The Nation Newspaper

Category: Law

  • Fayemi’s new solid mineral policy

    The recent announcement by the Minister of Mines and Steel Development, Dr Kayode Fayemi, while hosting the Commissioner for Energy and Mineral Resources, Lagos State, Mr Wale Oluwo, that states can explore and exploit their minerals, may be in good faith, but he needs to do more, to give a fillip to the worthy aspiration. Indeed, this column had strongly canvassed that President Muhammadu Buhari’s administration must find a way to give the 36 anaemic states new economic opportunities in the face of the stranglehold of the provisions of the exclusive legislative list, in the 1999 Constitution, which regrettably concentrated all the major national economic opportunities in the Federal Government.

    The Minister has taken a bold initiative, albeit an administrative act, to help redirect the states back to productivity. Considering the limitations that his administrative fiat faces in confronting the constitutional and other legislative provisions, the Minister may have to draw up a national policy on how states can explorethe mineral deposits in their backyards, which would side step the constitutional and other legal impediments. The desirable template would be to effect a constitutional amendment, to return ownership of the mineral deposits, to the states; but that would be in the long run. For now, the safest means would be to ask states, interested in exploring minerals deposits in their states, as he inferred, to incorporate companies, which would approach the federal government for a mining licence, just like any other business enterprise.

    In such instance, the companies would have similar rights and privileges like any other company, under the companies act. But, that approach may not provide enough incentive to galvanise the states, most of which have suffered decades of lethargy, to return to productivity. Perhaps the Minister under a national mining policy, devoid of partisanship, can incentivise states to come forward with technical partners, to explore minerals in their respective states, and pay concessionary tax to the Federal Government. Part of the incentive may include, helping the states to raise funds for their share of their equity, as loans, and/or providing financial guarantees, for a loan, to enable their participation. Indeed, I had canvassed here, some time ago, that the federal government should give the so called bailout funds, only to states willing to become more productive.

    Such a national mining policy, should provide legal guarantees to safe guard the investment by the states, from a belligerent Federal Government, which may decide to wield the stick, where a state makes a huge success of this new policy. While such a policy cannot amend the law, a contractual obligation would enable a maltreated state to seek redress and obtain damages, against such an unlawful federal intervention. Indeed, a transparent national policy would make abundantly clear, the procedure and process for participation, by any willing state. Furthermore, such a policy could allow any state, granted a licence over the mineral exploration,in the state, to sub-let part of their mining licence, to several companies, as long as they have an equity in the business.

    The honourable minister will have to contend with the political backlashes and fallouts in his noble attempt to help our economically beleaguered nation return to productivity. The Minister must also navigate the legal limitations on delegation of power, and contention between centralists and federalists in the present government.

     

  • Fagbohun vows to transform LASU

    Lagos State University (LASU) Vice-Chancellor (VC), Prof. Lanre Fagbohuu has vowed to ensure that the institution achieves its statutory mandate.

    He was addressing the university staff on his assumption of office following his appointment by Governor Akinwunmi Ambode.

    After his inauguration at the Government  House Alausa, Fagbohun proceeded to LASU, where staff, friends, students and some legal practitioners in academics welcomed him.

    Prayers were said for him by Muslims and Christians. LASU’s Registrar, Mr. Akinwumi Lewis took a toast for success, long life and unity among the university’s management, staff and students, as well as the host community.

    Fagbohun said: “I feel good. As I stated at the inauguration, today is one of the proudest days of my life because LASU nurtured me,  so my  coming here as the eighth Vice-Chancellor is for me a thing of joy and at the end of the day,  I see it as the grace of God for me to come back and give my own little bit back to the system that made me.”

    Fagbohun said LASU is a citadel of excellence. He said although there were challenges, some of them were not well managed.

    He said the management would rededicate itself to ensure that the  university to take the university back to the top.

    “LASU is a place where you have tremendous potential. The bundle of energy waiting to be put to constructive use is enormous; it is simply enormous. Above all,  we have the assurance of our Visitor, His Excellency, Governor Akinwunmi Ambode,   that he will surely support us. He was very categorical about it  that he will surely  support us, that he will assist us,” Fagbohun said.

    The University’s Chancellor is a former Supreme Court Justice, Adesola Oguntade.

    “The Pro-Chancellor of this university is desirous of seeing the university fly, likewise other members of the governing council who have professed the same thing.

    “When you look at the academic and non-academic community, you will see that there is a desire to ensure that the university thrives, there is that desire.

    “At the end of the day, it is for us to harmonise all of this goodwill and move forward. It is the dawn of a new era for LASU.

    “As I stated when I was giving my inaugural speech, for LASU, it is inclusive governance, joint decisions. For LASU now, the mantra is we, we, we not I. So we want to make sure that we bring together the synergy of all for the good of the university and that is what we are going to achieve.”

    Fagbohun reserved words of praise for his predecessor, Prof. John Obafunwa, whose tenure was characterised by controversies.

    “On my predecessors,  I will say they have done their own very best and they have developed the university to some extent.  It is left for me to push the frontiers further.

    “There are some imperatives that are capture in my vision, among which is to bring peace to this environment so that we would be able to attract funds; so that we would be able to attract the very best in the development of this institution.

    “We want to take scholarship to the very highest level. So, a critical component  of that strategic imperative of mine,  is the  development of scholarship across  board – faculties, colleges and schools of the university. Other component is the previous gains that we have; we want to ensure that we make the best of it at the end of the day,” Fagbohun said.

    The former Acting Vice-Chancellor, Prof. Fidelis Njokanma who is the new Deputy Vice Chancellor (DVC) said said he would support Fagbohun towards taking the university to greater heights.

    “I feel extremely happy because a system should not be headless and the Visitor has honoured his word, and has finally  appointed a worthy person to be the Vice-Chancellor of this great institution, so I am happy.

    “My  number one duty as the DVC is to assist the Vice-Chancellor in the discharge of his duties. We have discussed briefly his mission and his vision, which I buy into completely.

    “So, what we should do now  is to sit down and take on the specifics of how we going to put those ideas into practice to the good  of LASU,” he said.

    The DVC said disagreements are inevitable, but vowed to ensure that everyone is carried along and that disputes are amicably resolved.

    “What I will like to support him to do is to make sure that those disagreements don’t go beyond bounds, to see that we settle things early enough, to see that we include everybody right from the beginning so that those disagreements are kept to a minimum.

    “This environment will be very harmonious. You see the spirit in which everybody received him. Everybody is enthusiastic. Everybody is waiting. Everybody is happy. If we continue in this spirit, am sure the university will be great,” Njokanma added.

  • Delta APC: we have faith in Supreme Court

    The Delta State chapter of the All Progressives Congress (APC) has expressed confidence in the Supreme Court to overturn the Court of Appeal judgment which upheld the election of Senator Ifeanyi Okowa as the governor.

    APC candidate, Olorogun O’tega Emerhor, is challenging Okowa’s Appeal Court victory at the Supreme Court.

    Delta APC Chairman, Prophet Jones Erue, in a statement in Asaba, the state capital, said he was shocked by the Appeal Court’s judgment, despite the overwhelming evidence that Okowa did not win the election.

    He urged APC supporters to keep the peace, adding that the state would soon witness a new dawn.

    According to him, the election matter will be pursued with vigour and will hopefully be brought to a legal conclusion in APC’s favour.

    Erue said: “We are law-abiding citizens, but we received this judgment of the Appeal Court with shock. We will not abdicate our right to fair hearing as we are convinced we will find justice at the Supreme Court based on the merit of our arguments in the case in question.

    “We stand by our desire for a new Delta State, led by APC, where every Deltan will begin to live with a new sense of purpose and direction; a new Delta filled with hope for the future and driven by the power of change.”

    The APC chief accused the Peoples Democratic Party (PDP) administration in the state of wasting resources.

    “For instance, it has aggregated an over-bloated cabinet with hundreds of idle and needless aides in the Executive and Legislative arms, which will drag the state’s economy down to a dangerous precipice at this critical period of dwindling resources,” Erue said.

    He assured that an APC administration would accelerate the state’s development through a well-refined “strategic vision”, “governance-with-a-heart” and “prudent assignment” of the state’s limited resources.

  • Court adjourns ex-workers’ N480m suit against FIRS

    Justice J. D. Peters of the National Industrial Court sitting in Ikoyi, Lagos, has adjourned till April 14 hearing of all pending applications in a suit filed by 64 former staff of the Federal Inland Revenue Service (FIRS) seeking N480 million for alleged wrongful termination of their appointment

    The ex staff, who were disengaged from service in 2013, are demanding compensation of N7.5 million each, totalling N480m for 64 of them.

    But the FIRS, through its counsel Miss Mary Okpe, urged the court to dismiss or strike out the suit for lack of jurisdiction.

    FIRS also argued that the disengaged workers’ suit is statute barred.

    It added that the claimants’ suit was extensively considered and determined by the terms of a collective bargaining agreement (MoU) dated July 25, 2007, whereof proper payment of severance benefits of all the claimants was paid.

    The disengaged workers are seeking a declaration that the termination of their appointment by the management of FIRS is a breach of contract of service, and is illegal, unlawful and void.

  •  Will Saraki get reprieve at Supreme Court?

     Will Saraki get reprieve at Supreme Court?

    The Supreme Court will, on February 5, decide whether the Code of Conduct Tribunal (CCT) can try Senate President Bukola Saraki for alleged false asset declaration. ADEBISI ONANUGA reviews the case.

    On February 5, the Supreme Court will decide whether the Code of Conduct Tribunal (CCT) can adjudicate on the criminal proceedings instituted against Senate President Bukola Saraki for alleged false declaration of assets by the Code of Conduct Bureau (CCB). Being the highest court in the land, its decision on the matter is crucial. It will determine whether CCB can proceed in the matter.

    The Senate president had approached the Supreme Court following the Court of Appeal, Abuja Division’s split decision which dismissed his appeal over his trial before the CCT. Presiding Justice A. A. Adumien Moore and Justice Mohammed Mustapha dismissed the appeal; Justice Joseph Ekanem delivered a dissenting judgement.

    Saraki is praying the apex court to set aside the criminal charges. His contention is that the CCT is not competent to try him.  He argued that it is constitutionally mandated that any CCT panel must comprise three members as against the two which the tribunal set up to try him is composed of, among other issues.

    Because of the serious constitutional issues raised by Saraki’s counsel Joseph Daudu (SAN),   the Supreme Court has empanelled the full court of seven justices to adjudicate on the matter.

    If the apex court goes by the majority decision of the Court of Appeal, it will uphold the trial of  the Senate President by the CCT. The court, in reference to section 28 of the Interpretation Act will also hold that the tribunal led by Justice Danladi Umar could sit with the chairman and one other member and restate the position of the lower court that the CCT and CCB Act and the Constitution did not  talk about a quorum.

    But in the matter of the minority decision of the Court of Appeal, the apex court will have to contend with three key issues viz: the interpretation of paragraph 15 (1) of the Fifth Schedule of the 1999 Constitution regarding the composition of the tribunal; the issue of whether the CCT is a court of criminal jurisdiction  as well as finding answer as to whether a lawyer in the office of the Attorney-General of the Federation (AGF) can file charges at the tribunal without the AGF’s express authorisation as contained in Section 174 (1) of the 1999 constitution, as amended.

    Paragraph 15 (1) of the Fifth Schedule provides that the CCT shall consist of a Chairman and two members. It reads: “There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a Chairman and two other persons”.  And in respect of the number of persons making up the tribunal, Section 20 (2) of the CCB and CCT Act, simply says “consist of” and not “quorum”.

    Since its judgment of last October 30, there have been diverse opinion from legal minds on the decision, most of them centering on whether or not the CCT is a court of records, whether or not it has power to try criminal matters  and whether or not it is inferior to a high court.

    For instance, a retired justice of the Supreme Court, Justice A. G. Karibi-Whyte in his analysis of the provisions said it appears from the enabling law that the jurisdiction of the Code of Conduct Tribunal (CCT)is confined and limited to the conduct clearly outlined in paragraphs 1 – 13 of the Fifth Schedule.

    He noted: “It is pertinent to observe that the law which enables the CCT to try persons who have contravened the provisions of the Code have carefully avoided the use of the expression ‘criminal’ to describe the conduct so punished.  It does not contemplate any other conduct.  Rather it provides in paragraph 18(3) that the sanctions in paragraph 18 (2) may be imposed, without prejudice to the penalties in any law where the conduct is also a criminal offence.”

    He said the expression, public officer, public office have also been defined.  On the limited jurisdiction of the CCT, Justice Karibi-Whyte said: “Its jurisdiction is limited to the subject matter listed therein and a prescribed by the National Assembly. “The Code of Conduct Tribunal has not been vested with exercise of criminal jurisdiction even by implication of the scope allowed in the sanction it can impose.”

    A former Nigerian Bar Association (NBA) president Olisa Agbakoba (SAN) referred to Section 6 of the Constitution which listed the superior courts and emphasised that the CCB and the National Industrial court are not listed.

    He concluded that since CCB is not listed as a superior court, then it is an inferior court, adding that because of its being an inferior court, it is amenable to the judicial review jurisdiction of a superior court of record, such as the Federal High Court.

    But to another lawyer, Vincent Okwechime, whether or not the CCT established under Section 15 of Part 1 of the Fifth Schedule to the 1999 Constitution is an inferior court is debatable.

    “It seems to me that the CCT is also a Superior Court of Record with specific jurisdiction in certain matters, viz, violations of the Conduct of Conduct prescribed for public officers outlined in the self-same Fifth Schedule. In this regard, it seems to be a Superior Court of Record similar to and having coordinate jurisdiction with the High Courts (including the Federal High Court) established in Chapter VII. Accordingly, the CCT is not a mere administrative/quasi-judicial body like the NJC and other such institutions established by various schedules to the Constitution,” he argued.

    Okwechime wondered where a High Court would derive its power to interfere in proceedings of the CCT. He said the only conceivable provision that may considered as according such powers to high courts is Section 46 of Chapter IV on Fundamental Rights which empowers such courts to entertain matters in which the applicant is alleging past, actual or potential breaches of his/her fundamental rights.

    He contended that  the case against anyone in the CCT has nothing to do with fundamental rights. To him, the assertion of a fundamental right is no defence to a charge before the CCT nor can a court empowered under Section 46 use that section of the Constitution as a cover for interfering in the functions of the CCT.

    According to him, the CCT is a court of coordinate jurisdiction empowered by Section 46. He said litigants, aided and abetted by some courts, hide under section 46 to frustrate legitimate trials. He contended, however, that the same method cannot be used against the CCT using the instrumentality of a High Court or Federal High Court.

  • Firm sues bank, others for ‘breach of contract’

    A company, Style 4 Less Limited, has sued Skye Bank Plc and others at an Ikeja High Court, Lagos for alleged breach of contract.

    It is alleging unlawful occupation of Suite 001 of a building on 56, Opebi Road, Ikeja, said to be owned by a cleric but managed by Meridian Properties Limited.

    The company said it rented the  suite for N1.5 million in addition to paying agency and legal fees, damage deposit, service charges and diesel surcharge.

    After a year into the tenancy agreement, Style 4 Less said the property manager increased the rent and demanded for additional fees which it had earlier paid.

    When the company refused to comply with the new charges, its electricity supply was cut off.

    Style 4 Less said its offer to pay for the service charge and diesel surcharge was rebuffed by the property manager.

    The matter was taken before an Ikeja Magistrate Court, which ordered the reconnection of the power supply which was done but was disconnected again.

    The plaintiff further added that as a result of the office being disconnected, Style 4 Less continued to incur huge financial losses as it could not showcase its goods.

    While the matter was still pending before the court, the property manager locked up the shop and prevented the company from gaining access to its goods which it said is worth N9.2 million.

    The plaintiff claimed that its goods were locked up in a store room of the property management company.

    It said the space was given to  Skye Bank which now occupied the entire ground floor and on which the Bank’s ATM machines have been fixed.

    According to the plaintiff, its goods which were seized by the property company in 2013 has not been released.

    It further claimed that it lost N50 million in sales and customers patronage during the period.

    The plaintiff, through its lawyer, Miss M. A. Bamidele, is demanding N90million damages from the defendants for disturbance of its use and occupation of the suite, removal of its goods without its knowledge and for alleged threats and harassment of the company’s management.

    The High Court case is yet to be assigned to a judge, while the one at the Magistrate’s Court  will be heard on February 8.

  • Osinbajo, CJN for law firm’s inauguration

    Vice-President Yemi Osinbajo (SAN), Chief Justice of Nigeria (CJN) Mahmud  Mohammed; House of Representatives Speaker Yakubu Dogara  and Deputy Senate President Ike Ekweremadu are among dignitaries expected at the launch of J-K Gadzama LLP,  the corporate law office of Chief Joseph–Kyari Gadzama (SAN).

    It will hold on February 9 in Garki II, Abuja. The firm will also mark its silver jubilee. Prof Fidelis Oditah  (QC, SAN) will give a keynote speech.

     

  • Witness in Isara Remo stool case is dead

    An Ogun State High Court sitting in Sagamu has heard that one of the three defence witnesses lined up in the suit filed by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe to the stool of Odemo of Isara-Remo is dead.

    The co-defendants in the suit are the head of the ruling house, Prince Obafemi Awoyade; Secretary, Remo North Local Government;  Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye; and Asipa Odi of Isara, Chief Owuye Logba.

    Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; Ekeji Asipa Emo, Chief Adewole Sopitan; Governor of Ogun State; Executive Council of Ogun State; the State Commissioner for Chieftaincy and Local Government and the state Attorney-General and Commissioner for Justice as second to 18thdefendants.

    Counsel to the defendants, A.O. Odusanya made this known during a Pre-Trial Conference (PTC) held last week and presided over by Justice A. A. Babawale for parties in the matter.

    Odusanya informed the court that the defence is now left with two witnesses instead of the initial three since they lost one of them to the cold hand of death.

    Counsel to the claimant, Muyiwa Obanewa on the other hand told the court the claimant has additional one witness thereby bringing the number of their witnesses to four.

    The trial judge, Justice Babawale ordered the parties to carry out a fresh appraisal of their respective claims and other issues filed for determination of the court in order not to delay trial through filing of frivolous applications.

    Justice Babawale thereafter adjourned the matter till February 10, 2016 for filing of any further application.

    At the last sitting of the court last month, both Odusanya and Obanewa told the court that they had filed all issues for determination  and  showed the stamped copies of the documents to prove their position.

    They had also confirmed to the court that the state government  filed Form 17 while the third and fifth defendants, who have no counsel, did not file any document despite being served with all necessary court papers in the matter.

    In his 32-point statement of claim, Prince Odunsi , who is a direct descendant of the late Oba Oyemade Mayungbe and progenitor of Erinsiba-Ayoledoye Ruling House, averred that he is the one lawfully entitled to the stool of Odemo of Isara-Remo.

    Odunsi sought seven prayers and orders against the defendants: “A declaration that the first defendant is not a member of the Erinsiba-Adyoledoye Ruling House and therefore not qualified to contest for the stool; that under native law and custom applicable in Isara and Remoland, an Odi (servant of the king) or  any of his descendants is not qualified to contest for the stool of Odemo of Isara; that the first defendant’s late grandfather and father, the late Ogunsakin and Oyekunle Mayungbe were Odi  to the late Oba Samuel Akinsanya and late Oba Adeboboye Osideinde  and therefore not qualified to aspire or to be considered for nomination to the stool”

    He therefore sought an order of the court setting aside the nomination exercise of Erinsiba/Ayoledoye ruling house held on February 21, 2011 at which meeting the first defendant emerged as one of the candidates for the Odemo of Isara chieftaincy; an order setting aside the decision of the kingmakers selecting or electing the first defendant as the candidate for the Odemo of Isara chieftaincy; an order setting aside any recommendation, if any, made by the 19th defendant and generally by the 15th, 17th and 18th defendants  in relation to the first defendant as the Odemo-elect of Isara-Remo and an order directing the third defendant to issue fresh notice to the second defendant, as head of Erinsiba/Ayoledoye, to summon a fresh meeting of the ruling house for the purpose of nominating candidates to fill the vacant stool of Odemo of Isara, to the exclusion of the first defendant. In their statement of defence and counter claim, the first, second, sixth to tenth and 14th defendants admitted some of the averments of the claimant and deny others.

    The first defendant, Albert Mayungbe, insisted on being a “bonafide member  and descendant of the Erinsiba/Ayoledoye Ruling House and that the late Oba Mayungbe, aside from being a trader, met and married Arobo in Akure where Ogunsakin, his grandfather, was born.

    They  prayed the court for an order of mandamus compelling the 15th and 16thdefendants to give approval to the appointment of the first defendant as the new Odemo-elect of Isara-Remo.

    But the claimant, in his reply to the statement of defence and counter claim of the first, second, sixth to 10th and 14thdefendants, had contended that the first defendant is not a bonafide member and descendant of the Erinsiba/Ayoledoye Ruling house.      The claimant further contended that even though Ogunsakin was a child of Arobo, he was not fathered by the late Oba Mayungbe and that the late monarch was never a trader who lived in Akure but was an Ifa Priest and a pig rearer based in Isara emphasising that there was never a time he travelled to or live in Akure.

  • Do anti-graft agencies get enough cash?

    Do anti-graft agencies get enough cash?

    The anti-graft agencies have N27 billion in this year’s budget to do their job. How much of this will they eventually get? Is this allocation adequate for them to perform the wonders that are expected of them? PRECIOUS IGBONWELUNDU asks.

    The war against corruption did not start today. Successive administrations initiated measures to combat the cankerworm, including establishing anti-graft agencies, but corruption still persists. Part of the problem, experts say, is that the agencies are not adequately funded. At present, there are at least nine of such agencies.

    The major ones are the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and other related offences Commission (ICPC) and the Code of Conduct Bureau (CCB).

    Observers believe that the reason for the seeming inefficiency of the agencies range from lack of funds for thorough research/investigation, as well as dearth of in-house Senior Advocates of Nigeria (SANs) with deeper understanding of the law, who can stand at par with the team of highly celebrated senior lawyers usually hired by high profile suspects to explore the loopholes in the laws to either secure their freedom or prolong their cases.

    Although the EFCC claimed it has witnessed steady increase in convictions in the past five years, with 397 persons convicted between 2011 and 2014, Vice President Yemi Osinbajo (SAN) said only seven high profile convictions have been secured since 2002. His statement  confirmed public opinion that only petty thieves had been served justice, while those looting the treasury and their cronies have remained ‘untouchable’.

    About three years ago, participants at a public hearing conducted by the Senate Committee on Drugs, Narcotics and Economic Crimes were shocked when EFCC Secretary Emmanuel Aremu revealed that the Commission was broke.

    Aremu, in his presentation at the hearing on the Bill for an Act to Establish the Nigeria Financial Intelligence Agency (NFIA) Bill 2013, said the commission had less than N2million in its account. According to him, the financial challenge arose from the non-remittance of appropriated funds for the agency by the Federal Government over the months.

    “We have been complaining that no money has been released for us for operations. As at now, we don’t have up to N2million. If we can afford to pay salary this month, that is all. That is the position under which we operate presently,” he had said.

     A look at previous budgets

    The EFCC, for instance, had about N13.8 billion allocated to it in 2011. It suffered a decline to N10.6 billion in 2012, N9.8 billion in 2013, N10.2 billion in 2014 and N10.4 billion last year.

    The ICPC received N3.6 billion in 2011, N4 billion in 2012, N4.5billion in 2013, N4.6billion in 2014 and N4.9billion last year.

    For the CCB, it was N1.4billion in 2011, N3.9billion in 2012, N2.9billion in 2013, N2.8billion in 2014 and N2.3 billion last year. The Code of Conduct Tribunal (CCT) was allocated N359.6million in 2011, N461.2 million in 2012, N517.1 million in 2013, N512.6 million in 2014 and N806.9 million last year.

    The Fiscal Responsibility Commission (FRC) got a N336.8 million budget last year; Bureau of Public Procurement (BPP) had N1billion and so did the Nigeria Extractive Industries Transparency Initiatives. The Public Complaints Commission had N2.5 billion and the office of the Auditor-General of the Federation had N3.2 billion.

    In all, the nine agencies were appropriated about N26.7 billion last year, less than N1 billion above the budget of the EFCC alone under Mallam Nuhu Ribadu in 2009.

    This was why the reported slash in the budget of the anti-graft agencies drew public scrutiny, with critics who accuse the government of President Buhari of insincerity in the fight against corruption.

    They accused the government of lacking the political will to fight corruption to a standstill.

    Those against the purported slash said this administration, like previous ones, was bent on ensuring that the agencies are not independent so that the officials can do its  bidding.

    Those against the decrease have suggested that funding of anti-graft agencies be placed on first-line charge, with the commissions preferably removed from the executive arm of government and placed under the Supreme Court.

    However, to most lawyers, the anti-sgraft agencies need to prioritise within available resources.

    The lawyers also emphasised the need for complete independence of the institutions, just as they canvassed special allocations for them from the consolidated revenue.

    They argued that even with a slashed budget, the EFCC can achieve maximum results should it concentrate efforts in training of its personnel and thorough investigation before arrest.

    The way out

    Mrs Funke Adekoya (SAN) said a percentage of the recovered money should be remitted to the agencies to strengthen their financial base.

    She, however, noted that the agencies must adopt proper allocations of funds at their disposal, such that training of personnel and investigation will get priority.

    According to her, the problem may not necessarily be decreased funding but rather improper allocations.

    “Decreased funding may not be the cause of any shortcomings in EFCC, it may be improper allocation of resources.

    “Training of staff in forensics and investigation techniques should be the priority.

    “A remittance to the EFCC of a percentage of funds recovered for the government can also strengthen their financial base.

    “If the money is not adequately allocated to training however, there won’t be an improvement in their success rate,” she said.

    To Sylva Ogwemoh (SAN), the government must be prepared to deploy huge resources in the war against corruption, just as the agencies must do due diligence during investigations.

    He said institutions and processes must be built, noting that all leakages in the system must be plugged for greater results.

    “Corruption is a hydra-headed monster that must be confronted from all angles. If fighting the war against corruption is intended to produce some meaningful results, the deployment of huge resources in the war is inevitable.

    “The government in fighting the war must be prepared to deploy huge resources to match those of the accused and this must include building institutions and processes as well as plugging all the leakage. At the moment it is important that the process of investigation is strengthened to ensure a good case is initially made out against the accused before arrest is made and charges are filed in Court.

    “The procedure of arrest before investigation is commenced should be discouraged to save cost. If investigation is properly carried out and a good case is made out before accused persons are taken before the Court you are almost certain of a conviction which would act as deterrent to others in the business.

    “In the end if processes are well laid out, institutions strengthened and leakages plugged, we may be able to reduce corruption to a very minimal level and the cost of fighting the monster reduced to the barest minimum.

    For Norrison Quakers (SAN), the anti-graft agency should take full advantage of its establishing law to have and maintain its funds

    “A careful perusal and understanding of the financial provisions of the enabling law, particularly Section 35, it is apparent that the commission is empowered to have and maintain its funds for its operations, with the approval of the National Assembly in terms of money for its functions and operations.

    “In addition to the afore stated, it is also imperative to state that the Commission is also empowered to accept gifts of land, money or other property within Nigeria or outside with or without conditions from organisations or persons in so far as the donations or grants, gifts is in furtherance of the objectives and functions of the Commission.

    “It is, therefore, not out of place to state that the executive or the legislature cannot starve the Commission of operational funds. “The enabling law imposes a duty on the National Assembly to ensure that the operational funds of the commission are paid and credited into the Commission’s account.

    “The wordings of the enabling law are quite clear particularly in the light of the use of the word “shall” in Section 35(2), which reads thus: “There “SHALL” be paid and credited to the fund established pursuant to subsection (1) of the section, such monies as May in each year be approved by the National Assembly for the purpose of the Commission”.

    “I believe the drafters of this law intended the independence of the Commission from executive or legislative interference or influence that is principally the reason for this provision.

    “But in actual fact this is not the case. If a well-exposed and independent minded person is given the opportunity, the funds of the Commission can be raised from other sources as provided for in the enabling law.

    “The TSA is not applicable to the EFCC by virtue of the clear and unambiguous provisions of the enabling law, while all governments accounts have now been consolidated, the case of EFCC is simply to request for payouts, from the National Assembly, which National Assembly is obligated to perform and where it fails, the Commission is not helpless, it can source for funds from other sources for the effective, smooth and efficient execution of its duties and functions.

    “Many international donor agencies are prepared to lend a helping hand in our crusade or fight against terrorism, advance fee fraud or international scam, corruption, embezzlement or other economic or financial crimes.

    “I do not believe, as stated above, that the implementation of the TSA will impede the functions and performance of the Commission. The commission can still with the resources at its disposal contract very eminent and intellectually sound legal practitioners whether of the inner or outer bar.

    “The Commission must assert its financial independence, save for Sections 36 and 37 of the Act, which require the commission to keep and maintain financial accounting records for the purpose of audit and to submit annual financial report to the National Assembly.

    “This in my view is to maintain checks and balances and not a measure of control. The chairman of the commission must take advantage of the enabling law to raise funds from independent sources as statutorily empowered to do, so as to ensure the independence of the Commission in the performance of its duties and functions,” he said.

    Former Nigeria Bar Association (NBA) chairman, Ikeja branch, Monday Ubani, said a charge should be made on the consolidated revenue for anti-graft agencies so that they are never starved of funds.

    According to Ubani, the full implementation of the Treasury Single Account (TSA) regime by the administration is the right thing to do, and does not in anyway impede the activities of the anti-graft agencies.

    “If they want to hire the best lawyers for the prosecution of their cases, they should insert such head of expenditure in their budget and with the determination of the government to fight corruption. We are certain that adequate funds will be provided for them to tackle the menace of corruption.

    “The government is encouraged to do all within its capacity to tackle corruption and corrupt practices in Nigeria and save the country from total liquidation by corrupt politicians and civil servants.

    “The agencies should never at any point lack money to prosecute their cases or carry out investigations. Aside their annual budget approved by the National Assembly, a certain amount of money should be set aside for them annually from the consolidated revenue so that they do not lack nor borrow.

    “It will also safe for them from falling into the trap of corrupt persons who might want to influence them,” he said.

    But Activist-lawyer Ebun-Olu Adegboruwa believes little success will be achieved if anti-graft agencies are not properly funded.

    According to him, Rotimi Jacobs (SAN) is the most prominent prosecutor for the EFCC, adding that he is being underpaid compared to the massive work he does for the agency across the country.

    “Go to EFCC and ask how much they are paying their external lawyers. The most prominent lawyer they are using right now is Rotimi Jacobs (SAN).

    “Ask how much they are paying him despite all the risks involved in his job. He is taking a great risk for this country. It is the same Jacobs that will prosecute all these strong men. And why is it so? Because the EFCC has no fund to hire other good lawyers,” Adegboruwa said.

    To further save costs, a lawyer, Mr Basil Udotai, called for a central prosecuting agency to enforce certain specialised laws, such as the Cyber Crime Act of 2015. He said a provision in the Act, which empowers nearly all agencies with prosecutorial powers to enforce the law, may make its implementation less effective.

    Udotai, who is the Managing Partner, Technology Advisors, a law firm which specialises in Information and Communication Technology (ICT) law practice, said a security agency, such as the police, could be equipped to set up a dedicated cybercrime and cyber security unit for effective enforcement because of the cost involved in having multiple units.

    According to him, a special entity can also be created by regulation, which the Act allows, to enforce the Act.

    “It will be legal if the Attorney-General of the Federation (AGF) adopts a regulation under the Act and creates a special dedicated unit to tackle cybercrime. Part of the reason that should be the way to go is because the resources to set up a cyber crime investigative environment are very high.

    “I don’t think the government thought about this properly, because where will you get the money with falling oil prices? It costs millions of dollars to set up cybercrime investigation systems and to replicate it across all law enforcement agencies. It doesn’t make any kind of sense,” he said.

     

  • Behold the new LASU VC

    Behold the new LASU VC

    Governor Akinwunmi Ambode has appointed an environmental law expert and Director of Research at the Nigerian Institute of Advanced Legal Studies (NIALS), Prof Olanrewaju Adigun Fagbohun, as the eighth Lagos State University (LASU) Vice-Chancellor. Legal Editor JOHN AUSTIN UNACHUKWU profiles him.

    Prof Olanrewaju Adigun Fagbohun is a Professor of Environmental Law. The young Fagbohun started his academic pursuits at the Local Authority Primary School, Agege, Lagos and later enrolled at the Ikeja Grammar School, Oshodi, Lagos for his secondary education.

    Thereafter, he was admitted to the University of Ife (now Obafemi Awolowo University) to study Law. Upon the completion of his first degree in 1987, he proceeded to the Nigerian Law School for the one-year Bachelor of Laws ( BL) programme.

    After his National Youth Service in 1989, his quest for higher academic laurels took him to the University of Lagos for the Master of Laws (LL.M) Degree, and later to the Obafemi Awolowo University for his doctoral degree programme.  In between these periods, Fagbohun attended a number of short programmes one of which is the Postgraduate Diploma in International Tax Law which he did at the Robert Kennedy College, Switzerland.

    Career

    Fagbohun joined the Faculty of Law of the Lagos State University (LASU), Ojo as an Assistant Lecturer in January 1991. He rose through the ranks and by 2004, he was an appointed Associate Professor. As a resourceful and diligent faculty member in LASU, he taught various courses, including Commercial Law, Law of Insurance and Environmental Law at the undergraduate level, and International Economic law, Law and Economic Development and Environmental Law and Policy at the postgraduate level. Fagbohun was one of those whose untiring efforts led to research in, and the development of the curriculum for the teaching of Environmental Law as a young discipline in many universities.

    At various times, he served as a member of Senate of the Lagos State University (LASU); Head of Department of Business Law and later Department of Private and Property Law; Coordinator, Law Centre; Coordinator, Department of Environmental Law and Allied Disciplines of the Centre for Environment and Science Education, LASU, and was, for several years, the Editor-in-Chief of the LASU Law Journal.

    Fagbohun also served on various committees of the Faculty of Law, the University, and the University Senate. Following his satisfactory Annual Performance Report for 2007/2008 Session, and the report of the Appointments and Promotions (Academics) Committee, LASU appointed him a Professor

    In 2010, Fagbohun joined the Nigerian Institute of Advanced Legal Studies (NIALS) following a head-hunt. At NIALS, he taught Advanced Environmental Law and Policy, and Advanced Legal Methods and Research to postgraduates students. He also served in various capacities, including: Editor, the Nigerian Current Law Review; Editor, NIALS Journal of Environmental Law; Director of Studies, and Director of Research (the position he held before his appointment as Vice-Chancellor). In November 2012,  for his contribution to scholarship and research in environmental law, Fagbohun was awarded the Chike Idigbe Distinguished Professor of Law Chair by NIALS.

    Service  to the Community

    Outside his immediate work, Fagbohun has provided leadership in different capacities at state, federal and international levels. He served at different times as Project Facilitator and Resource Person to the Nigerian Bar Association ( NBA); British Council; Committee on Ecology and Environment of the House of Representatives and Senate of the Federal Republic of Nigeria; United Nations Development Programme; National Judicial Council; and several Non-Governmental Organisations. He was a member ofthe Lagos State Environmental Protection Agency (LASEPA)Technical Advisory Committee on Environmental Management and Control (Downstream Oil and Gas Sector); formerly member, Lagos State Water Regulatory Commission; Member, Expert Group for Development of Climate Change Policy and Legislation for the Federal Republic of Nigeria; National Consultant, Law and Policy for the Establishment of Project Baseline in Relation to Conservation of Globally Important Biodiversity in Nigeria; and formerly Chairman, Lagos State Local Government Election Petition Tribunal.

    Fagbohun is the Vice-Chairman, African Regional Forum of the International Bar Association (IBA); Regional Representative, Africa, Environment Health and Safety Committee of the IBA; Member, Regional Academic Network on IT policies with base at the American University, Cairo; member, Environmental Law Lecturers in African Universities; and member, Board of Trustees, Lagos Public Interest Law Partnership. He was a member of the IBA 18-man Special Expert Task Force on Climate Change Justice and Human Rights. The Task Force is working on implementing the recommendations contained in the 185-page strategic report which it put together over two years.

    Fagbohun is a member of the editorial board of various journals and chairs many editorial advisory boards.

    He has served as external examiner/assessor of Master’s and Doctoral theses for some Universities both in and outside Nigeria, including the Nelson R. Mandela School, University of Fort Hare in South Africa; and the Netherlands, and University of Amsterdam. He has acted in the United Kingdom and United States of America as expert adviser on Nigerian Law; and also served as Law and Policy Expert, Think 20 Summit/Global Policy Dialogue Platform Conference on Sustainable Development.

    Research

    In addition to his extensive publications in peer reviewed (local and International) journals, he has co-edited eight books and written a book titled: “The Law of Oil Pollution and Environmental Restoration: A Comparative Review”.

    He has delivered more than 55 invited/commissioned papers various meetings within and outside Nigeria.

    Awards, Fellowships&

    Academic Distinctions

    Fagbohun is a member of several academic and professional bodies, and a fellow of a number of national and international institutions. He has also been honoured with several awards including distinguished personality awards; distinguished speaker awards; distinguished achievements and excellence in the field of environmental law awards; distinguished teacher and mentor awards; and dedicated service to humanity awards among others.

    Personal Life

    Fagbohun hails from Akesan in the Alimosho Local Government Area of Lagos State.

    His father is the traditional ruler of Akesan.

    He is married with children.