as the genuine Standing Orders 2015 and circulated same for use during the inauguration of the Eighth Senate when you knew that the said order was not made in compliance with the procedure for the amendment of the Senate orders. You, thereby, committed an offence punishable under Section 364 of the Penal Code laws.”

    Justice Haliru Yusuf adjourned the hearing till September 28.

     

    The 14 witnesses

     

    On July 11, the Federal Government published the names of its 14 witnesses in the case. Among the witnesses are serving and former senators who were in the Seventh Senate.

    They are Senior Special Assistant to the President on National Assembly (Senate), Senator Ita Enang, Senator Sulaiman Hunkuyi, Senator Kabiru Marafa (APC, Zamfara Central), Senator Ahmad Lawan (APC, Yobe North), Senator Robert Ajayi Boroffice (APC, Ondo North) and Senator Abu Ibrahim (APC, Katsina South). Others are Senator Solomon Ewuga, Senator Babafemi Ojudu, Deputy Inspector- General of Police, Dan’Azumi J. Doma and a police investigator, David Igbodo.

    During an executive session on July 12, angry pro-Saraki Senators, including Senator Dino Melaye (Kogi West), were reported to have demanded the suspension of the senators who petitioned the police and those who filed a suit on the Standing Rules 2015 (as amended), including the 14 witnesses.

    They were said to be behind the travails of Saraki and Ekweremadu.

    During the over one hour executive session, the petitioners were allegedly asked to disown the petition or risk suspension.

    Two of them, Marafa and Hunkuyi, were threatened with suspension if they failed to do so and apologise to the Senate.

    Following Senator Barnabas Gemade’s intervention, the Senate agreed, among others, to stay action on their suspension and set up a committee headed by Senator David Mark to resolve the Senators’ differences.

    Last June 28, Ojudu, now Special Adviser to the President on Political Matters, said he was a member of the Unity Forum that called the police’s attention to the matter.

    Ojudu explained that during his four-year tenure at the Senate, the rules were never amended, “so tampering with the rules by the current Senate was seen as a misnomer by us and that was why we petitioned the police.’’

     

    Is it an internal

    Senate affair?

     

    The pro-Saraki Senators are angry with their collegues who petitioned the police because they consider the amendment of the Senate Standing Rules their “internal affair”.

    Melaye is reported to have added during the session that the trial was capable of inflicting irreparable damage on the sanctity and integrity of the National Assembly.

    Section 3 of the Legislative Houses [Powers & Privileges] Act, Cap L12, Vol. 8, LFN, 2004 provides for “immunity from proceedings”. “No civil or criminal proceedings may be instituted against any member of a legislative house-(a) in respect of words spoken before the House or a committee thereof; or (b) in respect of words written in a report to that House, or to any Committee thereof or in any petition, bill, resolution, motion or question brought or introduced by him therein”.

    Section 30 of the Act provides: “Neither the President or Speaker, as the case may be, of a legislative house nor any officer of a legislative house shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the Standing Orders of a legislative house or by the Constitution”.

    But, according to Lagos lawyer, Jiti Ogunye, when a crime is committed at the National Assembly by members of the Upper or Lower Chamber, the matter ceases to be an internal affair.

    He said internal matters of the National Assembly would include: “The proceedings of the house, in particular, words that are spoken on the floor of the House and words that are written in motions, papers, questions that are used in the House. These are covered, so you cannot institute any civil action in respect of those matters.

    “However, if a crime is committed in the House of Representatives or in the Senate, that is not covered by immunity.”

    Ogunye continued: “For instance, if a member of the House smuggles a gun on to the floor of the House and in a pre-meditated manner, kills a colleague of his, on the floor, nobody will argue that that is covered by immunity.

    “The allegation that is being made is not about whether they complied with the provisions of the Rules, of the Standing Order of the Senate, whether Standing Order 2011, or 2015. It is not about compliance with those provisions, it is not about quorum; it’s about whether the purported Standing Order 2015 that was used has been amended by the Senate or whether it was forged.

    “Section 100(5) provides that in amending the Senate’s Standing Order, two-third majority of the members shall pass a motion amending the provision. In the case at hand, there was no such amendment, either in the Seventh Senate or in the Eighth Senate. So, nobody has denied the fact that the Seventh Senate didn’t amend that. What we are being told is that an amorphous bureaucracy of the National Assembly was responsible for the amendment, an assertion that flies in the face of what the Senate’s Standing Order provides as to how an amendment can be effected. That is the forgery that is being alleged.”

     

    Can a Senator be suspended for testifying against his colleague?

     

    Does the Upper Chamber have the power to suspend a Senator for testifying against another Senator in court? Did Melaye and the others make a lawful threat?

    Four Senior Advocates of Nigeria (SANs), Alhaji Yusuf Ali, Chief Felix Fagbohungbe, Dr. Paul Ananaba and Mr Godwin Obla, said the Senate does not have such power.

    Ali said: “First and foremost, when people speak on the floor of the Senate, they enjoy some level of pivilege, that is why as a Senator or a legislator, anything you say on the floor, you cannot be sued for libel. And he (Melaye) is one out of 109 members of the Senate so, if he expresses it, it is neither here nor there, except for when they move it as a motion and then it becomes an issue.

    “So, for me, it’s just political talk. Issues in the Senate are decided by the moving of motions which are carried or not carried. Anybody can say whatever he likes as a member, but it is when he wants to translate what he said to action that it becomes an issue.”

    Fagbohungbe said: “Nobody can stop any member of the Senate from testifying, that’s unlawful,” he said.

    Ananaba said there is no law preventing Senators from testifying in a criminal matter. He explained: “As far as I know, the Senate has not adopted that, and I’m not aware of any law under the Evidence Act or the Criminal Code or any other law that permits disciplining Senators for giving evidence.

    “Rather the law does not even allow anyone to withhold evidence particularly when there’s a criminal charge. It’s against the state and every citizen should give evidence of what he or she knows. I don’t think that the Senate or the National Assembly can go on to suspend any member because he gave evidence as to what he knows about the Senate.”

    Obla said it is unbelievable that Senators are thinking like that.

    He said: “First and foremost, I think this is a simple and straightforward matter. I do not think that Senator Melaye could have actually suggested such a thing. I say so because he is a beneficiary of the Constitutional status of Nigeria and our Constitution recognises that the three arms of government are independent and discourages interference in the affairs of one arm by another arm.

    “The suggestion, if carried out, would amount to an interference in the exercise of judicial power. So, I do not think he would actually suggest a thing like that. But even if he did, it is not even achievable, because the people who are listed as witnesses are going to be summoned to appear under the coercive powers of the court, if they refuse to appear voluntarily.

    “So, testifying is a public duty, a responsibility and nobody can be suspended from the Senate on that basis. In fact, the Senate rules, if they contain such provisions – and I know that they do not – but if they do contain it, I know that the courts will strike them out for being unconstitutional. So, I don’t think it is anything to be worried about, the only thing about it is that it is an uncomfortable development that our lawmakers will begin to think along such lines.”

  • Behold the new SANs

    Behold the new SANs

    On September 19, in Abuja, the Legal Practitioners’ Privileges Committee (LPPC) of the Body of Benchers will confer the rank of Senior Advocate of Nigeria (SAN) on 22 lawyers, including three academics. Legal Editor, JOHN AUSTIN UNACHUKWU, profiles some of them.

    The full list

     

    ON September 19, 22 lawyers will be conferred with the rank of Senior Advocates of Nigeria (SANs). They are Nigerian Law School (NLS) Director-General Olanrewaju  Onadeko, Nnamonso Eminem, Prof. Muhammed Tabiu, Dr. Valerie-Janette Azinge, Olufunke Agbor, Olusola Ojutalayo, Richard Akintunde, Oyesoji Oyeleke, James Njeze Ikeyi and Elisha Kurah.

    Others are: Adewunmi  Ogunsanya, Olatubosun Olanipekun, Chief Kalu Umeh, Adewale Adesokan, Andrew Igboekwe, Fredson Okoli, Olaseni Adio, Olasheni Ibiwoye, Abdulhakeem Mustapha, Mba Ukweni, Edward Gyang Pwajok  and Prof. Chukwu Omaka.

     

    Olanrewajo Onadeko

     

    He was Secretary to the Council of Legal Education (CLE) and Director of Administration of the institution. He teaches Criminal Procedure and Advocacy, which is his specialty. He wrote the book “The Nigerian Criminal Trial Procedure” and many articles in journals. He is the first Chairman of the Editorial Board of the Nigerian Law and Practice Journal (1997-2001). He served as the Director of Public Prosecutions (DPP) of The Republic of Gambia (1989-1994). Onadeko is a former Deputy Director-General, Lagos Campus of the Law School and rose to become the Director-General of the institution.

     

    Dr. Valerie Azinge

     

    Dr. Valerie Azinge obtained her Bachelor of Laws Degree (LL.B) from the University of Jos in 1980 and finished at the Law School in 1981.

    She obtained a Master of Laws Degree (LL.M) in 1984 from the London School of Economics and Political Science, and in 1990, she obtained a Doctor of Philosophy in Law (Ph. D) from the Ambrose Ali University, Ekpoma.

    Dr. Azinge, the Managing Partner of Azinge and Azinge,  an Abuja-based law firm, is a member of several professional bodies, including the Nigerian Bar Association (NBA),  Chairman, Committee on Family and Child’s Rights, Member, NBA  Section on Legal Practice (SLP), International Bar Association (IBA)  and World Jurists Association. She is the author of the Jurisprudence of Failed Banks Tribunal and the Law of Broking in Nigeria.

    Mrs Azinge has held several political offices, including Commissioner, National Human Rights Commission (NHRC) 1996 -2000, Special Rapporteur on extra-judicial killing, NHRC.

     

     Umeh Kalu

     

    Chief Umeh Kalu was born in Okagwe-Ohafia in Ohafia Local Government Area of Abia State.

    He bagged his Bachelor of Laws Degree (LL.B) from the Abia State University in 1981 in 1985 and was called to the Nigerian Bar in 1986.

    Umeh Kalu set up his law Firm, Umeh Kalu & Associates in Surulere, Lagos State in 1986.

    In 2007, he obtained a Masters Degree in Law (LL.M) from the Nigerian Institute of Advanced Legal Studies (NIALS).

    Kalu has at various times held the following positions, including Senior Special Assistant on Legal Matters to the Governor of Abia State, Chief Theodore Ahamefule Orji;  member, Body of Benchers from 2009 till date; member, Council of Legal Education from 2009 till date; member, Abia State Security Council; Chairman, Abia State Council on Prerogative of Mercy, founder, the Umeh Kalu Foundation.

    He is the Attorney-General and Commissioner for Justice, Abia State.

     

    Andrew Chukwuemeka Igboekwe 

                              

    Andrew Chukwuemeka Igboekwe obtained his first degree in law (LL.B) from the Ahmadu Bello University, Zaria, in 1987. He won several faculty prizes for being the best student in Law of Banking and Insurance, Law of Taxation, Family Law e.t.c., graduating with a second class upper.  He was also the best all round graduating student in the faculty and won the Dean of the Faculty of Law’s annual prize for the best all round graduating student in 1987.

    He attended Nigerian Law School, Victoria Island, Lagos where he passed the bar final exams in 1988 with second class honours upper division.  He was called to the Nigerian Bar on November 3, 1988. He cut his teeth at the Chambers of Chief Afe Babalola SAN in Ibadan.  He later moved to Lagos and set up his own law firm Andy Igboekwe & Co. In 1993, Igboekwe obtained a Masters in law (LL.M) from the University of Lagos. He is a member of the Chartered Institute of Arbitrators (UK).

     

    Chijioke Okoli

     

    Chijioke Okoli holds a Masters (LLM) in Sports Law and Practice from De Montfort University, Leicester, England.

    He is a pioneer of sports law in Nigeria, and specialises in commercial litigation, including white collar crime matters in the commercial/corporate environment.

    Okoli was the pioneer General Counsel for Team Nigeria over a decade ago and continues to advise sports clubs and other sports entities.

    A founding partner of Lagos-based commercial law firm of Ilo & Okoli, Okoli is a former Chairman of NBA Lagos Branch. Active in the Section on Business Law (SBL) the NBA, he was in addition member the National Executive Committee of the NBA, for over two years a prosecutor for the Association in the Legal Practitioners’ Disciplinary Committee of the Body of Benchers.

     

    Mba E. Ukweni

     

    Mr. Mba E. Ukweni graduated from the University of Calabar in 1992 with a Bachelor of Laws, (L L. B). He was admitted into the Nigerian Law School, Victoria Island, Lagos in 1992 and qualified the following year, with Barrister at Law, BL. He was called to the Nigerian Bar on December 15, 1993.

    Ukweni did his National Youth Service Corp in Enugu between 1993 and 1994 in the Chambers of Johnny C. Okonkwo (SAN), Legal Practitioners in Enugu. After his National Youth Service, Mr. J. C. Okonkwo (SAN) retained Ukweni and he practised from December 1993 to July 1998.

    He joined Kanu G. Agabi& Associates in July 1998. Ukweni set up Mba E. Ukweni & Associates on  March 16, 2005. He has since been the Principal partner of the firm.

    Ukweni is a member of the Committee for the Defence of Human Rights (CDHR).

    He was a member of the Enugu Branch of the Nigerian Bar Association (NBA), 1993 -1998 and that of Calabar Barnch since 1998. Ukweni was Legal Adviser, Nigerian Bar Association, Calabar Branch, from October 2006 to October 2008 and Chairman, NBA Calabar Branch from April 2009 to April 2011

    Ukweni is an Associate Editor of Legal Text Publishing Company Ltd., the Publishers Weekly Report of Nigeria (WRN), June 2000 till date. He is Chairman, Cross River State Law Reforms Commission.

  • Women judges must guard against bias, says CJN

    Women judges must guard against bias, says CJN

    CHIEF Justice Mahmud Mohammed has implored women judges to avoid being biased in the discharge of their duties

    He spoke at the yearly national conference of the National Association of Women Judges, Nigeria (NAWJN).

    The theme was: “Celebrating 25 years of progress and excellence: Looking to the future.”

    Participants included Justices Clara Bata Ogunbiyi, Mary Peter-Odili and Kudirat Kekere-Ekun (all of the Supreme Court); Justice Amina Augie (of the Court of Appeal), former Chief Judge of the Federal High Court, Justice Roseline Ukeje and the association’s president, Justice Helen Moronkeji Ogunwumiju of the Court of Appeal.

    Justice Mohammed, who declared the conference open, urged the women to continue to support efforts to improve the Judiciary by ensuring speedy determination of cases before them.

    The CJN, who praised the judges for their contributions to the development of jurisprudence and administration of justice, urged them not to rest on their oars.

    Justice Mohammed, who was represented by Justice  Ogunbiyi, expressed discomfort about the rising cases of violence against women in the country. He urged  judges to support efforts to curb the social vice.

    “With an increased case docket, we are doubtless under greater pressure to deliver timely justice wherever it is needed.  In addition, other attendant issues, such as access to justice have also emerged requiring due attention as well.

    “The rampant kidnapping of women and girls, especially in the conflict zone of the Northeast of Nigeria, is one of the most tragic side effects of the insurgency in the region. With notable cases having garnered international support, I think that the Judiciary must become more sensitive by developing ways to address same, while performing our constitutional duties.

    “That is why I encourage us to be more proactive in deterring violence against women as envisaged by recent legislation and also make certain that same is adopted in all states of our great country.

    “The association must rise true to its calling to ‘encourage new perspectives in the daily dispensation of justice’ by providing best practices that will enable the Judiciary to efficaciously dispense justice, using cutting edge means.

    “We must be the guardians of justice for all, striving to deliver a quick, efficient, and people-oriented justice delivery, without lapsing into the temptation to inadvertently create the bias that we have worked so long to eliminate, through unnecessary affirmative action.

    “We must remember that a principal tenet of the rule of law is that all men and women are equal before the law.  This has also been at the core of the legal profession.  The quest for that equality is what defines you and this must not be allowed to change.

    “I am confident in the crop of female jurists here gathered and the teeming hundreds that you all represent and I would not be accused of flattery if I describe you all as some of the world’s finest.  I therefore charge you to keep it up as the sky is only the beginning,” Justice Mohammed said.

    Justice Ogunwumiju urged the association’s members to redouble their efforts to positively impact on the society by rededicating themselves to their professional responsibilities.

    She advised them to avoid acts capable of rubbishing their reputation. She urged the association’s members to be cautious not to be “tainted by the politics of the day.”

    Identifying the various ways female judges could positively impact the society, Justice Ogunwumiju said they can, among others, press for legislation that can improve the health and welfare of children and women.

    “We can press for improvement of the juvenile court system and the establishment of a standard, all over the country, of a family court system that meets the global best practices within the ambit of the 1999 Constitution.

    “We can have programmes to mentor young secondary school girls to encourage them to improve their education or read law. We must promote judicial leadership in several areas of social concern so that our adjudication can represent those we serve,” Justice Ogunwumiju said.

    The association later held a dinner  in the evening, where it honoured three eminent Jurists as part of activities to mark its 25 years of existence.

    Those honoured are the CJN (who was named the association’s  Grand Patron), the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa, first female President of the court, and the first female Administrator of the National Judicial Institute (NJI), Justice Rosaline Patricia Irorefe Bozimo.

  • Osinbajo: technology ’ll transform judiciary

    Osinbajo: technology ’ll transform judiciary

    Vice President Yemi Osinbajo (SAN) has urged the judiciary to make more use of technology in the administration of justice.

    According to him, the legal profession is being transformed for the better by technology.

    He spoke during the maiden edition of the “Words in Gold” awards, organised by LawPavilion and the Nigerian Institute of Advanced Legal Studies (NIALS) in Abuja.

    Osinbajo, who gave the keynote address, said legal research used to be tedious, but the adoption of technology has made it easier and time-saving. He praised LawPavilion for its innovations in electronic legal research.

    LawPavilion Managing Director, Ope Olugasa, unveiled the company’s newest software, LawPavilion Prime.

    He described it as Africa’s first Case Analytics software and the “ultimate breakthrough in our quest for making the task of legal research easier and less burdensome for the judiciary”.

    Those who got the awards include first indigenous Chief Justice of Nigeria (CJN), the late Justice Adetokunbo Ademola, represented by his grandson, Justice Adeniyi Ademola; and the first female CJN Justice Aloma Mariam Mukhtar.

    Justices who delivered judgments that resulted in legislative or legal reforms also got awards. They include the late Justice Vahe Bairamian, for his judgment on practice and procedure in Madukolu & Ors. vs. Nkemdilim (1962) LPELR–24023 (SC); and the late Justice Kayode Eso for his judgment on constitutional law in Military Governor of Lagos State v. Ojukwu (1986) LPELR-3186 (SC).

    Justice Uthman Mohammed (rtd) got an award for his erudite judgment in M.V Lupex v. Niger Overseas (2003) LPELR-3195 (SC) while the late Justice George Baptist Coker was celebrated for his notable judgment on criminal law in Njovens& Ors v. State (1973) LPELR-2042 (SC).

    Former CJN Justice Muhammadu Lawal Uwais (rtd), the late Justice Chukwunweike Idigbe, and the late Justice Chukwudifu Akunne Oputa were recognised for their courage, literary writing style, depth and breadth of reasoning, forthrightness and thoroughness.

    NIALS Director-General, Prof ‘Deji Adekunle, said the award is a “remarkable endeavour that will continue to shed light on the invaluable contributions that have gone unnoticed and uncelebrated in the Nigerian Judicial system”.

    At the event were Mallam Yusuf Ali (SAN), Kola Awodein (SAN), former CJN Justice Dahiru Musdapher and Minister of Communications Mr. Adebayo Shittu.

  • Hearing resumes in ‘cloned shares’ suit Sept 26

    The Federal High Court in Lagos, will on September 26, resume hearing in a suit filed by executors of the estate of Mrs. J. O. Olaitan against Union Bank of Nigeria (UBN) Plc, for the restoration of her 1,114,886 Unilever Nigeria Plc shares.

    The executors, represented by her four children: Prince Babasola Thomas, Mrs. Abiola Oshodi, Prince Olabode Thomas and Prince Gloria Thomas as applicants, alleged that their shares, in the custody of the bank’s Registrar’s Department, were fraudulently sold in 2001.

    The case, being heard by Justice Mohammed Idris in suit No. FHC/L/CS/675/2013, was instituted through the applicants’ counsel, Mrs Funke Adekoya (SAN), following a February 26, 2004 judgment of the Investment and Securities Tribunal (IST) in the children’s favour.

    The IST, in that judgment, directed the bank to restore fraudulently sold shares, including those of the applicants, to affected investors and the applicants are seeking its enforcement.

    The 1,114,886 shares, they told the court, were vested in them after their mother’s death in 1987 and, at 50 kobo per share on August 1, 1998, a share certificate No. 96039758 was issued in their favour by Unilever.

    In 2001, 2002 and 2003, Unilever issued bonus shares for the ones already held, entitling the administrators to a cumulative sum of N4,253,290.09 as dividends paid and bonus shares from 2004.

    Earlier in 2001, the children discovered that the share certificate for the 1,114,886 shares had been cloned and sold and the Registrars were immediately notified.

    They alleged that UBN, in a letter dated July 20, 2004, acknowledged the fraud.

    In 2004, the Securities and Exchange Commission (SEC) through its Administrative Proceedings Committee (APC) ruled that a firm, Gosord Securities, was liable to buy back the shares and return them to the affected investors or pay them the cash equivalent.

    An appeal by UBN failed at the IST which directed the bank (at page 31 of the judgment) to restore the shares to the affected investors.

    The IST said, among others, that “We note from the APC’s record that those shares were stolen either from Unilever PLC (former Registrar) or UBN Registrars by the fraud syndicate, but there was no determination in the findings as to whether it was stolen when Unilever had custody of those shares or after UBN Registrars took over as Registrars in 1998.”

    It also observed that UBN “had bought back the Unilever shares as directed by the APC and has instituted an action against the stock-broker, ISS Ltd, for the recovery of the N15 million being the value of the shares bought back”.

    On May 30, 2013, Justice Idris granted the applicants leave “to register and issue a process for the enforcement of the judgment of the Tribunal in that suit made on February 26, 2004 in favour of the Applicants against the Judgment Debtor”.

    The judge also made an order registering the IST judgment as the judgment of the Federal High Court and substituted the applicants’ names as judgment creditors in the place of the SEC.

    The case, which has suffered several adjournments, was on July 1, last year further adjourned sine die. The court will reconvene on September 26, to hear a pending application filed by the plaintiffs.