The Nation Newspaper

Category: Law

  • Court orders issuance of hearing notice on firm

    Justice Muhammed Liman of the Federal High Court in Port Harcourt has ordered that hearing notice  be served on  Conoco Philips Petroleum Nigeria Limited (the third defendant) in a case between Arco Group Plc and Nigerian Agip Oil Company (NAOC).

    The court fixed June 14 for hearing of pending applications.

    Arco Group, an indigenous oil service company, is praying the court to determine “whether under the Nigeria Content Act, Agip was under obligation to award maintenance contract of OB/OB, Ebocha and Kwale gas plants to it or not”.

    Nigeria National Petroleum Corporation (NNPC), Conoco Philips, and the National Petroleum Investment Management Services (NAPIMS) are the the defendants.

    Arco Group is claiming that NOAC’s alleged refusal to comply with the provisions of Section 3 Sub Section 2 and 3 of the Nigeria Oil and Gas Industry Content Development (NOGICD) Act 2010 was illegal.

    It argued that the law encourages the involvement of more indigenous participation in oil and gas operations.

    The company further submitted that having successfully maintained the OB/OB, Ebocha and Kwale gas facilities for many years, it had the prescribed equipment, machines and skilled manpower to execute the contract.

    Parties agreed to take arguments on originating summons, contempt and preliminary proceedings the same day in order to save time.

    The plaintiff’s lawyer, Akpomudje Albert (SAN) said his client had commenced contempt proceedings against the Agip for allegedly disobeyed two orders of the court.

    He argued that the court should first dispose of the contempt proceedings before entertaining any other matter relating to the suit.

    “There was an order  to maintain the status quo. We have complained to the court that the  orders were being flouted. We have commenced contempt proceedings. We are talking of two orders of courts. There are no appeal against them by the defendants.

    “Our submission, therefore, is that His lordship should take the contempt proceedings first before we go to the other issues,” he said.

    NAOC’s lawyer, Mr Joseph Okpoko (SAN) said since the case came to the court by way of originating summons, the court had no jurisdiction over the case.  He said both parties later filed written addresses.

    He further queried the form of status quo the court ordered parties should maintain.

    “But what is this status quo in this case. The claim before the court is the one we say that the  court does not have jurisdiction to entertain the matter,“, he said.

    But Justice Liman advised parties to put their house in order.

  • Is N50 stamp duty legal?

    Emokiniovo Dafe-Akpedeye, who holds a First Class Degree in Economics and Management and a Law Degree from the University of Oxford, and Joseph Onele, also a First Class holder in Law from the University of Ibadan, argue that electronic cash transfers ought not be liable to stamp duty.

    ‘It is not wisdom but authority that makes a law.’

    Introduction

    It is no news that the Central Bank of Nigeria (CBN), on 15 January 2016, issued a circular titled “Collection and Remittance of Statutory Charges on Receipts to Nigeria Postal Service under the Stamp Duties Act,” addressed to all deposit banks (DMBs) and Financial Institutions, enjoining them to support the Federal Government’s revenue generation drive, through compliance with the provisions of the Stamp Duties Act (2016Circular).

    As garnered from the 2016Circular, it is the CBN casethat the Federal Government of Nigeria (FGN) is exploring revenue opportunities in the non-oil sectors, especially taxes and rates, as part of its efforts to boost its revenue base. It is against this background that the CBN enjoined banks and other financial institutions to support the Government’s revenue generation drive through compliance with the provisions of the Stamp Duties Act Cap. S8, Laws of the Federation of Nigeria (LFN) 2004 (SDA) and as reinforced in Suit No FHC/L/CS/ 1710/2013 – Kasmal International Services Limited v Central Bank of Nigeria (Kasmal Case).

    In a bid to providing the legalbasis for the 2016Circular, the CBN, purportedly acting pursuant its powers under its enabling laws,requested that all Deposit Banks (DMBs) and other financial institutions mustensure theychargeN50 per eligibletransaction, in accordance with the provisions of the SDA and the Federal Government Financial Regulations 2009 (the Regulations). As gleaned from the 2016Circular, the instruction to charge N50 per eligible transaction includes all receipts given by any bank or other financial institution in acknowledgment of services rendered in respect of electronic transfer and teller deposits from N1,000 and above.

    At this point, it is apt to mention that only the following receipts are exempted from imposition of Stamp Duties, to wit: (x) payments deposits or transfer by self to self whether inter or intra bank; and (y) any form of withdrawals/transfers from saving accounts. Worth noting is that these stamp duties are only payable by receiving accounts.

    Whilst the authors are not in doubt as to the falling price of crude oil, which is ultimately telling on the economic situation in the country, the authors are concerned with the propriety of the 2016 Circular in the light of existing legal framework. Put differently, this article seeks to test the CBN Circular against the extant laws and determine whether the Circular can indeed be situated within the purview of the relevant legal framework and the case it seeks to rely on.

    For a better appreciation of the points made in this article, the article is bifurcated into three sections, to wit: the first section considers whether the 2016Circular can be situated within any of provisions of the SDA and the Regulations; the second section examines the propriety of the Federal High Court case vis-à-vis its interpretation of the CBN Act and Banks and Other Financial Institutions (BOFIA); and the third section contains the authors’ recommendation and conclusion.

     

    Legal framework

    The Stamp Duties Act

    It is an established principle of law that the starting and paramount point in deciphering the legality of any subsidiary legislation, be it disguised either as a guideline or a circular, is the principal statute governing that particular area. It equally follows that a subsidiary legislation cannot expand the provisions of the substantive statute and must be within the authority derived in the main enabling statute. Prior to the 2016 Circular, the CBN had issued a similar Circular in 2009 (2009 Circular)  relying on the Stamp Duties Act (SDA), specifically section 89(2) of the SDA.  However, the whole section and statute must be read together in order to elicit a fuller understanding of the law.It is a settled principle of interpretation that a provision of a statute should not be interpreted in isolation but rather in the context of the statute as a whole. Therefore, in construing the provisions of a Section of a statute, the whole of the statute must be read in order to determine the meaning and effect of the words being interpreted. See Buhari & Anor v. Obasanjo & Ors. (2005) 13 NWLR (Pt.941) 1 (219).

    For the avoidance of doubt, Section 89(1) of the SDAprovides that “The expression “receipt” includes any note, memorandum, or writing whereby any money amounting to four naira or upwards, or any bill of exchange or promissory note for the money amounting to four naira or upwards, is acknowledged or expressed to have been received or deposited or paid, or whereby any debt or demand, or any part of a debt or demand, of the amount of four naira and upwards, is acknowledged to have been settled, satisfied, or discharged, or which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person.” Whilst the authors are not oblivious of the use of the word “includes,” it is quite apt to mention that word “includes,” when used in a statute or written enactment, can only enlarge the scope of the subject matter it qualifies or tends to qualify, only to an extent permitted by law. See Ports and Cargo Handlings Services Company Ltd & Ors. v. Migfo Nigeria Ltd & Anor (2012) LPELR-9725(SC).

    In the same vein, it is also useful to consider the provision ofSection 89(2) SDA, which was principally relied on in the 2009 Circular issued by the CBN (to be discussed shortly). Essentially, Section 89(2) SDA provides inter alia that “theduty upon a receipt may be denoted by an adhesive stamp…”

    Having reproduced the relevant provision of the SDA relied on by the CBN in issuing the CBN Circulars; it becomes apposite to test the Circulars against settled principles of law. As a preliminary point, the authors are of the considered view that the interpretation rule of expressiouniusest exclusioalteriusis very applicable to the instant case. For one, it is trite law and unassailable legal principle that the express and unambiguous mention of one thing in a statutory provision, automatically excludes any other which otherwise would have applied by implication, with regard to the same subject matter.See Nawa v. Att., Gen. Cross Rivers State (2008) ALL FWLR (Pt. 401) 807 at 843, paras. F – H (CA).

    Furthermore, whilst it is possible for some to argue that a modern understanding of “receipts” should include electronic transfer, it is respectfully submitted that the definition of “receipt” in relation to stamp duties must be limited to the meaning gleaned from the SDA and the general tenor of the Act.Our submission is bolstered by the settled principle of law that where the language of a statute is clear and explicit, it ought to be given its plain and simple meaning as the said words speak for themselves, particularly as they clearly demonstrate the intention of the legislature.In addition, the authors are further fortified in the position stated in the preceding paragraph, upon a holistic read of the SDA.Notably, Part 1 of the SDA specifically relates to liability for payment of stamp duty oninstrument. Section 2 of the SDA defines “instrument” as “every written document”. Additionally, section 14(2) of the SDA which was relied upon by the CBN in its 2009 Circular provides that “an instrument falling under the particular description is so appropriated as aforesaid shall not be deemed duly stamped, unless it is stamped with the stamp so appropriated”.

     

    • To be continued next week

  • How to sanitise justice system, by lawyers

    How to sanitise justice system, by lawyers

    It is meant to curb delays, but the Administration of Criminal Justice Act (ACJA) 2015 appears, so far, ineffective. By employing the age-old tactic of interlocutory appeals, defendants still succeed in compelling courts to stay proceedings. In this report by ERIC IKHILAE, lawyers suggest ways to sanitise the process. 

    On March 18, the Supreme Court ordered former Abia State governor Orji Uzoh Kalu and the ex-Director of Finance in the State House, Udeh Jones Udeogu, to submit themselves for trial in relation to the N5.6 billion fraud charge brought against them in 2007 by the Economic and Financial Crimes Commission (EFCC).

    Kalu, his company, Slok Nigeria Limited, and Udeogu were arraigned before the Federal High Court, Abuja on July 27, 2007. They were able to stall proceedings in the case by exploiting the interlocutory appeal in the criminal justice system.

    In January, 2007, the EFCC issued a report on the management of Rivers State’s funds while Peter Odili was governor. The report alleged that Odili and other state officials diverted over N100 billion.

    Before the anti-graft agency could proceed against Odili and others in court, the state’s Attorney-General challenged the commission’s power to probe the state’s affairs. The trial judge in the case, Justice Ibrahim Buba of the Federal High Court, consequently, issued an order of perpetual injunction, restraining the EFCC from, among others, prosecuting Odili and others named in the report.

    Today, according to the Acting Chairman of the EFCC, Ibrahim Magu, the injunction is still being kept alive by the alleged refusal of the Court of Appeal to list for hearing, the appeal his agency lodged against Justice Buba’s injunction.

    The Kalu and Odili cases are classic examples of how the criminal justice system can be legally subdued to frustrate trial.

    However, efforts by stakeholders  to eliminate the menace of unending delay in cases informed the enactment of the Administration of Criminal Justice Act (ACJA) 2015.

    The ACJA seeks to regulate criminal proceedings in courts. It is expected that states will enact similar laws.

    Prior to the ACJA, heads of the Supreme Court, the Court of Appeal and Federal High Court had issued practice directions aimed at fast-tracking trials and appeals on criminal cases.

    For instance, Order 7 Rule 1 of the Supreme Court (Criminal Appeals) Practice Directions 2013 states: “In the determination of appeals arising from interlocutory decisions in the Court of Appeal in all criminal appeals, relating to the offences of terrorism, rape, kidnapping, corruption, money laundering and human trafficking, the court shall give priority to those matters and, where possible, hear such matters on a day-to-day basis until final determination.”

    Order 7 Rule 2 allows the court to refuse to hear appeals arising from interlocutory decisions or criminal appeals relating to the offences of terrorism, rape, kidnapping, corruption, money laundering and human trafficking, where the court is of the opinion that the issues raised in such appeals could be conveniently dealt with in appeals arising from the judgment on the substantive matter.

    However, the makers of ACJA, in improving on the provisions in the various courts’ Practice Directions (on criminal cases), made salient provisions in Sections 306 and 396, which many, including the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) and Professor Yemi Akinseye-George of the Centre for Socio-Legal  Studies (CSLS), have hailed.

    Section 306 of ACJA states: “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”

    Section 396(2) states: “After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment, provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”

    Malami, at a workshop on ACJA, said the Act in general and Sections 306 and 396, have “succeeded in challenging certain stereotypes about the criminal prosecution regime in Nigeria; and, in the process, introduced innovations, which are not only modernistic and forward-looking, but are designed to make our criminal justice system more humane, efficient and transparent.”

    Akinseye-George, also at the workshop on ACJA in Abuja, addressed the apprehension expressed by some legal practitioners on the provisions of Section 306 and 396 of ACJA in relation to the right of appeal and the right to raise objection on jurisdiction.

    He argued that the provisions do not hamper the right of appeal guaranteed under the Constitution, but only allows appeals upon the delivery of judgment, by which time, the substantive issues would have been determined and proceedings concluded.

    Akinseye-George noted that similar provisions exist under Order 8 Rule 4 of the Fundamental Rights Enforcement Procedure Rules where objections are to be taken with the substantive application.

    “The same benefit should not be denied the state in criminal trial cases by allowing objections by defendants to stall trials indefinitely.

    “It is akin to robbing Peter to pay Paul when defendants, who insist on staying their trials on the basis of interlocutory objections, happily enjoy the ban on separate hearing of interlocutory objections by the state in human rights cases,” he said.

    Despite the provisions, instances still exist where judges create room for interlocutory appeals by making interlocutory pronouncements.

    One of such cases is during the trial of Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT) on false assets declaration.

    Despite the clear provisions of Sections 306 and 396(2) of the ACJ, CCT Chairman, Danladi Umar has given two rulings, on which basis Saraki had appealed. The first was in September last year, when Saraki challenged among others, the composition of the tribunal and the competence of the charge.

    Saraki’s appeal against the September ruling by Umar stayed proceedings in the case until February 5, this year, when the Supreme Court dismissed the appeal for lacking in merit and ordered the Senate President to submit himself for trial.

    Although the Supreme Court, in its February 5 judgment, held that the ACJA was applicable to the CCT, Umar, again, on March 24 this year made another interlocutory ruling on Saraki’s motion, challenging the CCT’s jurisdiction.

    Saraki has again appealed this ruling and has requested the Court of Appeal to order stay of proceedings at the CCT pending the determination of his appeal.

    Perhaps, such delays was why President Mohammadu Buhari described the Judiciary as a threat to his administration’s anti-corruption efforts.

    Observers are, however, of the view that the President ought to exploit the existing inter-governmental relationship to ensure that the judiciary buys into his dream of ensuring an ideal system, which routinely provides adequate access to justice, ensures timely and impartial delivery of justice and  upholds the rule of law.

    They identified core features of such an ideal judicial system to include transparency, accountability, independence, integrity and efficiency.

    Experts are of the view that notwithstanding the President’s apprehension a lot has been achieved since the introduction of the ACJA.

    They argued that but for the ACJA, most of the cases commenced under this administration, including the trial of former Chief of Defence Staff, Alex Badeh, former Defence Minister, Haliru Bello and his son, Abbah, and the case involving the spokesperson of the Peoples Democratic Party (PDP), Olisa Metuh, would have been stalled at the preliminary stage like the Kalu and Odili cases.

    Observers, however, noted that, despite the pledge by the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, to entrench discipline on the Bench and penalise indolence and unethical conduct, he has remained soft on judicial officers, against whom cases of misconduct have been established.

    They cited the case of Justice Rita Ofili-Ajumogobia ( of the Federal High Court, Lagos) who was only given a slap on the wrist when a case of misconduct was established against her by the National Judicial Council (NJC).

    The NJC, in a statement by its Acting Driector, Information, Soji Oye, on March 2, this year, said if found Justice Ofili-Ajumogobia guilty of misconduct, and warned her (the judge) and placed her on its “watch list” for the next four years.

    It said she will not be considered for elevation or included in any ad-hoc judicial appointment till her retirement from the Bench. The penalties are to take immediate effect.

    The NJC’s decision, taken at its meeting on February 24 and 25, was informed by its findings that the judge was found to have been involved in misconduct and act of injustice by failing to deliver judgement in a pre-election case and delaying her decision until the expiration of the tenure of the person whose qualification for election was being challenged.

    It said: “The Hon. Judge will also not be considered for any elevation to the Court of Appeal or any ad-hoc judicial appointment till her retirement from the Bench.

    “The decision was sequel to the petition written against her by one Victoria Ayeni, alleging misconduct and injustice on the part of Hon. Justice Ofili-Ajumogobia for failing to deliver judgment in Suit No FHC/AB/CS/31/2011, a pre-election matter between Victoria A. A. Ayeni and Olusola Sonuga and 2 Ors.

    “She was also alleged to have adjourned the pre-election matter severally until the termination of the life span of the Ogun State House of Assembly.

    The decision of the Council on Hon. Justice Ofili-Ajumogobia is with immediate effect.”

    Many have argued that the NJC’s decision on the Justice Ofili-Ajumogobia case, which has been the only judge sanctioned since Justice Mohammed became the CJN over a year ago, was like leaving a wounded snake on the Bench.

    They argued that rather than deter her, the penalty has the potential of propelling her into engaging in more heinous misconduct, knowing that she has nothing else to lose.

    Observers are, however of the view that an effective review of the Judiciary must be holistic and must include all stakeholders, but with the Judiciary providing the lead. They advised that such review measures should also aim at fast tracking proceedings in civil cases too.

    Lawyers including Femi Falana (SAN), Prof Akinseye-George, Joseph Otteh and Dr. Abdulazeez Abubakar are of the view that an effective reform process in the Judiciary should be strategic and long lasting.

    Falana, in a recent presentation, argued that in reforming the judiciary, effort must be directed at reviewing the process of appointing judicial officers.

    “Efforts should therefore be intensified by the National Judicial Council to review the procedure for recommending candidates for appointment to the higher bench, the removal of corrupt judges from the bench and the amendments of the rules of practice and procedure of the high courts and the appellate courts.

    “In the past, the country benefited immensely from the appointment of distinguished  legal practitioners and law teachers as justices of the appellate courts.

    “Even some Chief Judges were elevated to the Supreme Court Bench without going through the Court of Appeal. Such jurists added value to the quality of the decisions of the courts and enhanced the integrity of the judiciary.

    “But without any justifiable basis the NJC has turned such appointment into a promotion exercise among serving judges. The on-going judicial reform should return the judiciary to the glorious past when judges were selected among the best in the legal profession,” Falana said.

    Akinseye-George suggested, among others, a measure where the Constitution is amended to ensure that all interlocutory appeals terminate at the Court of Appeal.

    “Further, it is suggested that the provisions of Section 306 of the ACJA be incorporated by amendment to the Constitution so that the criminal justice sector could be saved from unnecessary delays perpetuated through the abuse of interlocutory appeals.

    “Meanwhile, the courts, and the Supreme Court in particular, should give effect to the intendment of the law makers by interpreting the Act in a manner that would promote speedy determination of cases without undue distraction and delay by interlocutory appeals,” he said.

    Otteh, who noted that past reform measures have not been sustained because they were individual driven, suggested a systematic approach that will be enduring.

    “The foundations on which to anchor our long-term change hopes must be stronger and more enduring; it should go beyond the credentials of a strong individual and should rather seek to build robust systems that emerge from wide stakeholder consensus.

    “This means that while we see the urgency of wide-ranging reforms in the judicial system, we must rethink the approaches we have adopted to meeting the need.

    “What needs to be done, at both federal and state levels, is to set out a strategic multi-year plan for reforms; say a four or five year plan, that has been developed collectively with stakeholders in the “justice” sector and then mobilise efforts to implement the plan.

    “At this time, we have, as it were, not agreed or set out a vision for the Judiciary. It’s nearly a case of every leader has his (or her) own take. That approach is unsystematic and cannot deliver sustainable results over the long term,” Otteh said.

    Abubakar argued that it was not enough for Buhari to complain, but that he should take steps to ensure the judiciary is well funded, and avoid violating the constitutional provision of financial autonomy of the judiciary.

    “Rather than impugning, publicly, the integrity of another arm of government, the President, as the head of the Executive arm, should explore existing internal collaboration mechanisms that exists among the arms of government to facilitate the workings of government.

    “President Buhari, while observing the principle of separation of powers, can bring to the attention of the CJN, areas he feels requires attention,” Abubakar said.

     

  • SAN to lawyers: shield your profession

    A Senior Advocate of Nigeria, Arthur Obi Okafor, has urged lawyers to shield the profession.

    He urged the Nigerian Bar Association (NBA) to do more to enforce standards.

    Okafor spoke in a lecture in honour of NBA President Augustine Alegeh (SAN) as part of the annual law week of the Eket branch.

    He regretted that the judiciary was fast losing respect and called for urgent change of attitude by stakeholders.

    Speaking on the topic: The NBA: the past, the present and the future,” he said the NBA bears an enormous moral burden as the society’s conscience.

    “It is to the lawyer and the priest that the masses most often look up to for solace and succour. The question then that we,  as lawyers, should ask ourselves is: what is the role of the NBA in all of these challenges confronting us as a nation? Put differently, what roles should the association play in this ever-changing political terrain to secure the realisation of most, if not, all of its primary aims and objectives?”

    Okafor said the NBA Constitution mandates the association to maintain and defend the integrity and independence of the Judiciary, promote legal education, and ensure mprovement of the system of administration of justice.

    He took a historical look at NBA’s role in four  eras – 1900-1959, the post-independence era between 1960-66, the military era between 1967-1992 and the present from 1998, noting that every era had its peculiar challenges

    “The current administration which came to power in 2014 consolidated on the gains recorded by the preceding regimes and continued work at the NBA National Headquarters building. The structure has been roofed and plastered. It is believed that it will soon be commissioned in a few months to come.

    “It was the success of the NBA Database exercise that gave impetus to the NBA Stamp policy currently in use. This policy has helped to weed out quacks from the legal profession, thereby not only boosting the image of the profession but also boosting the pockets of lawyers.

    “Because this administration gave the Bar Association what I may call a corporate image, many private establishments now desire to partner with the Association and donate towards NBA’s activities. This is a clear departure from the past when the NBA used to go cap in hand to the Government to beg it to sponsor its activities,” Okafor said.

    The Senior Advocate disagreed with Economic and Financial Crimes Commission (EFCC) chairman Ibrahim Magu who accused lawyers of aiding corruption.

    “What Mr. Magu seems to suggest is that once a person is charged with corruption, that person should not be defended by legal practitioners, much more senior lawyers.

    “That suggestion coming from the Chief Executive of an important agency of Government like the EFCC is, to say the least, very unfortunate.

    “It also runs foul of Section 36 (6) (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which preserves the right of an accused person to be represented by a legal practitioner of his choice.

    “What, in my opinion, should concern Mr. Magu more is the quality of the investigation and the evidence they have against an accused person before arresting him, detaining him and subsequently charging him to court.

    “It is important to emphasise that the EFCC has been enlisting the services of senior lawyers to prosecute their cases. It is surprising that the same  EFCC would frown at senior lawyers defending those accused or charged with corruption.”

    On the alleged corruption in the judiciary, Okafor said merit and competence should be encouraged.

    “As soon as judicial officers know that their continued stay in the Bench will be jeopardised by standing law on its head, they will have a rethink on how they go about their businesses of deciding the fate of litigants before them.

    “It will dawn on them that they will not be further elevated and could even be dismissed for giving judgments which stand against good reason and commonsense, not to talk about the law itself.

    “ I may, however, advise that instead of taking wholesale the Kenyan experience of dismissing a judge on grounds of incompetence, the National Judicial Council should place such a judge on watch list and bar him from being elevated to a higher Bench. Any further travesty should attract dismissal.”

    On NBA’s role, he said: “The NBA should come into the picture and engage the NJC to see to it that it deploys its disciplinary machinery against erring judicial officers.

    “It should also ensure that disciplinary actions against a judicial officer is expedited unlike the situation at present when such matters linger on for years.  If the above measures are adopted, one is hopeful that the image of the Bar and the Bench will be restored to what it used to be in the past when our judges used to serve as Chief Justices of some other African countries and our lawyers were held in esteem all over the Africa.”

  • Orile-Ifo: Ruling House sues kingmakers over stool

    The Shobowale Afijaperi Ruling House and its candidate, Chief Hafeez Dayo Tinuosho,  have sued the council of kingmakers at an Ota High Court, Ogun State.

    Other defendants in the suit are the Ifo Local Government and the Ministry of Local Government and Chieftaincy affairs.

    In the suit before Justice Gboyega Ogunfowora, the claimants, through their lawyer, Akin Akinduro,  are praying for restraining orders against the defendants.

    They are seeking “a declaration that the defendants should be restrained from selecting or nominating candidates to fill the vacant stool of Olorile of Orile-Ifo other than their candidate, Chief Hafeez Dayo Tinuosho”.

    They are also praying the court for an order of “interlocutary injunction restraining the defendants, their agents and privies from from selecting or nominating or appointing or making other candidate to ascend or fill the vacant stool of Olorile of Orile-Ifo other than their candidate, Chief Hafeez Dayo Tinuosho” .

    The claimants, who are alleging that the defendants are trying to unlawfully deny them of their legitimate right, averred that they are the next ruling house to ascend the throne of the Olorile of Orile-Ifo as contained in the chiefs Laws of Ogun State and the official declaration, following the death of the last Baale and the first Oba of the ancient town,  Oba Samuel Oludademu Tinuosho Joshua on June 8, 2014.

    They averred that the Kingmakers in Council wrote the Ifo Local Government for process of selecting a new Oba to fill the vacant stool of Olorile of Orile-Ifo following the death of the Oba Samuel Oludademu Tinuosho Joshua.

    They claimed that due to pressure from the Shobowale Afijaperi Ruling House and the Ministry of Local Government and Chieftaincy Affairs directing the family and the local government to liaise with each other for purpose of selection of a new Oba,  a family meeting of the Ruling House was held November 20, 2014 for the election and nomination of a candidate to the stool as advised by the local government and as contained in Ogun State Chiefs Law Cap. 20 Section 15 and 16.

    They averred that Chief Hafeez Ekundayo Tinuosho was unanimously approved, nominated and selected by the two families of the Aridegbe Shobowale and Osungbolade Shobowale  that constitute the Shobowale Afijaperi Ruling house.#

    They added that the local government was represented by the former Secretary of the council, Hon. (Mrs.) Kikelomo Delano and two other  career officers.

    While council and the Kingmakers have since then declined to commence the installation process as prescribed by the Chiefs Laws of Ogun State, the claimants said they were surprised to see a public notice from the council dated February 23 directing the ruling house to within 14 days summon another meeting for the purpose of selecting a candidate for the vacant stool.

    The claimants said the two families eligible to present candidate for the stool are the Shobowale Afijaperi from Ogboku compound in Ikereku-Ikija of Egba Oke-Ona section of Egbaland and Tinuosho Sogoroye Abiade ruling house from the Sogoade’s compound in Kemta-Kobiti of Egba Alake section of Egbaland as contained in the official declaration.

    The claimants further averred “Oba shall be selected from the two ruling houses by rotation, following all laid down procedures by Egba Traditional Council,  the Ogun State Government, the Chiefs Law of Ogun State or any other appropriate body so assigned by the Paramount Ruler, the Alake of Egbaland.”

    They averred that Shobowale Afijaperi Onifo did not have a male child but two female children namely Aridegbe and Oshungbolade whom Odetunde and Tinuosho married respectively.

    They therefore  contended  “the people that came from both the lineage of Aridegbe and Osungbolade are those that metamorphosed into Shobowale Afijaperi from which we have: Aridegbe-Odetunde and Osungbolade-Tinuosho.

    They further contended that since the late Oba Samuel Oludademu Tinuosho Joshua hailed from Tinuosho Shogoroye Abiade ruling house, “the claimants are saying that the next ruling house to ascend the throne is Shobowale Afijaperi ruling house”.

    Though, the matter will come up today in court, it was learnt that none of the defendants has filed any response to the action.

  • Ayade vows to revisit Bakassi cession

    Cross River State Governor Prof. Ben Ayade has vowed to revisit the ceding of Bakassi Peninsular to Cameroun.

    The cession, he said, has led to the dwindling of revenues accruing to the state from the federation account.

    He called for support to move the state forward despite lean resources.

    A surprise birthday party was organised for Ayade by the Secretary to the State Government (SSG) Mrs. Tina Agbor, who said it was to appreciate the governor who is so emotionally attached to his job that he forgot his birthday. Ayade said he would celebrate his birthday after the Super Highway is commissioned

    The governor, overwhelmed by the show of love by his people, said he wished the event was moved forward until he commissioned the Garment Factory, Calabar Deep Sea and the Super Highway.

    Senior Special Assistant (SSA) to the Governor on Communication and branding Dr. Dorn Cklaimz Enamhe, said: “Gov. Ayade remains a model  in leadership whose  desire to leave indelible marks on the sands of history requires hard work from members of his team with the attendant motivation.”

    The birthday Cake was a design of all the Governor’s signature projects. At the event were the governor’s wife, Dr. Iyanda  Ayade, members of the State Executive Council, members of the National and State assemblies, among others.

  • 2015 polls: How did courts fare?

    2015 polls: How did courts fare?

    Stakeholders met for two days in Abuja to assess the judiciary’s performance in deciding the 2015 election cases. Eric Ikhilae reports.

    Most election petitions from the 2015 general elections have been decided. How well did the judiciary do? Justices, judges, lawyers and others, who were part of the process,  met in Abuja to review their performance.

    It was at a two-day conference by the Court of Appeal and a development partner, the International Foundation for Electoral Systems (IFES), with the theme: 2015 election tribunals and appeals – an overview.

    The last post-election litigation season tasked the judiciary. In all, 39 petitions were considered by the various governorship tribunals, 79 in relation to Senatorial elections, 179 petitions were filed against the House of Representatives elections, while 380 petitions were received in relation to the House of Assembly elections. No fewer than 749 appeals emanated from the decisions of the various tribunals, which were determined by the Court of Appeal.

    Although there was a reduction in the number of petitions, as against the 2011 season, the Judiciary was however, confronted with some few challenges.

    At the conference, held from March 16 to 17 at the Court of Appeal headquarters, Abuja, participants praised the President of the Court of Appeal, Justice Zainab Bulkachuwa for her deft handling of the issue of security that threatened the activities of election tribunals in some states and which informed their relocation to Abuja.

    Justice Bulkachuwa hailed the Justices and Judges, who were part of the tribunals and appeal panels for a job well done. She observed that despite the challenges encountered in the course of executing their assignments, the judicial officers discharged their duties credibly.

    The Court of Appeal President noted that the achievements recorded during the last exercise were not without hitches and challenges. She explained that the conference was intended for stakeholders to “reflect on the general conduct of the exercise, identify challenges and map a way forward.”

    INEC Chair, Professor Mahmood Yakubu, who expressed worry about the problem of conflicting judgments,  hailed the Judiciary for its prompt resolutions of all the issues for resolution during the last post-election litigation season.

    Justice Peter Obiorah of the High Court of Justice, Anambra State compared the judiciary’s performance in the 2011 and 2015 seasons and concluded that there was a great improvement in the last exercise.

    Justice Obiorah, who chaired the National and House of Assembly election petition tribunal in Nasarawa State, noted that the discrepancy over status of the card reader has been effectively resolved by the Supreme Court in its subsequent pronouncements, particularly in the case of Rivers State’s Wike  vs Peterside and others (SC/1002/2015 delivered on  February 12.

    He, however, regretted that while the governorship petitions benefited from the Supreme Court’s position on the issue, which resulted in the setting aside of the earlier decisions of the Appeal Court, the National and State Assemblies’ petitions were not so lucky, having been determined based on the Court of Appeal’s position on the issue.

    Justice Obiorah raised the issue of who has the locus standi to challenge the outcome of a party’s primary, and whether or not the qualification of a candidate for election could be challenged by an outsider on the ground of invalid primary.

    He said the question was effectively resolved by the Supreme Court, in upholding the decisions of the Court of Appeal in the cases of Benue State’s Terhemen Tarzoor v. Ortom Ioraer (2016) 3 NWLR, part 1500 at page 463 and Taraba State’s Aisha Alhassan v. Darius Ishaku and others: SC.46/2016 delivered on February 22, 2016.

    According to him, it is now the position of the Supeme Court that primary elections are in-house matters of a political party, which a non-member has no locus to raise and which a member of a party, who was not an aspirant, cannot raise.

    According to him, the apex court’s decision in the Alhassan v Ishaku case means that an election tribunal lacks the jurisdiction to inquire into the primaries of a political party, adding that by virtue of Section 138(1)(a) of the Electoral Act, a tribunal’s power to decide whether a person is qualified to contest election is restricted to establishing the requirements of Sections 177 and 182 of the Constitution against the adverse party.

    Justice Obiorah suggested the need to tinker with the time allocated to the Court of Appeal to determine election appeal. He noted that although the tribunal could still do a thorough job within the 180 days allocated it, the Court of Apeal is always under intense pressure as a result of the 60-day prescription.

    “While I believe that in a clime like ours, where election losers hardly accept defeat, the 180 and 60 days time limit serves the good of ensuring a timely end of election litigations, I think an amendment to the Constitution to readjust certain time lines in the appellate proceedings will serve a greater good of ensuring that justice is done to the cases,” he said.

    Justice Obiorah suggested an arrangement where the 60 days for appeal begin to run from the date of filing notice of appeal as against the current arrangement where the time starts counting from the date the tribunal delivered the judgment being appealed.

    In the alternative (considering the rigorous process of Constitution amendment), he suggested a reduction in the time for compiling records and filing briefs, which could easily be reflected in the Practice Direction, which is within the powers of the Court of Appeal’ President.

    On welfare for members of tribunals and appeal panels, Justice Obiorah suggested an improvement on their allowances to guide against exposing them to the temptations of politicians, who mostly wield large pockets and could go to any length to achieve their objective.

    Justice Sidi Bage of the Court of Appeal, Lagos Division, identified areas where there were conflicting decisions to include the interpretation of Paragraph 18(1) of the First Schedule to the Electoral Act 2010 as it relates to the procedure for initiating pre-hearing session, treatment of card reader machine in proving electoral fraud, use of extrinsic evidence to establish electoral offences such as electoral manipulations and violence.

    Justice Bage also noted that there was conflict in the Court of Appeal’s treatment of the procedure for accreditation of voters other than the one prescribed in the manual for the conduct of election.

    As a way out, he suggested that judicial officers should dwel less on technicalities in considering election cases and that the Court of Appeal should initiate internal law report either electronically or in print, to guide its Justices.

    Justice Bage suggested the adoption of an earlier suggestion by the retired Justice of the Supreme Court, Niki Tobi, to the effect that a mechanism should be in place to ensure that once a judgment is rendered by a division of the Court of Appeal, it is immediately circulated around other divisions to engender uniformity and consistency in judgments.

    He equally touched on the need to amend the Electoral Act “to permit more time to evaluate evidence and writing of judgments,” and continuous capacity building for, and retraining of tribunal judges and Justices of the Court of Appeal on how to better handle election matters.

    Justice Helen Ogunwumiju (also of the Court of Appeal) suggested among others, the need for an active Court of Appeal website, where decisions of each division of the court could be published, to be easily accessed by other divisions, to eliminate instances of conflicting decisions.

    She frowned at the practice where parties file multiple appeals on a judgment and urged the Nigerian Bar Association (NBA) to sensitise its members on the Supreme Court position on the filing of unnecessary and frivolous interlocutory appeals and multiple cross appeals against a judgment.

    Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello suggested that the various proposals for the amendment to the Constitution, Electoral Act and Practice Direction should include those that aimed at eliminating interlocutory appeal in election matters.

    Relying on his experience as the Chairman of the Committee that midwifed the administration of Criminal Justice Act 2015, Justice Ballo, said to achieve the desired amendments as proposed by various speakers, the Court of Appeal must be prepared for continuous engagement and advocacy with the Legislature.

    Mallam Yusuf Ali (SAN), who spoke for the Bar, urged the judicial officers to always be firm and take control of proceedings. He noted that in view of time constraint, it was necessary for judges to prevent delays on the part of lawyers. He also faulted the filing of multiple appeals by lawyers and the practice, by lawyers, of criticising tribunal judgments in the media.

  • Police parades uncle for kidnapping niece for N200,000

    Police parades uncle for kidnapping niece for N200,000

    Oyo State police command has paraded one Olayinka Taiwo (20 years), who kidnapped his three years old niece, Omolade Abdulsalam and demanded N200,000 ransom from his parent.

    The State Commissioner for police, Leye Oyebade disclosed this at the command headquarters in Eleyele, Ibadan on Tuesday.

    According to him, Omolade was kidnapped on March 30, 2016 at her residence at Adegbayi area of Egbeda, Ibadan by some kidnappers who took her toan unknown place thereby preventing her parents from having access to her.

    “Few hours later victims abductor called to demand for a ransom of N200,000 as condition for her release. When the report to the police the anti-kidnapping squad of the command immediately commenced investigation. Soon, the location of the victim was discovered somewhere in Adegbayi Alakia area of the state.

    “The discovery made the operatives to storm the criminal hideout where one of the suspects, Olayinka Taiwo was arrested and the victim rescued unhurt at 1:30pm on March 31,2016. The suspect confessed to the crime and narrated how he and other members of the gang currently at large planned and carried out the evil act.” he said

    Confirming that the suspect was her brother, the mother of the victim, Kemi Abdulsalam said he was contacted by someone on the phone, who called her in the evening that her daughter has been kidnapped and demanded for N200,000 for her release.

    “I have been searching for my daughter all day before I was called by someone in the evening who said that my husband was owing them money. I reported at the village head’s house and they told me to report at the police station” she said

    Also confessing to the crime, Olayinka Taiwo who studies Insurance at the Polytechnic of Ibadan, said:” I kidnap my niece because my sister’s husband does not give me money anytime I come back from school. So I reported to my friend and he was the one who planned all the kidnapping of Omolade, at first I felt reluctant to be part of the plan but he threatened me and that was why i gave him my sister’s number to call her and ask for a ransom of N200,000.

    Olayinka said he regretted his action and seeks for forgiveness from his sister and husband.

    Also, one Olu Adewale (56 years) was arrested for parading himself as a lawyer.

    But Mr Adewale claimed that he studied Law at the University of Lagos and graduated in 1976.

    “I did not only attend the law school or call to bar. I started practising from Zaria in Kano where I had my first chamber before moving down to Ibadan in 2000 when there was a riot. I believe that once I studies law I can practice. I started practising believing that I can later go to law school but unfortunately I could not.

    “I have appeared in magistrate court Iyaganku Ibadan on behalf of a client before,” concluded.

     

  • Osinbajo, Dogara, Fashola others for NBA-SBL conference

    Vice President Yemi Osinbajo (SAN) will give the keynote speech at the 10th Annual Business Law Conference of the Nigerian Bar Association Section on Business Law (NBA-SBL).

    The event, which has as theme: Law and economic reform, will hold from June 22 to 24 at the Transcorp Hilton Hotel in Abuja.

    SBL chair Asue Ighodalo, at a briefing in Lagos, said Osinbajo will attend the opening on June 22 and  speak on the theme: Africa Rising – Managing Africa’s economies for the benefit of its peoples

    Also expected are House of Representatives Speaker Yakubu Dogara; Dr Kayode Fayemi (Minister of Solid Minerals), Babatunde Fashola (SAN) (Minister of Power, Works and Housing) and a former minister Lanre Babalola. They will chair the sessions.

    “The sessions will focus on laws that directly impact on businesses in Nigeria – with a view to critically examining how certain laws could impede businesses and become disincentives to economic development and how to get better laws for positive growth. To this end, we expect participants to look forward to a number of the key sessions at the conference,” Ighodalo said.

    The sessions have the themes: Law reform and economic development; Managing Nigeria’s economy – Law or institutional reforms?; Vehicles for doing business: Is CAMA fit for a modern growing economy?; Future prospects for the oil industry; Resolving disputes – Is the Arbitration and Conciliation Act still fit for purpose? Should there be an alternative enforcement mechanism to resolve post – award delays?

    Others are: Reforming the Law to promote Commercial Agriculture; Why has Nigeria’s solid minerals Resource not been a source of economic development – what reforms are required?; Power sector reform and economic development; Vision for Nigeria’s infrastructure development – what we need to get there.

    “The SBL continues to promote the delivery of qualitative business services to the public by influencing the advancement of policy, business development and government action. This it does through its collaborations and continuous engagement with regulators, policy makers, professional organisations and the business community.

    “The Annual Business Law Conference is an international convergence of business lawyers, policy makers, regulators, Judges, the business community and academics, which takes place yearly in Nigeria. It seeks to create an environment for business lawyers within and outside Nigeria to network and engage on issues relevant to their fields and to establish a thriving relationship between the business community and government institutions.

    “The conference brings together some of the best policy formulators regulatory, financial, business and legal minds at the yearly event. The conference is structured to bring value to everyone from the public sector, the private sector and even those from the informal sector of the economy. There’s a large offering for a wide range of participants within and outside Nigeria; be it individuals or corporate organisations,” Ighodalo said.

     

  • Activists decry corruption in property rights enforcement

    A coalition of civil society groups, One Voice, has urged the government to make land acquisition and transfer easier so as to reduce corruption in property administration.

    It said enforcement of property rights laws is weak and subject to abuse by officials.

    “Acquiring and maintaining rights to real property are major challenges,” the coalition said at briefing in Lagos by its Media Committee Chair, Pastor Adedeji Adeleye.

    The group said recording keeping by government agencies on land transactions is poor, and the process very slow, while legitimate fees are as high as 15 per cent of land value.

    “It is standard practice to hold land in corporations in order to avoid high fees, cumbersome bureaucratic procedures and corruption when the land is sold.

    “Attempts must be made by the federal and state government to correct these anomalies and make land acquisition easier,” it said.

    One Voice said while Nigeria’s legal and regulatory system is generally consistent with international standards, “enforcement of rules and legislation is often inadequate and inconsistent.”

    The group said the government must enhance protection of intellectual property in the face of dwindling oil prices, adding that a country can still develop without oil, as Singapore demonstrated.

    “As part of efforts at redeeming the economy, the Buhari administration must institute zero tolerance for corruption in all aspects of the public sector. Attempts must also be made to mainstream the private sector into the anti-corruption policy framework,” One Voice said.

    On transportation, One Voice urged the government to complete the inland waterways to reduce pressure on the roads; and to revive the rail system.

    It called for reforms in the tax system to end corruption in assessments and imposition of arbitrary levies that encourage tax evasion; as well as changes in Customs administration to make the process of clearing goods less cumbersome and prone to corruption.