The above title is a paraphrase from an address delivered by Eze Duruiheoma (SAN), Chairman, National Population Commission (NPC), at the investiture ceremony of Rotarian Alex Geolebedum, as the 34th President of the Rotary Club of Festac Town, on Saturday, October 17, 2015. As observed by the Commission Chair, there is a point of confluence between Rotary and the NPC “in the noble cause of advancing humanity through projects that have direct bearing on the people”. As he also noted, “the people are both the agents and beneficiaries of any development effort”.
With a current estimated population of 187,301, 926, Nigeria he observed, is the tenth most populous country in the world; but by 2050, with an estimated population of 289 million, she would become the fifth most populous country. Quoting the National Bureau of Statistics (2010), Duruiheoma said, “it would be noticed that as the population of the country grows, the incidence of poverty also increased”. Observably “rapid population growth threatens food security, causes massive food importation that drains scarce resources and mounts pressure on the available arable land leading to excessive fragmentation”.
From his analysis, the threat posed by high level of unemployment among the youthful population in our country, is even more precarious than many Nigerians may know. With young people who are aged 0-24 constituting 62 percent of the total Nigerian population (2009), high unemployment among the youths, clearly pose a grievous threat to the very existence of our country. The army of unemployed youths may indeed explain why the army of Boko Haram, suicide bombers, kidnappers, violent armed robbers, reckless okada riders, political thugs, street hawkers and other purveyors of security threats, seems to be inexhaustible.
Going further, he informed the august gathering that “while the annual population growth rate is 3.2 percent, the annual Gross Domestic Product (GDP) growth rate is 3.5 percent”. Before the audience could get excited by the slight difference between the GDP and the population growth rate, the learned silkwarned, “though the growth rate appears higher, the economy cannot accommodate the rapid population growth and regardless of the fact that the country is rich in both human and natural resources, much more resources will be required to take care of the ever growing population that will over stretch the resources available for development”.
President Muhammadu Buahri (PMB), the state governors, the local government administrators, and the Millennium Development Agencies (MDA), and indeed all agencies of government and the private sector,from that report, clearly have their jobs caught out for them. Grow the national economy and create more employment opportunities for our youthful population, if Nigeria is to survive.The realisation that the population profile is also critical to national security, may have informed the desperation by PMB to find the technical study, conducted by President Olusegun Obasanjo’s government, on how to channel some rivers to the Lake Chad, to provide economic opportunities for over two million people, relying on the lake for survival. That obviously will help the north east have respite, fromarmed insurgencies, like the Boko Haram.
Considering that many state governors have borrowed from the federal government, which itself is substantially insolvent, to meet their recurrent expenditure, the future is indeed grim, for our dear county.For if they have borrowed to eat, how would they be able to save, to invest? And yet without investment in critical infrastructure, the much sought after employment opportunities, would remain a mirage.As the Chairman said in his lecture, “high fertility leads to high increase in schools enrolment and pressure on facilities”. He also noted that “scores of urban slums now exist in our cities with people living in sub-human conditions without decent accommodation, toilet facilities and infrastructure”.
Perhaps the realisation of the inadequacy of government as the sole purveyor of development and the realisation of the enormous contribution of Rotary to human development, across the nations of the world, may have informed the interest of the NPC Chair, in the affairs of Rotary. Interestingly, the Rotary Club of Festac Town, has exceptionally distinguished herself, in the pursuit of Service Above Self, which is the Motto of the Rotary Movement. Giving a record of his performance in office, the immediate Past President of the Club, Rotarian Gabriel Onyema, confirmed that the Club spent over 25 million naira, in rendering humanitarian services, in the 2014-2015 rotary year.
With the huge success recorded in the past rotary year, in service to humanity; the new rotary year, is expectedly going to be more exciting and challenging. According the new president, Rotarian Alex, the six arrears of focus for the rotary year, is, peace and conflict prevention/resolution; disease prevention and treatment; water and sanitation; maternal and child health; better education and literacy and economic and community development. He and his board which was also inaugurated by him, last Saturday, proposed a conservative budget of 22 million naira, for the rotary year.
Instructively, in his address, the Chairman of the NPC, reminded the gathering of the National Policy on Population for Sustainable Development (2004), the objectives of which are “to increase understanding and awareness of the interrelationships between populationand development, expansion of access and coverage to improve quality of reproductive and sexual healthcare services, and strengthening and expansion of comprehensive family planning and fertility management programme”.The commission chair admitted that “the policy have not been met due largely to lack of commitment by stakeholders”.
He therefore enjoined Rotarians “to help to sensitize stakeholders on the imperative for the review of the population policy … so that the nation can have a new National Population Policy that will embody our aspirations and determination as a nation”.
Twenty-five persons have been shortlisted for appointment as Federal High Court judges. Did the process comply with the rules? No, says rights group and judiciary watchdog, Access to Justice. JOSEPH JIBUEZE writes.
The National Judicial Council (NJC) is violating its rules in the appointment of 25 new judges of the Federal High Court, a rights group the Access to Justice (A2J) has alleged.
It said the criteria being used do not comply with the Revised National Judicial Council Guidelines and Procedural Rules 2014.
The group said the breaches are considerable, and that if the current recruitment is allowed to proceed, it would seriously undermine the integrity of the reforms made in the Revised Guidelines.
The Guidelines seek to ensure openness, competitiveness, merit and transparency in recruitment processes as well as safeguard judicial appointments from being lobbied and politicised.
Among others, it provides for call for expression of interest by suitable candidates by way of advertorial placed on the website of state judicial service commission, notice boards of the courts and of Nigeria Bar Association (NBA) branches.
Guideline observed in breach?
“This rule was clearly not followed in the current recruitment process. The only publication made on the existing vacancies was an advertisement placed on the website of the Federal High Court. Unfortunately, our investigation reveals that no such call for expression of interest by suitable candidates was made.
“All that was placed on the website of the Federal High Court was a copy of the letter written to judges, heads of courts, Attorney-General of the Federation and the NBA president inviting them to make recommendations of suitable persons for consideration,” A2J said.
In addition, the group, in a statement by its Executive Director Joseph Otteh, said there were no
Otteh
appropriate parameters used in shortlisting candidates who were recommended to the Federal Judicial Service Commission (FJSC) and the NJC.
Following the ongoing recruitment exercise, A2J made a Freedom of Information (FOI) request to the Chief Justice of Nigeria (CJN) Justice Mahmud Mohammed, who is FJSC chairman.
It also sought information from the Chief Judge of the Federal High Court, Justice Ibrahim Auta, on the criteria adopted to fill the judicial vacancies. The letters were replied on August 27, and September 8.
In view of the letters received, the group drew attention to what it called significant breaches of the Revised Guidelines.
•Justice Auta
“The breaches of the said Guidelines are considerable, and if the current recruitment is allowed to proceed, it would seriously undermine the integrity of the reforms made in the Revised Guidelines.
“For this reason, Access to Justice urges the NJC to hold the process leading to the selection and nomination of candidates for the existing vacancies in the Federal High Court (FHC) to be in manifest and substantial contravention of the Revised Guidelines and is irredeemably flawed; and to direct that the process be begun afresh.
“We also urge the NJC to insist that any fresh exercise must adhere with, and be in compliance with the Revised Guidelines 2014,” A2J said.
‘How Guidelines were violated’
A2J said the current Federal High Court recruitment has been done in ways that conflict with the core goals of the Revised Guidelines , especially in the aspect of transparency and accessibility
Rules 3 of the Revised Guidelines provides that the Judicial Service Commission shall call expression of interest by suitable candidates by way of public notice placed on the website of the Judicial Service Commission / Committee concerned, notice boards of the courts and notice boards of Nigeria Bar Association branches.
Rule 3 mandates the publication of a Public Notice of existing judicial vacancies calling for an expression of interest by suitable candidates in at least three publicly accessible forums.
According to the group, the word “shall” makes it mandatory that a call/announcement be made, in the stipulated forms, for interested candidates to express interest to fill the vacant positions.
Rule 3(3) states that such a call for expression of interest/nomination must bear a closing date.
A2J said: “This rule was clearly not followed in the current recruitment process.”
FJSC’s position faulted
According to letter signed by FJSC Secretary, Mrs. B.A. Bashir, the only publication made on the existing vacancies was an advertisement placed on the website of the Federal High Court.
But A2J said its investigation reveals that no such call for expression of interest by suitable candidates was made.
It said all that was placed on the website of the Federal High Court was a copy of the letter written to judges, heads of courts, AGF and NBA president inviting them to make recommendations of suitable persons for consideration.
In his response to the FOI request, the Chief Judge of the Federal High Court, Justice Ibrahim Auta, “respectfully begged the question,” according to A2J.
It sought to know details of the modes and avenues used in publicising/advertising the available vacancies.
“His response was: ‘That the mode of and avenues in publicizsing the vacancies are as stated in the Rules 3(1)(a)(i)(ii)(iii) of the 2014 Revised National Judicial Council Guidelines & Procedural Rules for the Appointment of Judicial Officers of All Superior Courts of Record in Nigeria.’”
However, the group said the only notice it is aware of was published at the court’s instance – the letter posted on its website addressed to specific judicial officers and the AGF asking for recommendation of ‘… any fit and proper legal practitioner in Nigeria for consideration for appointment as judges of the Federal High Court.’
‘Guidelines not complied with’
The information posted on the court’s website, A2J said, is not form or the substance of what the Guidelnes requires.
To the group, such procedure negates the goals of the NJC Revised Guidelines as information of the existing vacancies was not published in the required forums, neither was information of the vacancies offered to the public or interested suitable persons.
Merit safeguards gettisoned
On merit-based selection safeguards, the group said there were no appropriate parameters used in shortlisting candidates who were recommended to the FJSC and the NJC.
In the FOI request, A2J had requested for details of the criteria adopted in drawing up the provisional shortlist of candidates.
It had asked: “Was there a panel or committee set up to scrutinise the applications? If yes, please provide us with the names of persons constituting the panel/committee, its head and its terms of reference.
“If no, provide information on how the selected candidates were shortlisted, by whom they were shortlisted and the parameters of selection.”
CJ’s position
In his response, Justice Auta said the professional status of those who recommended the candidates was an initial consideration, followed by the quality of judgments/rulings the candidates delivered, the available vacancy for the state and Federal Character.
However, Rule 3(4) of the Revised Guidelines provide: Soon after the closing date for the receipt of applications and or nominations, the Chairman of the Judicial Service Commission/Committee concerned shall make a provisional shortlist on the merits consisting of not less than twice the number of Judicial Officers intended to be appointed at the particular time and circulate the provisional shortlist together with a request for comments on the suitability or otherwise of any of the short listed candidates…
According to A2J, the Rule provides that the provisional shortlist shall be made “on the merits”, which means it must be “based on the qualities of someone or something, or on the facts of a situation”.
To the group, most of the considerations that influenced the shortlist, as confirmed by the CJ, miss the mark.
“Selection on the merits would naturally look at the strengths or weaknesses of the candidates without reference to external factors, such as federal character even though that latter factor may come in subsequently,” it said.
Factors for consideration
Rule 3 (6) of the Guidelines defines factors to take into consideration in shortlisting candidates.
It says: In carrying out the provisional short listing exercise, the Chairman of the Judicial Service Commission /Committee shall take into consideration as much as possible, (i) professional expertise and competence, including in the case of appointment of Judges from the High Court to the Court of Appeal and Justices of the Court of Appeal/Chief Judges/Legal Practitioners/academicians to the Supreme Court, the quality of judgments and performance and demonstration of judicial skills of the Judge; and in the case of appointment from the Bar, evidence of six contested cases in the last S years; (ii) sound knowledge of law, (iii) seniority at the Bar and or the Bench, (iv) federal character or geographical spread and where necessary and possible, without compromising the independence of the judiciary or allowing politics to permeate or influence the appointment.
From Justice Auta’s response, it was clear that these considerations were largely excluded from the process.
The CJ said the ‘quality of judgment/ruling’ was a consideration for the shortlisting.
However, Rule 3 (6)(i) says the quality of judgments and demonstration of judicial skills is only relevant in the case of appointment of judges from the High Court to the Court of Appeal and Justices of the Court of Appeal/Chief Judges/Legal Practitioners/academicians to the Supreme Court’.
“Therefore, this was not a legitimate consideration in the case of appointments to the Federal High Court,” A2J said.
The group said in relation to the process followed in filling the vacancies, there has been an interlocking sequence of putting the wrong foot forward in each of the required steps established by the Revised Guidelines.
It said the process from inception was marred by irregularities and breaches, which it said began with limiting the range of people who could participate in the recruitment.
It also denied otherwise eligible and suitable people the chance to be considered for the Bench, A2J added.
“The process adopted for the appointment is now so fundamentally flawed that it is difficult to build anything credible or legitimate upon this sort of foundation or correct the errors at any other stage of the process. Many Nigerians will be disappointed and disillusioned if this process is allowed to produce the next batch of judges of the Federal High Court,” the group said.
Threat of ‘mischief’ being perpetuated
A2J said it is deeply concerned that the procedure for filling the vacancies will perpetuate the ‘mischief’ sought to be addressed by the revised NJC guidelines if the procedure adopted is allowed to stand.
“Access to Justice also observes that apart from the power to officially communicate the existence of court vacancies to the Chairman of the NJC and FJSC pursuant to Rule 2(2)(a) of the Revised Guidelines, the Chief Judge of the FHC does not have, within the general context of the Revised Guidelines, the powers which he has irregularly exercised in the course of this recruitment exercise.
“The power to write, ‘… in the case of appointment to a Federal Court, to the President, Nigerian Bar Association ; or, in the case of appointment to a State Court, to the Chairman of every Branch of the Nigerian Bar Association in the State concerned, asking for nomination of suitable candidates for the proposed judicial appointment and requesting that he/she brings to the notice of suitable candidates the call for expression of interest by each of them’ belongs to ‘…the relevant Judicial Service Commission/Committee’ according to the terms of Rule 3(1)(a) and 3(1)(a)(iii). It was therefore wrong of the Chief Judge of the FHC, by himself, to exercise the power.”
NJC urged to reject list
A2J urged the NJC to adjudge the process to fill the vacancies as fundamentally flawed on the grounds of substantial non-compliance with or breach of its Guidelines.
It said: “The process adopted was not transparent, open, accessible and fair and denied a level playing field to all prospective and qualified candidates.
“They were also not merit-based. We urge the NJC to reject the list forwarded by the Federal Judicial Service Commission.
“By so doing, the NJC will be sending a strong signal to all Judicial Service Commissions and heads of court that it will not return to the ‘business as usual’ status quo in relation to judicial appointments and that it will respect its own mandatory policies and rules governing the appointment of judges in Nigeria.”
Two men, Isah Ali and Kashalla Hassan, have been arraigned at a Lagos State Chief Magistrate’s Court sitting in Ikeja, for allegedly stealing two cartons of brand new phones at Computer Village in Ikeja.
Ali, 36, Hassan, 35, and others now at large, were accused of committing the offence at about 5am, on October 10, 2015, at No. 4, Otigba Street, Ikeja.
The court was told that the suspects conspired with each other and stole the phones, valued at N4.2million, property of one Mr. Duru Remy.
The Prosecutor, Assistant Superintendent of Police (ASP) Samson Ekikere, informed the court that the offence is contrary to and punishable under Section 285 (7) of the Criminal Laws of Lagos State 2011.
The accused, who were read the charges in Pidgin English, pleaded not guilty to the two-count charge of conspiracy and stealing.
The Chief Magistrate, Mrs. Y. O. Aje-Afunwa, granted the suspects N500,000 bail each and two sureties in the like sum. She adjourned the matter till November 25 for trial.
A former Nigerian Bar Association (NBA) president Dr. Olisa Agbakoba (SAN) will on Friday chair a dinner organised by the Eastern Bar Forum (EBF) in honour of Justice Walter Onnoghen of the Supreme Court.
The dinner, to be hosted by Cross River State Governor, Ben Ayade, is part of the programmes commemorating the maiden meeting of EBF’s new leadership, which holds on Saturday at the Tinapa Hotel and Resorts.
EBF chairmanship Effiong Ekong was elected at the Sir Louis Mbanefo Bar Centre, Onisha Anambra State in June and was inaugurated the same day.
He succeeded Mr. Ogbonna O. Igwenyi.
Other members of the new executives are: Arthur Chukwu (Vice-Chairman), Basil Aguigwo (Secretary), Emeka Anosike (Financial Secretary), Promise Iwezor- (Rivers Representative) and Charles Azubuike (Abia State Representative).
Imo, Bayelsa and Akwa Ibom States representatives in the governing council will be presented at the Calabar meeting on Saturday.
Chairman of the Organising Committee Mr. Mba Ukweni said: “Every arrangement is concluded and we are putting finishing touches to make sure that we have a very successful dinner and meeting. Baring one or two confirmations, which we will make early this week, I can say that we are done with the preparations.”
Also, certain interests can be created in oil and gas exploration. These interests are based on the parties’ interests and background.
Concessions
Concession is one of the main interests that can be created. It is the agreement which hands over and transfers certain interest in a property to another person. It has been used for a long time in many parts of the world for transfer of interest in land and resources from one party to the other. The interest is normally not an outright sale or purchase but for a certain period of time. This is usually between the company and the state that has petroleum embedded in its land. It does not involve complete transfer of the land but it signifies the permission by the owner to the company that wants to work upon and se the land
Traditional Concession
This is an agreement whereby the oil company received the exclusive right to explore for petroleum and if petroleum was discovered, to produce, market and transport the oil and gas. In return, the company paid specified costs and taxes. These concessions had certain characteristics. The area was often very large. In many cases it extended over the whole land in the nation. The duration was very long, usually between forty years to seventy-five years. They were in respect of very large areas of land of the host country. In Nigeria for example, the concession granted to Shell in 1938 was in respect of the entire mainland of Nigeria. It usually had exclusive ownership of and was free to dispose of them as it deemed fit.
Modern Concession
Modern concession is similar to the traditional concession in many ways. It is also an arrangement whereby the oil company receives the exclusive right to explore for petroleum and if petroleum was discovered, to produce, market and transport it. The company pays specified costs and taxes to the State that has the crude oil. Under this type of concession “the company has rights over the produced petroleum and owns it as from the point of extraction.” It is now called by various names such as licence or lease, but it is still the most widely used type of agreement. The duration is normally for an initial period of twenty years. The area of coverage has also been reduced. The company is usually given rights only in respect of crude oil and sometimes natural gas. Petroleum remains at all times the property of the State in almost all agreement of this nature.
Petroleum sharing contracts
These are legal arrangements in which crude oil is shared by the parties in prearranged proportions. In a standard PSC the company bears all the risks of exploration, and is often in charge of the operations and management of the contract area. When oil is discovered in commercial qualities, the company is entitled to recoup its investments from the crude oil produced from the contract area. The remainder is then shared between the National Oil Company (NOC) of the oil producing country and the company in a predetermined proportion. Unlike the concession, ownership of petroleum discovered remains vested in the State or its NOC and the contractor does not acquire title to its share of the petroleum until the oil reaches a mutually agreed point.
Joint Venture Agreement: A joint venture is agreement between two or more companies/parties to jointly do a business or to jointly undertake the formation of a company/ business in which the parties jointly fund and bear the risks. It is common in the oil industry to have a JVA between the host country and the international oil company. This is so as to have the two parties engage in the exploration and prospecting for oil in the country.
Participation Agreements
This agreement sets out the respective rights of partners to the joint venture. Such agreements vary in detail, because they were individually negotiated, but they remain the same in substance. Participation enables the host country exercise more control on the operations of its industry. It makes for more effective technology transfer, since the host country is likely to become more familiar with the practical aspects of the petroleum industry. Through participation, the host country’s objectives are potentially capable of fulfillment, although its effectiveness depends on the way it is implemented.
Operating Agreement
This type of agreement spells out the legal relationships between the owners of the respective leases, and lays down rules and procedures for the joint development of the area concerned, and of property jointly owned by the two parties. It gives the details of the workings and activities that the oil company is expected to do, while also stating the roles of the host country. The national oil company’s scope of work in the operation is clearly defined in this type of agreement and each party is fully aware of its responsibility under the JVA.
Oil Exploration License
and Lease
The Petroleum Act provides in Section 2 (1) that the Minister of Petroleum may grant any of the licenses or lease created subject to the provisions of the Act. The Act further provides that an oil exploration license shall not confer any exclusive rights over the area of the license, and the grant of an oil exploration license in respect of any area shall not preclude the grant of another oil exploration license or of an oil prospecting license or oil mining lease over the same area or any part thereof.
Oil Prospecting License: Oil prospecting under the Petroleum Act, includes the right to explore and carry away and dispose of petroleum won during prospecting operations subject to the fulfillment of obligations imposed upon him under the Act. An oil prospecting license (OPL) can only be granted to a company incorporated in Nigeria. The holder of an oil prospecting license has the exclusive right to explore and prospect for petroleum within the area of his license. The duration of an oil prospecting license is determined by the Minister but must not exceed five years including any periods of renewal.
Oil Mining Lease
Oil mining involves the exclusive right to conduct exploration and prospecting operations or otherwise treat petroleum discovered in or under the leased area. The Act provides that the term of an oil mining lease shall not exceed twenty years. This term may however be renewed in accordance with laid down procedures stipulated by the Act. The lessee of an oil mining lease shall have the exclusive right to conduct exploration and prospecting operation and to win, get, work, store, carry away, transport export or otherwise treat petroleum discovered in or under the leased area
Assignment of Rights: The holder of an oil prospecting license or an oil mining lease shall not assign his license or lease or any right, power or interest therein or there under, without the prior consent of the minister.
As already stated entire ownership and control of mineral oil or petroleum and natural gas in Nigeria is vested in the Federal Government. The Federal Government may grant the following rights to companies incorporated in Nigeria, an oil exploration license OEL, an oil prospecting license (OPL) and an oil-mining lease (OML).
One advantage of the Act from the point of view of the oil companies is that there is no delay in land acquisition for oil operation. With both oil and land now being vested in the government, procuring the necessary licenses to drill oil and leases to enter upon land are now relatively quicker and easier. On the government side, in addition to royalty and rents from oil, the government, as land owner, now receives compensation for land hitherto paid to families and communities. For the local people, once there is an acquisition of land by the government, they are only entitled to compensation for improvements to the land.
Rights, obligations,
mitigation and innovations
Most exploration and production activities in the oil and gas industry are carried out exclusively by multinationals under joint venture contracts whereby the Nigerian National Petroleum Corporation (NNPC), the state oil company, contributes to 55-60 percent of production contracts and claims the same ratio of total revenues. Despite the huge revenue that accrues to the nation from these resources, there is little to show for it as far as the oil producing areas are concerned. Rather they have suffered consequences of environmental pollution and other disturbing issues. S. 36 of Schedule 1 of the Petroleum Act 1969 provides for the payment of “fair” and “adequate” compensation, which refer to surface right including specified plants, crops and economic trees.
A factor in the deteriorating economic condition of not just the Niger Delta is environmental pollution arising from careless and unmonitored oil production. The byproduct of gas flaring continues to destroy the ecosystems of surrounding areas, and pipelines that have been constructed through numerous farmlands have ruptured, causing damage to vast areas of agricultural land.
These are responsible for the environmental problems facing the country, but mostly the Niger Delta such as the destruction of the nitrogen cycle of the soil and plants, the contamination of water, and the extinction of plankton, fish, and other aquatic organisms. Taking agriculture and fishing industry into account as the primary source of subsistence for a large portion of the Nigerian population, making up about 40 percent of the nation’s labour force, the current destruction of the ecological balance translates into depressed income and widespread poverty.
Another factor is the large amount of displacement that has occurred over the course of oil exploration and production. As stated earlier, land falls under the direct control and management of the state governor, or under the local government of the rural areas. The act allows designated government officials to grant statutory rights of occupancy to any land, and this has been used to expropriate farmlands for the use of the oil companies.
Since the law has been passed, a large number of families from the oil communities have lost their farmlands to claims on areas for oil production and transportation alone. Land in Nigeria represents a fundamental safety net for a great number of people who have traditionally depended on it for subsistence agriculture and various indigenous medicines. Important food crops such as cassava, pepper, garri, and cocoyam have all been subject to poor yields over the past few decades. Other crops such as yellow yam, one of the most commonly grown specie of yam in many communities, have all together disappeared from local markets, as evidence of serious pollution.
Aside from crude oil, industrial wastes from exploration activities and refinery emissions, coupled with thermal pollution from gas flar
African Bar Association (AFBA) president, Mr. Hannibal Uwaifo has faulted the idea that foreign lawyers are better than their African counterparts.
According to him, it is wrong to give important briefs to foreign firms when local ones can do better, saying very good Nigerian lawyers can match the best abroad.
Uwaifo, who noted the excellent performance of the Nigerian Bar Association (NBA) at the International Bar Association (IBA) conference which held in Vienna, Austria, said: “I want to thank our hardworking President Mr. Augustine Alegeh (SAN) for the beautiful admonitions he gave at the breakfast meeting of the African regional forum in Vienna.
“He touched on the need not only to upgrade our skills, but to join forces in order to benefit from the huge investments we make into IBA conferences without corresponding benefits.
“It is obvious that most of the sessions at each succeeding conferences are not relevant to our practice in Nigeria and Africa.
“I, however, do not believe that our skills are poor in Nigeria. I do not also agree that we can only fit into global legal practice by sharpening skills whatever that means.
“Nigeria has always played at the world stage. In the World Court, in the International Criminal Justice system and practice. “
All jurisdictions, Uwaifo said, have their peculiarities, culture and style. “However, successful legal practice is tied to good governance, the rule of law, economic wizardry and technology breakthrough and unfortunately, these are mostly lacking in Africa. “Lawyers join politicians to break the law and shop for judges to help validate these shameful conducts. They take advice from clients instead of offering them advice advice professionally,” he said.
He continued: “Lawyers collect huge sums of money from political clients not in any way commensurate with the regime of legal charges, knowing that these funds were drawn from public funds meant for the commonwealth to tare roads, fix hospitals, schools, electricity and fund technological advances.
“The Economy remain stagnant, unemployment becomes rife. There are serious security problems, the entire society is dysfunctional. The prosperity of the profession is blocked.
“Everybody is accusing each other and the profession is now Thomas Hobbes’ contraception of nasty, short and brutish. You cannot meet global skills when you take bribes and promote corruption.”
According to Uwaifo, AFBA will work towards improving lawyers’ fortune.
His words: “We intend to bring about some of these changes by encouraging individual lawyers and national associations to imbibe attitudinal changes by organising frequent interactions and acting as watchdog.
“The present NBA executive has done excellently. They have shown that things can be done right. They are bringing about orderliness transparency and professional etiquette.”
The next Exco, he said, has to fight corruption, influence peddling, compromising judicial officers, accepting monies stolen from public coffers to pay professional bills for personal political cases.
“Be bold to take on judges who ridicule our profession and our country by making ridiculous orders and granting bogus injunctions that will make even the market women reel with laughter.
“Injunctions stopping security agencies from investigating corruption and other crimes against the Nigerian people should not be granted,” adding: “The bar and the bench must know that the average Nigerian, whose public funds is misappropriated daily is also entitled to injunctions against these mindless crooks and deserves the protection offered by the rule of law.”
Eminent jurists threw their weight behind their colleague Sylva Ogwemoh (SAN), who lost his mother, aged 90. JOSEPH JIBUEZE reports.
It is not usual for members of the Bar and Bench to converge on a town where no law event is holding. Something special must be happening.
That was the situation last weekend when they gathered in their numbers at Agenebode in Etsako East Local Government Area, Edo State.
They joined family, friends and well-wishers for the burial of Mrs Felicia Ebodeamhe Ogwemoh, mother of a Senior Advocate of Nigeria (SAN) and Principal Partner of Marine Partners, a law firm, Mr Sylva Ogwemoh, whose wife Priscilla is the Managing Partner at the firm of Olisa Agbakoba Legal (OAL).
Notable legal personalities at the event included former Chief Judge of the Federal High Court, Justice Dan Abutu; Justice Tom Yakubu of the Court of Appeal; Justice Okon Abang of the Federal High Court, Lagos Division and Supreme Court justice, Walter Onnoghen, represented by his wife, Nkoyo.
A Senior Advocate of Nigeria (SAN) Chike Onyemenam was also present, as well as Lagos Branch Chairman of the Nigerian Bar Association (NBA) Martin Ogunleye, who led other officers, including Phillip Njeteneh and Celestine Nwakwo, among others, to the event.
Chief Judge of Edo State, Justice Cromwell Idahosa sent a condolence message to the Ogwemohs on the state judiciary’s behalf.
He wrote: “While praying the Almighty God to give you and the entire members of your family the fortitude to bear this irreparable loss, we are consoled by the fact that she lived a good life and left worthy legacies.”
Edo State Attorney-General Henry Idahagbon said although the late Ogwemoh died at 90, losing a loved one always causes pain to those left behind.
“If orders of injunction could restrain the cold hands of death, I am sure you would have sought and obtained an injunction of perpetuity to stop your beloved mother from being taken away by death.
“Be assured that Mama is not dead. She lives on in our hearts, for to live in the hearts of those you love is not to die,” he wrote.
Former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN) also expressed his “heartfelt condolence” to the family.
He prayed God to grant Ogwemoh and his family the fortitude to bear the loss and to fill their hearts with peace.
Chief Anthony Idigbe (SAN) urged the family to be strong. He wrote: “In this period of anguish, I charge you to take succor in God’s unfailing love and grace, which are able to heal and strengthen you at this time of sorrow.”
Another SAN, Chief Kelvin Nwufo, said he received the news with sadness but was consoled by the fact the late Ogwemoh “rests in the bossom of our Lord Jesus Christ as she lived a good Christian life.”
Last Friday, a vigil mass was held at the Ogwemoh Family Compound, Otoukwe Quarters. It was followed by the funeral the next day.
At exactly 10:25am last Saturday, the deceased’s remains, in a gleaming white casket, were rolled into the Sacred Heart Catholic Church, venue of the funeral mass.
The large church auditorium was filled to capacity. Outside, an array of cars bore witness to the large number of dignitaries and well-wishers who came to pay their respects.
The Bishop of Auchi, Dr Gabriel Dunia, officiated the event along with 21 other ministers. He told newsmen after the funeral mass that the late Ogwemoh’s life was worthy of emulation.
“She lived an exemplary life,” said the cleric. “She brought her children up well and lived a fulfilled Christian life till the end. She was a humble woman, caring and loving.
“She loved God and her neighbours with a difference. We thank God for her. May we continue to emulate this kind of good life.”
In a moving sermon, Rev. Alfred Ebalu of the St. Anthony of Padua, Iraokhor, said although the thought of death could be scary, it was inevitable.
“Some go to bed early. Some go to bed late, but all of us must go to bed. The question is: how prepared are we?” he asked.
According to him, death is an essential condition of life that must come when it will. “The death of every loved one is a painful experience,” he said.
Ebalu said the late Ogwemoh’s life was worthy of being celebrated. Describing her as an “impeccable person”, he urged the family to sustain the peace among them.
The cleric urged the family to emulate their late mother who he said gave her all – including time and affection – for them and everyone who came in contact with her.
“In death, life is transformed but not ended. This world is not our home. We’re just passing. As Christians we’re supposed to live everyday as if it were our last,” he said.
After the mass, the coffin was driven in a white Escalade hearse to the Ogwemoh family compound for the interment.
Along the way, pall bearers, from the Leading Light Funeral Concept, dressed in their all-white Agbada made of brocade material with gold-coloured caps to match, placed the casket on their shoulders as they marched and danced.
Three gun salutes went off as the body arrived the family home. At exactly 12.50pm, the body was lowered to the grave on a bright, sunny day.
It was carnival-like scenes at the Ogbake Primary School, where guests were entertained. Two live bands – Mayor Bolivia Contance and Six Brothers – took turns to thrill the large gathering.
The deceased’s son Anthony recalled how mama cared for him when he was once hospitalised.
“At bed time in the hospital, all the visitors will be asked to vacate the ward, but mama would sneak under my bed to avoid being driven out. What a watchful mummy on duty,” he said.
He also recalled how she would cook fish and corn soup, pack them in cans and send to him at his workplace; and how she would always see him off with fried fishlings, fish eggs and dried and salted fish whenever he visited.
Sylva, the Senior Advocate, also has so many fond memories of his mother, especially how she augmented his father’s meagre income as a teacher, how she cared for the children when they had even the slightest headache, and how she extended her generosity to all around her.
“She was a woman of impeccable character,” said Ogwemoh. “She was extremely generous, a kind mother. There’s no doubt that I will miss her so much.
“I have so many fond memories of her, especially her care and love for her children. You may say that’s applicable to every mother, but hers was second to none. She was really special to us.”
His wife Priscilla recalled that her caring late mother-in-law could not bear to see people in pain.
“I remember the pain in her eyes whenever any of my children took ill and she was visiting, to the extent that she always shed tears at such moments.
“Besides her generosity, kindness, care and compassion for those around her, I will always remember her as someone with a good heart and a great capacity for tolerance and perseverance,” she said.
Another son, Paul, a banker, said although his late mother had no formal education, she worked tireless and supported his late father, who died 24 years ago, to ensure they were all educated.
His wife Angela recalled how the late Ogwemoh asked her how much was bride price in her place so she could quickly be married into the family.
“She said she wanted the matter to be closed on time. She hurried my husband into the process. The day we got married, Mama bought so many things, big-sized yams and a lot of fish, so many things.
“She named me Ebikie (my beloved) after I got married. She was always happy to have me around. I remember once when I was about to return to Lagos after a holiday. She sent someone to buy fish, but the fish was small to her. She beat the table and said ‘goddammit’. We all laughed.
“She was a wonderful person. She loved me. That’s why it pains me that she’s left us, because we won’t have minded having her forever. But the will of God has to happen.”
Justice Iorhemen Hwande of the Benue State High Court in Makurdi has halted the probe panel set up by Governor Samuel Ortom to investigate the financial dealings of his predecessor, Dr. Gabriel Suswam
A statement by Gov. Ortom’s Special Adviser on Media and ITC, Mr. Tahav Agerzua, said the governor has accepted the court’s ruling. The court had ordered stay of proceedings on the probe.
Governor Ortom said the suspension was a temporarily judicial process and that the state government’s lawyers would follow due process to vacate it.
He expressed confidence in the judiciary, due process and the rule of law.
“The governor explained that he set up the judicial panel to avail all concerned the opportunity to defend themselves in accordance with the core values of his administration, which include transparency, fairness, accountability and justice,” the statement said.
Reacting to the calls that he should have extended the probe panels to the George Akume’s administration, the governor said he did not take over from the senator.
He also said those, who voted for him specifically demanded that he should probe the immediate past administration.
The probe, he said, is to know why the state had been brought to its knees, so that his administration would avoid such pitfalls and learn lessons.
The Governor stated that the people have expressed their wish that those who diverted public funds for personal use should be held accountable.
“If possible, such funds or property should be recovered,” the statement added.
Anonagenarian, Alhaja Ashiata Aduke Onikoyi Laguda, has appealed for truce within the various branches of the Onikoyi family currently enmeshed in litigation over Ikoyi landed property.
The appeal is coming against the background of suit No: FHC/L/CS/451/15 filed by some members of the Onikoyi Descendants’ Family against the Federal Government and Onikoyi of Ikoyi/Moba land, Oba Patrick Ibikunle Fafunwa and others in which they are asking the court for an order directing the government to include them in future transfer of land and meeting pertaining to return of properties to the Onikoyi Royal Family.
The aggrieved members, who are from the 10 branches of the Onikoyi family, had claimed that in 2007, a 4.342 hectares of land covered by water was allocated to the family by Lagos State Government, but it was seized by the Federal Government and later settled out of court in suit No: LD/769/12 between the Federal Government and the Onikoyi of Ikoyi/Moba land, Oba Patrick Ibikunle Fafunwa.
But because the family representatives were not involved in the out of court settlement, the Federal Government refused to release the land to any single individual as a result of which Oba Patrick Ibikunle Fafunwa sued the Federal Government in suite No: LD/8690/14, which is pending at the Lagos High Court.
Addressing a press conference in Lagos last week to mark her 90th birthday, Alhaja Onikoyi-Laguda, who is the head of the Ajose Aluko branch of the Onikoyi Family, appealed to both Lagos State and the Federal Government to disregard any sinister plot targeted at members of the Onikoyi descendants, saying that none must be left out in the scheme of things while handing over the Ikoyi property to the family.
This, she said, would ensure that members of the family benefit from the property bequeathed to them by their progenitors.
Alhaja Onikoyi-Laguda, who a former Secretary to the late Chief S.L. Edu, who was the chairman of African Alliance Insurance Company, also urged the monarch to avert discord among family members.
She said: “I want the Federal Government to know that, he, (Oba Fafunwa) was made an Oba by his family. He is rich enough and I want him to be contented with what God has done for him. He should give other members of the family part of the property belonging to the family.
“Since there is no Lloyd’s bank in heaven, you should release what belongs to the family and allow the family benefits from the property.
“You should remember that we were once together at the insurance company. Today, God has blessed you by becoming a monarch. I urge you, do not split the family because of family properties and don’t be ungrateful to those that assisted you to become a monarch.”
Alhaja Onikoyi-Laguda also appealed to other members of the Onikoyi royal family to be united in the struggle to get their entitlement and urged Oba Fafunwa to unite the family in whichever way to ensure that peace reigns in the family.
A few politically exposed persons, who escaped justice in Nigeria, have been successfully tried and jailed abroad. There are also reported extradition requests pending against others. How can the process of extradition be made less cumbersome so that those who have cases to answer abroad can do so? Robert Egbe sought lawyers’ views.
The prosecution of politically exposed persons in Nigeria is usually a complex process. More often than not, trials involving influential former office holders drag on for years and may be susceptible to being compromised.
With the never-ending injunctions obtained by lawyers, and other loopholes they exploit in the laws, there is uncertainty about when justice will be done.
However, the case is usually different where such suspects are found to have committed elements of their offences abroad, particularly in the jurisdictions of some western nations. For instance, the judicial systems of the United States (US) and the United Kingdom (UK), not bogged down by the ethnic, cultural, historical or socio-political pressures of Nigerian society, have administered justice timely and impartially in cases involving some members of the Nigerian political elite.
• Ibori … jailed in the UK
A case in point is the James Ibori saga where, in 2009, a Federal High Court sitting in Asaba, Delta State, discharged and acquitted the former governor of the 170-count charge of corruption brought against him by the EFCC. But, five years later, a London court convicted him of money laundering and conspiracy, on charges similar to the ones he was cleared of in Nigeria.
Also, in September 2005, the late ex-Bayelsa State governor Diepreye Alamieyeseigha was detained in London on charges of money laundering at a time he was not even under investigation in Nigeria and could not even be prosecuted because of his constitutional immunity.
There are other cases of Nigerians wanted abroad. The extradition to the UK of a former Managing Director of the Nigerian Security Printing and Minting Company (NSPMC), Emmanuel Ehidiamhem Okoyomon, has been ordered by a Federal High Court in Abuja. Okoyomon’s extradition is being sought by the UK government over his alleged role in the bribery allegation involving officials of the Central Bank of Nigeria (CBN), NSPMC and Securency International Pty of Australia between 2006 and 2008.
•Kashamu… allegedly wanted in the US
The case of Mr. Buruji Kashamu, who was recently sacked by an election tribunal as senator representing Ogun East Senatorial District, is another example. Former Attorney-General of the Federation (AGF) and Minister of Justice Mohammed Adoke (SAN) had stated in an application for extradition of the Nigerian businessman at the Federal High Court in Lagos, that Kashamu was the subject of a one-count charge superceeding indictment in a criminal case filed before an Illinois court on May 21, 1998.
•Allison-Madueke… invited for questioning in London
Two Fridays ago, Britain’s National Crime Agency (NCA) invited Nigeria’s former Minister of Petroleum, Diezani Allison-Madueke and four others for talks concerning a case of bribery and money laundering.
In almost all of these cases, voices of discontent have been raised by party loyalists or ethnic groups of the suspects, who have raised allegations of witch-hunting and selective prosecution. In some cases, the potential for violence if convictions are secured against the suspects is not inconsequential. This is particularly true of the potentially-volatile Niger Delta region, home of most of Nigeria’s oil reserves.
The advantages of trial abroad
The government of President Muhammadu Buhari recognises the limitations of the administration of justice system in Nigeria and has repeatedly emphasised the need for judicial reforms that will aid his administration’s anti-corruption war and strengthen democratic governance.
The president has since appointed a Presidential Advisory Committee against Corruption headed by Professor Itse Sagay, a prominent professor of law and civil rights activist. The Committee will, among other things, advise the present administration on the implementation of required reforms in Nigeria’s criminal justice system.
• Okoyomon
Nevertheless, many politically exposed Nigerians are suspected of owning property abroad. If such property are found to be evidence of money laundering, like in the Ibori saga, they could form the basis of prosecution in foreign courts. Nigeria’s role would be limited to supplying information and approving extradition requests, should the foreign government make a legitimate request. This would relieve the country of the financial burden of carrying out the trials locally. It would also put paid to allegations of selective prosecution and witch-hunting.
Constitutional lawyer and author Mr. Sebastine Hon (SAN), explains how extradition works.
He said: “Extradition by Nigeria of its citizens for trial abroad is lawful and legal. The procedure is covered under the Extradition Act 2004, and once Nigeria has a reciprocal agreement with any country, it is bound by that agreement, which is in the form of an international treaty, to extradite any person requested by that country.
“Unless that agreement is no more in force, if a request is made while that agreement is still in force, Nigeria is under obligation to comply, under international law, to extradite that person.
“Extradition in international law ensures “the smooth working of the system across international borders, to achieve worldwide peace and the fight against crime,” Hon said.
He continued: “So, without that every country is a sovereign nation that will refuse incursion into its own territory for the purpose of arrest and trial abroad.
“Nations realising the importance of fighting crime using lawful means, enacted various prosecution laws to help and situate that right of prosecution for crimes committed on their soils by foreigners.”
Lawyers prefer trial at home
Nevertheless, where elements of a crime are committed in Nigeria and also abroad, the learned silk opined that the suspect could be tried abroad, after Nigerian courts have already failed to do justice.
He said: “If certain elements of a crime are committed in Nigeria and some are committed abroad, the courts of both countries have jurisdiction to deal with those cases.
“So, if a Nigerian court fails to convict and somebody secures a conviction abroad, fair enough. It means the judicial system of that country is stronger than ours.”
He explained that by the intendment of the criminal law, anybody that commits a crime should expect punishment.
He added: “So if you escape in Nigeria and you’re found culpable elsewhere, that is good. There’s nothing wrong with that, it’s even better to have it so.
“Especially those people, who commit high crimes, they just milk the nation of billions and billions of naira and they muscle their way through in Nigeria, so to speak, and because of the weak legal and judicial system, if they’re convicted abroad, there’s nothing wrong with that. I fully support that.”
• Hon
Mr. Hon dismissed allegations of witch-hunting made by suspects in corruption trials.
He said: “Without being a witch, nobody will witch-hunt you. If you’re no witch, you shouldn’t be afraid of being hunted. I support extradition. It is in our laws and in so far as no one has abrogated those laws, the full process of the law should go on, no matter whose ox is gored or no matter whose interest is affected.”
Lagos lawyer and human rights activist, Festus Keyamo, wants all accused persons, no matter how highly placed, tried in Nigeria. Although Keyamo supports lawful extradition, he opined strongly that the Nigerian judicial system must be made effective enough to see prosecutions through.
• Keyamo
“If there’s a genuine request for extradition, Nigeria has a duty to oblige any country that asks for anyone for trial,” Keyamo said. “The reason is that Nigeria is part of the global community and we’re part of various treaties – bilateral, multi-lateral – that guarantee or prescribe the ways and methods by which people can be extradited for trial.
“So, if we’re part of all of these treaties and there’s a genuine request for extradition for anybody, we have a duty to oblige those countries. If we start turning down extradition requests on flimsy excuses, it will mean that we’re not serious in the fight against corruption,” he said.
He explained that if a Nigerian commits an offence here and elements of that offence abroad, Nigeria should not go begging that other country to try its own citizen.
He said: “Once the person is arrested here and there is jurisdiction to try the person here, we have a duty to make our system work and try the people and convict them.
“However, if there are elements that happen here and elements that happen abroad and it will not amount to double jeopardy, then we can as well try the person here and convict the person, if the person is in our custody.
“It will amount to cowardice and evidence of a weak sovereignty if we just voluntarily tell the person to go abroad, to send the person away when we have the jurisdiction to try the person here.”
•Ugwumadu
For Lagos-based lawyer, Mr. Malachy Ugwummadu, he understands why there is a perception that the judiciary doesn’t seem to be formidable enough when it comes to the administration of the criminal justice system. Nevertheless, he rejects any idea of the government encouraging foreign trials for its citizens, likening it to outsourcing the administration of the Nigerian criminal justice system.
“To make such a proposal is to encourage the government to abandon or abdicate its responsibility,” Mr. Ugwummadu said. “A government that will have to outsource the administration of its criminal justice system, has abandoned or abdicated all the crucial purpose of that government, and so it’ll be farfetched in terms of recommendations to suggest that that should happen,” he added.
He continued: “However, I did say that I understand why this is coming up, because if you take a closer look at the records of prosecution so far, it’s difficult to identify any politically exposed state actor, who has gone down in this country on account of an effective prosecution.
“That is already an indictment, but what to do is not to hand over the security of the country to another country, including those who may not even have the patience to follow the due process of the law.”
The way out
The key to an effective judicial system, said Keyamo, is to reform it. He said: “So, the fact that our system is slow and not working does not mean that we should give up our sovereignty, I do not subscribe to that, we should not.
“We have a duty to make our system work, but, if it’s only when there’s no offence here, the person has not committed any offence here but has committed an offence abroad and there’s a request for the person to be tried abroad, we must send the person away. Like the case of Buruji Kashamu, we have a duty, no matter the legal gymnastics.”
Even where the Nigerian justice system fails, Keyamo, a socialist, critic and columnist, feels it must not be given up on.
He said: “That does not mean that we should shy away from our responsibility to try people and convict them, we have a duty to make it work. So, if at the end we avoid trying people like that, in preference for sending them abroad, when will our system work?”
Mr. Ugwummadu recommends several measures that will better aid the fight against corruption. He said: “What we need to do is to strengthen the agencies of government that we have, campaign a lot more for the government to make the judiciary a lot more independent, punish judicial elements, be they judges of the High Courts, Customary Courts, Court of Appeal, Supreme Court, wherever they may be. Discipline those dissidents, who are in the habit of perverting justice and then fund properly the anti-corruption agencies.”
He continued: “The welfare and security of this country are the primary responsibility of government. The administration of criminal justice in any country borders also on security. The reason is that if you’re unable to deal with crime and criminality using the instrumentality of the law and the judiciary, you’re exposing every other law-abiding citizen to another degree of violence, because at that point you’ll be talking of self-help.
“So, a government that throws its hands up in defeat and says well, the only thing we can do is to outsource our judicial system to the United Kingdom or United States; that is not creative. Secondly, it does nothing to correct the wrongs. My recommendation, therefore, is that our government should become a little introspective, look inwards, correct the anomalies in the system that have made it possible to frustrate effective criminal prosecution.”
