Ahead of next July’s Nigerian Bar Association (NBA) election, the Arewa Lawyers Forum (ALF) has begun the screening of candidates.
The offices of the President and First Vice-President have been zoned to the North in line with NBA’s amended constitution, which was ratified at the Annual General Meeting (AGM) last August.
At a meeting held at the Bauchi State Government House, the group considered letters of intent members.
Those who indicated interest are: Chief Joseph-Kyari Gadzama (SAN) and A. B. Mahmoud (SAN) for President; Caleb Dajan and Ibrahim Aliyu Nasarawa for the office of the First Vice-President; Dr. Dauda Benedicta for Treasurer; Joshua B. Usman for the office of Welfare Secretary; T. T.Igba for Welfare Secretary and R. O. Balogun for the office of National Legal Adviser
After due consideration of the letters of intent, the forum agreed to “extend time for the filing of letters of intent to enable members, who had not received the text massages, but wish to contest the election to file in their letters of intent within the next two weeks so that nobody is left behind in the election.”
The forum agreed to set up a seven-member committee to determine the candidates’ eligibility.
Chairman of the Forum, Bauchi State Governor Mohammed A. Abubakar, promised to convene another meeting as soon as he receives the committee’s report.
This, in his view, would enable the forum to adopt the candidates they will present to other fora for the election.
Abubakar said: “We will look at the report and see how best we can assist our members and see if there are other positions they can vie for or at most step down their ambitions.
“In the last election, we lost a very critical office by presenting two candidates for the same office.
“If you add the votes two of them scored in that election, then you will see that we would have won that election if we had presented one candidate from ALF
“Therefore, we are extending the submission of letters of intent by two weeks. After two weeks, the committee will settle down for work and whenever I receive a signal from them, that they have finished their work, I will call for another meeting of ALF in Bauchi.“
The seven-member committee has the Vice chairman of ALF Mr. Garba Pwul (SAN) as chairman and Mr. Lukas Haruna as secretary. The committee has two members from each of the three geo-political zones in the North.
In the course of the meeting, former NBA Jos branch chairman Mr. Caleb Dajan stepped down from contesting for the office of first Vice -President.
He said: “Though I had contested for this office once, I am stepping down my ambition now to give Mr. Ibrahim Nassarawa the opportunity to contest, this is to maintain peace and unity in ALF.”
The chairman praised him for the sacrifice and urged other contestants to cultivate such spirit.
Chairman of Lafia branch, Mr O. G. Akakaa urged ALF members to pray for his branch, which lost three lawyers in one month.
The deceased lawyers are Justina Ani, Innocent Adole and Kenneth Ogeni, who relocated to Lafia from Maiduguri where he was practicing because of Boko Haram insurgency and died last month.
It was also reported at the meeting that Kaduna Branch lost two members, namely Charles Mafua and Isa Alabara.
Gadzama praised the forum for the quality of its leadership.
“ALF has the best quality of leadership amongst the three fora of the NBA because it is the only forum that has a sitting state governor as chairman, a Senior Advocate of Nigeria as Vice chairman and a sitting state Attorney-General as Secretary, though the Eastern Bar Forum (EBF) is the forum to beat in terms of organisation, focus, unity and vision.
“If at the end of the day, this forum asks me not to contest for the Presidency of the Bar, I will not contest. If the committee says No, J.K is not qualified I will not contest.”
Mahmud praised the governor for his leadership qualities and urged the forum to do its best at all times.
The chairman thanked members for their confidence in his leadership and assured that he would always be fair, transparent, credible and provide a level playing field for all to get the best from NBA.
Section 31 of the Criminal Code: “Any person who levies war against the state, in order to intimidate or overawe the president or the governor of a state is guilty of treason and is liable to the punishment of death.
“Any person conspiring with any person, either within or without Nigeria, to levy war against the state with the intent to cause such leving of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to punishment of death.”
Section 41 of the Criminal Code: “Any person who forms an intention to effect any of the following purposes that is to say: To remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander in Chief of the Armed Forces thereof; or to likewise remove during this terms of office the Governor of a state or to levy war against Nigeria in order to put any force or compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other legislative or legislation authority or to instigate any foreigner to make any armed invasion of Nigeria or any of the territories thereof and manifests such intention by an over act is guilty of a felony and is liable to imprisonment for life.”
The Eastern Bar Forum (EBF) of the Nigerian Bar Association (NBA) has honoured Justice Walter Samuel Nkanu Onnoghen of the Supreme Court.
The event was preceded by a welcome gala night organised by the Chief Judge of Cross River State, Justice Okoi Ikpi Itam.
He said the Bar and Bench must work together for a better society. He noted that the oldest Bar was in the city, recaliing that Asuquo Etim Inyang as the first Nigerian lawyer to be called to Bar.
Governor Ben Ayade, represented by the Speaker of the House of Assembly, John Lebo, urged the EBF to uphold the rule of law, equity and justice.
He urged the lawyers to pay special attention to the challenges of climate change and other emerging areas of law.
• Ekong
Chairman, Governing Council of the EBF, Mr. E.O. Ekong explained was Onnoghen was honoured.
“We cannot do without our founding fathers. We cannot throw away their experience, so we must try as much as possible within our powers to make sure that we are constantly receiving proper guidance from our seniors and move according to their counsel so that we do not go astray, that is my humble view.
“My advice to lawyers who attended this programme is to listen to our seniors, learn from their wealth of experience and do whatever they tell us, we cannot go astray.”
Calabar Banch Chairman of NBA Mr. William Anwan vowed to improve the welfare of lawyers in the state.
“When I contested for the Chairmanship of Calabar branch, I promised that I will encourage mutual relationship and mutual respect between the Bar and the Bench. That is what played out here.
“Everybody is happy. The lawyers are happy; the judges and justices are happy. The truth is that the Bar and the Bench are inseparable and I do everything to make them know that they are products of the Bar.
“It is like a mother-children relationship. We, the Bar produced the judges. We honoured one of our judicial icons Justice Onnoghen. Those who are familiar with the politics of the Supreme Court will know that this is not a small feat
“The first lawyer in Nigeria was from the Eastern Region, though we are yet to confirm details. We were told that Sapara Williams was not truly a Nigerian, but was a Nigerian by naturalisation. He was a Sierra Leonean returnee, who came to Nigeria and settled here.”
Chairman of the Local Organising Committee, Mr. Mba Ukweni described the honour done Justice Onnoghen as a success.
Former Chairman of Ogoja branch of the NBA, Mr. Marc Enamhe, added: “The meeting was well organised, the turnout may not be huge, which may not be unconnected with the financial condition of the country and the ongoing election petitions across the country in which many of our lawyers are involved here and there. Everything has gone well.
“The honour conferred on Justice Onnoghen is well deserved and I congratulate him for that.”
On how to raise the standard and sustain excellent leadership for the EBF, Enamhe said: “We can get it right if we become the agents of change and if we stick to self discipline.”
• Gov Ayade
Chairman NBA Owerri Branch Mr. Stanley Imo praised the EBF governing council for a successful meeting.
“I congratulate My Lord Justice Onnoghen for the honour done to him. It is an honour well deserved. I had appeared and argued cases before him, so I can testify that he is one of the best we have in the country.
“I am happy for him and I’m equally congratulating the new governing council of the EBF for a good outing,” Imo said.
Former NBA Calabar Branch chairman, Mrs. Nkoyo Amah said she was excited that EBF was able to host its maiden meeting successfully.
EBF Secretary Mr B.O. Aguigwo called for support for the forum’s new council.
“Ekong’s programmes are well thought out and are geared towards moving the organisation to the next level. He is poised to leave a better EBF than we met it,” he said.
The Lagos State Domestic and Sexual Violence Response Team (DSVRT) will on November 27 and 28 stage a play as part of its advocacy on elimination of violence against women and the girl-child.
Titled: A Past Came Calling, the play will feature internationally acclaimed Nollywood actress, Joke Silva.
The producer, Gbemi Shasore, said the stage play, written by Uche Abriel, is part of the awareness and advocacy activities in support of the International Day for the Elimination of Violence Against Women on November 25.
It is being held in partnership with The Simi Johnson Trust for Women and Girls.
She said: “Domestic violence statistics indicate an increase from 21 percent in 2011 to 30 percent in 2013.
“The economic impact of domestic violence is significant and there is evidence that stability in family life can result in an increase of as much as ten percent of national productivity.”
Shasore hoped that the play will increase awareness on Sexual and Gender-Based Violence, the relevant provisions of the Criminal Law of Lagos State, 2011, the most recent Violence Against Persons Prohibition Act 2015, as well as highlight the support services available to victims and the society at large who want to report.
Plateau State Governor Simon Bako Lalong was Assistant Secretary of Jos branch of the Nigerian Bar Association (NBA). He was at the International Bar Association (IBA) conference in Vienna, Austria, where he spoke to select journalists. Legal Editor JOHN AUSTIN UNACHUKWU was there
The African Regional forum of the International Bar Association (IBA) urged African lawyers to up their ante to the challenges of globalisation. How can this be actualised?
We can do this through discipline and upgrading our training in the profession. The issue of mandatory legal education is now imperative. The legal profession is dynamic. The scope and dimensions of practice broaden every day. So, lawyers must be acquainted with these developments and must be ready to diversify their practice areas in order to fit into the world order. Not only that, we can achieve that through outreaches as well as embracing international best practices in all aspects of our practice.
How did the discussions here affect us as a country?
From the contributions made at the conference, you can see that we still have a long way to go in Nigeria. We need to upgrade our legal system and our level of practice. We now see ourselves in a global community and with the use of information technology, those are the things that we definitely need in the training of lawyers and in actual practice. The facilities too! It is quite sad that in Nigeria, when people are talking of high technology in practice for judges, we are still taking proceedings in long hand. Not only the lawyers, but the judges need this mileage to be able to compete in the global community.
You have been on the saddle now for about six months as governor. What have been the challenges?
When I was contesting for the governorship of Plateau State, I knew I was going to get a lot of challenges. Really there are lots of challenges in the state, which include the issue of insecurity and inability to pay salaries. I saw them as issues I was going to tackle and focus on if I won the elections.
How do you intend to to transform the justice sector?
Well, I inherited a judiciary that was on strike for over one year due to lack of payment of salaries. It was a problem that emanated from a court judgment. We inherited a very seriously debilitated structures in the judiciary.
So, what have you done to address these challenges ?
Well, I foresaw these when I was Speaker. We were going to pass a Bill to to review all our laws, but shortly after we were booted out of office. As it is now, it is part of my programme. I have told them that I am going to embark on a very serious reform of the judiciary. Not only in the judiciary, but in other sectors. Already, a committee has been set up to that effect. I am waiting for the report of the committee. Once I get it, I will take off from there. In the main time, I am also in talks with the Judiciary Staff Union of Nigeria (JUSUN) to see how we can take care of some of their issues. For the judiciary, we are already renovating the courts. If you go to Jos now, in the first 100 days, we are renovating them. We are also working on mobility for the judiciary. In fact, I will not be the one to talk about these things. If you meet lawyers and judges in my state, they would be the one to talk.
Part of the reasons for the JUSUN strike was the issue of financial autonomy for the judiciary. What is your position on this?
I have had cause to discuss that issue with some of the governors and we have a problem with that situation. But, however, on different levels, some governors are already implementing it. I am implementing some part of it, but some of the decisions of the court go contrary to the spirit and letters of the Constitution. The judgment said everything should be taken back to the judiciary. Who will be checking the judiciary? What would be the role of the executive? Is it not execution? Are you saying that for contract implementation, you take it to the judiciary? Why is there an executive then? You are saying there should be separation of powers without interference; that is not the concept of separation of powers.
In Nigeria, there is a culture of secrecy in court proceedings such that trials cannot be recorded. What is your view on this?
Transparency is the watchword. With what the president is doing now, they don’t need to tell you in each state to look at transparency as a cardinal principle. We are taking a gradual step. Although it might not be a one day thing, but we must start somewhere. The emphasis is that having come to this conference and listened, the emphasis should be to start practicing them. That is the advantage of going to conferences like this.
You set up a committee to handle the disbursement of the bailout fund . Why did you do that?
I set it up to maintain transparency. In everything that we do in my state, I will ensure that there is transparency. Before the bailout fund, I told my people that I would not wait for it; that we are going to do everything possible to solve the problem. Out of eight months that were owed them, we paid six. Some of them were asking me how I did it in a very short time with minimum funds. And I said it’s discipline. So, when the bailout fund came, I didn’t pick anything from it. I called them for a meeting.
Before then, people were saying it was the bailout funds that I was using, but they knew when it was released. I told them I needed to set up a committee immediately. And so, I set up a committee made up of labour and civil servants. Everything that was done was without me. They were the ones deciding how to apply the funds. I was informed that they have exhausted the first part of the bailout. They have paid all the salaries and everybody is happy.
The next bail out is coming because we applied for N10 billion, but ours was given in two bits. The first N5 billion came, which they have exhausted and we are waiting for the balance. So, the bailout is strictly within the committee for transparency. The governor is not involved at all.
How do you monitor implementation?
It is not only the payment. We told them that they should tell us what next after the bailout in order to sustain the civil service that we have. They have the mandate to work out how to raise revenue because the bailout will not be coming frequently. They are the ones to decide whether we would downsize or not. The bail out is a warning that something was wrong and not a luxury. We don’t want to continue with what was wrong.
Before then, I also shared my view with them on what I think might be done to raise revenue to sustain the civil service and make them very comfortable. Not only the civil servants, I told them that there were so many people on the street looking for job. What are we going to do so as to create employment for them? Don’t think that the entire revenue of the state is going to be for the payment of salaries. We must also improve on infrastructure. We must provide health facilities, education, which is very important.
My Head of Service is the chairman of that committee; the Accountant-General is there too. They are working hard, not only on the payment of salaries, but also trying to ascertain the workforce that we have. There are so many ghost workers.
A committee was set up to do verification and for eight years, that committee did not bring any report. But I gave them one month, insisting that that committee must conclude both for the state and the local governments within one month and they turned in their report in one month.
Now I know where those loopholes are. So, if we are able to block those loopholes, definitely there will be room for employment. It has to do with discipline and monitoring of what we have as our funds.
A High Court in Sagamu has adjourned till December 8 a suit by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe as Odemo of Isara, Remo.
Justice A. A. Babawale fixed the date after asking parties to file the issues for determination.
The co-defendants in the suit with number HCS/158/2013 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; 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; Commissioner for Chieftaincy and Local Government and the Attorney-General as second to 18th defendants.
Although the matter was slated for mention last week, counsel to the claimant, Mrs. U. S. Ihekoronye prayed the court to fix a date for pre-trial conference (PTC) as they had all filed necessary processes.
She said her client had earlier filed his reply to the statement of defence and defence to the counter claim of the first, second, sixth to tenth and 14th defendants.
Ihekoronye explained that they did not file statement on issues for determination in the matter because the former trial judge, Justice Olugboyega Ogunfowora, did not ask for it.
Counsel for the defendants, A.O. Odusanya confirmed Ihekoronye’s submissions.
Justice Babawale ordered the counsels to file all necessary processes in the matter, including new ones, if any, before the next adjourned date.
In his 32 points’ statement of claim, Prince Odunsi , who is a direct descendant of the late Oba Oyemade Mayungbe and progenitor of Erinsiba-Ayoledoye Ruling House had averred that he is lawfully entitled to the stool of Odemo of Isara-Remo.
Odunsi gave a chrological order of the obas produced by the ruling house and averred that their progenitor was Rosanlu, who was also known as Erinsiba “begat Oyetade who in turn begat Oyemade, also known as Mayungbe alias Ayoledoye”.
The claimant added that Mayungbe had four wives, Arobo being third. The claimant averred that as at the time Mayungbe, also known as Ayoledoye, married Arobo, who hailed from Akure, she came with a male child named Ogunsakin from her earlier marriage andwhen he later became king, he accommodated Ogunsakin in the palace.
According to the claimant, when Oba Oyetade Mayungbe ascended the throne, and in order to differentiate Ogunsakin, his stepson and an outsider, from other children in the palace, he made Ogunsakin an “Odi” meaning a servant to the king.
He averred that under Yoruba custom and tradition applicable in Isara-Remo, an “Odi” is not a member of a ruling house and can never qualify for nomination into 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 generally, an Odi (servant of the king) or any of his descendants is not qualified to contest for the stool; that the first defendant’s late grandfather and father, 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.
In their statement of defence and counter claim, the first, second, sixth to tenth and 14 th 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 16th defendants 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 tenth and 14th defendants 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 Arobo’s child, he was not fathered by the late Oba Mayungbe and that the late monarch was never a trader who lived in Akure. The claimant averred that as at the time Mayungbe married Arobo, he was already a king in Isara and married to two wives.
He averred that it was while he was on the throne that Arobo came to Isara with a child known as Ogunsakin and was accomodated in the palace because she had no place to sleep. He added that Oba Mayungbe later took interest in her and married her.
He therefore prayed the court to dismiss the counter claim of the defendants with punitive costs.
The stool has been vacant since the death of the former occupant, Oba Idowu Onadeko about eight years ago.
The Nigerian Bar Association Section on Business Law (NBA-SBL) has backed moves to amend the Corporate Affairs Commission (CAC) Act.
The section’s Vice-Chairman, Mr. Olumide Akpata, said it would work with CAC on reforms and in amending outdated aspects of the law.
The commission has said from January 1 next year, it would no longer accept physical filing of documents, as everything will be done online.
Apata spoke in Lagos at a sensitisation workshop jointly organised by CAC and NBA-SBL to enable lawyers interface with CAC for better service delivery.
He said: “That law needs a little bit of a reworking just to bring it in tandem with current practices. I think there’s work going on in that direction.
“One of the things we want to do with this collaboration is to look at the laws and identify areas we think need amendment and work with them to present them to the National Assembly and see to those amendments being passed into law.”
According to Apata, there are “loads” of areas that need amendment, an example of which is the share capital a company must have before it can do certain type of businesses.
“It is not only a CAC problem but a regulatory one. In other countries of the world, you don’t have those kinds of issues where somebody says you must have N10million share capital before you can register a company,” he said.
Apata thinks lawyers should go beyond incorporating companies for business owners, who he believes can do it themselves with the new CAC online platform.
He said: “We want to move away from a situation where all a lawyer does is set up companies. In the world today, and that’s just the reality, a man who intends to set up a business should be able to sit down in the comfort of his office or his study and set up one.
“So, we need to adapt and find out ways of ensuring that we’re able to still be of service to the average businessman. There must be ways in which we’re needed.
“I don’t think we should ever consider ourselves or set ourselves up as an impediment to people being able to set up their own businesses. Nigerian lawyers are smart enough to make the best of the situation.”
Co-Chair of the SBL-CAC Joint Working Committee, Mr. Moyosore Onigbanjo (SAN) said incorporating a company should not be a herculean task.
“We’re concerned with the ease of doing business. We feel that Nigeria should be a leader in terms of its economic might in Africa. Nigeria should also be the leader in terms of the ease of doing business. That is why we convened this workshop to iron out areas practitioners and stakeholders have issues with.
“The main issue is that the CAC, which it has demonstrated, should be able to do business online, so that I don’t have to go to Abuja to conduct business. I don’t have to go to Alausa or Yaba where they have offices, that I can sit in my room and get my business done,” he said.
CAC Registrar-General, Bello Mahamud, represented by his Special Adviser, Alhaji Garba Abubakar, said with the launch of the Companies Registration Portal (CRP) in February, businesses can be registered online.
“While the commission has taken a giant step in providing a comfortable platform that will enable customers pay every filing fee to the Treasury Single Account with the CBN without difficulty, it has ensured that any complaint arising from this new filing regime is treated with utmost dispatch,” he said.
According to him, previous software had several limitations, including inability to make online real-time payment, which he said have been addressed.
Speaking with newsmen, Abubakar said with the reforms, the commission’s nodal offices in Enugu, Lagos, Kaduna, Kano and Port Harcourt have commenced start-to-finish registration of companies. Customers need not to go to Abuja for certificates.
“The thinking is that everything you want to do with CAC, you have to do it in Abuja, but that has changed. Whatever you can get in Abuja, you can get it in Lagos and most of our offices outside Abuja.
“People can process their registration in Lagos without having to come to Abuja. They can get their certificates within the same 24 hours that we process in Abuja.”
Announcing some of CAC’s new policies, he said: “One is the collaboration with the Federal Inland Revenue Service (FIRS) towards integrating electronic stamping of documents into the registration portal. Some of the post-incorporation modules in the company registration portal will come into place in January.
“The third one is that from January 1 next year, every customer that wants to deal with CAC must do it electronically. We’ll not accept physical filing of documents in our offices,” Abubakar said.
A secret investigation conducted by the Lagos State judiciary has revealed that junior bank workers who are caught and prosecuted for electronic or card fraud are usually stooges of senior bank officials.
The Chief Judge of Lagos State, Justice Olufunmilayo Atilade, who made this revelation during the 6th Annual Payment Systems and Fraud Conference of the E-Payment Providers’ Association of Nigeria (E-PPAN), added that bank workers are usually reluctant to appear as witnesses in court and when they do, the evidence they provide is usually “against logic.”
Mrs. Atilade, who was represented by the Deputy Chief Registrar of the Court, said: “The rate of electronic fraud in banking is alarming. From evidence before the courts the involvement of workers in financial institutions in aiding most of the fraud, is established.
“Every time we have a case of somebody losing money from card fraud, money transfer or something like that, we find out that bank workers don’t like to come to court to give evidence.
“Even when they come they give evidence that is against logic, and, of course, there’s no way we can convict on the basis of such evidence.”
Mrs. Atilade added that junior workers such as cleaners or gatemen are usually used to commit such fraud.
“We have also established that most of the defendants are workers within the banks, they could be cleaners or even gatemen.
“Secret investigations have revealed that it is those who are supposed to be their managers, those who are in charge of ATMs that actually release cards to these junior bank officers to go and get money from someone’s account.
“But of course this is a secret investigation there’s no way we can rely on that to secure convictions.”
Speaking earlier, Susan Potgeiter, the head of the Commercial Crime Office, South Africa Banking Risk Information Centre (SABRIC) called on stakeholders in the e-payment market in Nigeria to collaborate in sharing information about card fraud.
Otunba Dipo Fatokun, Director, Banking and Payments System Department, Central Bank of Nigeria (CBN)), revealed that there was a low suspect apprehension rate of card fraud perpetrators in 2014 in Nigeria.
He said of the 1,461 cases of card fraud valued at over N7.75b recorded in 2014, only 41 suspects were apprehended with transactions valued at over N899 million.
Tomorrow, President Muhammadu Buhari will form his cabinet, with the inauguration of ministers. How will the cabinet fare? Will it stop impunity; boost rule of law; address infrastructure and security challenges? Lawyers tell PRECIOUS IGBONWELUNDU what they would like to see the cabinet do.
IN the last elections, Nigerians voted for change, the slogan on which the All Progressives Congress (APC) rode to power.
Tomorrow, President Muhammadu Buhari is expected to form his cabinet, with the inauguration of ministers, who have their jobs cut out for them. The ministers are coming at a time the economy is in dire straits, amid falling oil prices.
Twenty-seven of the 36 states, President Buhari said in New Delhi, India, a few days ago, got bailout to pay workers.
During the campaigns, the APC promised to tackle unemployment, insecurity, poverty, corruption and impunity.
To the opposition, the President has within three months wrecked the economy. The government denied the claim.
Acording to the Presidency, the harm done to the economy in 16 years of Peoples’ Democratic Party (PDP) rule cannot be quantified.
But coming at a time of slump in global oil prices from $105 to $45 per barrel, how can the Buhari administration tackle the country’s challenges?
The challenges
The President has painted a gloomy picture of the economy, even hinting that due to present realities, some of the ministers may not have portfolios. There is a likelihood that the existing ministries may be pruned.
In addition to the economic downturn, the nation has been ravaged by insecurity, especially terrorism in the Northeast.
Infrastructure such as electricity, roads and rail networks are comatose, frustrating the development of local businesses.
Over 112 million Nigerians are said to live in abject poverty (62.6 percent); 31 percent of the nation’s population are unemployed with an increase rate of 8.2 percent; while the economy is hobbled by low foreign reserves ($29.6billion), as well as low agricultural output and absence of manufacturing industries.
Endemic corruption, impunity, lawlessness, weak institutions, delay in justice administration, multiple taxation as well as unfair trade practices are some of the challenges the new cabinet are expected to tackle.
They must restore investors’ confidence considering the country’s rating by the World Bank as one of the fastest growing economies.
While putting the population of the poor at 110 million, Vice-President Yemi Osinbajo (SAN) last week said most Nigerians had remained poor despite rising revenues and Gross Domestic Product (GDP) growth because the nation’s main revenue earners, the extractive oil and gas, did not create many jobs.
He attributed the situation to the irony of a top-down economic model where the major revenue earner was extractive but the value chain was poorly developed.
Delivering change
Prof. Osinbajo at a retreat for ministers-designate held last Thursday stated that the nation could get out of possible recession by embarking on massive infrastructure building/renewal programme; social spending/social protection; improved consumer spending; job creation, and expansionist fiscal/monetary policies.
He further hinted that the government was working on a N7 trillion to N8 trillion budget for next year, with proposed capital expenditure pegged at N2trillion, against the N1.31trillion capital expenditure in this year’s N4.4trillion budget.
He stated that all expenses must be justified for each new budget year.
Lawyers believe good policy directives as well as public enlightenment on decisions taken by government and why such decisions were taken should be taken seriously.
Some said introduction of practices such as the Treasury Single Account (TSA) as well as the no nonsense stance of the current administration were indications that the government was willing to deliver on its promises.
A Senior Advocate of Nigeria (SAN), Norrison Quakers, noted that the recovery of the economy which has been battered over the years through direct stealing and siphoning cannot be done in four years.
“The government has started well by identifying reasons for the economic downturn. The introduction of the TSA is simply brilliant.
“The prosecution of politically exposed persons; strengthening of enforcement and prosecuting agencies of government and institutions; the diversification of the economy from oil to other sources; the diplomatic source for Foreign Direct Investment (FDI); the refusal to devalue the Naira; transparency in government earnings and revenue; appointment of technocrats with track record in public service and the austere and spartan leadership that the current government projects are indicators of the seriousness of the government to deliver on its campaign promises.
“I believe if the economic developmental agenda of this government are implemented to the letter, within the current political atmosphere defined by the persona of the President, after four years, visible progress would then be seen to have been made.
“It is imperative for the government to embark on public enlightenment and awareness of its policies and programmes, so that the citizenry will be in a position to determine whether the government has failed or has succeeded in pulling the country from the doldrums of economic, social and political quagmire that has existed before its emergence.”
To former Nigerian Bar Association (NBA) Chairman, Ikeja Branch, Monday Ubani, the cabinet should look into the Central Bank of Nigeria’s policy on foreign exchange with a view to removing bottlenecks.
He said the president should assemble a crack economic team in order to fashion the right economic direction and set out workable parameters to address the myriad of problems.
“The president needs to assemble a crack economic team within the cabinet that will define the right economic direction of this government and set out workable economic parameters that will immediately address the myriads of economic problems confronting the Nigerian citizens.
“The economic architecture must create a framework for short, medium and long term results. Nigerians are brutalised economically and so may not be too patient with this government over the improvement of their economic lives.
“I used the word “too patient” advisedly. Quick palliatives must be created that will cushion the effects of long harsh economic conditions of the citizens. That must be done quickly.
“The fight against corruption must be whole, structured and institutionalised. The bane of the country is corruption; it has retarded our growth and development. It needs to be tackled headlong and wholistically.
“One was impressed with this government when it appointed an Anti Corruption Committee headed by Professor Itsey Sagay which I believe will be empowered to formulate short, medium and long term policies to tackle corruption from now onwards.
“They must also start orientation of our young ones in nursery and primary schools on virtues of hardwork, honesty, transparency and commitment to national ideals and morals. In that way, it will go a long way in breeding new Nigerians that will hate and detest corruption both in private and public lives.
“For now we need a very honest, committed, independent and patriotic judiciary that will handle corruption cases with despatch. Corruption cases should not be handled carelessly and without end in sight.
“The fight against corruption will be won the day we have a judiciary and security agencies that want corruption to be nipped in the bud in Nigeria. Let the philosophy that ‘we want an end to corruption’ be imbibed by all the members of the security agencies and the judiciary and we will witness a drastic reduction if not an end to corruption in Nigeria.
“A virile judiciary, competent security agencies and a political will on the part of the executive will end impunity and enthrone the rule of law in Nigeria. That is the truth,”
On infrastructural development, Ubani said the current government must get to work immediately by addressing the appalling level of decay in infrastructure.
He said all unpassable federal roads especially in the eastern region, which are worst hit, should be repaired immediately.
“The moment federal presence is felt in the regions, the agitation for self determination will ebb drastically. Apart from repairs of roads, new road constructions and expansions should be initiated.
“For the 16 years of democracy we have not heard or seen any new road constructions and expansions. All the roads that the Federal Government is finding difficulty in repairing were constructed during the military era, this is very shameful.
“To be specific, Lagos Ibadan expressway should be addressed, the Apapa Oshodi way in Lagos should be expanded, the Ikot Ekpene/Ikwuano Road, Aba/Port Harcourt Road, Owerri/Port Harcourt, Enugu/ Umuahia Road, Onitsha/Owerri Road and all the federal bad roads in the East, West, South South, North East, North West and North Central states should be repaired and expanded immediately.
“The security situation is frightening. Apart from Boko Haram insurgents, the rate of armed robbery incidents, kidnappings, rape and other nefarious crimes are increasing by the day.
“Government should in addition to equipping the security agencies with efficient instruments and better conditions of service provide employment or create conducive economic environment for businesses to thrive, thereby reducing the idle hands that are easily recruitable to commit crimes.
“We must adopt a wholistic strategy to reduce crime and crimality in the polity. Efforts of sociologists, philosophers, security experts, anti crime strategists and legal personnels should be pulled together to find lasting solutions to the problem of security in Nigeria.”
Ubani said the cabinet should tackle the legal issues that impede on the ability of states and individuals to generate and supply power to those who need it.
“It will be disastrous for this government if they fail to find a permanent solution to the perennial darkness in the land. Nigerians need stable and regular power supply daily, it is feasible. This cabinet must address this issue of power quickly.
“Finally the present CBN regime on forex is stifling businesses. The new cabinet should look into the directives of the CBN on importations and foreign exchange and remove unnecessary bottlenecks and ease business transactions both domestically and internationally. “We wish this government success in solving the basic problems of the citizens. Now that we have change, let the change in our lives begin in earnest,” he said.
•Ofuokwu
For a constitutional lawyer, Mr Ike Ofuokwu, there is hope with the new cabinet, as it comprises tested and tried hands.
“If the truth must be told, this is the first time in this democratic dispensation that we are having a Federal cabinet devoid of political and party considerations but rather predominantly founded on performance records and characters of the individuals.
“Never mind all the criticisms from those who for 16 years gave us a predominantly recycled and tired characters whose only record of public service is primitive accumulation of our common wealth and who left behind an indebted and near bankrupt nation.
“We expect among other things that the new Exco follows the footstep of President Muhammadu Buhari in running this nation with a zero tolerance for corruption, in putting this nation back on the path of economic revival and restoration where impunity will be consigned to history and the rule of law will be supreme.
“They should immediately hit the ground running by putting all basic infrastructure such as roads, power, health, etc in place. They should guarantee the security of life and property and put an end to all forms of insurgency and criminality in whatever guise.
“Considering the dwindling price of oil in the international market, they should think out of the box and stop relying on Federal allocation for all and everything. They should all agree to reduce their over bloated security apparatus to avoid sending messages of insecurity to our would-be investors and they must reduce drastically the size of their aides as it is obvious the economy can no longer cater for political parasites.
“They should all put things in place here in Nigeria and desist from all forms of medical tourism.
“Finally this new cabinet should say no to all forms of political razzmatazz by drastically reducing their convoys and stop harassing other road users. I believe that an era of accountability has come to stay. Hence we should think beyond ourselves, for the future generation of Nigerians.”
•Ozoobia
A former Commonwealth Lawyers’ Association (CLA) president, Mrs. Boma Ozobia, wants to see improvements in justice administration.
“That necessarily implies justice for all, not just those who can pay for good legal representation. Our prisons and police cells are clogged with innocent citizens of this country. The criminal justice system needs a total overhaul to deal with this shameful state of affairs.”
She added: “Also, we must revisit the issue of community policing as an essential element of criminal justice reform. Sadly, this has been unduly politicised but we cannot shy away from it. As the saying goes, you cannot make an omelette without breaking eggs. Finally, in reforming the system, I would hope that the focus would be on restorative justice where possible.”
•Adekoya
A former Nigerian Bar Association (NBA) First Vice-President, Mrs. Funke Adekoya (SAN), said she expects a change of focus from the new administration.
“There is no point complaining if nothing happens. The Public Complaints Commission should be strengthened through effective leadership and its powers as a dispute resolver enhanced so that it can effectively provide an outlet to the many complaints about abuse of power, high handedness and sexual harassment resonating within the public service.
“Allegations of corruption need to be speedily and impartially investigated, and where a case is made, it needs to be speedily prosecuted. In-house capacity building in the Federal Ministry of Justice, the EFCC and all other prosecuting arms should be a major focus,’’ she said.
A former NBA General Secretary Deacon Dele Adesina (SAN) believes a new Nigeria is possible.
“With regards to justice sector, there is a lot to be done both in our civil and criminal justice systems. Delay is still rampant. Congestion is still noticeable. The judiciary must undergo a fundamental constitutional reform to address part of the challenges facing it. The truth is that most of the problems are inherently systemic. Nigeria must practise true federalism in the judiciary. For instance, the states must have their own Courts of Appeal and Supreme Court,” Adesina said.
A former Lagos Attorney-General Olasupo Shasore (SAN), said he expects a focus on the constitutional, legislative and human obstacles to beneficial justice sector performance.
“To devolve prosecution, law enforcement and prison authority to concurrent jurisdiction with states in order to tackle awaiting trial and public confidence; for the first time to articulate a National Justice (including judicial) sector policy document; to remove the constitutional inordinate right of appeal; appoint quality appellate judges from the bar; regulate law reporting; introduce investigative/arrest powers to the office public prosecution,” he said.
Chief Emeka Ngige (SAN) expects the replication of Lagos Model with modifications in the country’s justice administration.
“I expect a comprehensive reorgani-sation of the anti-corruption agencies to ensure that their mandates are realised; strengthening of the National Human Rights Commission (NHRC) by giving it adequate funding and manpower to execute its functions; reorganising Legal Aid Council to ensure that its objectives are fully realised; comprehensive reform of many of our laws to bring them up to date and plug the various lacunae in the amendment of some provisions in the 1999 Constitution to reflect the yearnings and aspirations of Nigerian people; collaborating with the Independent National Electoral Commission (INEC) in comprehensively reforming the provisions of the Electoral Act, 2010 to ensure that free and fair elections are conducted and that the mechanism for redress is fair and just to the litigants; finding solutions to the nagging issue of unemployment among junior lawyers, resolving the issue of welfare package for our judicial officers and state Counsel at federal level and resolving the huge debt portfolio of Federal Ministry of Justice,” Ngige added.
The Idemili branch of the Nigerian Bar Association (NBA) has refuted a newspaper story entitled: Anambra State Jusun Strike: Anambra Chief Judge moves to decongest prisons credited to its Provost, Mr. Pat. Agbata and published in a national daily.
A statement by the branch chairman, Mr. Benjamin Chukwudi Okoko, reads: “Our attention has been drawn to the story credited to the provost of Idemmilli branch of the NBA Mr. Pat Agbata.
“The NBA Idemilli branch hereby dissociates itself from the story as the comments were neither authorised nor approved by the NBA Idemmilli branch and therefore does not represent the collective position of the branch
“We acknowledge the good work of the Chief Judge of Anambra State, Justice Peter Nnanna C. Umeadi and his efforts towards alleviating the suffering of the masses in the state.
“We also call on the Governor of Anambra State, Chief Willie Obiano to look at the agitation of the judiciary workers in the state with whom the Anambra State government entered into an agreement on the Consolidated Judiciary Staff Salaries (CONJUSS) in 2011 since government is a continuum”
