The Nation Newspaper

Category: Law

  • Lawyer sues IGP over ‘illegal’ detention

    A Lagos-BASED lawyer, Otunba Oladipo Abijo has sued the Inspector- General of Police (IGP) at the Lagos High Court, Ikeja over alleged illegal detention.

    He and Chief Damian Osuigwe, Mr. Duru David filed the suit through their lawyer, Chief Macdonald Omolemen.

    The Assistant Inspector-General of Police, Zone 2 Headquarters, Onikan, Lagos; the Commissioner of Police, Lagos State Police Command; ACP Kehinde Oladele ;  CSP Suberu Sanni, Zone 2, CIID, Onikan, Lagos;  ASP Chime, Zone 2 CIID, Onikan, Lagos; Mr. Derry, Zone 2 CIID, Onikan, Lagos;  Mr. Nwigwe G., and Engr. Kingsley Esho are are the second to the ninth respondents.

    The applicants are praying the court to declare that their detention on the alleged instigation of the eighth and ninth respondents is unlawful and illegal and should be declared void.

    The applicants asked the court for an order of injunction restraining the respondents or agents from continuing to harass, intimidate or arrest, detain or threaten their lives.

    They also want the respondents restrained from invading the applicants’ peace, privacy, residence or seize their properties or to further cause breach of the fundamental rights of the applicants in any manner at all or whatsoever.

    They also asked for an order of perpetual injunction restraining the eigth and ninth respondents from erecting a communication mast because of its cancerous effects on the residents of 7th Avenue, HI Close, Festac Town, Lagos or taking any further steps or actions pending the determination of this suit.

    In addition, they asked for an order  restraining the respondents from taking any further steps against the applicants pending the final determination of this suit.

    The applicants sought N5million damages against the respondents jointly and severally for unlawful detention, harassment, intimidation and continued threats to the applicants.

    The applicants claimed that trouble began when the residents of 7th Avenue, HI Close, Festac Town, Lagos discovered that the eighth and ninth respondents were erecting a communication mast on the eighth respondent’s property.

    They averred that considering the danger mast normally pose in congested areas like theirs, the Chairman of the Residents Association instructed the Secretary to call an urgent general meeting where the issue of mast was brought up and the eighth respondent apologized by stating that he was ignorant of the effect of communication mast and promised to discontinue same.

    The applicants alleged that they were detained by the fifth to seventh respondents in a cell where hardened criminals are kept and that they harassed and beat them at the instance of the Police.

    Although the matter has been assigned to Justice Funmi Adeniyi, no date has been fixed for mention while the respondents are yet to file any statement of defense since the matter was filed two weeks ago.

     

     

  • Wanted: Customary Court of Appeal for Lagos

    Wanted: Customary Court of Appeal for Lagos

    How to improve justice delivery at the grassroots was the thrust of the yearly retreat/workshop for customary court presidents and judges by the Lagos State Judicial Service Commission, reports ADEBISI ONANUGA 

    The need to protect our customs  came to the fore as stakeholders in the justice sector converged on Lagos to re-appraise procedures in the customary courts.

    The occasion was a retreat/workshop by the Lagos State Judicial Service Commission for Presidents and judges of customary courts, which had as theme, “The role of Customary Court Judges in the nation’s judicial system”.

    The participants counselled the  Commission to establish a Customary Court of Appeal to strengthen the system.

    Ondo State President, Customary Court of Appeal, Justice C.T. Adesola-Ikpatt, who delivered the lead paper titled: “Jurisdiction of Customary Courts in Lagos State”, stressed the need for the Commission to develop   customary court laws and preserve it for posterity.

    She advised the Lagos Judiciary to   establish the Customary Court of Appeal to provide access, in a familiar environment, for those dissatisfied with the decisions of the customary courts.

    Justice Adesola-Ikpatt noted that the indigenous system of adjudication of disputes, which the customary courts administer has remained relevant over the years in maintaining peace and social order among a vast majority of the people. She pointed out that those subject to the system, identified with and accepted it as regulating their relationship.

    “The colonialists saw the good in our indigenous laws and system of adjudication; they respected and preserved it. True, times are changing, but the wise must do the needful to protect their customs and ways of life as depicted by our indigenous laws and system of court”, she emphasised.

    Chief Magistrate Y. O. Aje-Afunwa, whose paper dwelt on “Ethics, decorum and comportment” counselled the presidents and judges of the customary courts to be above board. “Judges are expected to rise above common heads in society, not only in our moral and social perfection and behaviour but in our intellectual performance,” she said.

    Aje-Afunwa advised the customary court judges that they and their family members “shall neither ask for nor accept gifts, bequests, favours, or loans on account of anything done or omitted to be done in the discharge of their duties”.

    She urged them to shun nepotism and favouritism, disqualify themselves in a proceeding where their impartiality might reasonably be questioned and requlate their ex-parte judicial activities to minimise the risk of conflict with judicial duties.

    Aje-Afunwa, however, said: “Judicial officers shall be free to join associations of judges or other organisations to represent their interest to promote professional training and protect their judicial independence.”

    The Executive Secretary, Judicial Service Commission, Ayodele Odugbesan,  appealed to the Attorney-General to ensure that the proposed amendments to the Customary Courts Law 2011 are effected as soon as possible.

    “We believe that the amendments will be beneficial to us and spur local government authorities to meet their obligations especially since they requested that these courts be established in their communities,” she said.

    Lagos Attorney-General and Commissioner for Justice, Adeniji Kazeem, who delivered the keynote address, promised to review the Customary Court Law 2011 to increase the jurisdiction of the courts in criminal matters.

    Kazeem, who was represented by the Solicitor-General, Funmi Odunlami, gave an indication that the Lagos House of Assembly was reviewing the law.

    He told them that for now, they would have to continue to dispense justice under the  Customary Courts Law  2011, which earlier increased the jurisdiction of the customary courts in respect of administration of estates of persons who died interstate to N500,000, while the jurisdiction of the courts was limited only to contempt of court committed in the face of the court in criminal aspect.

    The Chief Judge of the State, Justice Olufunmilayo Atilade, who was represented by Justice Taofikat Oyekan-Abdulai, said the state has been a pacesetter in the administration of justice and urged them to always uphold the truth.

    Justice Atilade advised that the tradition of the people in their locality should guide them when dispensing justice, adding that they should not apply common law in all cases.

     

  • ‘Review Electoral Act’

    Civil society groups, the Human Rights Law Service (HURILAWS) and One Voice, have called for an amendment of Section 137 of the Electoral Act 2010 which provides that only candidates and political parties can file a petition at a tribunal.

    They said the law should be more explicit as to who can bring an election petition, especially as regards candidates who are unlawfully excluded from contesting elections.

    Registered voters who are denied their rights to vote should also be able to ventilate their grievances at the tribunal, the groups said.

    “This provision is too restrictive and excludes the electorate from whom power ordinarily derives from the electoral adjudicating process,” they said.

    HURILAWS’ Senior Legal/Programme Officer, Collins Okeke, at a media briefing in collaboration with One Voice on the review of the 2015 election petitions process, also decried difficulties in accessing electoral materials by petitioners.

    Okeke said justice could be denied petitioners because the Independent National Electoral Commission (INEC) is sometimes willfully uncooperative in making materials needed as evidence readily available.

    “This raises the question of the propriety of the election documents being left with INEC after an election. The question would be whether agencies such as the National Library and the Central Bank of Nigeria (CBN) can play a role in this regard,” he said.

    The groups also want the rule on non-compliance with the Electoral Act reviewed.

    “It is recommended that in examining substantial compliance, adherence to the whole provisions of the Act from the registration of voters to the announcement of result shall be factored into such an examination,” the said.

    The groups urged the National Assembly to “take another look” at Section 285 of the 1999 Constitution which places 180-day timeline on election petitions, saying there was little or no justice in some election petitions.

    Chair, One Voice Media Committee, Pastor Deji Adeleye, said INEC should be unbundled in terms of electoral offences for an effective prosecution of electoral offenders.

    He questioned the need to conduct a re-run election in areas where voters rejected card readers. To him, an election should not be declared inconclusive in such places, as happened in Kogi State.

    On independent candidacy, Adeleye said Nigeria was not ripe for it as powerful individuals could hijack and abuse it since such persons will not be subject to a political party’s disciplinary regulations.

    Besides, it will further create additional burden on INEC. “I’ll recommend it at the local government level,” he added.

     

  • ‘How to make ACJ Act work’

    ‘How to make ACJ Act work’

    Appellate courts have been urged not entertain interlocutory appeals emanating from corruption cases in defiance of provisions of the Administration of Criminal Justice Act (ACJA) 2015.

    Experts said the ACJA should be further amended to provide for sanctions for non-compliance with its provisions.

    Besides, the Federal Government should initiate the amendment of the 1999 Constitution to incorporate the provisions of Section 306 of the ACJA.

    These are contained in a communique issued at end of a workshop on sections 306 and 396 of the ACJA in Abuja.

    It was organised by the Centre for Socio-Legal Studies (CSLS) and the Presidential Advisory Committee on Corruption (PAAC).

    Speakers, including Vice-President Yemi Osinbajo (SAN), represented by PACC chairman Prof Itse Sagay (SAN); and Attorney-General of the Federation Abubakar Malami (SAN), said the Federal Government considers the Act an important platform for reform of criminal justice administration.

    The communiqué reads: “The Act must be given purposive interpretation and application by the courts so that cases are adjudicated with the urgency required.

    “The courts are enjoined to give literal interpretation and full effect to sections 306 and 396 of the Act so to avoid unnecessary and frivolous interlocutory applications which are meant to delay trials especially of corruption cases.

    “The courts should adopt the wasted costs mechanism to deter counsel from seeking frivolous adjournments.”

    Participants urged the judiciary to develop a strong national judicial policy which should prohibit the abuse of interlocutory applications and injunctions.

    The communiqué, signed by CSLS President Prof Yemi Akinseye-George (SAN), added: “The Federal Government should make adequate budgetary allocations to enhance the implementation of the innovative provisions of the ACJA, including payment of witness expenses, training and motivation of prosecutors, investigators and judges in the light of the huge workload occasioned by the Act.

    “Public commentators should desist from blanket condemnation of judges as there are still many hardworking and incorruptible judges in the country.

    “The Federal Government should endeavour to pay the salaries of judges regularly and make provisions for their security and retirement benefits.

    “States of the Federation which have not already done so should domesticate the ACJ Act using the Federal Act as a template.

    “The media should be more vigilant in naming and shaming lawyers especially senior lawyers who employ dilatory tactics to delay the trial of corruption cases and judges who tolerate such tactics.”

    The participants appealed to PACC and Malami to throw their full weight behind the proper application of the ACJA 2015 as a potent instrument for the fight against corruption.

     

     

     

     

  • Chartered Arbitrators admits 176

    Chartered Arbitrators admits 176

    Tributes were not in short supply as Nigeria’s first and oldest woman Senior Advocate of Nigeria (SAN), Chief Folake Solanke was made a honorary Fellow of the Chartered Institute of Arbitrators Nigeria, alongside 175 others.

    Solanke, 83, was conferred with the award along with Supreme Court judge, Justice Chima Nweze, and 76 new Fellows and 98 Associates, at the institute’s yearly President’s Dinner/Induction and Awards on Saturday at the Oriental Hotel in Victoria Island, Lagos.

    Called to the English Bar ‘in absentia’ in May 1963, Solanke was elevated to the rank of Nigeria’s first lady Silk in 1981.

    She hailed the Chartered Institute of Arbitrators Nigeria for promoting the culture of arbitration, which is faster and less expensive than the regular adjudication system.

    Solanke said: “Indeed, it is beyond debate that the regular court system is excruciatingly slow and expensive. Such inordinate delays are a waste of valuable time and a serious breach of the oft-quoted dictum: ‘justice delayed is justice denied’ .”

    The institute, she added, had shown its commitment to fostering qualitative knowledge of arbitration through rigorous training programmes, seminars, workshops and interactions with corporations and others.

    The President/Chairman of the Governing Council of the institute, Aare Afe Babalola, could not attend the occasion, but the institute’s vice president, Prof Fabian Ajogwu (SAN), delivered the opening remarks.

    The Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, was represented by CBN Deputy Governor (Financial System Stability), Dr. Okwu Nnanna.

    The ceremony featured the elevation of 78 members to Fellows of the institute and the induction of 98 new associates as well as presentation of certificates and prizes.

    Notable recipients include Justice Tijani Abubakar of the Court of Appeal, Justice Rita Ofili-Ajumogobia of the Federal High Court, lawyer-activist Mr. Femi Falana, several justices, SANs and professors.

    The Chartered Institute of Arbitrators Nigeria is the first indigenous body of professional arbitrators and is at the forefront of the development of alternatives to litigation in the country.

     

  • ‘CCT can’t proceed with trials while its jurisdiction is being challenged’

    The Composition of the Tribunal is stated in paragraph 15(1) of Part 1, Fifth Schedule of the 1999 Constitution.

    It shall consist of a Chairman and two members. The expression “shall” is mandatory. The qualification of the Chairman is prescribed.  Although by paragraph 15(3) the Chairman and the members shall be appointed by the President in accordance with the recommendation of the National Judicial Council, the qualifications of the other two members are not prescribed. It is however unarguable that there shall be three members to constitute the Tribunal.

    In sub-paragraph (4) of Paragraph 15, the National Assembly is empowered by law to confer on the Code of Conduct Tribunal, such additional powers as may appear to it to be necessary to enable it more effective to discharge the functions conferred on it in this Schedule.

    Paragraph 12(1) – (4) provides for the tenure of the Office of Chairman and Members of the Tribunal.

    Paragraph 18 (1) – (7) provides for the powers of the Tribunal i.e. the jurisdiction of the Tribunal which is found in Part I paragraph 1–13 of the Fifth Schedule.

    In addition paragraph 18(2) which prescribes the punishment is specific as to the nature of the powers of the Tribunal. This is paragraph 18 (2). Paragraph 18(3) enlarges the punishment to include the penalties that may be imposed by any law where the conduct is also a criminal offence.

     

    Analysis of the provisions

    It appears from the enabling law that the jurisdiction of the Code of Conduct Tribunal is confined and limited to the conduct clearly outlined in paragraphs 1–13 of the Fifth Schedule. The conduct proscribed has been stated in considerable detail and appears to be exhaustive. These are the only powers it can legally and lawfully exercise.

    It is pertinent to observe that the law which enables the Code of Conduct Tribunal 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.  Epressio unius est exclusio alterius.  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.  See also the definition of misconduct in paragraph 19.

    Again paragraph 18(6) has stated clearly that a finding of guilt by the Tribunal for contravention is not a conviction for an offence in a Court of law.  Thus rejecting the defence of autrofois convict or acquit.

    The interpretation provision of paragraph 19 has defined misconduct in the Code to “mean breach of the oath of allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities”.

     

    • To be continued next week

     

     

     

  • ‘How international law can aid development’

    A careful application of international law principles can aid Nigeria’s quest for rapid economic growth, a former Nigerian permanent envoy to the United Nations, Ambassador Ayoola Olukanni, has said.

    Olukanni, who delivered a speech titled: ‘International law and development process in developing countries: reflections on Nigeria’s experience’  at the 30th anniversary of the Masters of International Law and Diplomacy (MILD) programme of the Faculty of Law, University of Lagos (UNILAG), said some of the policies implemented in the country are based on international law.

    He said: “Nigeria has benefited from the international development process and also relied on international law, norms and soft laws to advance its quest for development. Take for example the Better life for Rural Women programme; it was inspired by the International Conference on Women and Development in Nairobi in 1985.”

    One of the participants, Mr. Wahab Shittu, said President Muhammadu Buhari’s anti-corruption reputation had made him the right person to launder Nigeria’s image through international law processes.

    Shittu said: “President Buhari seems to have started well by trying to shore up the international image of Nigeria, and his track record of discipline, integrity and anti-corruption is working very highly for Nigeria now.

    “So, we can say that we have the appropriate foundation to build on by virtue of the international recognition that the president presently enjoys. But you know international respect, credibility and recognition is not hinged on just one man alone, we need to change our attitudinal chemistry; the negative image about Nigeria must change.”

     

     

  • ‘Child’s Right Law needs more awareness’

    Lagos State has called for more awareness on the Child’s Rights Law to protect children from abuse and violence.

    Attorney-General Adeniji Kazeem, who spoke during activities to mark the World Human Rights Day, affirmed his commitment enforcing children’s rights.

    He said: “This year’s theme, Empowering the Nigerian child, has been selected to create awareness on the rights of the child, restore their confidence and self-esteem, improve their status as well as empower children with disability to fully enjoy their rights.

    “It is important for all parents, guardians and caregivers to painstakingly care for and nurture children in order to develop their potential so that they can contribute to the development of the state.”

     

     

  • Okunnu, Banire advocate reduction of property registration cost

    Property law experts has urged the Lagos State Government to reduce the cost of registering land and other property so that more people can easily obtain their titles.

    According to them, the high fees discourage people from registering their property, with the government losing more money that it makes.

    They made the call at a workshop on the Lagos State Lands Registration Law 2015, organised by the Department of Private and Property Law, Faculty of Law, University of Lagos (UNILAG).

    A former Federal Commissioner of Works, Alhaji Femi Okunnu (SAN); former Lagos Commissioner for the Environment Dr Muiz Banire (SAN) and Dr Abiola Sanni of the Department of Commercial and Industrial Law, UNILAG said if possible, title registration should be free.

    Okunnu said fees charged at the Land Registry should be minimal so that people can afford to register their property.

    “The excessive fees charged by Lagos State Government deters people from registering their documents,” he said.

    Banire said if the cost is reduced, more people will register their titles and the government will earn more money than it presently does.

    “The government seems myopic. If you lower the amount chargeable, the turnover will even be higher than what they’re getting now,” he said.

    Sanni believes registration should be very low, or free if possible, because land registration ideally should not be a primary means of generating revenue.

    He said: “Ideally the purpose of registration is not mainly to generate revenue but for management/regulatory purposes, while the essence of taxation is revenue generation.”

    A former Lagos Attorney-General, Mr Olasupo Shasore (SAN) urged the state to make the process of obtaining land and property documentations transparent and less cumbersome.

    He also urged the government to ensure increased transparency in its land management process, so as to increase confidence in the system and build its credibility.  Shasore called for the abolition of what he called an anomaly of a Federal Lands Registry in Lagos, saying it is unconstitutional.

  • Four re-arraigned for alleged forgery, threat to life

    Four princes from the Oluwa chieftaincy family have been re-arraigned before a Lagos State Chief Magistrate’s Court sitting in Ikeja over allegations of forgery and threat to the life of the incumbent Oluwa of Lagos and Apapa, Chief Mukaila Lawal Oluwa.

    The defendants, who were earlier arraigned on August 26, 2014 before Chief Magistrate Akinde, are Abayomi Shamsideen Oluwa (62), Ismaila Abayomi Oluwa (67), Tajudeen Ototo Oluwa (58), and Muse Adegboyega Oluwa (56). They pleaded not guilty to all the count charges.

    The new trial Magistrate A.A. Adesanya allowed the defendants to continue on their bail after their lawyer, Mr. Ismaila Adebowale pleaded on their behalf.

    The police said the defendant, on March, 2013 at about 12.30 pm, allegedly conspired amongst themselves to forge the official stamp of the High Court of Lagos as well as the signature of a Principal Registrar.

    The alleged offence is punishable under Section 363(2)(b) of the Criminal Laws of Lagos State 2011, the police said.

    They were also alleged to have in November 2013 at about 3pm at Nwokolo Street, Apapa, Lagos, threatened the life of Chief Mukaila Lawal Oluwa, the Oluwa of Lagos and Apapa, with cutlasses and other dangerous weapons, thereby committing an offence punishable under Section 56 of the Criminal Laws of Lagos State 2011.

    Led in evidence-in-chief by the police prosecutor, Inspector Gorge Nwosu, Chief Oluwa said the defendants took part of a ruling by Justice Ibironke Harrison and supper-imposed words that did not emanate from the judge and put up a public notice.  He tendered the April 22 ruling in Suit No: LD/1420/2010, in which the judge directed the parties to retract the notice.

    Justice Harrison ruled: “The court observes that both parties appear to have misconceived the scope of the order of interlocutory injunction granted by the court on the 21st day of February, 2013.  The above resulted in the purported certified true cope of the public notice attached as Exhibit AR3 to the 1st defendants application dated 18/3/2013, which is not a document originating from the court but which bears the signature and name of the court registrar Mrs. A. Akinola and was purportedly certified by H.S. Adeniyi Principal Registrar an official of the court.

    “From a closer look, it appears that a portion of a regular and valid order of court was super-imposed by whatever electronic means on the said public notice which was alleged to be issued under the hand and seal of the presiding judge.

    “The court agrees with the counsel for the 1st defendant that the above nefarious act was carried out to give the impression that the said document originated from the court and while the claimants counsel attributes the said action of the claimants (which included smuggling an order that was not granted by the court into the purported public notice) as over zealousness, the court finds that it amounts to forgery and that the said action is condemned in the strongest terms as it was intended to mislead and confuse, and the intention was completely mala-fide”, the judge had ruled.

    Further hearing has been adjourned till December 14.