The Nation Newspaper

Category: Law

  • Too hot for Senate to handle

    Too hot for Senate to handle

    The Senate drew the flak over its planned amendment of the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Act and related laws. It quickly dropped the plan – which coincided with the ongoing trial of its president, Senator Bukola Saraki, at the CCT for alleged false assets declaration – following public outcry. To lawyers, the plan was ill-conceived. ADEBISI ONANUGA sought their views.

    The Senate drew the flak over its decision to amend some anti-corruption laws. No fewer than 28 civil society organisations marched on Abuja against the plan.

    Sought to be amended were the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT); Money Laundering and the Administration of Criminal Justice (ACJ) laws. Following public outcry, the Senate suspended the exercise last Wednesday.

    Many Nigerians saw the move as a bid to whittle down the powers of the anti-corruption agencies, help Saraki escape justice or in the alternative create a soft landing for him, if convicted.

    They were worried about the haste and timing of the exercise. The bill for an amendment of the CCT and CCB Act, sponsored by Peter Nwaoboshi (PDP-Delta State), scaled the second reading two days after it was first read before it was referred to the committees on Judiciary and Ethics, Privileges and Public Petitions.

     

    CCB/CCT ACT

     

    The bill seeks to amend Section 3 of the Act to give every public officer appearing before the Bureau a fair hearing provided for under Section 36 (2)(a) of the 1999 Constitution. It seeks to bar the tribunal from trying criminal cases and reduce its powers to try civil cases.

    The bill in addition provides “for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person”.

    This is in contrast to the law which the sponsor of the bill said does not provide for the CCB to take written statement from concerned public officers before referring a matter of alleged non-compliance to the CCT.

     

    Money Laundering Bill

     

    The Money Laundering Bill is the first of the two executive bills sent to the Senate by President Muhammadu Buhari. They are: ”The Money Laundering (Prevention and Prohibition) Bill”  and “The Mutual Legal Assistance in Criminal Matters Bill, 2016.”

    The first bill seeks to repeal the Money Laundering Prohibition Act 2011, and re-enact a more comprehensive legislation.

    The bill seeks to divest the Economic and Financial Crimes Commission (EFCC) of its powers to probe offences of economic and financial crimes and to vest it on a separate agency.

    The bill,  in addition, seeks to prohibit money laundering and criminal activities in the country, expand the scope of money laundering offences.

    The second bill seeks to facilitate international assistance in criminal matters.  Among others, it also seeks to provide protection for employees of various institutions, bodies and professions who may discover money laundering.

    The Mutual Legal Assistance in Criminal Matters Bill 2016, seeks to get relevant international assistance in cases of money laundering. It  is expected to provide framework for other countries to assist in provision of and obtaining of evidence, making of arrangements for persons to give evidence.

     

    EFCC rejects amendment

     

    The EFCC in a position paper presented to the National Assembly, rejected the proposed amendments to the Money Laundering Act.

    “The bill appears complex and difficult to decipher as it is riddled with complex web of cross references,” EFCC said.

    The commission spotted 12 gaps which it believes could impede the government’s anti-corruption agenda. It said passing the bill into law would affect Nigeria’s application for the membership of the Financial Action Task Force (FATF).

    To the agency, if the Bill is passed into law, it will give the Attorney-General of the Federation (AGF) some discretion which may be abused.

    The commission also faulted plans to establish a Bureau for Money Laundering Control (BMLC) for a service which is already being rendered efficiently by the Special Control Unit against Money Laundering (SCUML).

    It said: “Clause 15(4) (c) is unconstitutional as it is retroactive because it is designed to subject persons to prosecution under this bill for offences committed before its enactment into law.

    “Clauses 18(5), (6) and (7) are in conflict with Section 7(2) of the EFCC Act as they seek to divest EFCC of its powers to cause investigation into economic and financial crimes offences and, by extension, attempt to transfer the statutory powers of the EFCC to an unknown and non-existent agency—Proceeds of Crimes Recovery and Management Agency.

    “Clause 14(2) of the bill provides that Financial Institutions (FIs) and Designated Non-Financial Businesses and Professions (DNFBPs) are competent but not compellable to give evidence in criminal proceedings arising from the report which they make under the bill.

    “The effect is that there will be challenges in the successful prosecution of money laundering related offences.

    “Moreover, this clause is contrary to the provisions of the Evidence Act as the issue of competency and compellability of witnesses are settled principles of a law under the Evidence Act and judicial authorities.”

    The EFCC also faulted discretionary powers given to the Attorney-General of the Federation on reporting of money laundering cases and the amounts payable by offenders saying, such powers may be abused if any AGF is not well-intentioned.

     

    ACJA

     

    Amendment to the Administration of Criminal Justice Act (ACJA) seeks to exclude CCT from its application.  It is intended  to whittle down powers of CCT by stripping it of powers to hear criminal cases. If the  amendments scales through, then all asset declaration matters before CCT would be deemed to be civil cases rather than criminal cases.

     

    Lawyers react

     

    The bid to tinker with the CCT and the ACJA drew the most ire of Nigerians who saw it as a move to frustrate Saraki’s trial.

    The National Coordinator, Legal Defence & Assistance Project (LEDAP), Chino Obiagwu, described the attempt to amend the ACJ as self-service and contrary to paragraph 1 of the Code of Conduct for Public Officers.

    He said the desperation with which the Senate President and his supporters sought to amend the Code of Conduct Bureau and Tribunal Act and the ACJA, simply for the purpose of seeking ways to frustrate his trial of the Tribunal, raises the impression that he is guilty of the offence charged and they are only working to stop his trial.

    The lawyer said by amending the ACJ Act, the Senate would end up frustrating the good intentions of the Act simply because of the pursuit to stop Saraki’s trial.

    The group noted that the bill to amend the ACJ Acts seeks to revise section 2 (2) of the Act by substituting the subsection.

    The proposed amendment reads: “The provisions of this Act shall not apply to a Court Martial and such other Courts or Tribunal not being courts created and listed under section 6(5) of the Constitution of the Federal Republic of Nigeria as amended”.

    The provision of this section 2 of the Act, which is sought to be amended, provides: “(1) Without prejudice to section 86 of this Act, the provisions of this Act shall apply to criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja. (2) The provisions of this Act shall not apply to a Court Martial.”

    LEDAP stated that by  removing the application of the ACJ Act from courts other than the Federal and State High Courts, Court of Appeal and the Supreme, which are the only courts with criminal jurisdiction listed under section 6(5) of the Constitution, the proposed amendment would narrow the application of the very laudable legislation. Besides, it said it would restrict its application to many courts and tribunals.

    LEDAP drew the National Assembly’s attention to their oath of office, adding that they were elected by the people to make laws for ‘order and good government of Nigeria’ and not for self-serving interests.

    “By pursing the amendment of the Acts in this manner, the legislators are simply abusing the privilege of law making,” Obiagwu said.

    Chairman, Nigerian Bar Association, Ikorodu Branch, Lagos State, Mr Dotun Adetunji, said the amendment of the CCT Act at this point was a “shameful act ’’.

    He said any amendment to a law based on vested interest was contrary to the rule of law and the ethics of good governance.

    “This action of the Senate while its president is undergoing trial at the CCT is a shameful act. It is also a slap on the generality of Nigerians that voted them into office and a breach of the trust expected of them.

    Former Secretary-General, NBA Ikeja branch, Adesina Adegbite, said there was no need or justification for the amendment of the Code of Conduct Bureau &Tribunal Act. According to him, it was a misplaced priority by the Senate and most suspicious.

    “The Bill also exposed the ignorance of the sponsor about the Nigerian laws and particularly the Constitution. Section 18 (1) & (2) of Part 1 of the 5th Schedule of the 1999 Constitution as amended is very clear on the powers of the CCT to impose punishment.

    “It is, therefore, amusing and indeed worrisome that a Senator could attempt to amend the Constitution through a private Bill. Certainly, the promoters of the Bill realised that they goofed and probably due to the public outcry, hence, their decision to suspend further action on the Bills.”

    Director of Prisoners’ Rights Advocacy Intitiative (PRAI), Ahmed Adetola-Kazeem, said the attempt made by the Senate to amend the Code of Conduct Bureau and Tribunal Act was very suspicious, tainted with malice and done in bad faith givenbthe circumstances.

    “It would be very difficult to argue that the proposed amendment was not connected to the travails of the Senate President before the Code of Conduct Tribunal and likelihood of same happening to other members of the Senate in the nearest future.

    “It is impossible to have perfect laws, but there are laws which serves the purpose to which they are enacted. The ACJA has been lauded by many as a fantastic innovation for the speedy and effective dispensation of criminal justice in Nigeria.

    “In my view, no criminally minded person will like the ACJA as it is presently, since the Act frowns at delay tactics employed by legal practitioners in the conduct of their cases.

    “For example, Section 221 stipulates that objections shall not be taken or entertained during proceeding or trial on the ground of an imperfect or erroneous charge.

    “Section 306 of the ACJA also prohibits the entertainment of an application for a stay of proceedings in respect of criminal matters.”

    On the Code of Conduct Bureau and Tribunal Act, Adetola-Kazeem said: “It is adequate for the purpose for which it was enacted. Though some retired Justices of the Supreme Court have criticised the CCT on the bases that it does not have criminal jurisdiction and therefore the ACJA does not apply, however the decision of the Supreme Court is to the contrary and remains the Law.”

    An activist, Ikechukwu Ikeji believes a clarification is needed.

    “It is somewhat confusing to see the Tribunal as an executive body while at the same time exercising powers under the judicature.

    “It is important that the National Assembly as the law making organ of government steps in to clearly say whether the Tribunal is a court under the contemplation of Section 6 of the Constitution or not,” he said.

    Ikeji believed the anti-corruption laws, in their present state,  are not inadequate but they allow for a lot of openings that may lead to confusion in the administration of justice. It is imperative that any ambiguity in the law be cleared by the National Assembly through their law making powers.

    In his contributions, Mr Wale Ogunade, a lawyer and public affairs analyst, said: “The Senate is required by law to amend laws. However, in the case of the amendment of the CCT Act by the Senate, the question to ask is: does the Senate have an honest intention or an ulterior motive.

    “My opinion is that the recent moves by the Senate to amend the CCT Act were designed to frustrate the trial of Saraki. “It is designed to water down the Act making it worthless, useless and of no effect whatsoever.”

    Another lawyer, Mr Ataene Spurgeon, said although the National Assembly was empowered by the statute books to make laws for the country, the amendment of the CCT Act might be a “coincidence.’’ “The amendment of the Code of Conduct Tribunal Act is a `coincidence’ with the trial of the Senate President, Bukola Saraki.’’

    If the laws establishing the Code of Conduct bureau and the Code of Conduct Tribunal are faulty, it becomes necessary for the sake of the good governance to amend the same.

    “For Mr Ola Ogunbiyi, the amendment should not affect the trial of the senate president.The trial can only be affected if the trial is stalled till after the amendment. The Senate can at any point amend the law, that it is being amended at this point in time is not an issue.”The law begins to take its course the day it is signed into law; it is not going to be retrospective.

    An Abeokuta-based lawyer, Mr Emmanuel Olu-Alade, said there was no law forbidding amendment of an Act because someone was on trial.

    “The question is, what are the paragraphs that are currently being amended and what would be the effect of the amended paragraphs considering the ongoing trial of Bukola Saraki.

     

    What should be done?

     

    Adegbite advised members of the National Assembly to adhere to their duties as spelt out in the Section 4 of the 1999 Constitution which is to make law for the good and wellbeing of the people. What they are presently doing is totally not in the interest of the people.

    Adetola-Kazeem maintained that there is no need to amend any of these law at this time and whenever it will be auspicious to do it,  there must be sincerity of purpose on the part of those amending the laws.

     

  • NBA seeks reversal of judge’s retirement

    The Nigerian Bar Association (NBA), Ikorodu Branch has appealed to Lagos State Governor Akinwunmi Ambode to reinstate Justice Oluyinka Gbajabiamila

    The National Judicial Council (NJC) sent the judge on compulsory retirement for alleged falsification of age, but the NBA is seeking a reversal.

    The appeal was contained in an April 21  letter  addressed to the governor and titled: ”re: Compulsory retirement of Honourable Justice  Gbajabiamila: Letter of appeal for your Excellency’s intervention”. It was signed by the Branch Chairman and Secretary, Dotun Adetunji and Blessing Eneh.

    The letter stated in part: “On behalf of the Executive and all members of the above-named Branch of the NBA, we hereby appeal passionately for your Excellency’s intervention on the decision of the National Judicial Council on compulsory retirement of Honourable Justice Oluyinka Gbajabiamila on Tuesday, the 19th of April, 2016.

    “Honourable Justice Oluyinka Gbajabiamila an incorruptible, honest, thorough, upright and God-fearing Judge who is one of the best Judges in Lagos State as his judgments are per merit, does not deserve the decision of the National Judicial Council.

    “Moreover your Excellency Sir, Justice Oluyinka Gbajabiamila is a man of integrity that lawyers and even litigants vouch for. We cannot but have Honourable Justice Oluyinka Gbajabiamila back on the bench. We plead passionately.

    “We pray your Excellency for your quick intervention to ensure that the decision is reversed.

    “Thanking your Excellency in anticipated swift action,” it stated.

  • Uniformed men on the rampage

    Uniformed men on the rampage

    They are fast becoming terrors the way they treat civilians, beating them black and blue at the least provocation. What gives them the power to do this? Their uniforms?  Precious Igbonwelundu asks.

    When 42-year-old Lagos lawyer Sunday Elimihe left his office on the evening of April 7, he never imagined that he would spend two days at the Somolu General Hospital.

    Elimihe was beaten up by six allegedly drunk policemen from the Onipanu Police Division for refusing to give them a N1,000 bribe after being accused of using forged tinted glass permit.

    A policeman simply identified as Longe stopped the lawyer and asked for his particulars, which he handed over to him. But after scrutinising the documents, Longe claimed the tinted glass permit was forged, but the lawyer said it was not. The officer allegedly demanded N1,000 to let the lawyer go.

    Elimihe alleged that the N150,000 he had in his car was stolen.

    He said he introduced himself as a lawyer. Longe, who he claimed reeked of alcohol, threatened to shoot him. Longe’s colleague, Sergeant Sarah, took his gun from him.

    Not done, Longe banged on the lawyer’s bonnet, and dragged him towards the nearby police station. When they got to the station, Longe, joined by Inspector Ajabi Abdullahi, Emeka and three others in mufti beat him up. Longe told them the lawyer insulted him, but they did not care to listen to Elimihe’s explanation.

    “Inspector Ajabi used baton on my head and hand. Blood was oozing out of my nose, eye and mouth. I was shouting for help but no one answered me. I passed out for sometime and when I regained consciousness, I overheard a man telling them to leave me alone or I will die in their custody,” he said.

    It took the intervention of the Divisional Police Officer (DPO) and Commissioner of Police for Elimihe to be taken to a hospital for treatment.

    Residents live in fear

    Residents of Church Street, Ijora Badia live in fear of an Assistant Superintendent of Police  (ASP) Ibrahim Odufarasin aka Jagaban of Badia.

    He is accused of maintaining an army of thugs with whom he attacks anyone who dares to oppose his brutish acts.

    In a petition addressed to the Inspector General of Police, Solomon Arase, dated April 8, the community outlined the many crimes committed by the ASP, listing his victims.

    On March 30, the officer returned home and realised a naming ceremony was going on without his knowledge.

    “Under the excuse that there was a scuffle between persons, who had since been separated, he brought out a dagger to stab anyone who was still around. In the process, he stabbed Ade Ogunbajo. Whilst some residents were trying to stop him from killing someone, he stabbed Muritala Rasak. Some residents and these men finally succeeded in persuading him to enter his house.

    “He suddenly emerged from his house in Rambo style with two guns-one local gun and another AK47 rifle, which he hung on his neck and started shooting sporadically with the local gun.,” the community said.

    Following the intervention of the DPO, Kayode Ayeni and other officers, the guns were recovered from Odufarasin. He was later arrested and taken away. But Odufarasin was said to have returned on April 6. Accompanied by persons suspected to be thugs armed with weapons, he allegedly asked the elders to start relocating because he was back.

    Soldiers on rampage

     On December 21, a soldier simply identified as Danbaba alias Sergeant Kurfo allegedly murdered a cobbler, Kabiru Rabe inside Giwa Barracks, Ikoyi, because the deceased did not respond when the soldier called him.

    Rabe was alegedly beaten to death with a stick. Danbaba and his cohorts were said to have secretly taken him to a grave yard in Agege, where he was buried, without the knowledge of his wife and family members.

    According to the deceased’s brother, Kabiru Lawal, Rabe had an earpiece on and did not hear when the soldier (who normally came to their shops at Falomo roundabout  and forced them into the barrack to clean gutters) called.

     DPO beats traffic warden

    A DPO in charge of Ikenne in Ogun State, Patrick Onwu, on April 11, allegedly beat up a female traffic warden for stopping his vehicle at an intersetion.

    The DPO, who was said to be in plain clothes, drove into a nearby petrol station, changed into his uniform, and descended on the woman, Inspector Anifat Bello, who had received awards for her dedication to duty.

    The Inspector-General of Police (IGP), Solomon Arase, was said to have ordered Onwu’s demotion and his transfer. Onwu was demoted to the rank of Deputy Superintendent of Police from Superintendent of Police.

    Experts seek solution

    Analysts have attributed the abuses to faulty recruitment processes, poor training, mental imbalance, corruption and a fallout of long years of military rule.

    A Senior Advocate of Nigeria (SAN), Sylva Ogwemoh, said the recruitment process should be streamlined to ensure only the best hands and mentally-stable persons are employed as security agents. Minimum educational qualification, he said, should be the National Diploma.

    “We had cases in the past where senior lawyers and indeed senior citizens of this country have been brutalised, abused and harassed by policemen and other military personnel for no just cause.

    “The brutality in most cases comes in two mutually exclusive areas; the police use of excessive physical force and the police use of all other non-physical forces, such as abuse of authority and verbal abuse.

    “Citizens who have been victims of these brutalities have in some cases approached the Courts for a remedy and the Courts have indeed come to their aid by way of award of punitive damages. In spite of the interventions by the Courts, we still hear of cases of police and military brutality in our current democratic setting.

    “Psychological exams taking before admitting to police college is important. The length of training at the police college should also be looked into by the authorities and those training the officer cadet should themselves be well trained.

    “Emphasis should also be placed on increasing the number of in-service training programmes on the use of force, regular reviews of use of force, a clear written policy on the use of lethal and less lethal weapons, and the reporting requirement for the use of force.

    “There should be institutional training for the police force specifically targeted at preventing improper conduct and where there are breaches the disciplinary machinery must be immediately invoked. If we consciously follow these steps, cases of police brutality will be greatly reduced to the barest minimum in the near future,” he said.

    Former Nigerian Bar Association  (NBA) Ikeja Branch chairman, Monday Ubani, said the brutality meted to citizens by, especially, the police showed how poorly undeveloped the country is, emphasising the need for respect of peoples’ rights.

    “The truth of the matter is that we have issues with the Nigerian Police Force, they range from police brutality, obtaining confessional statements through crude method, intimidation, extortion, lack of respect to human dignity and persons to outright impunity in the discharge of their statutory duties.

    “The failure of the Nigerian Police in all these areas earlier on enumerated is systemic. Our police personnel perform excellently well while on foreign assignments but their performance back home most times is below any known standard lending credence that our environment is implicated in their poor performance.”

    To constitutional lawyer, Dr. Fred Agbaje, damages and all financial costs should be borne by the abuser of any individual, who should either be dismissed or suspended, depending on the gravity.

    He also argued that a two-week mandatory course on sociology and imperative of human rights should be attended at designated universities and become a criteria for every police man or woman to be promoted to the next rank.

    “Teach the rule of law and human rights at Police Colleges. Aside every police man or woman irrespective of his\her rank must attend every two weeks of the sociology and imperative of human rights program at designated universities and the outcome of such intellectual exercise be the basic minimum for promotion to the next rank.

    “Furthermore, any breach of this right and monetary compensation {which must be heavy}, must be paid from the salary\pension, and the defence of such cases should be borne by the itinerant and lawless officer including but not limited to an outright dismissal from the force. The law is no respecter of persons afterall, as stated by the late Afro beat, Fela Anikulapo, ‘Uniform na cloth na Tailor dey sow am’.

    “Where the damages to be awarded by the Court cannot be met by the affected officer’s terminal benefits, the maginal difference should be paid by the Police Service Commission for their recruitment of bad element into the Police Force. Domesticate and democratise the Force by removing the phrase “Force”.  It should be Nigeria Police Service,” he said.

     Police must build trust

    Lagos lawyer Emeka Nwadioke said: “It must be said that these acts of arbitrariness run through the entire gamut of security apparatus including the military services. At the Nigerian Bar Association (NBA), Lagos Branch we are currently handling a similar case of wanton and grievous assault on our lawyer-member who was assaulted inside the courtroom by a Police Prosecutor. Not even the intervention of the presiding Magistrate could assuage the rampaging prosecutor. We are committed to petition the Lagos State Commissioner of Police with a view to bringing the culprit to justice.

    “The implication of this high level of rascality is that the IGP’s message of enthroning human rights is not sinking in as fast as it should. It, therefore, behoves on the police authorities to embark on a more aggressive enlightenment campaign on the need for the rank and file to respect human rights. Redeployment of police officers who are facing serious complaints as was the case recently in Delta State is a mere slap on the wrist; it is unacceptable. The police leadership must not give the impression that it lacks the political will to discipline its members by mere administrative gymnastics.”

    Nwadioke said minimum entry for the police should be a university degree, HND or Ordinary National Diploma.

    Member, Ogun State Judiciary Commission, Abayomi Omoyinmi, said: “Stiffer penalties and punishment be melted on the individual found culpable so as to deter other from such lunatic behaviour.

    “Apart from such person or persons facing disciplinary charges within their establishment in the force, they should also be charged to court for the crime they have committed under the criminal law. The victim should bring up a civil suit against the culprit where it is possible and can be afforded. These overwhelming court actions and punishments that may arise as consequences may prevent the abuse,” he said.

  • Ogun communities in court over land

    The Akasun Community in Ogun State has asked an Ota High Court to award them N20million damages over the alleged destructions of their property following a land dispute.

    The dispute is over a land measuring 1175.445 hectares at Ere Ward, Ado-Odo/Ota Local Government area.

    It is said to have led to the destruction of over 250 houses worth N15million; carting away of 250 cows, 400 goats, 700 pigs, 800 ducks and other domestic animals.

    The claimants also alleged that their food and cash crops such as yam, cassava, maize, palm kernel, plantain, banana, paw-paw worth about N500 million were either destroyed or harvested, eaten and/or taken away by the defendants during an occupation of the land.

    In the suit before Justice Solanke, the claimants are also demanding N17million being the estimated value of properties seized, destroyed and or damaged following the defendants’ alleged invasion.

    Through their lawyer Nojim Tairu, the claimants are praying the court to hold that a judgment in a case numbered HCT/8A/2001 relating to Aakasun Ilase Village, which was affirmed by the Court of Appeal, Ibadan and the Supreme Court, does not relate to them, nor were they parties to the suit as to be bound by the verdicts.

    The claimants want the court to hold that their community’s invasion, seizure/destruction of their properties between August 18, 2010 and May 11, 2011 pursuant to defendant’s purported execution of judgments in MT/25/2011, HCT/8A/2001, CA/1/219/2002 and SC/129/2005 through a warrant of possession dated July 12, 2011, is unlawful, null and void.

    The first to sixth defendants, who represent the Asade Family (also known as Oniboto Family of Ado-Odo), through their lawyer, Ayodele A. Omoniyi, said the claimants have no common root of title with distinct holdings, adding there is nothing known as Akasun community land.

    “The claimants are tenants on the land at Akasun and derived title from the different individuals they have individually mentioned in individual affidavits sworn to on 20th January, 2012, upon which reliance is hereby placed,” the defendants said.

    The court, on April 11, renewed its order made on November 5, 2013, that parties maintain status quo pending the suit’s determination.

    The case has been adjourned till June 9.

     

  • Lagos at 50: legality of Soyinka’s appointment

    Being a speech by Femi Falana (SAN) at the presentation of Kayode Fabunmi’s book: The Story of a giant in Lagos on April 12.

    I wish to join others in congratuating Mr. Kayode Fabunmi for his timely book on The Story of A Giant. Since the book has rightly touched on the migration caused by the slave trade and colonialism it is pertinent to join issues with a segment of the political elite which has decided to follow the shaky footsteps of Mr. Donald Trump by attempting to constrict the democratic space in our country. I crave the indulgence of the audience to contribute to the  diversionary debate over the constitution of a committee set up by the Lagos state government to supervise the activities lined up to mark the 50th anniversary of the creation of Lagos state.

    It is common knowledge that Prof Wole Soyinka’s parents were from Ogun state. His father hailed from Isara, an Ijebu community while his mother was an Egba woman. Even though ours is a patriarchal society, the Nobel Laureate has always described himself as “Ijegba”, a word coined by him from his Ijebu and Egba roots. However, the Ijegba man has lived in Lagos and made it a home like many Nigerians and foreigners alike. As a young lecturer he taught briefly at the University of Lagos. On account of his involvement in the struggle for social justice he has read poems and delivered speeches in Lagos to arouse the Nigerian people to fight tyranny and oppression. He has also held press conferences and led protests on the streets of Lagos against the dictatorial tendencies and excesses of the civilian and military wings of the bourgeois ruling class.

    To stop the carnage on our poorly maintained roads he inspired a group of road safety corps of volunteers to manage a chaotic traffic situation in the country in the 70s. The Federal Government bought the concept and set up the Federal Road Safety Commission. In adopting the programme the Bola Tinubu administration established the Lagos State Transport Management Agency (LASTMA). But for the strident opposition of a group of artists led by Prof Soyinka against the planned privatisation of the National Theatre at Orile Iganmu in Lagos the edifice would have been sold to a business tycoon who might have converted the historical monument to a shopping mall.

    Several years ago, the Lagos State government had rightly acquired the site of the colonial prison along Broad Street in Lagos for a public purpose. As the government was thinking of what to do with the site it was Professor Soyinka who convinced the Babatunde Fashola administration to turn it into a centre for the promotion of arts and culture. The beautiful arts theatre erected by the state at the site is now known as the Freedom Park. The theatre which is patronised by local and foreign artists has become a popular entertainment centre in Lagos state. In spite of his very busy schedules Prof Soyinka superintends the management of the theatre. Characteristically, he has added value to the Freedom Park and enhanced its image.

    Having regard to his enormous contributions to the development of Lagos, Prof Soyinka’s appointment as a co-chair of the 50th anniversary committee of the creation of the state by Governor Akin Ambode was hailed in many circles. However, it has not gone down well with the members of the “Eko Foundation” who have said that the temporary appointment ought to have been allocated to an indigene of Lagos state. Incidentally, the press release issued by the group was jointly signed by two senior lawyers – Prof Wole Smith (SAN) and Kunle Uthman. While appreciating the primordial sentiments expressed by the group in the context of the country’s politics of exclusion it is pertinent to examine the legal validity of the appointment.

    Since the people of Nigeria are entitled to residency rights the discriminatory treatment meted out to non-indigenes and settlers in many parts of the country cannot be justified in law. In Lafia Local Government v. the Executive Governor, Nasarawa State & Ors (2012) 17 NWLR (PT 1328) 94, the Supreme Court struck down a policy of the Nasarawa State government which required all local government staff to serve in their local governments of origin. In the leading judgment, Rhodes Vivour J.S.C. said that the policy was “discriminatory and unconstitutional and clearly offends the provisions of section 41 (1) which guarantees freedom of movement and section 42 (1) which guarantees the freedom from discrimination. It is contrary to the spirit and intendment of relevant sections of the Constitution”.  In his contribution to the judgment Fabiyi JSC also stated that “the policy infringed and/or eroded the constitutional rights of the 3rd-36th respondents relating to discrimination, ethnicity and place of origin syndrome. That should not be the position in a democratic setting guided by fundamental human rights as duly imbued by the Omnipotent”.

    By the combined effect of sections 14 and 15 of the Constitution the Nigerian State is required to promote national integration and protect the residency rights of citizen while the government or agency of a state government shall be constituted in such manner as to promote a sense of belonging and the diversity of the people. Although section 147 of the Constitution provides that every state in the federation shall be represented in the federal cabinet by any indigene, there is no such requirement at the state level. In other words, it is not stated in the Constitution is that members of the executive, judicial and legislative arms of a state government shall be constituted by indigenes alone. Therefore, the appointment of Prof Soyinka by Governor Ambode has not violated any law.

    About three years ago, former Governor Fashola said that Mr. Segun Aganga was not competent to represent Lagos in the Jonathan cabinet on the ground that his parents hailed from Edo State. In challenging Mr. Fashola’s position I did state that Mr. Aganga is a Lagosian since he was born and bred in Lagos and has been accepted as an indigene by one of the local governments in the state. My position was anchored on the Federal Character Commission Act which has defined an indigene of a local government is a “person either of whose parents was or any of his grandparents was or is an indigene of the local government concerned or accepted as an indigene by the local government, provided that no person shall lay claim to more than one local government”.

    In Director-General, State Security Service v. Olisa Agbakoba 1999) 3 NWLR (PT 595) 314, the Supreme Court upheld the right of Nigerian citizens to reside in any part of the country when it held that “It is not in dispute that the Constitution gives the Nigerian citizen the right to move freely throughout Nigeria and to reside in any part thereof.”

    In view of the clear provisions of Section 42 of the 1999 Constitution it is undoubtedly clear that discrimination meted out to a Nigerian citizen on the basis of ethnicity or place of origin is unconstitutional. In order to end the dichotomy of indigenes and settlers in the country, not a few people have suggested that the rights of an indigene be conferred on any settler who has resided in any community in Nigeria for a period of not less than 10 years. The suggestion flies in the face of sections 41, 42 and 43 of the Constitution which have guaranteed the fundamental rights of every Nigerian citizen to move freely throughout Nigeria, reside, own and acquire property in any part thereof and not to be subjected to disabilities or restrictions on account of their ethnic group or place of origin.

    By way of digression, permit me to recall an interesting experience. I was in Nairobi, Kenya to attend an international human rights conference in 2008 when Mr. Barrack Obama had just been elected as the President of the United States of America. Since his father was a Kenyan, Obama’s election was celebrated all over the country. Even the then Kibaki regime which had annulled the result of the presidential election in the country declared a national holiday to celebrate Obama’s election. In the course of reviewing the American election I was compelled to ask some of my Kenyan friends if Barrack Obama could have won a presidential election if he had contested in Kenya. All the friends were unanimous in saying that it would have been impossible since his father was of the Luo tribe, a minority ethnic group in Kenya.

    Regrettably, the political class in each of the African countries has failed to draw any lesson from Obama’s election. Hence, African politicians have continued to campaign and woo voters on the basis of ethnicity and religion to the detriment of development. As a centre of excellence Lagos cannot continue to live in the past.  Because of its cosmopolitan nature Lagos cannot afford to play the politics of exclusion. To that extent, the appointment of Professor Wole Soyinka as a co-chair of the 50th anniversary committee cannot be said to be anomalous in any material particular.

  • ‘Special anti-graft courts ’ll be financial burden’

    Head of Department, Jurisprudence and International Law, University of Lagos (UNILAG), Dr. Adedayo Ayoade, has opposed the creation of special courts to try corruption cases. Such courts, he argued, could result in financial and bureaucratic burden for the government.

    The Administration of Criminal Justice Act (ACJA), he observed, has adequate provisions to curb delay tactics employed by politically exposed persons facing corruption charges.

    Ayoade spoke while weighing in on a debate generated by a Senior Advocate of Nigeria (SAN), Mr. Femi Falana, on whether cases of looting could be better tried in special anti-corruption courts.

    At a round table on corruption recently organised by UNILAG’s Department of Jurisprudence and International Law, titled: Winning the war against corruption, Falana made a case for dedicated courts and judges to handle corruption cases against politically exposed persons.

    The round table, chaired by the Presidential Advisory Committee against Corruption Chairman, Prof. Itse Sagay (SAN), had a former Minister of Education, Dr. Oby Ezekwesili, Dr. Femi Aribisala and Dr. Ayo Obe as discussants.

    In his keynote speech, Falana observed that many of the ongoing high profile corruption cases in the country may not be concluded before 2019 when President Muhammadu Buhari would have finished his term and urged the government to consider the creation of special courts.

    In a paper titled: “Rule of Law and Treatment of Politically-exposed corruption cases,” delivered on his behalf by Mr. Wahab Shittu, Falana said if the government did not undertake an urgent reform of the criminal justice system, including creating special courts, its anti-graft war efforts could fail.

    But Ayoade’s sentiments differed. He said: “With respect, Mr. Falana didn’t say anything new; it’s been on the cards for a while. Special courts will be a duplication of bureaucracy in a country where there isn’t enough money for so many important things.

    “Besides, the judges for such courts will also be drawn from the same judiciary that has been accused of being compromised.

    “What Professor Itse Sagay said about using the Administration of Criminal Justice Act (ACJA) in the anti-graft war rather than creating more anti-graft agencies, as advocated by a guest at the round table, Dr. Femi Aribisala, is correct.”

    The don suggested that as long as judges administering the ACJA are properly trained, the act has the potential to speed up justice delivery.

    “The ACJA is a bold move that has put in place guidelines that will help curb delay tactics by politicians. The ACJA makes justice delivery faster, as long as the judges are properly trained,” he said.

    Ayoade, who alongside a colleague Dr. Simeon Igbinedion, recently edited a book on corruption titled: ‘Legal perspectives to corruption, money laundering, and assets recovery in Nigeria”, added that he was shocked at how few proper books were on corruption.

    “I wrote an article for a journal at the Faculty of Law, titled: ‘Legal architecture of corruption in Nigeria’. In the course of my research, I discovered to my surprise that there was no major book on corruption in Nigeria.

    “So, I decided to do something about this and I involved Dr. Simeon Igbinedion to assist in the project,” he said.

  • Bar leaders seek reforms to boost Africa’s economy

    Bar leaders seek reforms to boost Africa’s economy

    Bar leaders have called for fundamental reform of archaic laws in Africa as a way of promoting sustainable economic growth and political stability.

    They met in Lagos last week during the First African Bar Leaders’ Conference organised by the Nigerian Bar Association (NBA) in collaboration with Bar Associations and Law Societies in Africa, with the theme: Reducing poverty and promoting sustainable economic growth in Africa through reforms in administration of justice.

    It was organised by the Nigerian Bar Association (NBA) in collaboration with other Bar Associations and Law Societies in Africa.

    The four-day conference examined the living conditions of Africans, the economic and political challenges facing the continent and  how the existing legal frameworks and regimes have helped the continent to achieve meaningful development.

    The conferees also examined the role of legal institutions in developing the continent, such as the International Criminal Court.

    NBA President, Augustine Alegeh (SAN) said the theme was aimed at identifying key factors necessary to achieving reforms in the justice sector to boost foreign investment and economic development whilst reducing poverty in Africa.

    “As lawyers and stakeholders in the justice sector, we are duty bound to educate and advise our respective governments on the critical role the justice sector plays in sustaining economic growth and development.

    “There is no gainsaying the fact that foreign investors are more inclined to do business in economies with functioning legal systems and low crime rate. The theme of this Conference is most appropriate at this point of our development as a continent,” he said.

    According to Alegeh, there is the need for African countries to embark on massive reforms in the justice sector.

    “Conversely, the failure of governments in Africa to address this issue of judicial reforms at all levels erodes public confidence in the judicial system and encourages the resort to self-help and extra-judicial means of dispute resolution thereby occasioning a state of total chaos and economic regression.

    “The task before Bar Associations and Law Societies in Africa, therefore, is to lead the discourse on judicial reforms and highlight its critical role in fostering economic growth and development,” he said.

    Chief Prosecutor of the International Criminal Court, Hague, Mrs. Fatou Bensouda, was the Keynote Speaker.

    Alegeh added: “As Africans, there is a dire need for us to work harmoniously develop our continent and foster economic ties across borders irrespective of cultural diversity and religious affiliation.”

    Chairman of the organising committee, former Ekiti Satte Commissioner for Justice and Attorney-General, Mr. Olawale Fapohunda, said the conference was designed to facilitate a process that leads to a  better understanding of challenges facing Africa.

    High Commissioner, Rwanda High Commission to Nigeria,  Ambassador Stantilas Kamanzi, said the problem of genocide which his country faced lingered for many years.

    “It was a terrible nightmare and an emotional crisis for the country of Rwanda. However, solutions were proffered, one of which was the introduction of the Traditional Community Court System.

    “The effect of the Rwanda experience is that perpetrators must be held to account and brought to book, and justice in the long run cannot be denied,” he said.

    Alegeh and a Bar leader, Mr. Dauda  Soumana led discussion on the situation of the administration of justice in Africa.

    It was noted that one of the major problems in Africa’s judicial system is the lack of independence.

    Corruption  was also identied as a serious menace in Africa, which some lawyers said to contributed to the problem.

    “The slowness of the justice system cannot be overemphasised. The judiciary is slow in its delivery of justice and many judges do not respect the timeline for delivery of judgments and trial completion and this affects the credibility of the judiciary,” a speaker said.

    Chairperson of the International  Federation of Female Lawyers ( FIDA)  in Cameroon, Mbuyah Friepse Luku Gladys said a special court for corrup-tion was created in Cameroon  to deal with embezzlement and money laundering, resulting in several top officials landing in jail.

    She said: “In an attempt to harmonise our laws, a new Criminal [Procedure Code (CPC)  was introduced, which repealed the old law that made  it more inquisitorial rather than being acquisitorial.

    “The challenges faced in the justice system in Cameroon includes insufficient man power, lack of infrastructure as sometimes a court has to rise for another to come in, customary laws are uncodified and unwritten, which poses the problem of uniformity across board.

    “The existence of a higher judicial council headed by the head of state  weakens  the independence of the judiciary. The  procedure for legal aid is cumbersome, the new CPC provides that proof is by any means, which leads to denial of justice.”

    Presentations were made by  Bar leaders from almost all the African Countries including  the President, Pan African Lawyers Union (PALU) Mr. Elisha Banda; President East African Law Society Mr. Nasso Khamis Mohamed; President, SADC Law Society, Mr. Gilberto Caldeira Correia; Deputy General Secretary, West African Bar Association (WABA), Aboubacar Sidik Camara and the President,  African Bar Association (AFBA), Mr. Hannibal Uwaifo.

  • Legal Aid, groups offer free legal services

    The Legal Aid Council (LAC) has begun a free legal advice scheme as a part of a Justice for All (J4A) justice sector reform programme.

    Sponsored by the United Kingdom (UK) Department for International Development (DFID), it focuses on building the capacity, accountability and responsiveness of key policing and anti-corruption institutions.

    Under its Safety and Security component, a legal advice scheme was introduced to improve public confidence and transparency in the treatment of suspects in police detention.

    The scheme seeks to protect rights of persons in police custody, and has taken off in 10 police stations, namely:  Lion Building (Area A), Mushin (Area D), Ikeja (Area F), Pen Cinema (Area G), Bariga (Area H), Ajiwe-Ajah (Area J), Ishashi (Area K), Idimu (Area M), Ikorodu (Area N) and Isokoko.

    A steering group comprising the Women Right Foundation; Legal Defence and Assistance Project; Legal Resources Consortium; Partnership for Justice; Rights Enforcement and Public Law Centre; NBA Alimosho Lawyers Forum; NBA Badagry; LAC and National Human Rights Commission, among others, was set up to drive the scheme.

    At a media forum at LAC’s office in Lagos, a member of the team, Mrs Grace Adenubi, said they visited detention centres to monitor how suspects are treated and to ensure that they are not kept beyond 48 hours without charge.

    Because some suspects are picked up and taken to prison, the team ensures they are allowed access to their relatives and are not tortured. “Our advice to the police is to ensure that the rights of suspects are protected. What the team advocates is what the law advocates.

    “Given the extension of the scheme, we are seeking the involvement and participation of law firms and other lawyers to be a part of this laudable pro-bono scheme,” Adenubi added.

  • CCT Bill: Lawyers slam Senate

    CCT Bill: Lawyers slam Senate

    Some lawyers in Lagos on Friday reacted to the ongoing amendment of the Code of Conduct Tribunal Act by the Senate, describing it as self-serving and unacceptable.

     

    The lawyers, who spoke with the News Agency of Nigeria (NAN), said the amendment was ill-timed and a breach of public trust.

     

    NAN reports that the Senate President, Bukola Saraki, is currently being tried for alleged false declaration of assets by the Code of Conduct Tribunal.

     

    The bill to amend the CCT Act, has within 48 hours, scaled the second reading in the Upper Chamber.

     

    Mr Dotun Adetunji, the Chairman, Nigerian Bar Association, Ikorodu Branch, Lagos State, said the amendment of the CCT Act at this point was a “shameful act.’’

     

    He said any amendment to a law based on vested interest was contrary to the rule of law and the ethics of good governance.

     

    “This action of the Senate while its president is undergoing trial at the CCT is a shameful act.

     

    “It is also a slap on the generality of Nigerians that voted them into office and a breach of the trust expected of them.

     

    “This move by the Senate will not put this nation in good standing in the international community,’’ he told NAN.

     

    According to him, the amendment of the CCT Act by the Senate will not in any way bring Nigeria close to a sane society.

     

    “The rule of law is supposed to create a sane society and that is why its principles aim to ensure that a nation is governed by law and not by men’s self-serving interests.

     

    “The international community and Nigerians in diaspora should raise their voices in addition to all of us within the country to condemn this move by the Senate,’’ the NBA chief added.

     

    Another lawyer, Mr Ataene Spurgeon, said although the National Assembly was empowered by the statute books to make laws for the country, the amendment of the CCT Act might be a “coincidence.’’

     

    “The amendment of the Code of Conduct Tribunal Act is a `coincidence’ with the trial of the Senate President, Bukola Saraki.’’

     

    “If the laws establishing the Code of Conduct bureau and the Code of Conduct Tribunal are faulty, it becomes necessary for the sake of the good governance to amend the same.

     

    “If three judges ought to sit on a particular tribunal and there are only two judges presently sitting, then there is a gap in the law which needs to be addressed for the future, ’’ he also told NAN.

     

    For Mr Ola Ogunbiyi, the amendment should not affect the trial of the senate president.

     

    “The trial can only be affected if the trial is stalled till after the amendment.

     

    “The Senate can at any point amend the law, that it is being amended at this point in time is not an issue.

     

    “The law begins to take its course the day it is signed into law; it is not going to be retrospective.

     

    “Now it is not a law, it is still under amendment before the Senate and it will not affect his trial.’’

     

    An Abeokuta-based legal practitioner, Mr Emmanuel Olu-Alade, said there was no law forbidding amendment of an Act because someone was on trial.

     

    “The question is, ‎what are the paragraphs that are currently being amended and what would be the effect of the amended paragraphs considering the ongoing trial of Bukola Saraki.

     

    In his contributions, Mr Wale Ogunade, a lawyer and public affairs analyst, said:

    “The Senate is required by law to amend laws.

     

    “However, in the case of the amendment of the CCT Act by the Senate, the question to ask is: does the Senate have an honest intention or an ulterior motive.

     

    “My opinion is that the recent moves by the Senate to amend the CCT Act were designed to frustrate the trial of Saraki.

     

    “It is designed to water down the Act making it worthless, useless and of no effect whatsoever.”

  • ‘Judiciary is a critical partner in anti-corruption war’

    ‘Judiciary is a critical partner in anti-corruption war’

    Mrs Boma Ozobia is a former Commonwealth Lawyers Association (CLA)  president. In this interview with JOHN AUSTIN UNACHUKWU,  she speaks on the judiciary’s role in the anti-corruption war.

    The judiciary appears to be in the spotlight with the current war against corruption. Do you believe that it is playing its role creditably? 

    Indeed the judiciary is a critical component in the war against corruption. It is, however, only a part of the collage and if the other parts are dysfunctional we will end up with a jumbled picture rather than the perfect outcome we all desire.

    We tend to equate the judiciary, which is a collective name for judges, with the administration of justice.  We forget that there is a whole support system that has to be properly functional in order for the judges to perform at optimum as well. The judge has to have a court that works! Communication, data entry and storage, reliable research support, and all of those things we require as practitioners and more. Where judgments have been delivered and litigants are waiting for weeks for these to be typed up, or a judge is constrained to carry files home because the registry may misplace the file due to the inefficiency of the system, then clearly the justice administration system is not only failing the Nigerian masses, it is failing the judiciary.

    Is the judiciary not in charge of the justice administration system?

    It would appear on the face of it that the judiciary is in charge of the justice system, but the reality as expressed in the old adage, ‘he who pays the piper, dictates the tune’, is that the executive and to an extent the NASS control the purse strings and therefore, have a crucial role to play in determining how efficiently our justice administration system works. The 2016 budget is not at all encouraging in that respect as the provision for justice administration is woefully inadequate. In order to ensure that the courts are equipped to play their role as a crucial part of the war against corruption, they must be properly funded by way of a supplementary budget this year, not 2017.

    Are you concerned by increasing number of petitions against judges?

     Well, on this issue, I think we all should be guided by the statistics. Justice Aloma Mukhtar you will recall said that upon her assumption of office as Chair of the NJC, the panel inherited 139 petitions of which 106 were, to quote her, “vexatious and baseless”. This description of vexatious and baseless applied to more than three quarters of all the petitions against judges that was inherited by the former CJN and the Commission at the time, for goodness sake! She went on to say that after assumption of office they, received 198 petitions, 150 of which were found to be frivolous. Again, approximately three quarters. That is an inordinately high number and seems to imply, at least in my considered opinion, that the problem is not with the judges per se, but with the petitioners who are invariably litigants before these judges. And perhaps with those who represent them. It is either these litigants have not been properly guided or have not had the benefit of professional assistance at all.

    What is the way out?

    More recently, we are witnessing the debilitating effects of these frequent, mostly unfounded but nonetheless damaging petitions on our justice system. When a judge feels obliged to recuse himself due to an allegation of bribery on online ‘news’ websites and other questionable publications, then the pendulum is clearly not balanced and steps need to be taken to balance the equation.  Another example is the recent furore about a judge and a litigant belonging to the same class of the Nigeria law school. Incidentally, this happens to be my class and I can tell you that I did not know the judge in the law school, nor the petitioner, nor any of the other class members who have commented on this thus far. If a judge is to recuse himself for attending law school at the same time as a litigant before him, it stands to reason that he must also recuse himself if a class mate appears before him as an advocate. Where will it end?

    We seem to have a penchant for setting up various Judicial Commissions and Panels of Enquiry, how useful are they?

     Such commission or panel has to have the confidence of all the parties in order for it to perform its assignment successfully. Take the recent incident in Kaduna State between the Army and members of the Shiite sect. The lawyers to the Sect recently announced that they would not appear before the commission. The incidents arising out of the recent Rivers State re-run election has also resulted in the state government setting up a Commission. The question that arises, to my mind every time a commission is set, is how inclusive is the process. Did government consult all stakeholders in relation to the composition of the panel, terms of reference and modus operandi prior to setting up the commission or did it proceed unilaterally and then invite stakeholders as has been the case more often than not. Furthermore, do we set up these panels and commissions as a means to an end rather than an end in itself?

    Lawyers have been accused as being  part of the problems; do you believe that they are part of the solutions?

     Our professional ethics requires us to be a part of the solution. We are officers of the court as well as advocates and advisers to parties before the court and our clients in none litigious transactions. Every Nigerian is entitled to a lawyer if charged before a court, no matter how heinous the crime or how large the sum alleged to have been stolen. Hence, all of those currently charged with corruptly enriching themselves or others with our commonwealth are entitled to their day in court and their choice of lawyer or lawyers. However, we must not assist litigants who may be inclined to do so, to pervert the course of justice by our superior knowledge of the justice administration system and the inherent weaknesses of the system.