The Nation Newspaper

Category: Law

  • Senate and screening of ministers

    Senate and screening of ministers

    Has the emergence of ministerial nominees, forwarded penultimate week, to the senate, by President Muhammadu Buhari (PMB),after a long wait, finally reconciledthe presidency and the embattled senate leadership, led by the senate president, Bukola Saraki? Maybe. So, can we now say, what political expediency has joined together, the war against corruption, should not put asunder? Time will tell.As the ministers’ list made the news, the senate leadership, which emerged in complete defiance of the preferences of the All Progressive Congress (APC), which commands majority in the senate chambers, finally held a closed-door meeting with PMB, with photo-ops to show.

    For whatever it is worth, the senate president, and his supporters, are basking in the euphoria of the new rapprochement. In the days ahead, wewould know theprice for the ‘new entente’, as the ministers’ screening gets underway; and as the senate president, returns to the Code of Conduct Tribunal, for his trial. As a sign of what is to come, the senate leadership has in its manoeuvre,raised the ante of political negotiation, by providing stringent measures that could unravel the ambition of some ministerial nominees, if the upper chambers would have the courage, to insist on those terms. But can they?

    The two prominent conditions listed by the senate are,that a nominee must secure the support of at least two senators out of three, from the home state of the nominee; that the nominee must produce the asset declaration certificates, issued by the Code of Conduct Bureau;with few other requirements. The senate also gleefully announced theirwillingness to receive petitions, while threatening to thoroughly screen all the candidates, regardless of previous political standing or privileges. As expected, the petitions have started pouring in, and the reasons offered by the petitioners, why the candidates should be disqualified, are as varied as the petitioners.

    In raising the standards, for the screening starting this Tuesday,the senate leadership claimed to have relied on the constitution and the precepts of the upper chambers. The principal constitutional provision on the nomination and confirmation of a ministerial nominee, is section 147(2); which provides that “any appointment to the office of minister of government of the federation shall, if the nomination of any person to such office is confirmed by the senate, be made by the President”. The major requirements listed under section 147(3) and (5), are that the appointment shall conform to section 14(3), which provides for observance of the principle of federal character, and furthermore, that a nominee shall be qualified for election as a member of the House of Representatives.

    The requirement that at least two senators from the nominee’s home state, must support the nominee, which was occasionally applied in the breach, by the former senate, is therefore not based on the constitution; but rather on the whims of the senate. Considering that the support or denial of support by the two senators, is a subjective decision, the chances of abuse, remains high; especially in the states where the senators and the ministerial nominee are from different political parties. That requirement,which has no objective standards, could encourage corrupt inducement or demands.

    This column had previously written on the constitutional powers of the Code of Conduct Bureau (CCB), to help rein in corruption, before its Tribunal summoned the senate president, overan alleged breach of the laws, on asset declaration. The powers and ancillary provisions on CCB are provided for, in the fifth schedule, Part 1, of the 1999 constitution, titled, Code of Conduct for Public Officers. Following Senator Bukola’s arraignment, he had strenuously canvassed, that he was being persecuted, because he emerged the senate president in defiance of some interests; contendingthat many other political office holders, have similarly offended the same laws.

    Ironically, while the senate president is yet to acquit himself of the charges of breach of the laws on asset declaration, the senate which he heads, has chosen to be the chief promoter and defender of the same laws, which their leader had allegedly breached. So, for the first time since 1999, a certificate of asset declaration, by ministerial nominees, have become one of the documents to be submitted to the senate, before any nominee can be confirmed.In fairness to the senate, what is good for the goose, is also good for the gander. I only hope that in seeking their Shakespearian pound of flesh, the senate leadership would apply the laws, and not their whims and caprices.

    By the provisions of paragraph 11(1) of the fifth schedule, Part 1, the requirement of the asset declaration certificate, will apply only to the ministerial nominees who were previously public officers as contemplated by that constitutional provision. Thus all the nominees who had held public office, for instance the two term former governors, who are supposed to have declared their asset “immediately after taking office” and thereafter “at the end of every four years”, as provided by section 11(1), may have multiple asset declaration certificate, or ‘written declarations’ to tender to the senate.

    Considering that many of the senators had argued that other political actors have lived in defiance of the asset declaration requirement of the constitution, are we likely to see some of the nominees capitulate, without any appearance? Assuming the senate leadership carries out this threat, would the president be prevailed upon to seek a political resolution of the trial of the senate president, to assuage the senate to gain his preferred ministers? Should the nominees brave the odds, are we likely to have future allegations of false or forged declaration of assets?Will the imminent imbroglio over the confirmation, signal the end of PMB’Swar on corruption? Questions.

     

  • ‘Technology-driven judiciary’ll boost economy’

    ‘Technology-driven judiciary’ll boost economy’

    The use of technology in judicial processes will lead to economic development, a firm, LawPavillion, has said.

    Its Managing Director  Mr. Opeyemi Olugasa said an efficient judiciary can attract foreign investment which can boost the economy.

    “As you may be aware, prompt dispute resolution and enforcement of judgments are areas of keen interest for any serious minded foreign investor.

    “By providing legal practitioners and judges with tools and products that help them perform efficiently, effectively and optimally, we are contributing immensely to national development and growth and supporting our government to achieve its goals and objectives,” he said.

    The firm, which designs legal software, was a Silver sponsor at the International Bar Association (IBA) Annual Conference in Vienna, Austria.

    On why the firm co-sponsered the conference, Olugasa  said: “Considering the percentage of Nigerian lawyers and judges who attend this foremost Conference,  we were  persuaded that it was high time the Nigerian legal industry be portrayed in a clearer focus and this influenced the company’s decision to be a part sponsor of the Annual Conference of the IBA, after being Headline sponsor to the IBA Investing in Africa Conference held in New York sometime in June 2015.

    “LawPavilion is very passionate about raising the bar in legal practice, which decision continues to influence the products and services rendered by the company.

    “Selling the Nigerian legal services industry story is very important to our corporate goal of being the undisputed partner to the 21st Century legal practitioner in Nigeria and Africa at large.”

    He stated that the value of such positioning is immeasurable to the company, but portends even more benefits to the Nigerian and African legal services industry.

    “By being a Silver Sponsor of the IBA 2015 Conference and exhibiting the company’s products, it has become apparent to the whole world that Nigerian jurisprudence is well developed and advanced, enough to allay any fears that might be entertained by intending investors. The rationale also influenced the nature of the company’s most recent product, which has so far received accolades and commendation from the legal industry.

    “It is also the company’s expectation that by showcasing the best of technologies in legal research and jurisprudence, the government at both state and federal levels would see the need to provide access to funds for small and medium sized businesses operating in Nigeria, but who have a global vision.”

    He stated that at LawPavilion, one of the driving forces behind the successes recorded so far by the company is the drive to export technology from Nigeria to the rest of the world, thereby demonstrating that indeed technology put to good use is a leveller and provides ample opportunities for all and sundry to be active in today’s global village.

    In terms of products, he revealed that the company recently re-launched and released a first-of-its-kind product, the Solicitors’ Toolkit (STK) into the market.

    He said: “The STK is a software targeted significantly at Legal Practitioners who work in commercial/corporate circles and contains updated Laws of the Federal Republic of Nigeria, Laws of States, Regulations, Guidelines and Policies from MDAs, Decided Commercial Cases of the Federal High Court, National Industrial Court, Tax Appeal Tribunal, High Court of Lagos State, High Court of the FCT, Abuja.

    “The software also contains Forms and Agreements in templates that are editable whilst keeping the original boilerplate.”

    Mr Olugasa reiterated that LawPavilion remains committed to churning out excellent products that enhance the professional work of legal practitioners and judges in Nigeria especially and Africa at large. He also intimated that the company is working on new products that will be revolutionary and ground-breaking in scope and capacity to facilitate extensive growth and improvement in the legal services industry.

    “We remain pioneers, never resting on our oars because the more we engage our subscribers and clients, the more we see their pain-points and we are resolute to find lasting solutions that will improve the justice delivery system in our great country.

    “Moreover, our vision is to provide superior legal technology support for the African Legal Community, promoting Nigerian youths’ ability to export technology and intellectual property. We think this is unique and would love all the support we can get to make it a reality. This is why we are not resting on our oars, and will continue to push the boundaries. We believe in the Nigerian dream and will consistently pursue it, not being discouraged nor deterred by the seeming lack of enabling environment. In doing so, at times, we experience disappointments, mistakes and failures, but we learn from them and strive on, always guided by the popular Michael Angelo saying: ‘The greatest danger for most of us is not that our aim is too high and we miss it, but that it is too low and we reach it’ “

  • Falana writes bank over retirees’ entitlements

    Falana writes bank over retirees’ entitlements

    Lagos lawyer, Femi Falana (SAN), has threatened to sue Unity Bank Plc if it fails to pay the entitlements of over 300 workers disengaged about five months ago.

    In a petition, which was sent  through their lawyer, Falana, the discharged staff contended  that the moment their appointments were terminated, “your management deliberately for unjustifiable reasons refused to pay their exit benefits and entitlements, including all previously accrued entitlements prior to the termination of their employment without offering any explanation for the delay till date, in flagrant disobedience to the extant labour laws.”

    The threat of legal action is contained in a petition dated September 11, , signed  by Dare Falana (of the Falana and Falana Chambers) on behalf of the retirees and sent to the Managing Director  of the bank.

    While claiming that the bank paid some monies early September to a few of the affected  workers, it pointed out that the payment fell short “of the total benefit and entitlements due to those who were paid, while the rest were not paid.”

    It was also alleged that the bank failed in the “payment of staff leave backlog, full value for number of years in service, interest earned on funds set aside/invested and a host of other entitlements which currently constitute over 60 per cent of expected gratuity payment from the bank in contravention of collective agreement and antecedents thus undermining the welfare of its retirees.”

    The petition added: “An employee whose appointment is terminated and has leave days outstanding or accrued as at the date of termination, shall have the days commuted to cash.” It wondered why the bank was not disposed to paying them their leave bonus.

    The petitioners alleged that the benefits and entitlements of affected top management staff were paid, while those of the lower cadre staff were left unattended.

    They added that since the management claimed that it invested the funds set aside for the payment of their outstanding benefit to yield interest, the retirees “are at a loss as to why the investment has not been recalled for their use.”

    They urged the bank to urgently  address the demand of the entire staff affected in the disengagement exercise, failure, warning that otherwise litigation would be instituted against the bank.

    However, in its response to the petition, the bank through its legal officers, Alaba Williams and Hamisu Sani, Head, Legal Services Department and Legal Services respectively, denied any wrongdoing, maintaining that it places premium on meeting its due obligations to deserving ex-staff of the bank in accordance with its policies.

    In its five paragraphs letter, the bank requested the lawyer to verify the petitioners’ claims so it can do the needful, if need be, emphasising that as a socially responsible organisation, it is ready to settle the entitlements of every individual with genuine claims.

    “To assist our investigation, please make available the schedule of amounts of entitlements each of your clients have been paid, what each of them claims to be outstanding and the parameters for their calculation and expectations,”, the letter  added.

     

  • SAN: Mum taught me patience, hardwork, generosity

    SAN: Mum taught me patience, hardwork, generosity

    The time was about 10pm, the day was Sunday of  the  September 13, when I received the shocking news of the demise of my dear mother from my elder brother Sir Anthony Ogwemoh (KSM). I had called Mama on the evening of Monday, 7th September, four times. Two calls to each of Mama’s two numbers without a response. This was very strange.

    When I waited till Tuesday, September 8, without Mama returning my calls, I became a bit apprehensive and placed another call to my elder Sister, Mrs Clara Kadiri, who took special care of Mama while she was alive.

    She told me Mama was doing very well and there was no cause for alarm. Little did I know that time was up and Mama’s transition to glory was very near.

    Mama, fondly referred to as “Amama” departed this world at the age of 90 years. Mama was a very successful trader. While alive, her resourcefulness was next to none. She was always on hand to augment my late father’s meager resources as a Teacher and Headmaster.

    I recall a particular incident during my university days, when I had to return home to get money for my upkeep and school fees from my Late Father, Mr. K. M. A. Ogwemoh.

    On getting home, I told my late father the reason for my visit. It was clear my father was helpless as he made me understand that his salary had not been paid for a period of four months.

    My father’s frantic efforts to source funds were unsuccessful. Immediately my mother got wind of what was going on, she quickly brought out the exact amount I needed for my fees clearly from savings from her trading business. That was my mum.

    Amama was so passionate about her children that at the slightest complaint of headache she would jump to action and ensure the child was promptly treated. Amama never wanted any of her children to suffer and would go the extra mile to ensure our safety, comfort and well-being.

    As a boarding student, after every holiday, Mama would always ensure that I had enough provisions to augment my feeding at school.

    Amama, mere rhetorics will not be adequate to describe the extent of your love, sacrifice, deep devotion, care, perseverance and selflessness towards your late husband, our Dad of blessed memory, your children, family members and others around you. Amama was extremely generous, accommodating and gentle.

    Her love and care was not exclusively reserved for her children. She shared everything she had with her neighbours, visitors and relations. You cannot visit mama and go back home empty-handed without a gift, either in cash or kind.

    Amama, your deep love for family and friends was indeed unquestionable. Your show of love is strongly impressed in our hearts and minds.

    Amama was also a wonderful and excellent cook. On any of my frequent visits to Agenebode to see mama, the first thing she did after we exchanged greetings was to dash into the kitchen to prepare pounded yam. She did this even at her very old age. Who will cook my meals when I visit Agenebode again? I will miss those delicious meals, the warm embrace and the gentle smile.

    Amama, the admirable virtues I now have, I owe to you. You taught me a lot about cleanliness, personal hygiene and so many other virtues. You taught me the virtue of patience, calmness, hard-work and generosity.

    I recall an incident when I had low scores in my overall grade in my second term examination at secondary class two, I was overwhelmed with sadness given the high standards my father expected of me.

    I remember how you gently took me aside and asked if that was the final exam for the class and I said NO.

    You then advised very softly that I should work hard to improve on my scores at the final promotion examination from class two to three. I took your advice and my life has never been the same since then.

    Amama, no doubt, I would miss your wise counsel and motherly care. You were indeed an absolute gem, a giant, a matriarch, and an embodiment of Christian love, piety, wisdom and patience.

    I am happy however that your life leaves me with beautiful memories of you, memories that will always stay, even though your absence will always remain a silent grief deep down in my heart.

    There is no doubt that your beautiful soul has left mother earth, but thanks be to God that heaven has received a gorgeous angel.

    My heart is heavy with pain, but I am comforted knowing that death is not the end, for someday we will reunite never to part again.

    I will surely miss you Amama. Rest in Peace at the bosom of our Lord Jesus Christ.

  • IBA President to lawyers: Fight judicial corruption

    IBA President to lawyers: Fight judicial corruption

    International Bar Association (IBA) president David Rivkin has urged lawyers to intensify the fight against corruption in the the judiciary.

    He spoke at a showcase session on judicial corruption during the IBA conference in Vienna, Austria.

    According to him, corruption is often viewed as the biggest obstacle standing in the way of peace, stability and human rights.

    He said corruption can be detrimental to an individual or organisation’s reputation and credibility.

    Rivkin said when corruption has spread so far as to infect even the judicial system, then its fundamental role to be fair to all is compromised.

    To him, a judge who has taken a bribe or has in any way obstructed the course to justice for any party, cannot be considered independent or impartial.

    “The problem is worsened when the manipulation comes from a higher power, such as the government. This creates an environment which fosters further corruption.

    “Objectivity and neutrality, the two most central principles to the rule of law itself, no longer exist and fundamental human rights are, by definition, violated.

    “The IBA has a particular responsibility to combat judicial corruption. It can be effective in ways that others cannot.

    “It has done a lot over the years in the wider fight, but we have not focussed on the government side before, and that’s especially important.

    “With 55,000 individual members and 195 bar associations and law societies around the world, the IBA has a unique grasp on the global legal community,” he said.

    He said the association is also making efforts to rid the judiciary of corruption globally.

    In February, IBA launched the Judicial Integrity Initiative as one of the key priorities of Rivkin’s two-year tenure.

    It has been working with the Organisation for Economic Co-operation and Development (OECD), the Basel Institute of Governance and various other anticorruption committees.

    In London in February and Singapore in March, the IBA organised a series of high-level discussions with prosecutors, civil society organisations, leading lawyers and business executives.

    Rivkin said: “Other countries are also taking action in the fight against judicial corruption.

    “Several Ghanaian judges at both high and lower court level, are being investigated over allegations of corruption.

    “China’s Central Politics and Law Committee is set to relaunch a programme to recruit judges from the top ranks of lawyers and academics to improve its judicial system, which has been criticised in the past.

    “The National Judicial Council (NJC) of Nigeria has taken severe action in recent years against those found guilty,” Rivkin said.

    According to him, corruption in the judiciary is not limited to developing countries.

    He said: “While manifestations of corruption seem to be most common in developing countries, judicial corruption remains a global problem.

    “Research by the United Nations Office on Drug and Crime (UNODC) suggests that causes of judicial corruption include low remuneration and far-reaching discretionary powers, twinned with weak monitoring of how those powers are executed.

    “In these environments, where the accused individuals sit at the highest echelons of the system, whistle blowing is especially unlikely.

    “The research also found that a lack of comprehensive and regularly updated computer systems is one of the main causes of such crimes.

    “The IBA’s role is important in that it can, and must, set an example to its members which promotes the highest standard of judicial integrity.

    “Alongside its Judicial Integrity Initiative, an additional objective of the IBA is maintaining the bar and the courts’ independence from the government.

    “If corruption compromises judges, who are among our most important protectors of the rule of law, rule of law throughout society is put at risk,” Rivkin said.

  • Oil and gas operations: rights and obligations

    Oil and gas operations: rights and obligations

    The world over, natural resources are a gift of nature.  As nature’s priceless gift to man and because nature’s endowment of these resources is without reference to people or nation, the subject of ownership and control is one that has generated a great deal of passion and controversy amongst people and nations.

    Unfortunately, these resources have been identified as playing key roles in triggering conflicts, and, all through history, the struggle for possession and control of natural resources has been the remote, if not the immediate, cause of great wars and human tragedies. The significance of land as a natural resource to man cannot be overstressed. Land, though representing only about one-third of the earth’s surface, provides a platform on which man’s activities ranging from shelter, food, industrial activities and movement are carried out.

    Nigeria has earned huge revenues from the vast oil resources, since the advent of oil in 1956. However, despite the huge revenues, Nigerians remains impoverished particularly in the Niger Delta. The impoverish state of the region has been attributed in the main, to negative impacts of oil activities on the environment and their deleterious impacts on traditional means of livelihoods. Thus, the impact of the land alienation through the Land Use Act has been given little attention. Nigeria has been bedeviled by conflict associated with the effects of natural resource exploitation for human livelihood, settlement and sustainability of the ecosystem.

    This conflict is intrinsically related to structural conflict of groups and factional struggle for resource control, and the mobilization of state power by elite of the dominant ethnic group to advance intrinsic interests. ‘Whose land?’ The Land Use Act 1978 vests all land in each Sate on the Governor. This is the one question that underpins much of the conflict associated with the exploitation of ‘strategic’ natural resources such as petroleum, diamond, gold, timber in Sub-Saharan Africa.

    It is presently at the center of crisis in the Niger Delta. It is thus imperative to examine the legal framework regulating oil operations in Nigeria and find out how these laws have shaped the relationship between the Federal Government and multinational oil companies on the one hand and the oil producing States/communities on the other. It is also the one issue that defines what communities and landowning groups receive by way of compensation for land expropriated for extractive industrial activities.

    The differing stances between the State and stakeholder communities as to who has a legitimate claim to land and the minerals under it can become quite complicated. While the state believes it ‘owns’ the natural resources and, so, must determine how best the exploitation of such resources can bolster national development objectives, indigenous communities often attach more than economic definitions to land. Many indigenous communities regard forests not merely as ‘a collection of trees and the abode of animals but also, and more intrinsically, a sacred possession.

     

    Legal Framework

     

    On attainment of independence in 1960, the Federal Government was vested with the exclusive power to “legislate on mines and minerals, including oil fields, oil mining, geological surveys and natural gas in Nigeria.

    The promulgation of the Petroleum Act of 1969 marked a watershed in the history of petroleum legislation in Nigeria. Its significance is that, among other things, it stipulated for the first time that the entire ownership and control of all petroleum in Nigeria is vested in the Federal Government of Nigeria. It also revised all the terms and conditions under which pre-1969 concessions were granted to Oil Companies. The Petroleum Act and its regulations remain the primary law regulating oil and gas exploratory activities in Nigeria.

    The Act vested the entire ownership and control of oil and gas resources in, under or upon all land or territorial waters in the Nigerian government, and authorizes the Federal Ministry of Petroleum Resources to issue licenses to Nigerian citizens or companies incorporated in Nigeria for oil prospecting, drilling, production, storage, refining, and transportation activities. The Exclusive Economic Zone Act 1978 also vest on the Federal Government of Nigeria sovereign and exclusive rights with respect to the exploration and exploitation of the natural resources of the seabed, sub soil and superjacent waters of the EEZ.

    The Constitution of the Federal Republic of Nigeria 1999, section 44(3), further vest the ownership and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria, its territorial waters, and exclusive economic zone on the Federal Government, and the Federal Government is to manage such minerals in such manner as may be prescribed by the National Assembly. Thus the Constitution confers exclusive jurisdiction on the National Assembly on matters relating to oil, gas and other minerals.

    This provision is an adoption of a series of statutory laws and regulations promulgated by the Federal Military Government between 1969 and 1990. The most important of these legislations include the Petroleum Act of 1969 as amended, Offshore Oil Revenue Act of 1971, Petroleum Profit Tax Act of 1959 as amended, Land Use Act of 1978 as amended, Oil Pipelines Act of 1978 as amended, Oil In Navigable Waters Act of 1979, Exclusive Economic Zone Act of 1978, Hydrocarbons Oil Refineries Act, the Petroleum Equalisation Fund Act of 1989, Associated Gas Re-Injection Act of 1979, Nigeria Liquefied Natural Gas Act of 1990, Oil Pipeline Regulations (Under the Oil Pipelines Act) of 1969, Petroleum (Drilling and Production) Regulations of 1969, and Petroleum Refining Regulations of 1969.

    Provisions within the Oil Pipeline Act of 1956 (as amended, 1965, 2002, 2004) and the Petroleum Act of 1969 empowers the Nigerian Government to grant access and use rights in relation to land for the purposes of oil prospecting and mining. Once a company has been granted permit, license or lease, the State government has to give access to the land.

    These laws have been one of the major sources of conflict between the host communities, the international oil companies (IOCs) and the Federal government, which have considerably impeded oil and gas production in the Country. The Federal Government with a view to mitigate the effect of these conflicts enacted several legislation such as the Oil Minerals Producing Areas Development Act 1992 which was repealed by the Niger Delta Development Commission Act 2000, the Allocation of Revenue (Abolition of Dichotomy in the Application of the Principle of Derivation) Act of 2004, Nigerian Oil and Gas Industry Content Development Act 2010 and others.

    The combined effect of the Petroleum Act, the Territorial Waters Act, the Exclusive Economic Zone Act and the Land Use Act 1978 is to vest ownership and rights of exploitation of mineral and natural resources in the territorial waters, exclusive economic zone of Nigeria in the Federal Government of Nigeria

     

    Ownership of Land

     

    Prior to 1978, land tenure system in Nigeria was based on various systems of customary law. In the southern states of Nigeria, there was a dual system of land tenure, namely; customary land tenure system and land tenure system under the received English law. Under customary law, families and communities owned land, while under English law; the English legal concepts of individual ownership were recognized.

    The situation was somewhat different in the Northern states where control and disposition of native’s land was vested on the colonial government. A significant turning point in the ownership of land in Nigeria was the promulgation of the Land Use Act in 1978.

    The Land Use Act vested land comprised in the territory of each state in the Governors of the State and such land are to be held in trust and administered for the use and common benefit of all Nigerians. The Act reduced the individual interest in land that was hitherto an absolute ownership right to a mere right of occupancy. The local communities are compensated according to a formula that assesses value based on ‘surface goods’ lost. The compensation arrangements however, do not consider the long-term implications of loss of access to critical livelihood resources.

    Also, the Land Use Act bars courts from addressing any concerns about the amount or adequacy of compensation paid to people who lose access to their land under the terms of the Act. Together, the constitutional provisions on oil and gas, the Land Use Act, the Oil Pipelines Act and aspects of the oil laws in Nigeria have empowered all the tiers of government to expropriate land for use by the oil industry without adequate compensation to the land owners in clear contravention of its International Human Rights Obligations (IHRO), particularly the right to adequate standard of living.

    There are various theories of ownership which include

     

    Absolute Ownership Theory

     

    This theory states that the owner of a piece of land is regarded also as the owner of the petroleum lying underneath the land. Land in this regard includes everything down to the crux and up to the sky. In Nigeria, the absolute ownership by the states is the order of the day. This is clear from the provisions of Section 1 of the Petroleum Act, which provides that the entire property in Petroleum shall vest in the state. Thus mineral oil is absolutely owned, but by the state.

     

    Qualified Interest Theory

     

    This theory states that petroleum cannot be owned until it is captured and reduced into possession. Under this theory the land owner is said not to have title to the oil and gas in situ because of the fact that he can be divested by drainage without consent and without any liability on the part of the person causing the drainage.

     

    The Non- Ownership Theory

     

    This theory states that petroleum is not capable of ownership. Since petroleum is like a fluid that can move from one place to another it cannot be owned in the strict sense of the word. There is not much support for this theory as modern practice show that petroleum though may move from one place to the other but is still subject to ownership by the person or authority that captures it at any particular point in time.

  • Court to hear Isara-Remo kingship tussle Nov. 10

    Court to hear Isara-Remo kingship tussle Nov. 10

    An Ogun State High Court sitting in Sagamu has fixed November 10 for hearing of a suit by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe to the stool of Odemo of Isara, Remo.

    The co-defendants in the suit 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 Olaj.

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

    Hearing in the matter, which was initially fixed for last Thursday, failed to commence as the trial judge, Justice Olugboyega Ogunfowora, has been transferred to Ota from Sagamu.

    Although parties in the matter and their counsels were present in court  and prepared for arguments  and  submissions, the new judge, Justice A. A. Babawale said she would need to acquaint herself first with all case files that have gone through pre-hearing stages, consequent upon which the new adjourned date was mutually agreed on for commencement of hearing.

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

    Giving a chronological order of the Obas produced by the ruling house, he averred that their progenitor was Rosanlu, also known as Erinsiba and that “Rosanlu begat Oyetade, who in turn begat Oyemade, also known as Mayungbe alias Ayoledoye” adding that, Mayungbe had four wives of which Arobo was the third.

    The claimant averred that as at the time Mayungbe, alias Ayoledoye, married Arobo, who hailed from Akure, she came with a male child by name Ogunsakin from her earlier marriage and that when he later became king, he accommodated Ogunsakin in the palace in his lifetime.                                                          The claimant averred that 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” and that Ogunsakin also served as “Odi” to Oba Poke, the successor to Oba Oyetade Mayungbe.

    To buttress his claim, he averred further that “Ogunsakin begat Oyekunle, who in turn begat the first defendant and that upon the death of Ogunsakin,  Oyekunle, his son, the father of the first defendant, also served as “Odi” to two successive Obas in Isara-Remo, the late Oba Samuel Akinsanya and late Oba Adeboboye Osideinde”.

    He further averred that the selection of the first defendant as Odemo-elect “is wrongful and should be declared null and void on the ground that he is not a member of Erinsiba-Ayoledoye Ruling House, but a lineage of past Odis in Isara-Remo and thus not qualified for nomination as a candidate for the Odemo of Isara chieftaincy.

    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 of Odemo of Isara; 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; an order setting aside the decision of the kingmakers selecting or electing the first defendant as the candidate for the Odemo of Isara chieftaincy.

    The claimant is also seeking an order setting aside any recommendation, if any, made by the 19th defendant and generally by the 15th, 17th and 18th defendants in relation to the first defendant as the Odemo-elect of Isara-Remo and an order directing the third defendant to issue a fresh notice to the second defendant, as head of Erinsiba/Ayoledoye, to summon a fresh meeting of the ruling house for the purpose of nominating candidates to fill the vacant stool of Odemo of Isara, to the exclusion of the first defendant.

    In their statement of defence and counter claim, the first, second, sixth to tenth and 14th defendants admitted some of the averments of the claimant and denied 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.

    He further claimed that “Odis” in Isara are not servants to the Obas, but appointed from among the royal houses and trusted relations and that his grandfather, Ogunsakin,  rendered assistance to Oba Samuel Akinsanya and that in appreciation, he appointed his son, Oyekunle Mayungbe as his “Odi” contrary to the claims of the claimant.

    The defendants averred that the meeting of the kingmakers held March 3, 2011 for the selection/appointment of a candidate to fill the vacant stool  was held at Odemo’s palace with nine kingmakers in attendance, including the D.P.O. and O/C  S.S.S.

    The defendants claimed that the cultural law alluded to by the claimant was never part of the Isara law as claimed by the claimant and that the Paramount Ruler of Remoland, Oba Micheal Sonariwo, has no role to play in the selection process and that he is not a consenting authority for Odemo of Isara-Remo.

    They contended that there is no custom in Isara-Remo barring an Odi’s son from being crowned an Oba and sought five prayers from the court.

    They prayed the court to hold that the first defendant is a bonafide member of the Erinsiba/Ayoledoye Ruling House and for a  declaration that since he is not an Odi himself, he is entitled to contest for the vacant stool of Odemo of Isara-Remo; that the nomination exercise conducted February 21, 2011 at which he was purportedly named candidate was proper and valid; that his selection and nomination by the kingmakers at their meeting of March 3, 2011 as oba-elect was proper and valid.

    They also 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 a child of Arobo, he was not fathered by the late Oba Mayungbe and that the late monarch was never a trader who lived in Akure, but was an Ifa Priest and a pig rearer based in Isara, emphasising that there was never a time he travelled to or live in Akure.

    The claimant averred that as at the time Mayungbe married Arobo, he was already a king in Isara and married to two wives and 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, adding that Oba Mayungbe later took interest in her and married her.

    He also maintained that Chief Akinola Akinsanya was never an Odi to Oba Samuel Adetayo Akinsanya, but was the first to be honoured with the Chieftaincy title of Otunba by the monarch and that Architect Pasiko Onadeko was also never  an Odi to his brother, Oba A.I. Onadeko.

    The claimant contended that the fact that the first defendant was named a surety during his search for a job does not translate that he is a prince or that they are both from same ruling house or give the first defendant the right to participate in the selection process for the vacant stool. He therefore prayed the court to dismiss the counter claim of the defendants with punitive costs.

    Meanwhile, the Akarigbo, who is one of the four witnesses listed by the claimant, has already filed an affidavit before the  Sagamu High Court, Ogun State.

    Oba Sonariwo, who is also the paramount ruler of Remoland, had in his averments, raised objections to the nomination of Mayungbe by the kingmakers, in a letter dated April 12, 2011 addressed to the Caretaker Committee, Remo North Local Government, alleging that Mayungbe is not of royal blood, in response to the enquiry of the Remo North Local Government which sought his consent on the nomination of Albert Mayungbe.

    The monarch believed he should not have been nominated and subsequently declined to give his consent to the choice of Mayungbe purportedly by the Erinsiba/Ayoledoye Ruling House.

    He referred to the objection raised by one Prince Olufemi Omoyele, who is alleging the first defendant to be an Odi, and submitted that it was “well founded”.

    The stool of Odemo of Isara, Remo, has remained vacant for eight years since the demise of the former ruler of the ancient town, Oba (Engr.) Idowu Onadeko.

     

  • Officers petition police commission over alleged unfair promotion

    Officers petition police commission over alleged unfair promotion

    Aggrieved senior police officers, who complained over the promotion of their juniors ahead of them have petitioned the Police Service Commission (PSC) to address the anomaly.

    In a September 22 petition signed on behalf of the aggrieved officers by Oludare Falana of Falana & Falana Chambers , a copy of which was made available to our correspondent,  the officers said they were ‘fraudulently’ cheated out of the last promotion for no just  cause.

    According to them, trouble started sometimes in 2000 when the Nigeria Police organised an induction course for confirmed Inspectors for six weeks.

    They said that Inspectors, who were not confirmed on the rank were excluded in the exercise with an indication that they will participate in Rank/ File ASP promotion course that was to come up later that year (2000).

    At the time the course was organised, they said, the Police Service Commission was yet to be inaugurated by the President.

    “After the Six weeks induction was rounded off on the 30th June 2000, the officers who were the participants in that Course were informed to hold on pending the inauguration of the Police Service Commission for ratification, which also applies to all Commissioned ranks in the Nigeria Police.

    “Thereafter, to our utter dismay, when the President eventually inaugurated the Police Service Commission, the list containing our names was not forwarded to the Commission for ratification,” they alleged

    “Rather our names was brought out in a departmental selection board (DSB) promotion, a promotion not based on educational qualification or training, thus surreptitiously making it appear that there was no induction course at all in order to pave the way for the course 20/2000 Officers to become our seniors in Police ranking.

    “Every effort by us to draw this to the attention  of the Police authority was often thwarted by ‘interested persons’.

    “However, the former Inspector General of Police, Mr. Ogbonna Onovo, on the prompting of former IGP Musiliu Smith, set up a panel to look into this allegation under the Chairmanship of CP. Samson Wuda (Rtd).

    “When the fraud was uncovered, he consequently wrote to this Commission to correct the anomaly. Furthermore, when Mr. Parry Osayande (D.I.G Rtd) became the Chairman of the Police Service Commission, the complaint was laid bare before him and the Commission at a plenary arrived at a decision that we should be given the promotion date of 1st of January 2008, while the Officers who were disqualified from writing the induction course with us should be given promotion date of 1st of March, 2008.

    “This was in order to reflect that we are the seniors in terms of ranking, which had been the position of things till about August 2015.

    “Again to our chagrin, the former Inspector General of Police, Mr. Sulaimon Abba, around August 2015, surreptitiously removed our names and substituted it with that of the Officers who were disqualified from writing the Induction course with us (Course 20/2000).

    “This made them our senior in the Police ranking and hierarchy, without any justification whatsoever,” the petition stated.

    Meanwhile, the officers also said the Commandant of the Police Staff College DIG Florence Adebanjo (Rtd), who coordinated the two courses (i.e. induction course and Course 20/2000), was aware of this anomaly and that she wrote a memo to the appropriate authority, asking that it be corrected to no avail.

    “It is stating the obvious that, in the Nigeria Police and indeed the public service, Induction courses are senior to both training and promotion courses.

    “Induction course is merely ceremonial as participants are already Officers, only to be inducted into their new Cadre.

    “On the premises of the foregoing, we urge you to use your good Offices to cause a detailed investigation into our Clients’ allegation with a view of correcting the anomaly and injustice meted to them.”

    The Falana chambers where the petitioned was channelled, said their clients’ are willing to shed more light on the issue with supporting documents, if the need arise.

  • Ministers: Group seeks amendment of indigeneship provision

    Ministers: Group seeks amendment of indigeneship provision

    A group, the Women for Equity and Fairness Organisation of Nigeria (WEFON), has called for an amendment of Section 147 (3) of the 1999 Constitution. It said it is discriminatory against women.

    The section says: The President shall appoint at least one minister from each state, who shall be an indigene of such state.

    WEFON, supported by the United Nations Development Programme (UNDP), said there is a threat that a woman married outside her state of birth could be denied ministerial appointments because she is not considered an indigene of her place of marriage.

    It also faulted the inclusion of only three females in the list of 21 ministerial nominees by President Muhammadu Buhari, saying it does not represent 35 per cent. At least nine women should have made the list, the group said.

    WEFON facilitator, Ada Agina-Ude, at a press briefing in Lagos, urged the president to include more women in the next set of ministers. According to her, the number of women currently involved in public decision making is abysmally low.

    She said: “In the current ministerial list, women represent only about a meager 12 per cent. This is not the change Nigerians were looking forward to. There is no way you can move a country forward without the women. They must be carried along. We’re disappointed that out of 21 nominees, there are just three women.

    “Out of the three women, we’re only sure of two. To compound our discomfort, someone raised the issue that Amina Mohammed is not an indigene of Kaduna State, and read out a section in the Constitution that persons appointed as ministers must be indigenes of the states they are representing.

    “This section further puts women at a very big disadvantage. During the last Constitution amendment, we did everything to see that the section is expunged, amended or replaced to reflect the reality on ground. In most cases, because these positions are few and competitive, people will always come up with issues of indigeneship of a married woman.

    “If Amina goes to Gombe, probably there is somebody there penciled for a ministerial position. What they are trying to do is to deprive us of one those three women, and we say absolute No! Our No should go to the Senate, that they should be sensitive to the wishes of Nigerians. Amina Mohammed is eminently qualified to be a minister.”

    Agina-Ude said before the seventh assembly ended, a landmark amendment was made, which is that if a person stays in a place for 10 years, they have the right to aspire to or be elected to any position on behalf of that state. The amendment, she said, is still pending.“

    “We want to appeal to the president, that since he considered Mrs Amina Mohammed good enough to be appointed a minister, we expect him to stand firm in her defence. Of course we need more women in the Federal Executive Council – at least 35 per cent of ministerial positions in this dispensation.”

    The group’s board of trustee member, Nnenna Nwanna, said if a woman can register and vote in her place of marriage, and her vote counted, she has in effect been recognised as being from that place.

    “Was Amina Mohammed not a registered voter in Kaduna? Did her vote not count? Should women leave their husband’s states and return to their father’s state to vote? We need to know,” she asked.

    Agina-Ude, who is Executive Director of Gender Development Action (GADA), which promotes women’s rights, founded WEFON in 2011 as a platform for women who are interested in politics to advocate and sustain pressure for inclusive practices, policies and procedures towards gender equality in politics and decision-making.

    “It is non-partisan. Any woman who is interested in politics, who is committed to increasing women participation Nigerian politics is welcome,” she said.

     

  • ‘295 Nigerians on death row in Asia’

    No fewer than 295 Nigerians are on death row in prisons across about eight Asian countries, a Non-Governmental Organisation (NGO), The Legal Defence and Assistance Project (LEDAP) has revealed.

    LEDAP, an organisation of lawyers and law professionals engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria, made this revelation on Saturday, during activities to mark the 13th World Day against the use of the Death Penalty.

    It named the countries to include China, Indonesia, Thailand, Malaysia and Vietnam. Others are Qatar, UAE and Saudi Arabia.

    The organisation called on the federal government to abolish the application of the death penalty for drug-related offences and reminded it and Nigerian foreign missions of their legal obligations under the Vienna Convention on the Consular Rights Services, to provide consular support to its citizens that are in conflict with the law abroad.

    LEDAP’s National Coordinator, Barrister Chinonye Obiagwu, said: “Data collected independently by LEDAP showed that nearly 120 Nigerians are facing the death penalty in Chinese prisons, and over 170 in Indonesia, Thailand, Malaysia, Vietnam, etc and five in Qatar, UAE and Saudi Arabia.

    “33 countries and territories retain the death penalty for drug crimes and it is estimated conservatively that over 16,500 Nigerians are in prisons abroad and nearly 350 of them are facing the death penalty.”

    The group said Nigeria is a signatory to a number of international instruments including the International Covenant on Civil and Political Rights which prohibits the imposition of the death penalty for any but the ‘most serious’ crimes.

    It emphasised that drug offences do not meet this threshold, and that only crimes involving intentional killing can be ‘most serious’.

    Obiagwu revealed that LEDAP had litigated over 35 death penalty cases on appeal, out of which nearly half of the prisoners were exonerated. She added that the NGO is producing a documentary on the innocents on death row to be titled “The Exonerated”.

    She continued: “There is an urgent need for the government to through the Ministry of Foreign Affairs to track and support its indigent citizens facing the death penalty abroad, and their families.

    “This is no longer an emotional issue but an issue of balancing the prospects of harsh punishment that does not even deter crimes, with the risk of wrongly executing innocent people. We will continue to insist with other abolitionist campaigners that the death penalty is itself inhuman and degrading, and to apply it in situation where there is high risk of mistaken conviction is utterly unacceptable in the 21st century.”

    Obiagwu further questioned the fairness of trials Nigerians face abroad. She said: “Most of the Nigerians convicted abroad did not receive fair trials because most of them did not have lawyers to defend them, the trials are held in languages they do not understand, in many cases no interpreters are provided and more importantly, consular support services are lacking.”

    LEDAP called on the Nigerian Ministry of Foreign Affairs to ensure that consular services are provided to every Nigerian facing a criminal charge abroad. The group urged the ministry to recruit and train legal attachés in all its missions, especially in South-East Asia, to ensure that no Nigerian is on death row aboard.

    The NGO further warned all the 58 retentionist nations including Nigeria of the dangers of continued use of the death penalty. LEDAP and hundreds of exonerated ex-death row prisoners in Nigeria and aboard called on the federal government to make concerted effort to abolish the death penalty in Nigeria and be responsive to the plight of its citizen’s aboard.