The Nation Newspaper

Category: Law

  • PALU, African Bar, others condemn lawyer’s murder

    The Pan African Lawyers’ Union (PALU), continental umbrella association for African lawyers and other lawyers’ associations has condemned the brutal murder of their member, Mr. Willie Kimani, in Kenya.

    Other associations that condemned the killing of Kimani includeLaw Society of Kenya (LSK), the East Africa Law Society and the African Bar Association ( AFBA).

    Kimani, his client Mr. Josphat Mwendwa and their driver Mr. Joseph Muiruri were abducted last month after filing a complaint against the police. Their bodies were found last week.

    Though four police officers have been arrested in connection with their murder,  they have not commented on the incident.

    In a condolence message issued during the weekend, PALU said it was disturbed that the abductions and killings of the deceased persons took place immediately after a hearing in a judicial process in which the young advocate was defending the rights of a lay, indigent victim of Police misconduct.

    “We salute the young fallen advocate for his courage and steadfastness in providing legal aid and assistance to a weak and helpless person, and standing up against the might of the Police officers. We call upon other advocates, young and old, male and female to emulate such valour and fidelity to the ethics and ideals of our noble legal profession,’’ the body.

    The union identified with the views of LSK and EALS, on the   international law regulating the legal profession as well as international human rights law which expressly provides for the right of a client to legal representation; the right of a lawyer to provide that legal representation; and the further the right of a lawyer not to be identified with his or her client’s case.

    It also noted that these laws specify that a lawyer shall be enabled and protected by law to perform his or her professional functions without intimidation, hindrance, harassment or improper interference. The very integrity of our legal and judicial systems, and of the just rule of law, depends on the strict observance of these rights and obligations.

    PALU  condoled the families of the victims and expressed its solidarity with the leadership and members of LSK and EALS, the human rights community and the people of Kenya endorsed the plan of action formulated by LSK and the human rights community of Kenya to bring the perpetrators to book.

    In a statement signed by its  President, Mr. Hannibal Uwaifo, the African Bar Association ( AFBA) also condemned the assassinations.

    Noting that the incident happened in the line of duty, AFBA said it  exposed the intolerance in our policy and the hazards lawyers are exposed to in the performance of their legitimate duties as recognised by the Constitution and various extant laws world wide.

    “Arising from the quarterly meeting of the governing council of the association, which held in Beua, Cameroon from  July 1 to 3, this year in which the report of this cowardly acts was received, extensively discussed and resolution condemning same was unanimously carried,  the African bar Association joins the president and members of the Law society of Kenya, the family and friends of our fallen Colleague and the families of those murdered with him in demanding for answers and justice,’’ it said.

  • Cement firm loses land to family

    An  auto mechanic, Nojimu Magbadelo of Akinbo Village in Ogun State, has won a case over a piece of land he instituted against a cement producing firm, Lafarge Africa Plc and 20 others.

    Justice Ademola Bakare of the Ota High Court ordered that Magbadelo take over the land measuring 353.412 hectares with Survey No. OG/276/2012/092 dated September 27, 2012.

    The trial judge issued an enrolment of order in a ruling delivered June 22, this year, in a Writ of Possession filed by the judgment creditor/applicants through their counsel, Abayomi Omoyinmi, against the judgment debtor, Lafarge Nigeria, in the substantive suit no: HCT/212/2010.

    Omoyinmi on June 16, this year, filed a motion ex-parte for the judgment, seeking, among others, an order granting the applicants possession of the land for giving effect to and enforcing the judgment for declaration of title of land in favour of the claimants/applicants in the suit delivered against the giant cement producing company on February 11, this year.

    In an 11-point affidavit in support of the motion ex-parte, Nojimu Magbadelo averred that despite that the judgment in suit HCT/212/2010 has not been appealed against and that no appeal is pending, the judgment debtor/respondents, particularly the first respondent, Lafarge African Plc, has continued to occupy the land adjudged to belong to the applicants and using the land to their benefits.

    He averred that Lafarge Africa failed to file any appearance nor defence until judgment was delievered in the suit.

    He said the 90 days required by the rules to file appeal have expired and that no application for extension of time is pending before any court and that the respondents do not want to appeal the decision of the court.

    In the substantive suit, the claimants have formulated three issues for determination of the court.

    In his judgement of February 11, 2016, Justice Bakre, on the first issue, upheld the submission of the claimants on their claims to the ownership of the disputed land.

    Justice Bakre disagreed with the arguments of the defence in respect of a judgement of Ake Native Court which refers to the land in dispute as Akibo as o[pposed to Akinbo emphasising, “in my view, the judgement is with respect to Akinbo Village with the progenitors of the claimants and the DW1, the gladiators as parties”.

    The trial judge held that the claimants have proved that they are the bonafide owners of the land.

    On other reliefs sought by the claimants on an injunction and an order for compensation, the trial judge declined to grant their prayers.

    Referring to the claims of the claimants to a proposed settlement by the first defendant, Lafarge Nigeria, the judge held that nothing for the settlement was brought before the court and that there was no evidence of any settlement between the first defendant and any other person.

    “I have held that compensation has been paid and there is no evidence of any further compensation about to be paid before the court and that the court cannot restrain a completed act,” he added.

  • Way out of Abia crisis, by lawyers

    Way out of Abia crisis, by lawyers

    There is tension in Abia State over who occupies the governorship seat. Dr. Uche Ogah is laying claim to the seat, having been issued a certificate of return by the Independent National Electoral Commission (INEC) following the verdict of the Federal High Court. But Dr. Okezie Ikpeazu insists he remains the governor having appealed the judgment. How can the stalemate be resolved? ADEBISI ONANUGA asked lawyers.

    All eyes are on Abia State to see how its political logjam will be resolved. It began with last Monday’s judgment by Justice Okon Abang of the Federal High Court in Abuja.

    He ordered Governor Okezie Ikpeazu to vacate office for allegedly giving false information in the form submitted to the Independent National Electoral Commission (INEC) by the Peoples Democratic Party (PDP) nominating him as its candidate for the April 11, 2015 governorship election.

    Justice Abang, in two separate judgments, ordered Ikpeazu to immediately vacate office.  In one of the two suits before the court, the judge directed INEC to issue a certificate of return to the plaintiff, Uche Ogah, who was the first runner-up in the PDP governorship primary of December 8, 2014.

    The judge held that Ikpeazu lied on oath as regards payment of his personal income tax in the three years preceding the primary as required under Article 14(a) of the PDP Electoral Guidelines.

    He disqualified him as the PDP candidate on the basis of perjury. The court ruled that all votes credited to Ikpeazu in the primary by virtue of his non-qualification were wasted. The judge made a consequential order removing Ikpeazu from office and declaring Ogah as the validly-elected governor.

     

    Ikpeazu kicks

     

    Ikpeazu, through his legal team, headed for the Court of Appeal to challenge the judgment. He is praying the appellate court to set aside Justice Abang’s judgment. Despite the appeal, INEC issued Ogar with a certificate of return.

    The commission said it was obeying Justice Abang’s order. Ikpeazu obtained another order restraining the Chief Judge or any other judge from swearing in Ogah as governor.

    Justice Chibuzo Ahuchaogu of the Osisioma Ngwa High Court in Abia State, stopped the Chief Judge, the President of the Customary Court of Appeal and any other judiciary officer from swearing in Ogah.

    The judge was ruling on a Motion ex-parte filed by Ikpeazu through his counsel, Mr. O. O. Nkume, pursuant to Section 143 (1) & (2) of the Electoral Act 2010 (as amended) and pending the determination of the motion on notice filed by the applicant.

    The court also issued an order of injunction restraining INEC from issuing a certificate of return to Ogah  while the claimant, Ikpeazu remains in office in accordance with Section 143 (1) & (2) of the Electoral Act 2010 (as amended).

    He said the order will last for 10 days and fixed Friday for the claimants and respondents to return to the court.

    Ikpeazu is insisting that he remains the governor until his appeal is determined. There is also a pending motion for stay of execution of the judgment.

     

    INEC’s position

     

    INEC admitted that it received a notice of appeal from Ikpeazu. At first, it said it issued the certificate of return to Ogah because it received no notice of appeal from the governor, who responded immediately that the commission did indeed receive the notice.

    The two documents were said to have been signed for by Saleh N. Ibrahim, Senior Clerical Officer at the Legal Services Department of the commission’s headquarters, Abuja, who stamped the notice of appeal and motion for stay of execution with the commission’s official stamp by 12.50pm on Wednesday, June 29, 2016.

    Clarifying INEC’s position on the issue, its spokesman, Nick Dazang, said Ikpeazu’s failure to provide a stay-of-execution order left the commission with no choice than to issue Ogah the certificate of return.

    He said since Mr. Ikpeazu’s notice was not deemed sufficient, it had to, as a matter of policy, execute the judgment of the high court.

    “I discovered that INEC received Mr. Ikpeazu’s notice. However, it did not contain a motion or order of stay of execution. In the circumstance, and in deference to the previous court order, INEC as a responsible regulatory (body) has no recourse than to issue Mr. Ogah the certificate of return.

    “By law, a certificate of return is supposed to be issued within one week. Also, the commission has decided as a matter of policy to obey all subsisting court orders. That means if the court were to issue a contradictory order, INEC has no option than to obey.”

    Abia State Attorney-General Umeh Kalu said the governor’s legal team included the notice of stay of execution order with the appeal notice delivered to INEC.

    He said: ”It’s unfortunate that INEC said that it was not served. But the truth is that they were served. I have a proof to that.

    “It is now clear that the commission had no reason or cause to proceed with their dangerous action of issuing a certificate of return to Dr. Uche Ogah when it was clearly in receipt of a notice of appeal and stay of execution expressly forbidding it from taking any further action on the judgment of Justice Okon Abang of the Federal High Court pending the determination of the appeal in the case.

    “It is rather surprising that the commission could lend itself to be used for an act capable of destabilising a state in Nigeria with the attendant consequences for anarchy and breakdown of law and order.”

    What is the way out of the situation?

     

    Lawyers speak

     

    Senior lawyers, including Sylva Ogwemoh  (SAN), Dr. Joseph Nwobike (SAN), member, Ogun State Judiciary Commission, Mr. Abayomi Omoyinmi, activist-lawyer Mr. Ebun Adegoruwa, Chairman, Nigerian Bar Association (NBA), Sagamu Branch  Mr. Adebowale Oduguwa and former Chairman, NBA Ikeja Branch, Monday Ubani said the court should be allowed to conclude its adjudicatory process.

    Ogwemoh, however, argued that the fact that an appeal was filed does not translate into a stay of execution of judgment of a lower court.

    He said: “It is the law that an appeal does not operate as a stay of execution of a valid judgment of a court.

    “But where an appeal has been filed challenging the judgment rendered by a court or tribunal, and an application seeking a stay of execution of the judgment is filed and served on all the relevant parties, no step(s) should be taken by any of the parties to dispute to render the appeal nugatory.”

    The lawyer explained that on the other hand, the Electoral Act, 2010 (as amended) has provision in section 143 dealing with stay of execution of a judgment of a tribunal or court.

    Ogwemoh said: “The Act allows a period of 21 days for an appeal to be filed where a tribunal or court determines that a candidate returned as elected was not validly elected. The person against whom the judgment of the tribunal or court has been made and who has appealed against the judgment is by virtue of Section 143(1) of the Act allowed to remain in office pending the determination of the appeal. Even where the person in office declared by the tribunal or court as not validly elected has not appealed, he shall by virtue of Section 143(2) of the Act remain in office pending the expiration of the period of 21 days within which an appeal may be brought”.

    Ogwemoh said Ikpeazu took the right step by approaching the high court in Abia State for interpretation of the provision of the Electoral Act in order to avoid anarchy and chaos in the system, adding, “We should not forget so quickly that Section 143 of the Act was introduced to avoid the experience in the past under the old law where there was no provision to address this kind of situation where a candidate in office is declared not validly elected by a court or tribunal and another candidate is immediately sworn in, and when the judgment of the tribunal or court is upturned on appeal, the person returns to office and claims to be entitled to a fresh term of office.

    To Omoyinmi, INEC is right to have carried out Justice Abang’s order. He noted that the order of the court from the judgment is that Dr. Ogah should be issued a certificate of return with immediate effect and INEC is right in carrying out the order of court to that extent.

    “However the notice of appeal filed by Dr. Ikpeazu before the Court of Appeal does not operate as a stay over the judgment. Where there is no order for stay of execution, the INEC is right to have obeyed the court and all parties must obey the court decision. Nevertheless the Abia State High Court may have been placed with facts to show that a notice of appeal against the decision of Justice Abang has been filed, and consequent on that issued an interim order which I believe is invalid in law considering the fact that the Abis State  High Court is of coordinate jurisdiction with the Federal High Court.”

    While admitting that Ikpeazu,  under the law is entitled to file an appeal and subsequently and statutorily remain in office pending the determination of his appeal, Oduguwa also stated that an appeal does not operate as a stay of execution of judgment. According to him, INEC requires a specific order of stay of execution to stop it from issuing the certificate of return, more importantly that the court specifically ordered that the certificate be issued.

    He argued: “It will be contemptuous on INEC to ignore the issuance of the certificate nothwithstanding that an appeal has been filed. INEC has a duty to comply with the valid and subsisting order of a court of competent jurisdiction.

    But Dr. Nwobike reasoned that Justice Abang should not have made those consequential orders directing INEC to issue a certificate of return to Mr Ogah  in view of the clear and mandatory provisions of Section 141 of the Electoral Act, 2010.

    “Again, having filed an appeal and applied to stay the execution of orders of the Federal High Court, I believe that a prudent INEC should have awaited the decison, one way or the other, regarding that application for stay of execution.

    “Granted that an application for stay of execution does not amount to the stay of execution of the orders, INEC should have, in view of the provisions of Section 143 of the Electoral Act, awaited the complete determination of that application before proceeding to issue the certificate of return to Dr. Ogah.

    “I also believe that INEC should have given due consideration to the fact that, apart from the fact that the orders emanated from pre-election action, Dr. Oga never participated in the governorship election that it conducted on  April 11, 2015. Putting the foregoing on a scale, it does appear to me that the haste with which INEC issued the certificate of return provides validity to possible charge of bias or bad faith”, he further argued.

    In respect of the order made by the Abia State High Court, he said it appeared to have been sought for to prevent the breakdown of law and order. “I cannot, with any modicum of certainty comment on its propriety until I read the substantive reliefs”, he said.

    Adegoruwa argued that once a party who lost a case has filed an appeal and an application for a stay of execution of the judgment, that judgment cannot be enforced until his application has been decided one way or the other.

    “There is no controversy in this matter at all. We have evidence that INEC was duly served with both the notice of appeal and the application for a stay of execution of the judgment.

    In that regard, the commission was clearly in error, to have proceeded to execute the judgment that was already on appeal, by issuing a certificate of return to Chief Ogar, thus precipitating and provoking the current tension and confusion in Abia State”.

    Adegoruwa said the appropriate thing to do now is for INEC to withdraw the certificate of return that was issued to Ogar in error, and await the determination of the appeal.

    “The crisis that is to follow is better imagined. If Ogar is sworn in now and Ikpeazu eventually succeeds on appeal, then Ikpeazu will be sworn in again and that monumental confusion will continue until the case is finally decided by the Supreme Court. There is no need for this drama at all. Parties should be patient and await the final determination of this case by the Supreme Court”, he said.

    Ubani argued that since INEC has issued Dr. Ogah with a certificate of return, the next thing is for the Chief Judge of Abia State to swear him in as governor.

    He argued that the order of the Abia High Court restraining the Chief Judge from swearing in Ogah into office is invalid in law as “it did not emanate from a higher court but from a court of coordinate jurisdiction and does not in any vitiate or invalidate the earlier judgement of the Federal High Court in which the Chief Judge of Abia State was ordered to swear in Dr Uche Sampson Ogah. Only a higher court, in this case, Court of Appeal, has the jurisdiction to reverse the judgement of the Federal High Court”.

    He added: “The appeal of Dr Okezie Ikpeazu before the Court of Appeal does not operate as a stay over the judgment of Justice Okon Abang. In the absence of any express order of the high court or the court of appeal ordering stay of execution, the judgement of the Federal High Court delivered on the 27th of June, 2016 should be obeyed by all the parties”.

    Way out

    Ogwemoh said it is also important at this stage of the crisis for the Chief Law Officer of the Federation to make a pronouncement on the issue, ‘’which I think should be in support of allowing the appeal process initiated by Governor Ikpeazu to be exhausted to enable us have the benefit of an appellate court decision on the matter.

    Dr. Nwobike and Omoyinmi agreed with Ogwemoh on the need to allow the matter go through the appellate court.

    Nwobike said, “I think that the Court of Appeal should quickly intervene, upon the application of any of the parties, by ordering the maintenance of status quo before the orders of Justice Abang pending the determination of the appeal.

    Omoyinmi added that the way out is for the Higher Court to  be allowed to make a pronouncement on the matter be it at the Court of Appeal or Supreme Court “after all if Dr. Ogah emerge victorious, his four year term will commence on the date of his swearing and he would have ultimately lost nothing as to the number of years for his tenure in office”.

    Oduguwa suggested that in view of the conflicting orders of the Federal and State High Courts on the swearing in issue, “the most ideal thing to do and which we seem to have adopted is to allow the appellate courts to consider the appeal if any so that all the issues in controversy including the appeal can be dealt with once and for all. My advice is that the CJ should allow the judgment to be tested on appeal.

    “If Dr. Ogah wins on appeal, his tenure will commence from the date he is sworn in. I am sure that the appeal, even up to Supreme  Court, will terminate within a year considering the fact that priority is given to the hearing of election cases”.

     

  • NBA presidency: Lawyers seek free, fair poll

    NBA presidency: Lawyers seek free, fair poll

    With less than 30 days to the Nigerian Bar Association (NBA) election, lawyers have called for a free and fair election of those to run its affairs for the next two years.

    They urged NBA president Augustine Alegeh (SAN) to be fair to all parties and not do anything capable of plunging the association into crisis as happened in 1992.

    According to them, the NBA president should go by the rules of the game, observe international best practices and provide a level playing field for all contestants irrespective of where their loyalty lies. The lawyers frowned on a situation where stakeholders in the electoral process seem to be working towards a predetermined result.

    For the lawyers, the current online voting exercise has posed a lot of challenges because it has not been test run, contrary to the President’s earlier promise to test run it at branch elections before deploying it at the national level.

    Some observers allege that Alegeh has not hidden his preference for one of the candidates for NBA Presidency when he ought to take a neutral position. Some have criticised him for openly pushing an agenda, while others accuse him of not being fair to all parties. Already, some NBA branches have gone to court to challenge some decisions regarding the election; many more may join.

    Alegeh was said to have got the support of the NBA National Executive Committee (NEC)  to approve Uniform Bye Laws for the branches, a decision that  cut short the tenure of about 76 NBA branch officers and compelled them to hold elections before June 7, whereas he retains his own tenure, which will end next month.

    He has also been accused of annulling several branch elections, imposing chairmen and officers, and causing divisions in the association and threatening to disenfranchise any NBA branch that questions his decisions.

    Former NBA Ikeja Branch chairman Mr. Yinka Farounbi said: “We are in court. The President has no power to annul our branch election the way he has done. We are going back to the court this week and the court will direct us on what to do.”

    On the voters list just released, he said: “We are compiling a list because a lot of our members couldn’t find their names on the list just released and they paid their Bar Practising Fees and branch dues as and when due.

    “We need to assess the situation generally, consult with our leaders and finally decide where we are going, I hope this is not the beginning of manipulation of the electoral process.”

    In Abuja branch, some members obtained status quo order over the election of Victor Abasi Ekin as chairman and others pending the determination of their suit.

    But the branch is currently under the Chairmanship of Mr. Ezenwa Anumunu who was recognised by Alegeh and NBA NEC during its meeting in Benin.

    A senior member of the branch who prefers to remain anonymous said: “We are tolerating this arrangement for now because we want to participate in the elections. The President has refused to recognise or relate with anybody in the branch except Mr. Anumunu for now and threatened to disenfranchise all of us if we do not comply.

    “Our branch leaders went to meet him recently. He insulted them, walked some of them out and refused to listen to them. Even a Senior Advocate of Nigeria, who led them was not spared of his attacks. . He insulted them and told them to go and enforce the order of NEC.

    “He has divided the Bar into many factions. I don’t see how he can sustain this wahala.  If he doesn’t change his way, may God help us that we do  not go the way back to Port Harcourt debacle of 1992.  We are praying that he doesn’t destroy the Bar before he leaves in August. He wants to install a President he will control, he is desperate about it. Who told him that he will control this one?“

    Anumunu confirmed that the names he sent ahead of the election have been approved.

    “All the names we sent have been approved for us, even the names sent by the Corporate Affairs Commission (CAC) who went through our branch have also been approved. Abuja now has about 3,000 names but our challenge now is the verification of those names,” he said.

    The Oji River Branch was returned zero on the original voters list. Its chairman Innocent Ezeh  said 82 members have been accredited to vote.

    Former Jos Branch chairman Dafer Ledak expressed worries that several lawyers have not been validated to vote.

    “Up till now, mine is still saying invalid. The system is not safe at all because the names are available to everybody who wishes to access them and anybody can do anything with anybody’s name.

    “We should speak to the Electoral Committee, something has to be done about it. It is like somebody is doing this deliberately to cause confusion in the process. Some branches would be rejoicing that they have all the names they sent out for validation but they won’t know that some names appeared three times on the same register,” Ledak said.

    Lagos branch chairman Martin Ogunleye said the branch has close to 4,850 voters, adding that many are unable to validate their names.

    “If the election will have any form of credibility, then the deadline has to be extended. Now, they have removed the icon for verification, so how will the new ones have the opportunity to verify their names?” he asked.

    On how to get a credible election in the face of these challenges, Mr. Dele Oye urged NBA to use independent monitors.

    “The Bar should get monitors. Both local  and International observers like DFID, Non Governmental Organisation (NGOs) should be given accreditation to monitor the process.

    “This is because no matter how transparent the election and  electoral process is, if the candidates are not sure that it is transparent, they will not accept the outcome.

    “We still remember how LawPavillion failed us at the conference last year. I don’t know how they want to do it this year, but let them be interacting with the people so that we will know what they are doing and be able to ask questions for clarifications.

    “My take is that the Bar must get independent observers who will monitor the process,” Oye said.

  • SAN to lawyers: reject bad briefs

    SAN to lawyers: reject bad briefs

    Mr. Sebastin Hon (SAN) is a renowned author and legal scholar. In this interview with Legal Editor John Austin Unachukwu, he shares his views on legal practice, justice sector reform and NBA elections .

    As a leading lawyer, what do you think is the secret of success in the legal profession?

    The key to every successful career is  God. He provides the needed divine blessings and then hard work. In our profession, honesty and ethical conduct are also important factors, because without a good name, one would fizzle out easily. As a matter of fact, for one to be successful in legal practice, he must take it as a vocation or profession and not as a business to make money. If you lay a good foundation, money will always come, God permitting. So, I will give all the glory to God because after graciously giving the gift of knowledge, He also protects me and strengthens me to muscle my way through hard times.

    There have been calls for the over haul of the justice sector to expedite justice delivery in the country. How can this be achieved?

    These calls have been resonating for a very long time now; but I think gradually, things have started taking shape. We have had strict timelines in determination of election petition matters, leading to expeditious determination of such matters. We also have the Criminal Justice and Administration Act, which has also had great impact on the length of time of criminal trials. I will, however, quickly add that the major players in the system – the lawyers, the Judges and the litigants – must be ready to accept that this is a new dawn in Nigeria, where dilatory tactics are no more condoned by Nigerians. I have been watching the trend on social media, and I can confirm that most Nigerians are impatient with delayed criminal trials. For my colleagues, I will counsel that if a matter against your client is not favourable to him, either do not accept the brief or advice him on how best he can go about it without injuring the collective sensibilities of Nigerians. A lawyer is not a magician or an omnibus superpower who can do the impossible, even when the facts are very adverse. And I boldly say that taking up somebody’s defence just for the purpose of endlessly asking for adjournment or deliberately frustrating the trial is unethical and immoral.

    What is your advice on this?

    If you have a bad case, either do not accept the brief or accept it but advise your client on the needful. Our attitude of late is lampooning the professional standing of lawyers; and this image is not good for anybody.

    I will also suggest the establishment of State or at least Regional Supreme Courts and Courts of Appeal – as done elsewhere in other Federal political setups. It’s not every matter that must get to either the Court of Appeal or the Supreme Court. If these and more other steps are taken, then the docket of our courts will become more manageable and the terminal life of most cases will be shortened.

    Your book on the Law of Evidence in Nigeria is one of the most useful books for lawyers, how do you feel about this?

    This is a very difficult question, because I would have preferred The Nation to have conducted an opinion poll among lawyers, Judges and the academia to get a more accurate answer. However, I really thank God for that work. When I was researching on it, a Pastor whom I had not met before came around and prophesied that even though he did not know exactly what I was researching on, God had commanded him to tell me the book will take me to places I never imagined. Thereafter, we prayed together; and all I will say for now is that faithful Jehovah has fulfilled his prophesy delivered by a hitherto unknown servant of His. I can proudly say that I am about the most quoted author in Nigeria – courtesy of that book and some others I have authored. I return all the glory to God.

    Your latest book on constitutional and Migration law in Nigeria is due for presentation to the general public. When did you become a constitutional lawyer?

    One thing people don’t know is that I wrote a wonderful book on Constitutional Law which was published in 2004. I can proudly say, but again giving thanks to my God, that the said book has also been a constant resource material in Nigeria and beyond. Google this and see for yourself. Let me quickly add that because of the proactive way I write, that book was the only source material used in 2010 by the Federal High Court to validate Goodluck Jonathan’s Acting Presidency, when the late President Yar’adua was flown out for medical treatment without transmitting a letter to the National Assembly that Jonathan be sworn in as Acting President. Remember that I wrote the book in 2004; and without having any inkling that a sitting President would be so ill six years afterwards as not to be able to transmit that crucial letter, I wrote authoritatively in the book that if for any reason, including ill-health, ill-will or other factors, the President was unable to transmit such letter, the Vice-President should automatically be sworn in as the Acting President. That effort, therefore, took care of the vacuum existing in our constitution then, until the recent amendment that took care of it.

    Back to my latest book, I can mention some features of it which cannot  be found in any other book in Nigeria. First of all, I have reported and commented on hundreds of the most current (up to 2016) relevant cases in Nigeria, the European Court of Human Rights, the US, the UK, Canada, Australia, India, South Africa, Ghana, etc. Secondly, I  have treated topics hitherto not treated in Nigeria,these include migration into and out of Nigeria and in the ECOWAS sub-region, extradition process and proceedings, refugee movement and status in Nigeria, residency rights by foreigners, etc, under the Chapter dealing with Migration Law.

    You mentioned that Chapter 5 of the book is unique, what do you mean by this?

    This chapter deals with Fundamental Rights and it is close to 500 pages. Under this, topical issues like gay rights, wearing by Muslim women of hijabs or niqabs, unauthorised snapping of public personalities, unauthorised exposure of medical records of patients by hospitals, etc, have been elaborately treated while discussing right to privacy. Under right to life, we have treated apparently new topics in Nigeria, like assisted pregnancy, surrogate pregnancy, assisted suicide, mercy killing or euthanasia, refusal to take medical treatment by oneself or his parents/relations, abortion rights, refusal of medical doctors to treat patients rushed to their hospitals, failure of government to protect life, etc. Under freedom of the press, the Freedom of Information Act, free speech, hate speech, mass media laws, etc, have been sufficiently discussed. I have also done annotations on the Fundamental Rights (Enforcement Procedure) Rules, 2009, with the use of the most current cases. I can go on and on. Remarkably, the book is more 1,200 pages and has covered the entire field of constitutional law. That is why other topics like proclamation of a state of emergency, immunity of the executive branch of government, status of the FCT Abuja and a host of other topical issues has been discussed lavishly. Above all, the entire 1999 Constitution, together with the 1st, 2nd and 3rd Alterations thereof, have been amply treated. What more do I tell you?

    This is an election year for the NBA, what qualities do you expect from the next NBA President?

    There are two candidates Chief Joseph-Kyari Gadzama (SAN)and A.B Mahmud (SAN). Both of them are respected Senior lawyers. Even though I enjoy right of privacy as far as the candidate I will vote for is concerned, I will counsel members of our respected profession to vote for the candidate who will be with them through tick and thin and not abandon them midstream. He should be able to stand up to anti-people policies of the government, not minding whose ox is gored. He should also be able to objectively support the government of the day on its good policies. He should be outspoken and not reticent or reclusive even in the face of tyranny or injustice. He should be able to defend the interest of his colleagues and the NBA and not pander to some primordial cleavages or tendencies at the expense of the rule of law and due process.

    The NBA President and other Exco members should be elected by popular vote; and in this wise, I will strongly warn against manipulation of the electoral process. The President of the NBA, Augustine Alegeh (SAN), came on board via a thoroughly transparent electoral process,  hence should also pass this legacy on to his successor. It will be shameful if the Port Harcourt fiasco of the 1990s repeats itself again in 2016 under the watch and presidency of my friend, Mr. Alegeh(SAN).

    While I support electronic voting, I will suggest it should be done on branch by branch basis. In other words, each branch should vote while the final collation is done at the centre. All members of each branch should gather at a designated venue (not more than one venue per each branch) and vote thereat. Collation should be done and printed out at each such branch and the results signed by all the agents before the electronic version is sent to the centre for final collation. To enhance transparency and acceptability, each candidate should have their agents at each of the voting centres and at the central or national collation centre. Again, I must counsel, if not warn, that the NBA electoral process be not manipulated in any way.

  • ‘Lack of funds hampering full implementation of ACJA’

    ‘Lack of funds hampering full implementation of ACJA’

    The Administration of Criminal Justice Act (ACJA) of 2015 has not been fully implemented due to lack of funds, Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello, has said.

    He said courts were yet to apply some of the non-custodial provisions on sentencing in the ACJA because of poor funding.

    Despite the financial constraints, the CJ said the judiciary would continue to implement sections of the law that provide for speedy criminal trial.

    Justice Bello vowed to support  measures aimed at improving the effectiveness of the criminal justice system to ensure prompt prosecution of cases.

    He spoke in Abuja when some members of a group –  Citizens United for Rehabilitation of Errants (CURE) – led by its Executive Director, Sylvester Uhaa, visited him.

    The CJ, while reacting to issues raised by the visitors, praised the group, whose members are  assisting indigent prison inmates access justice by representing them in court pro bono (free of charge), and from which about 25 inmates in four prisons – Keffi, new Keffi, Kuje and Suleja – have benefited in the last one year.

    He said the teething problems still being experienced in the prosecution of criminal cases in the FCT resulted from the current transition from the old ways and the new approach being introduced with the increased application of the ACJA 2015.

    “With what I have seen today, I have cause to rejoice that you are part of our prison visits. That you are handling about 30 cases on pro bono basis within your short time of existence, is commendable.

    “The logistics and other expenditures associated with non-custodial sentences are a challenge. They are capital intensive and require adequate funding. These are transitional challenges,” Justice Bello said in response to Uhaa’s complaint that courts were yet to explore the non-custodial sentence option provided for in the ACJA.

    He expressed the hope that the Interior Minister, who supervises the Nigerian prison Service (NPS) was working on addressing the challenge of inadequate work facilities, particularly vehicles for conveying inmates to court for trial.

    The CURE delegation informed Justice Bello that the visit was to seek his support and bring to his attention problems associated with the criminal justice system in the FCT.

    Speakers, including Uhaa, identified challenges as delayed proceedings, long adjournments, shortage of prosecutors and, in most instances, the non-production of inmates in court on scheduled dates.

    Uhaa, who noted that most of these challenges are only associated with cases involving indigent defendants, said his group was currently handling about 35 of such cases free of charge. He said his group has been able to conclude 20 cases this year, involving 25 people.

    “The essence of our service is not just to get these people out of prison, but to allow them access to justice. Some of the cases we have get adjourned for long time. We have limited resources. Adjournment can happen, but when it is too long, it becomes worrisome,” Uhaa said.

    He blamed incidents of jail break on the overcrowding of the nation’s prisons. He urged the CJ to engage in regular prison visits to attend to cases requiring urgent attention, but which are hardly brought to his attention.

  • Orile-Ifo kingship tussle: Court orders response to joinders’ application

    Orile-Ifo kingship tussle: Court orders response to joinders’ application

    A High Court sitting in Ogun State has ordered defendants in a N5 million suit filed against the kingmakers council of Orile-Ifo over the vacant stool of Olorile of Orile-Ifo to file their responses to the applications  filed by the claimants in the matter.

    The claimants, Shobowale Afijaperi Ruling House and Chief Afeez Ekundayo Tinuosho, have filed fresh applications for joinders and substitution before the court presided by Justice Gboyega Ogunfowora.

    At the resumed hearing last week, counsel to the claimants, Abiodun Adekunle, leading Akin Akinduro, told the court that they have filed fresh applications and would want to move them.

    Adekunle told the court that the respondents in the matter have been duly served as required by the law.

    Counsel to the third defendant (Commissioner for Local Government and Chieftaincy Affairs, Ogun State), Mr. A Akinsinde did not object to the applications.

    Ruling on the matter, Justice Ogunfowora ordered the defendants to file their responses before the next  adjourned date.

    The trial judge thereafter adjourned the matter to October 4, 2016 for hearing of all pending applications.

    Earlier, Adekunle had informed the court of a Motion on Notice in which the claimants are seeking an order of the court to change lead counsel in the suit saying that that was the wish of the claimants as stated in an affidavit deposed to by one Chief Olufela Akinwale Dipeolu.

    Counsel to the Commissioner for Local Government and Chieftaincy Affairs, Ogun State, Mr. Akinsinde had raised objection saying that since Akinduro has been the counsel signing all the previous applications before the court, the counsels could just maintain current status.

    But Justice Ogunfowora over ruled  the defence and upheld the prayer of the claimants for change of lead counsel to Akindele while Akinduro is to continue with him in the matter.

    The first to the fifth claimants in the amended writ of summons are Pa Jeremiah Oyewole Odetunde, Chief Hafeez Adedayo Tinuosho,  Madam Folayinmi Odetunde Amusan, Chief Fatai Tinuosho and Pastor Lanre Tinuosho respectively for themselves and on behalf of Shobowale Afijaperi Ruling House.

    The first to the10th defendants are Chief Musibau Adeniji, Chief Sunday Odetunde, Chief Kehinde Bamgbose, Chief Alani Oladipupo, Chief Waidi Olude, Chief Mrs. Modinat Tinuosho Ojo for themselves and on behalf of  Orile-Ifo King makers Council.

    Others are Mr. Semiu Ogunjobi, Chairman, Ifo Local Government, Commissioner for Local Government and Chieftaincy Affairs, Ogun State and the Executive Governor of the state.

    The claimants, in the amended writ, aside from their prayer for N5 million for general damages, are also seeking three other prayers from the court including “a declaration that the first to the sixth defendants are not entitled to nominate, select, present, appoint and or install one Semiu Ogunjobi or any other candidate or person other than Chief Hafeez Ekundayo Tinuosho, the candidate from the claimants’ ruling house, Shobowale Afijaperi Ruling House, to fill the vacant stool of Olorile of Orile-Ifo”.

    They also prayed for “an order of the court installing the claimants’ candidate, second claimant, Chief Hafeez Ekundayo Tinuosho as the next Olorile of Orile-Ifo, being the candidate nominated and selected from the Shobowale Afijaperi Ruling House to occupy the vacant stool”.

    In addition, the claimants asked the court “for an order of perpetual injunction restraining the first to the tenth  defendants, their servants, agents or privies, assigns, representatives and whosoever from imposing and or installing the seventh defendant, or any other person(s) claiming through him to fill the vacant stool of Olorile of Orile-Ifo”.

    In a 46 paragraph amended statement of claim and affidavit deposed to by Chief Olufela Akinwale Dipeolouwa, the claimants gave an account of how the ancient town, Orile-ifo was founded by their progenitors, Shobowale Afijaperi Onifo and Tinuosho Shogoroye Abiade, the elevation of Baale Samuel Oludademu Tinuosho Joshua became the first king following his elevation  by the former governor of Ogun State, Otunba Gbenga Daniel and how ascendancy to the stool of Olorile of Orile-Ifo will be conducted in accordance with the official and registered Declaration for Orile-Ifo Obaship stool which they claimed will rotate amongst two ruling houses whenever it became vacant.

    They averred that the stool of Olorile of Orile-Ifo became vacant following the death of the first king, Samuel Oludademu Tinuosho Joshua and as a result of which the stool must be filled by the nominated candidate from the next ruling house.

    They averred that since the late and first monarch of the town hailed from the Tinuosho Shogoroye Abiade Ruling House, the next ruling house to ascend the throne is Shobowale Afijaperi Onifo.

    They averred that Chief Hafeez Ekundayo Tinuosho was unanimously approved, nominated and selected by the two families of the Aridegbe Shobowale and Osungbolade Shobo-wale  that make up the Shobowale Afijaperi Ruling house, emphasing that those present at the occasion included the local government council (eighth defendant) who  was represented by the former Secretary of the council, Hon. (Mrs.) Kikelomo Delano and two other career officers and representatives of the first to sixth defendants.

  • Ogun CJ seeks improved justice administration

    The Ogun State Chief Judge, Justice Olatokunbo Olopade, has urged the bar and bench to uphold the ethical standard of the legal profession in order to strengthen   administration of justice in the state.

    Justice Olopade gave the advice in her address at the Nigerian Bar Association (NBA), Sagamu Branch, 2016 Bar Week Programme held at the Asoludero Court in Sagamu.

    The Chief Judge expressed concern at the decadence in the legal profession and the level at which corruption had eaten deep into the fabrics of the profession and the society.

    Justice Olopade said the lecture titled ‘Rescuing the Legal Prefession from Ethical Collapse’ could not have come at a better time than now when the country was facing myriads of socio-economic challenges ranging from corruption to recession among others.

    She praised the Sagamu NBA for organising the event; the first of its kind in the division, saying that the association had shown exemplary character towards the effective administration of Justice in the division and the state.

    Justice Olopade recalled the five years she spent on the bench at the Sagamu High Court Division, describing the period as challenging and a remarkable one.

    The Chief Judge said ‘’I congratulate and commend the Sagamu Bar and its Executives for putting up this event at this particular time. Corruption is not only present among the Bar and Bench, but among everyone in the country. We need to do something urgently about the falling standard of the legal practice in the country as a whole’’.

    In his speech, the President of the NBA Sagamu, Prince Debo Oduguwa, urged members of the association to ensure that the ethics of the profession was not compromised in any way to the detriment of the dispensation of justice to  both the ’weak and the strong’ in the society.

    Highlight of the 2016 law week programme was the conferment of award on the Chief Justice of the state, Justice Olopade and five other serving Judges in the State  while  a post-humous Award was  given to Late Kehinde Sofola (SAN) for his numerous  contributions towards the administration of justice in the state.

  • Olanipekun to Buhari: don’t discard ‘Confab’ report

    Former Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) has urged President Muhammadu Buhari to consider the report of the 2014 National Conference as a first step to fixing Nigeria.

    He stated this during an interview at the United States’ Consul General’s residence in Ikoyi.

    The renowned lawyer, who was among guests invited by the US Mission, Nigeria to celebrate that country’s 240th Independence anniversary, noted the need for restructuring of Nigeria’s federal system.

    Olanipekun stressed the need for a reversal of the current unorthodox federalism being practised.

    “The report is not an end in itself; it’s a means to an end. But let us face it, Nigeria cannot continue to be like this, we are not running a federal system and my worry is this: for anybody who gets there, he wants to appropriate and maximise even the deficiencies to his own advantage.

    “That is what the present government is doing, with all respect. I am one of their lawyers but what they are doing now is to appropriate and expropriate all the deficiencies to their own advantage. How do you get there and you don’t want us to discuss Nigeria?  Is  it possible? I cannot tell my wife or my children that I don’t want us to discuss my family despite the fact that God has made me the head of the family, we have to discuss.

    “And everybody is saying we are in a world where we have to discuss. Look at what happened in Britain, although they might be regretting it but that is democracy in action. People must discuss, we must discuss this country.”

    Olanipekun said the centre “is overbearing and selfish”, adding: “I’m not talking about the people who make up the centre, but the centre as we have it today is greedy. That is why the states are poor and they are becoming poorer and they will continue to be poorer.  You ask yourself, what does the Federal Government contribute to the economy of this nation?

    “What we are running now is dictatorship. We are being ruled by force. Nigeria does not belong to a particular individual but to all of us, the more reason why we have to discuss and it is out of love, out of patriotism that we are saying let us discuss Nigeria. And this country has to be restructured whether we like it not,” he said.

    According to him, Nigeria can learn from America which practices true federalism where power has been donated by the federating units to the centre  and not the other way round.

    “Our democracy is weak, our federation is unorthodox, unusual, our federation is out of it. We are running a unitary government and the earlier we start restructuring, reviewing, the better for us. If we don’t do it, our children will have problem. I’m not cursing and I’m not being pessimistic but then let’s do it as it ought to be done.”

  • Cleric urges court to dismiss N22m suit

    A clergyman, Dr. Chris Kwakpovwe, has asked the Lagos High  Court, Igbosere to dismiss a N22,454,000 suit filed against him by Miss Tamara Egbedi following an injury she allegedly suffered during one of his church’s services.

    Also joined in the suit before Justice Samuel Candide-Johnson, is the Registered Trustees of the Chapel of Liberty, also known as the Voice of Liberty Ministries, where Bishop Kwakpovwe is a pastor.

    Egbedi, a lawyer, is claiming the sum as damages and cost of treatment for a broken tooth she allegedly suffered during an ‘anointing service’ held by the church on January 22, 2010 at the National Stadium, Surulere, Lagos.

    She told the court she attended the ‘end of fasting’ service in the company of her sister, Miss Ebiere Egbedi and her cousin, Miss Bomiya Clark.

    Her claims comprise N1,454,000 as special damages, N20,000,000 being general damages and N1,000,000 being the cost of completing her medical treatment following the alleged injury.

    But in his statement of defence filed by his counsel, Mr. Anthony Mukoro, Kwakpovwe denied any liability for the claimant’s alleged injuries and said the suit might be an attempt to take advantage of ‘the benevolence of the church towards act of charity.’

    He said between 12,000 and 15,000 people attended the crusade held at the Indoor Sports Hall of the National Stadium but it was well organised and there was even arrangement for controlled outside sitting for nursing mothers and the sick.

    The matter was adjourned till October 17 for the parties to file their final written addresses.