The Nation Newspaper

Category: Law

  • Forgery and the Senate

    The 8h senate is stymied in controversy, and, despite the best efforts of the beneficiaries of the leadership crisis, the issues have refused to go away. To compound the disagreements, five members of that otherwise august body, have reinstated that they are still in court, claiming that the senate standing orders, through which the present leadership emerged, is a forged document. That allegation, is in addition to the controversy arising from the intrigues and subterfuge that bedevilled the indecorous emergence of senators Bukola Saraki and Ike Ekweremadu, as senate president and deputy senate president, respectively.

    To be fair to the distinguished and undistinguished senators alike, the matter of who leads the senate, is the prerogative of the senators. Well, considering that they may not always all agree on a choice, a fortiori, the law enjoins them to set down the rules of engagement, ab initio. Going forward, once they set down any rule, then, it is sacrosanct that they follow it, unless they agree in a manner afore-agreed, to ignore it, or set it aside, also, in a manner pre-determined. Anyway, whether or not such was the case, in the emergence of the foremost principal officers, will be determined by the courts, since the matter is presently, sub-judice.

    However, just as the senators have their privileges, the nation state, made up of citizens, and institutions of the state, have their collective privileges. To that same extent, an allegation of forgery, as claimed with regards to the standing order of the 8th senate, is a crime against the state, and it is the prerogative of the criminal justice institutions of the state, on behalf of the nation-state, to vigorously pursue the allegation, and in furtherance of that, if the circumstance so demands, to properly bring before the court, any person(s) allegedly involved in the crime, to answer to the charges.

    So, it is strange that despite the national importance of this matter, no person has been charged to court for the alleged felony that has thoroughly embarrassed our country. Or is the allegation of forgery of the standing orders of the 8th senate, a ruse? Strange country. In fact, stranger than fiction, if one ponders some of the strange things happening here. Ordinarily, there are enough laws in the book, to determine, whether the criminal offence of forgery, has been committed. Also, considering that the document in question, is not one of the rag-tag obscene publications, without a copyright, that steal our attention at bus-stops; because of its obtrusive and lurid pictures and headlines; it is strange, that nobody has been held, for the alleged forgery.

    Let’s look at what the criminal code, which is substantially in pari materia with the penal code, says about the offence of forgery. Section 465, of the Criminal Code Act, provides the Definition of Forgery, thus: “A person who makes a false document or writing knowing it to be false, and with intent that it may in any way be used or acted upon as genuine, whether in the state or elsewhere, to the prejudice of any person or with intent that any person may, in the belief that it is genuine, be induced to do or refrain from doing any act, whether in the state or elsewhere is said to forge the document or writing”.

    Bearing this definition in mind, the simple question for the investigating authority would simply have been, to find out whether the senate standing order 2015, is a false document? To determine this, in the circumstance, is to find out, who made the document, and whether the maker, had the authority under the law, to make the document. Where the maker had no powers to make the document, and went ahead to make same, with the intent to represent it as genuine, then prima facie, the offence of forgery may have been committed.

    The responsibility of that investigating officer, or institution of state, which under our extant laws, is the Nigeria Police, is to bring the offender(s) before the law to answer the charge of forgery. Considering the provisions of the Administration of Criminal Justice Act, 2015, the police should after their investigations, forward their finding to the office of the Attorney General of the Federation, for it to decide, whether and where to prosecute. Strangely, or if you prefer, stranger than fiction, there is the unbelievable tale, as to what has happened to the police report. The report in the media is that, the report has been lost in transit, albeit in its shuttles, between the two institutions of state.

    Should the report be found, and it is established that the senate standing order was forged, Nigerians hope that the maker(s) would be taken before a magistrate or judge, for a criminal trial. According to section 467, of the criminal code: “Any person who forges any document, writing, or seal, is guilty of an offence which, unless otherwise stated, is a felony, and he is liable, if no other punishment is provided, to imprisonment for three years”.

    In climes, where the law is not afraid of some of its citizens, those who allegedly forged the senate standing orders would by now, have had their day in court. If as some senators have claimed, the allegation is baseless, then the institutions of state, should say so.  Or is it possible, as reported in the media, that the police report, did not mention the maker of the allegedly forged document. Of note, in Alake vs State, Alagoa, J.C.A; held, ‘If the charge upon which an accused person is arraigned relates to forgery, it must be proved that it is the accused person that committed the forgery’.

     

  • Man docked for alleged N10.5m fraud

    A 38-year-old man, Kazeem Giwa, has been arraigned in an Ikorodu Magistrate’s Court for allegedly absconding with N10, 518,400 given to him by one Emeka Okeke to buy baby goods.

    The prosecutor, Woman Corporal Kemi Adeniran, told the court that Giwa, of No.16 Odoleke Street, committed the offence of stealing on February 29, 2015, at No. 22, Shina Street, Ijegun Road, Lagos.

    “He obtained the money in two installments of one million and nine million naira on the pretext that he would deliver baby holding goods to the complainant,” the prosecutor told the court.

    “He had earlier won the complainant’s confidence by supplying baby goods worth two million naira at a very good price. There was a balance of one million naira left with him, but he persuaded the complainant to give him nine million naira more so that he could get more goods.”

    She said the offence contravened Sections 285 (3) (5)b and 312 of the Criminal Laws of Lagos State 2011.

    The accused pleaded not guilty to the two-count charge and was granted bail in the sum of one million naira and two sureties in the like sum.

    The Magistrate, Mr. O. O. Olatunji, adjourned the case till September 17, 2015.

     

     

  • Harmonisation or legalisation of Multiplicity of Taxes and Levies?

    Harmonisation or legalisation of Multiplicity of Taxes and Levies?

    the Federal Government, under the Goodluck Jonathan administration, acting through the then Minister of Finance and Coordinating Minister of the Economy, Dr. Ngozi Okonjo-Iweala, on May 26, 2015, amended the Taxes and Levies (Approved List for Collection) Act, Cap. T2, Laws of the Federation of Nigeria, 2004. The Act was previously referred to as Taxes and Levies (Approved List for Collection) Decree, No. 21 of 1998. It came into effect on 30th September, 1998. The Act is an existing law under the Constitution of the Federal Republic of Nigeria, section 315 of which provides in subsections (1)(a) and (2) as follows:

    (1)  Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be –   (a)   an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make law.

    (2)  The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution.

    By the combined provisions of Paragraphs 7, 8, 9 and 10 of Part II of the Second Schedule, and Paragraphs 1 and 2 of the Fourth Schedule to the 1999 Constitution, the Federal, State and Local Governments have the responsibility to collect taxes, levies and other variants of them as a fallout of our federal system of government.

    Pursuant to section 1(2) of the Taxes and Levies (Approved List for Collection) Act (hereafter referred to, for convenience, as “the Act”) provides:

    The Minister of Finance may, on the advice of the Joint Tax Board and by Order published in the Gazette, amend the Schedule to this Act.

    Throughout the Jonathan administration, the Minister was under intense pressure to harmonise taxes and levies payable in Nigeria at all levels because of its bearing on the cost of doing business in Nigeria.

    The necessity to generate increased revenue for the various tiers of government had led to a situation where the Federal, States, and Local Governments had refused to be bound by the taxes and levies listed in the Schedule consisting of three parts to wit, Part I (eight for Federal Government), Part II (eleven for each State Government), and Part III (twenty for each Local Government) as provided for by section 1(1) of the Act. Besides, it was discovered that ad hoc revenue contractors and touts were being used by many States and local governments to harass taxpayers contrary to section 3 of the Act which provides:

    A person who— (a)     collects or levies any tax or levy; or  (b)   mounts a road block or causes a road block to be mounted for the purpose of collecting any tax or levy,

    in contravention of section 2 of this Act, is guilty of an offence and liable on conviction to a fine of N50,000 or imprisonment for three years or to both such fine and imprisonment.

    Section 2 of the Act actually provides that no person, other than the appropriate tax authority, shall assess or collect, on behalf of the Government, any tax or levy listed in the Schedule to the Act, and members of the Nigeria Police Force shall only be used in accordance with the provisions of the tax laws. It is also part of the provision of section 2 that no person, including a tax authority, shall mount a road block in any part of the Federation for the purpose of collection of any tax or levy.

    Any person resident in Nigeria, since 1999, will attest to the fact that the provisions of these stated sections 2 and 3 of the Act were obeyed more in breach than otherwise. Many States and local government councils patronised non-professional revenue officers who mounted road blocks indiscriminately demanding for myriad of levies thereby distorting business plans and disrupting businesses. This prompted the Manufacturers Association of Nigeria (MAN) (as a representative of the business community in Nigeria) in 2011 in collaboration with the Centre for International Private Enterprise (CIPE), USA, carried out a study on “Fostering Private Sector Participation in Policy Making through Taxation Reform” across three pilot states of Lagos, Ogun and Oyo.

    Out of the 1,298 questionnaires administered, 1,014 were retrieved and analysed, while 17 Chief Executives Officers of selected companies were directly interviewed. The study was aimed at understanding the nature of multiple taxation and its effects on businesses. The result formed the basis for appropriate advocacy programmes intended to influence policy formulation processes of government with a view to reducing the tax burden and make Nigerian businesses more competitive.

    The objectives of this study were to strengthen the capacity of the private sector to contribute more meaningfully to policy making process, and to enhance the capacity of local, state and federal government officials to appropriate tax policies and their effect on business community.

    Relying on the result of its study, MAN petitioned the Federal Government, which allowed MAN to make a presentation to the National Economic Council (NEC) on 29th January, 2014.

    Consequently, the NEC set up a Committee with Alhaji Ibrahim Dankwambo, Governor of Gombe State, as chairman, on the Review of Incidences of Multiple Taxation across the Federation at various levels and its effects on the Manufacturing Sector’s Productivity.

    The Committee created a Technical Sub-Committee headed by Alhaji Kabir Mashi, the then Acting Chairman, FIRS, which met from Februry 22  to24, 2013 and produced a report that acknowledged the existence of multiple taxes and levies in Nigeria.

    It submitted the Report with observations and recommendations to the Dankwambo Committee, which considered it before submission to NEC. Given the seriousness of the incidence of multiple taxation as constraints to manufacturing, agriculture and overall national development, five critical recommendations were made for immediate attention:

    (i)   Review and amendment of the Taxes and Levies (Approved List for Collection) Act, Cap. T2, LFN 2004; (ii)    Outlaw the use of unorthodox means to collect taxes and levies; (iii)   Automation of tax operations by relevant tax authorities to eliminate leakages and ensure ease of collection; (iv)   Tax authorities should discontinue the use of consultants for tax assessment and collection; and  (v)   Tax authorities should publish the approved list of taxes and levies within the States and Local Governments to educate the public and facilitate compliance.

    The National Economic Council in due course accepted these recommendations. The duty to review and amend the Taxes and Levies (Approved List for Collection) Act, Cap. T2, LFN, 2004 fell on the Minister of Finance in accordance with section 1(2) of the Act. The States, whose Boards of Internal Revenue are members of the Joint Tax Board, made out a case for the inclusion of several taxes and levies in the amended list. No wonder, the list of taxes and levies for State Governments contained in Part II to the Schedule has increased by 14 from eleven (11) to twenty-five (25). This astronomic rise, is regarded in official circles as harmonisation of taxes and levies but critics see it as legalisation of multiplicity of taxes. In contrast to the states, the taxes and levies contained in Part I for the Federal Government merely increased from eight to nine while Part III for local governments increased from twenty to twenty-one.

    Furthermore, a 4th Schedule contains 6 levies that are to be harmonised among the State and Local Governments, where applicable. Besides, members of the Joint Tax Board are to advise the Minister of Finance on determining the amounts payable and review of rates from time to time with due cognisance to changes in economic trends in the country.

    For instance, the Social Services Contribution Levy is a creation of the Rivers State Social Services Contributory Levy Law of 2010. The law later became a matter of litigation and the High Court in Port Harcourt subsequently struck out the suit instituted by the Institute of Human Rights and Humanitarian Law on 19/8/2012 due to lack of locus standi. Rivers State has caused the JTB to prevail on the Minister of Finance to include this levy as No. 24 of Part II of the Schedule to the Act as amended by the 2015 Order. The Rivers State Social Services Contributory Levy Law is too harsh in its punitive provision as contained in section 19, which provides:  (1)  A company or organisation who fails or neglects to deduct from its employees and remit the levies due, shall be liable to a fine of three times the total deduction due;  (2)  A person who defaults in the payment of levy imposed shall after notice by the Board be guilty of an offence and liable to a fine of twice the levy imposed or imprisonment for one year.

    The Land Use Charge, which is a tax harmonisation enterprise between the Lagos State Government and its local government councils in respect of tenement rate and ground rent, has been included as No. 12 in the new Part II of the Schedule. Hotel, Restaurant or Event Centre Consumption Tax, which originally became controversial in Lagos before stakeholders gradually accepted it, is now No. 13 in Part II of the Schedule. Ogun and Edo States have emulated Lagos and enacted their own variants of the Law. Some States charge Entertainment Tax and in order to accommodate their own nomenclature, Entertainment Tax is distinct and chargeable on a taxpayer.

    Although it will be foolish to do so, a State may charge Entertainment Levy as well as Hotel, Restaurant or Event Centre Consumption Tax. Also of significance is the No. 7 levy in the new Part II of the Schedule, which has revised the previous levy on business premises. The amended provision reads:

    Business premises registration fee in respect of urban and rural areas which includes registration fees and per annum renewals as fixed by each state.

    The obvious implication is that a State may increase the Business Premises Levy from the maximum sum of N10,000 for registration to N50,000 or N100,000. Each State is also at liberty to revise the renewal fee to any sum it deems fit.

    No. 25 on the List contained in the new Part II of the Schedule is “Signages and Mobile Advertisement.” This means basically payment for signages such as signboards, billboards, posters, etc. A local government is also empowered under No. 20 of the new Part III of the Schedule to collect signboard and advertisement permit fees. There is no better example of multiplicity of levies than this. A similar relationship exists for a business operating in a riverine or coastal environment like Lagos or Port Harcourt. He will pay Wharf Land charge to a Local Government as legalised by No. 21 on the Part III List of the Schedule, pay Wharf Landing Fee as approved by paragraph 2(c) of Part IV of the Schedule. Besides, he will pay for sticker [see 2(a), Part IV], Haulage Fee [See para. 2(b), Part IV], single Parking Permit [see para. 2(d), Part IV], road worthiness [see para. 2(f), Part IV], Environmental (Ecological) Fee or Levy [see No. 15, Part II], Fire Service Charge (no. 21, Part II), Infrastructural Maintenance Levy (where applicable) (No. 20, Part II), Economic Development Levy (where applicable) (No. 23, Part II), Road Taxes (No. 6, Part II), Personal Income Tax (No. 1, Part II or No. 8, Part I), Withholding Tax (No. 2, Part II or No. 2, Part I), Companies Income Tax (where applicable) (No. 1, Part I), Business Premises Levy (No. 7, Part II), Vehicle radio licence fees (No. 15, Part III), Motor Park Levies (No. 9, Part III), Wrong Parking Charges (No. 16, Part III) (where the vehicle parks wrongly), etc.

    With a total list of 61 taxes, levies, fees and charges contained in the Schedule to the new Order (9 in Part I, 25 in Part II, 21 in Part III, and 6 in Part IV), leading to an increase of 22 taxes and levies from the previous 39 to the current 61, is this what the MAN bargained for when it presented its petition to NEC on 29th January, 2013? Is this the meaning of harmonisation of taxes? Or should it be understood as legalisation of multiple taxes and levies? Let the debate continue!

     

     

  • Widow asks Appeal Court to suspend bench warrant

    Widow of a former Permanent Secretary, Federal Capital Territory, Ayodeji Omotade, Folashade, has asked the Court of Appeal in Lagos to stay execution of a bench warrant issued for her arrest by Justice Latifat Oluyemi of the Lagos State High Court in Ikeja.

    She is also prayed the Court of Appeal for  an order suspending the operation of the bench warrant and for a stay of all further proceedings in respect of the contempt proceedings pending the determination of the appeal.

    Justice Oluyemi had on August 4 issued a Bench Warrant for the appellant’s arrest for her alleged failure to appear in court on July 21 in a case involving her late husband’s estate.

    The warrant was issued over her sale of a house located in Omole Phase 1, Ojodu Lagos which the litigant, Grace Omotade claimed belong to the late permanent secretary.

    Ayodeji Omotade died in the ill-fated Bellview Air crash of October 22, 2005, which crashed at Lisa Village, Ifo shortly after taking off from Murtala Muhammed International Airport in Lagos en route Abuja, killing all 117 passengers  on board.

    Folashade is a defendant in a suit  instituted by Grace, who also claimed to be the deceased’s wife.

    Folashade’s appeal was filed by her lawyers led by  Professor Taiwo Osipitan (SAN). In her grounds of appeal, Folashade argued that the trial judge erred in law by issuing/ordering the issuance of a Bench Warrant for her arrest on account of non-appearance in court.

    She claimed not to have received any hearing notice.

    Osipitan said the trial judge erred in law “by assuming jurisdiction over the Contempt proceedings in Civil Suit instituted against the Appellant, and issuing Bench Warrant against the Appellant.”

    “The right of the appellant to fair hearing was compromised or is likely to be compromised by the assumption of jurisdiction over contempt proceedings by learned trial judge whose order is alleged to have been violated by the appellant”.

    He submitted in  addition that the  trial judge whose order was allegedly violated cannot be a judge in her own cause,” noting also that ”the exercise of judicial power of issuance of Bench Warrant, for the arrest of the appellant (during the long vacation of the court) compromises or is likely to compromise appellant’s right to personal liberty enshrined by the 1999 Constitution (as amended).

    Folashade however averred in a supporting affidavit she deposed to  that the house belonged to her and that she purchased it from one Robinson Omorere in the sum of N60million.

    She claimed to have  paid for the property in three installments with cheques drawn from her company’s account.

    She denied knowledge of  Grace as a wife of her late husband  and, challenged her to produce legal proof of marriage.

    Her counsel, Osipitan argued  that the  alleged contempt  in respect of the  sale of the property situated at  5, Kayode Alli Street, Omole Phase I, Ikeja, Lagos State is not a contempt in the face of the court emphasizing that the trial judge lacks the jurisdiction to try a case of alleged contempt which is not in the face of the Court.

    He also argued that the trial judge lacks the Judicial power to issue bench warrant of the appellant.

    According to her counsels “the position of law is that the bench warrant cannot be executed whilst there is still an application for stay pending before the Court.”

     

     

  • Way out of electoral violence

    Way out of electoral violence

    No doubt, election petitions are being attended to by the various Election Petition Tribunals. The impunity that was witnessed during the election has continued as the Independent National Electoral Commission (INEC) is trying desperately to justify the rigging of many governorship and legislative elections. Apart from frustrating the inspection of election materials as ordered by the tribunals, INEC has been filing objections that are designed to frustrate the speedy dispensation of justice. As if that was not enough, INEC has urged the tribunals not to place any probative value on the use of card readers. As  there is no plan to prosecute the people who committed serious electoral offences the  Civil Society Legislative Advocacy Centre (CSLAC) deserves commendation for reminding the Nigerian people of the urgent need to revisit the orgy of violence that was witnessed during the 2015 general elections.

    The CSLAC and other civil society organisations should be more focused and vigilant more than ever before. While the various factions of the ruling class are fighting for a government of national unity that will be peopled by the representatives of all ethnic and religious groups the government should be reminded that the youths, women, workers, people with disability and other vulnerable segments of the society should be represented in the running of the affairs of the country. As corruption fights back the progressive extraction of the civil society should not hesitate to rally round the government in ensuring that the stolen commonwealth is recovered and earmarked for the development of the country.

     

    The penalty for subverting democracy in Africa 

     

    In the 1990s, the results of credible elections were annulled in Algeria, Nigeria and some other African countries by dictatorial regimes. The political violence generated by such  annulment led to the disruption of the democratic process  and the reckless massacre of many people. The perpetrators of such carnage were never brought to justice due to the weak criminal justice system which was put in place by the anti-democratic forces in power. Several complaints were filed by human rights bodies at the African Commission on Human and People Rights in Banjul, Gambia on the mass murder of people. As the findings of the Commission have no binding force  the indictment of the killer regimes was regularly  ignored. However, the victims of the genocidal acts which took place in Chad under Mr. Hasne Habre secured a warrant  for his arrest and trial in Belgium.

    The decision of the President Abdoullahi Wade  not to extradite Mr. Habre, who is in exile in Senegal, was supported  by other African leaders. Although the said warrant of arrest was issued under the doctrine of universal jurisdiction which operates in some countries European countries, Mr. Habre’s trial for the massacre of over 2000 Chadians has since commenced in Dakar.  However, the ratification of the Rome Statute by several African states  signaled  the end of impunity in  respect to genocidal acts and crimes against humanity. Under the Rome Statute  the trial of President Laurent Gbagbo  for crimes against humanity arising from post election violence in Cote D’ivore is due to commence soon at the International Criminal Court in the Hague.

    In 2008, the failure of the electoral body  to announce the results of the presidential election held in Kenya led to the brutal killing of over a thousand people and the destruction of several properties. Mr. Kofi Anan, a former Secretary-General of the United Nations was invited by the government to conduct an inquiry into the political violence. Based on the  report of the inquiry charges of crimes against humanity were filed against  Messrs  Uhuru Kenyatta and William Ruto at the International Criminal Court (ICC). Notwithstanding the election of both suspects as President and Vice President of Kenya in the 2013 general election while the case was pending the charges were not discontinued.

    Instead of drawing the necessary lessons from the case, African leaders threatened to withdraw the ratification of the Statute of Rome if the trial of the Kenyan leaders was not terminated by the Special Prosecutor of the ICC. Although the threat was ignored the case has been struck out for want of diligent prosecution. In a bid to stop the trial of African leaders at the Hague  the African Union resolved to expand the mandate of  the African Court on Human Rights sitting in Arusha, Tanzania to  deal with allegations of  genocide and crimes against humanity committed in any African country. In spite of the criminal jurisdiction conferred on the African Court  the forthcoming trial of President Laurent Gbagbo at the ICC  has contributed to peaceful transfer of power in the several African countries including Nigeria.

    Peace Accord and Electoral Violence 

     

    Shortly before the 2015 general elections, Mr. Kofi Anan and  Chief Emeka Anyaoku, a former secretary-general of the Commonwealth,  jointly presided over the signing of a Non-Violence Accord by the presidential candidates of the registered political parties. At the well celebrated ceremony which held in Abuja at the instance of the National Peace Committee the candidates of the two leading political parties embraced each other. While the media and several people were excited with the development I expressed the view that the so called peace accord would not stem the tide of political violence in the country due  to the violent nature of the electoral system coupled with official impunity. As rightly observed by the National Human Rights Commission, “signing a peace pact is easy, the more difficult part is to ensure that the political  office seekers and their supporters work within the rules of engagement.”

    Notwithstanding the peaceful transfer of power from the ruling party to the opposition party the country recorded a reign of terror by armed thugs who engaged in the  bombing and burning of  party secretariats, the  destruction of vehicles belonging to political parties,  the harassment  of political opponents , the extrajudicial killing and brutal attacks of innocent people at party congresses and primary elections, the unprovoked assault on judges etc. Top political leaders  made inciting statements. A governor published  a death wish advert capable of causing ethno-religious riots. Another governor attended a meeting where ex-militants threatened to declare a war on the Republic if the  particular candidate backed by them was not re-elected. In Lagos, scores of well armed operatives of an ethnic militia who were accompanied by the police  staged a street protest. A state governor accused a minister of paying armed thugs to stone President  Jonathan during a political rally  in Bauchi.

    The aforementioned cases of electoral malfeasance were never taken up by the law enforcement agencies. Indeed, the security agencies did not hide their partisan position during the season of anomie. In particular, the former national security adviser and the  service chiefs instigated the INEC to postpone the general elections by six weeks.  Under the pretext of maintaining law and order the state security service  endorsed the wearing of  masks by armed thugs at campaign rallies. Indeed, there were politically motivated killings traceable to security personnel. With such official impunity the leading political parties engaged in the uncontrolled contravention of the electoral law and the penal code. The National Human Rights Commission disclosed that not less than 100 people were killed during the general elections. So far, no suspect has been prosecuted for the reckless murder of the unarmed citizens.

     

    Official impunity and electoral

    offenders

    In 2007,  President Umoru Yaradua admitted that the election which brought him to power was flawed.  In a bid to sanitize the electoral system he set up the Mohammadu Uwais  Electoral Committee . Among other recommendations the Committee called for the establishment of an Electoral Offences Tribunal. The Yaradua Administration rejected  the recommendation without any justification. However, following the political violence which greeted the announcement of the results of the presidential election in some states in the North and Akwa Ibom in April  2011, President Goodluck Jonathan set up the Ahmed Lemu Panel to investigate the crisis. From the detailed report of the Panel, 943 people were killed while 838 others were injured.  While the Federal Government has paid over N10 billion as reparation  to  the victims of the riots,  the 626 suspects who were arrested in connection with arson, culpable homicide and other grave offences perpetrated during the civil disturbances have been left off the hook on account of official impunity that has become the order of the day under the current political dispensation.     Convinced that electoral offenders ought to be prosecuted in order to stop electoral violence  the Panel  equally made a strong case for the setting up of “an autonomous and constitutionally recognized electoral Offences Tribunal, but which may be an ad hoc body as it may not have much to do in between election periods.” In accepting the recommendation of  the  Federal Government undertook to take all necessary actions to establish the Tribunal. Although the recommendation was adopted  in August 2012 , the Tribunal is yet to be set up.  Instead of signing a  non-violence accord  President Goodluck Jonathan  ought to have instituted  the   Electoral Offences Tribunal. That would have  put an end to the official endorsement of politically motivated violence in the country.

    Since ours is  a country which claims to operate under  the Rule of Law  it is inexplicable that the suspects involved in sabotaging  the electoral process   have not been charged to any criminal court. The crisis of impunity in the land has been compounded  by the partisan involvement of the authorities of the police, the armed forces and other security agencies  in the political process. Although there are adequate and elaborate provisions in the Electoral Act, 2010 as amended and the penal statutes to deal with political violence and  electoral malfeasance the managers of the neo-colonial state lack the political will to bring electoral offenders to book.   In a number of decided cases, the courts have held that candidates  sponsored by political parties cannot be held vicariously liable for  politically motivated violence and electoral malpractice carried out on their behalf  unless they can be directly linked with instigating or directing their supporters to engage in such criminality. Indeed, political leaders usually dissociate themselves from acts of violence by condemning the perpetrators. In many cases, attorneys-general are directed to file nolle prosequi to stop the prosecution of suspects who belong to the ruling parties. Hence, the cases of the hundreds of suspects charged to court by the Police for electoral offences committed during the 2003, 2007 and 2011 general elections  were abruptly terminated   in all the states of the federation.

    It is submitted that the withdrawal of cases of electoral violence is illegal as it is subversive of democracy. It ought to be pointed out that even executive immunity does not cover election petitions and electoral offences! In Turaki v. Dalhaltu(2003) 38 WRN 54 at 168 Oguntade JCA (as he then was) held that “If a Governor were to be considered immune from court proceedings, that would create the position where a sitting Governor would be able to flout election laws and regulations to the detriment of other persons contesting with him. This will make a nonsense of the election process and be against the spirit of our national Constitution which in its tenor provides for a free and fair election.”

    As President Buhari has pledged to bring the perpetrators of electoral violence to book the federal government should direct  the National Human Rights Commission and the Nigeria Police Force to collaborate with the Independent National Electoral Commission (INEC)  to prosecute all electoral offenders. In view of the limited capacity of the INEC to discharge the onerous duty  conferred on it by section 150 of the Electoral Act, the Nigerian Bar Association (NBA) should assist  in the  prosecution of electoral offenders throughout the country. The influential members of the National Peace Committee may wish to join the campaign to end impunity in the country. Unless electoral offenders are punished as envisaged by the Electoral Act  and the Constitution the subversion of the democratic process will continue unabated.

     

     Conclusion

     

    Finally, I wish to call on the federal government to constitute  the INEC without any further delay. The many vacancies in the INEC should be filled with independent minded Nigerians of unimpeachable integrity through a transparent process. Once reconstituted the INEC should proceed to ensure that all citizens of voting age are registered and issued with permanent voters cards on a continuous basis while the use of card readers is perfected for future elections. The National Assembly is called upon to amend the Electoral Act to permit electronic voting and the use of permanent voters cards and card readers. Henceforth, the INEC should bear the legal responsibility of  proving that elections have been  properly conducted in substantial compliance with the Electoral Act.

     

     

     

     

     

  • Lagos Customary court law for review, says CJ

    Lagos Customary court law for review, says CJ

    The 2011 Customary Court Law of Lagos State is to be amended to expand the scope of operations of customary court judges, the Chief Judge of the state, Justice Olufunmilayo Atilade, has said.

    Addressing new Presidents and Judges of Customary Courts during their swearing–in ceremony at the High Court, Ikeja, Lagos last week, Justice Atilade said officials of the court are already working with the Ministry of Justice to amend the law with a view to increasing the jurisdiction of the courts.

    “In the past, the Customary Court Law had the jurisdiction to entertain cases involving tenement rates, sanitation issues, minor road traffic offences.

    “With the 2011 Customary Court Law, the jurisdiction of the Customary Courts in civil matters as provided for in Section 25 of the Customary Court Law 2011 is limited to matrimonial matters, issues of inheritance not exceeding N500,000.00 and civil bye-laws.  In criminal matters, the jurisdiction of the Customary Court is only limited to contempt in the face of the court as provided in Section 40 of the Law”, she noted.

    The Chief Judge pointed out that the Local Councils and LCDAs are responsible for the salaries, allowances, provision of court rooms and maintenance of such court rooms.

    In view of the responsibility of the Local Government Council and LCDAs, she said it would be necessary to increase the jurisdiction of these courts to accommodate minor offences such as minor traffic and sanitation offences which do not require custodial sentences .

    She said that the state government and the judiciary are also looking at the establishment of a Customary Court of Appeal for the state, noting that at the moment, all appeals from the Customary Courts go to the Magistrate Courts.

    Justice Atilade pointed out that with the pausity of Customary Court Judges in the state, it became expedient for the  Judicial Service Commission to  commence the process of recruiting persons of proven character and good standing in the society into the positions of Presidents and Members of the Customary Courts to replace such persons who had been disengaged by age, tenure or death.

    According to her, there are 52 Customary Courts spread all over the state with each Local Government Council or LCDA having at least one court.

    Justice Atilade congratulated all the newly appointed Presidents and members of the Customary Courts as Customary Court Judges of Lagos State.

    The Chief Judge admonished the new appointees to be diligent , fair

    and impartial, stressing that the attributes of a judge include but not limited to humility, impartiality ,knowledge of the customs of the land  and being a good listener .

    “A Judge must be above board whether in court or out of court .Above  all you must always bear in mind that in all you do, there is an ultimate Judge”, she stated.

     

     

  • Ex-Commonwealth lawyers’ boss wears new cap

    Former Commonwealth Lawyers Association (CLA) president Mrs. Boma Ozobia has been appointed a member of the MNCapital Africa Advisors ( MNCAA) advisory board

    MNCAA is a South Africa-based firm which offers corporate advisory, capital raising and market entry services, with partners in key African markets, including Botswana, DRC, Ghana, Nigeria, Tanzania and Zimbabwe, as well as key financial centers across the globe.

    Ozobia was the first woman CLA President in over 50 year. She was on the Board of Trustees of the Royal Commonwealth Society and also served as the Chairwoman of the Association of Women Solicitors of England and Wales between 2005/2006. She was awarded national honours of Officer of the Order of the Niger (OON) in September 2014.

    MNCAA Managing Partner Mansur Nuruddin said: “Boma’s wealth of experience will enable us to provide a much higher level of service to our international clients looking to invest in Nigeria as well as our clients in Nigeria seeking capital and international partners.”

    Ozobia said: “MNCapital Africa Advisers is well positioned to drive economic growth and employment in Africa through its expert advisory services and strategic partnerships. I am delighted to be a part of this and look forward to working with the team to achieve the corporate objectives.”

     

  • Landlord threatens mother, child  defiled by neighbour  with eviction

    Omowunmi, the mother of the 10 year old girl (names withheld) allegedly defiled by a co-tenant , Mayowa Adeyemi, is now being threatened with eviction from her one-room boys squatter apartment at Miyaki, Oworonshoki by her landlord.

    In spite of the psychological and traumatic experience she has been going through after the incident, the woman said she is also under pressure by her landlord simply called Baba Sulia and  a lawyer called Kayode, who is representing the interest of  the man who allegedly defiled her daughter to settle out of court and accept N100,000 compensation.

    Those who are also pleading with her to settle out of court and accept monetary compensation include the siblings of the defendant and  a lady who  lives in Bourdillon said to be a benefactor of the perpetrator of the dastardly act.

    Mayowa who is alleged to have defiled the child is presently being tried by the Police at an Ikeja Chief Magistrate court sitting in Ogba.

    He was arraigned before the court presided by Chief Magistrate  Y. J. Badejo-Okusanya on charges bordering on child molestation and defilement on Monday August 24, 2015 and is presently in prison custody on the order of the court while the matter had been adjourned till October 12, 2015 for continuation of trial.

    Mayowa was arraigned by the police before the court following the outcome of the examination carried out on his victim at the Mirabel Centre, Lagos State University Teaching Hospital (LASUTH), Ikeja.

    From the Mirabel Centre, Omowunmi was referred to the Domestic and Sexual Violence Response Team (DSVRT) upon the medical evidences discovered by the centre corroborated the oral testimony of the victim, hence the commencement of his trial.

    Omowunmi said she woke up in the middle of the night on August 18, 2015 only to discover semen on the thigh and vagina of her nine year old daughter.

    Upon enquiry, the victim told her mother that her neighbour, Mayowa forcibly had canal knowledge of her.

    Asked why she did not cried out, the victim said her assailant covered her mouth with a pillow and threatened to kill her if she told anyone.

    Upon the confession of the victim, the mother said she quickly called the RRS team who arrested the defendant and took them to Oworonshoki Police station.

    She said they were referred to Mirabel Centre by the Investigating Police Officer (IPO) Aisha for further test after her initial examination of the victim and based on what she discovered in the vagina of the victim.

    In spite of this development, the mother of two  said she is being threatened with eviction from her  one-room apartment despite that she has a subsisting tenancy arrangement on the house which she moved into December last year after paying for  a two year tenancy arrangement with her landlord.

    While the lawyer was pressuring her to accept N100,000 as compensation on behalf of the victim,  her landlord, simply called Baba Sulia threatened her with eviction because he was not consulted and given opportunity to intervene in the crisis between her and her neighbour in order to achieve amicable settlement between them before inviting the Police into the matter.

    She said in addition that her landlord and wife have continuosly abused her  in the most unprintable languages for refusing to drop the case instituted by the Police against Mayowa.

    She said she no longer feel safe in the house as the senior brother to her daughter’s assailant may have also been monitoring her movement as he daily, asked  of her movement  since the incident occurred two weeks ago.

    The threat of eviction of Omowunmi by her landlord is now being handled by the Citizen’s Mediation Centre(CMC) an agency of the Lagos State Ministry of Justice.

    The DSVRT Coordinator, Lola Vivour-Adeniyi said all those pressurizing the mother of the victim to drop the case have all been informed that these are issues that the state government is interested in and that the Director of Public Prosecution (DPP) had already requested for the duplicate of the case file to be forwarded to the office.

    Vivour-Adeniyi  said the case epitomizes the undue external pressures faced by victims and their relatives to have these matters settled out of court. She stressed that the state government is however determined to ensure that justice is done in the matter.

    She said issues of rape, child defilement and other forms of domestic violence are crimes committed against the State and only the Attorney-General has the power to discontinue a matter. Victims should therefore be encouraged to speak out and urged members of community to desist from pressurizing victims to settle out of court.

     

     

     

  • Asset declaration and best practices

    Nigerians on  September 3, 2015 woke up to new realities as details of the assets of the President and Vice President, Buhari and Osinbajo were unveiled to the public through public declaration of their assets. The assets are as declared before the Code of Conduct Bureau (CCB) on assumption of office on May, 29.  The development implies that the two officials took a step higher than what the law prescribes in causing publication of assets already declared to be made in the newspapers.

    Buhari
    Buhari

    According to the report, details of the President’s assets declared publicly include: Less than N30m cash; one Union Bank account; shares in Berger Paints, Union Bank and Skye Bank; five homes in Daura, Kaduna and Abuja; two plots of land in Kano and Port Harcourt; Farms, an orchard and a ranch; 270 head of cattle, 25 sheep, five horses, birds, trees; Cars, two of which he bought from his savings and the others supplied to him by the Federal Government in his capacity as former Head of State.

     

    Osinbajo
    Osinbajo

    The Vice President’s assets include: N94 million and $900,000 in his bank accounts; 4-bedroom residence at Victoria Garden City, Lagos and a 3-bedroom flat at 2 Mosley Road, Ikoyi, a 2-bedroom flat at Redemption Cam and a 2-bedroom mortgaged property in Bedford, England; Law firm, known as SimmonsCooper; Shares I Octogenerium Ltd., Windsor Grant Ltd., Tarapolsa, Vistorion Ltd., Aviva Ltd., MTN; Infinity SUV, Mercedes Benz and a Prado Jeep.

    The public declaration of assets by the President and the Vice President is significant for several reasons.  First, having made the issue a subject matter of campaign during the build up to the last presidential elections, the gesture may have been an indication of promise kept.  I recall that in an interview I granted to The Guardian on Tuesday June 9 2015 tittled: “Buhari, Osinbajo will make asset declaration public” I responded to anxieties about the prospects of the President and the Vice President declaring their assets this way.

    “We must proceed from the premise of what the law stipulates, which is to the effect that they are expected to declare their assets.  The law did not stipulate that those assets should be publicised, the assumption being that once declared, it is in the public domain.  Whoever is interested should go and apply for a certified trued copy from the code of conduct bureau.  But in the light of the present circumstance, on the strength of the integrity and antecedent of Mr. President and his vice who rode to power on the integrity ticket, with the well-known incorruptible posturing of both men who have zero-tolerance for corruption, my expectation is that they should take a step further by causing their asset declaration to be made public.  My view is that they are going to do that.  I am 100 percent optimistic that they would cause the asset declared to be published.  My optimism arises from my knowledge of the personalities involved, particularly the vice president, who has a record of integrity in public service and values his reputation.  I would implore the civil society organisations to be patient with the new leadership because they are just settling down and there are a lot of issues to be grappled with.  Let us see what is going to happen in their first 100 days, because they have said within this period, they are going to make their asset declaration public.  I think we should not stampede them and invest faith in their credibility and integrity.  They have done what is required of them, legally speaking.  They cannot publicly declare such assets without complying with the formalities prescribed by law, which is what they have done now.  Having declared and submitted their forms to the code of conduct bureau, let us wait for further policy pronouncements of what they intend to do.  I believe it is rather premature to think that they are trying to shy away from declaring their assets publicly.  I  happened to be in a public function, where the vice president assured that beyond what the law stipulates, such asset declarations would be published in major national newspapers.  I know he is a man of his words.  So, those criticising them should keep their gun powder dry and let’s wait for few more weeks”.

    Wahab Shittu
    Wahab Shittu

    On a personal level, I feel fulfilled that the two topmost public officials in the country have kept their promises, meaning that the optimism that some of us expressed have not been betrayed.  The word of a gentleman ought to be a bond.

    Beyond keeping of promises, the gesture must also be considered and analysed against the background of international experience of asset declarations with a view to determining whether our country can also draw useful experiences from best practices in other climes.

    Undoubtedly, asset and interest disclosure has become a key global anti-corruption issue.  In the light of the clear agenda of Mr. President on the basis of which he rode to power, this public declaration of asset is one clear signal that this administration is really serious and committed to its anti-corruption campaign.  If the number one and number two citizens have declared their assets publicly, what prevents any other public official from not following this worthy example?  It is also important that this declaration is coming before the appointment and constitution of the cabinet ministers. My expectation is that all appointed ministers and other categories of public officials now have heavy moral and legal responsibilities to publicly declare their assets.  There can be no excuses for non-compliance.  Indirectly, the President and Vice President may have started the war against corruption on a very solid and bright foundation.

    The understanding is that the asset declaration represents a veritable tool for transparency in governance – an important hallmark of the democratic tradition.

    The international community considers asset declarations as a tool for transparency. This is evidence by its inclusion in the UN Convention against Corruption, which notes that:

    “Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials”

    The understanding is that “regulations concerning the disclosure of assets and interests can help prevent conflicts of interest among public office holders. Disclosure of information on private interests increases the transparency of decision-making processes, and thereby lays the foundations for the accountability of office holders for their actions. The disclosure of assets helps to provide a baseline and thus means for comparison to identify assets that may have been corruptly acquired and that a public official may legitimately be asked to account for. A good disclosure system can, further, be the basis for successfully enforcing criminal and other legal anti-corruption provisions”.

     

    Best Practices – Country Examples

    International best practices on asset declaration vary from country to country depending on the legal regime and the emphases placed on combating corruption by the authorities.  While some countries prefer to restrict the disclosure requirement to senior office holders or those in sensitive positions, others require the declaration of interests of less senior public officials more generally, with some also requiring information about the assets of public officials’ spouses. Few countries, however, require asset disclosure of public officials at all levels. Examples of countries in this category include: Belarus, Brunei Darrussalam, Colombia, Egypt, Greece, Guatemala, Iraq, Italy, Lebanon and Malaysia.

    This underscores the seriousness of asset declaration. Nigeria’s latest example is a clear indication that our country is ready to implement the international code of conduct for public officials – a commitment which has long been established as the main objective of UNESCO Commission on Crime Prevention and Criminal Justice which publishes a yearly report of the Secretary-General on the implementation of the international code of conduct for public officials. One clear recommendation to be made is the need to comply with international best practices. A few examples of how some countries have addressed this challenge would make the point being made clearer.

    Albania

    In Albania there is a Revised Asset Disclosure Law approved by the parliament on the strength of the agitation by the Albania Coalition against Corruption.  It took over one and a half years to convince the government that drafting a new law was a necessary element to the reduction of corruption in public finance.  The model may be useful in reforming our law in this area particularly areas that would streamline remuneration packages available to our parliamentarians with a view to ensuring reduction in the cost of governance – a popular clamour in our society today.  The Albanian experience was informed by research findings indicating the lack of transparency of financial disclosures by public officials.  The Albania’s law recognises that all declaration be made public; a reduction of the number of senior officials and the family members required to declare assets from 11,000 people to 3,500.  The legislation also expects members of families of public officials to also declare their assets particularly those who have access to public funds.The law is enforce by an independent body call the High Inspectorate, responsible for the enforcement of the law.Is Nigeria ready for such a model?

     

    Liberia

    In Liberia there is a model for combating political corruption through asset disclosure which shows how effective asset disclosure can lead to public accountability the National Election Commission (NEC) in Liberia is actively involved.  This means political parties and candidates contesting elections publicly declared their assets.  These declarations were made available for public scrutiny via the NEC website and written about widely in the press. The electorate thus had an opportunity to make more informed decisions at the polls and to hold the winning candidate accountable in the future.

    Papua New Guinea and Taiwan

    In Papua New Guinea and Taiwan the role of Ombudsmen in monitoring asset declaration is emphasized.  These are two countries where the ombudsman can review and monitor declarations of income and assets made by senior public officials.  The ombudsman is an office independent of government with the investigative capacities to examine the contents of financial declarations.  This model can avoid the necessity for establishing other independent mechanisms specifically for monitoring financial assets.  Is Nigeria looking in the direction of creating the office of the ombudsman?

     

    Tanzania

    In Tanzania, “the Tanzania Governance Notice board collates and presents information that is useful for the strengthening of accountability, transparency and integrity in Tanzania. Key statistics, including budget data, audits and other governance related indicators, have been gathered in the TGN database. Though the noticeboard doesn’t explicitly collect information resulting from asset/wealth disclosures, it is interesting as an example of an IT platform sharing a range of financial information to enhance transparency and accountability”.  The Tanzanian model emphasises the use of data compiled through means of notice board.  Can we share this experience?

     

    Useful Lessons 

    Our parliamentarians can borrow from the UK experience.  In the UK the house of commons has set up a register of interest in May 1974 maintained by the parliamentary Commissioner for Standards as laid out in the House of Commons Standing Order No. 150.  “The purpose of the register is to encourage transparency and accountability. It is “to provide information of any pecuniary interest or other material benefit which a member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in parliament, or actions taken in the capacity of a Member of Parliament”3. The register is not intended to be an indicator of a member of parliament’s personal wealth, nor is registration an indication that a member is at fault”.

     

    Transparency

    Transparency is also promoted by the obligation on members to declare in parliamentary debates or proceedings and dealings with other members, ministers or public servants, all interests, whether registrable or not and including indirect, past and future interests which are relevant to the business in hand. While the obligation to register outside employment, sponsorship, property and shareholdings is absolute, in respect of other gifts and benefits the requirement is only to register those interests which in any way arise out of membership of the House of Commons. In line with this principle, the interests of spouses, partners and dependent children are registrable only if they arise out of their relative’s position as a member, or if they are held jointly with, or by, the member. The interests which are to be registered are set out in the “Code of Conduct and Guide to the Rules relating to the Conduct of Members”.

    Interests are registered under the following 10 categories:  Remunerated directorships;  Remunerated employment, office, profession etc; Clients;  Sponsorship or financial or material support;  Gifts, benefits and hospitality (U.K.);  Overseas visits; Overseas benefits and gifts;  Land and property;  Registrable shareholdings and Miscellaneous and unremunerated interests

     

    Senate and House of Representatives

    Our Senate and House of Representatives can draw useful experience from the model and compliment the Buhari administration’s resolve to fight corruption through transparency and accountabilities.

     

    United States of America

    In the USA there is a window established by the Centre for Responsive Politics emphasising personal Financial Disclosures Database.  “The Centre for Responsive Politics is a non-partisan, non-profit research group based in Washington, D.C. that tracks money in politics, and its effect on elections and public policy. The centre conducts computer-based research on campaign finance issues for the news media, academics, activists, and the public at large. The centre’s work is aimed at creating a more educated voter, an involved citizenry, and a more responsive government…the centre has devised an innovative way of communicating information via the internet on the assets of political representatives – a searchable, online database that can be sorted by various categories”.

     

    Conclusion

    In conclusion, there is need for Nigeria to embrace international best practices on asset declaration by our public officials.  Drawing specific examples from Albania, Tanzania, Papua New Guinea and Taiwan, Liberia, UK and United States among others the following measures may be considered:  1.      Extending asset declaration to members of families of public officials  2. Instituting a code of conduct on asset declaration for our parliamentarians   3. Setting up the office of the ombudsman to monitor and enforce compliance 4. Creating a register of interests to be rigourously enforced by our parliamentarians 5.  Other measures depending on the model being adopted.

    Next to public declaration of assets is the need to insist on code of conduct for public officials.  Whether for parliamentarians or public officials, codes of conduct help to build an atmosphere of ethics. For government officials, they offer a clear, concise frame of reference for an institution’s ethical principles in a single document.

     

     

     

     

     

    Within a government, codes of conduct strive to decrease corruption and increase accountability among public officials – whether elected or appointed. The aim of these codes, which may be voluntary norms or legally enforced, is to make sure that the public’s interest is protected. When designed well, codes of conduct offer clear ethical standards and a reference point which citizens and governments can use to assess the behaviour of public officials. Codes of conduct typically are combined with sets of penalties and other punishments for public officials found to be in violation of them.

    No doubt asset declaration by our President and Vice President is a step in the right direction.  We can now say that the war against corruption has actually started.

     

     

  • Paralegal services key to access to justice

    Paralegal services key to access to justice

    A lot of people and groups are engaged in activities akin to legal services without having the knowledge of the law under which they are operating. The Federation of International Women Lawyers (FIDA) Lagos State, last week organised  a training programme for these groups  who offer paralegal services to the vulnerables in the society, ADEBISI ONANUGA reports

    What are the roles of paralegals? This was one of the issues discussed during a training programme organised by the Federation of International Women Lawyers (FIDA), Lagos branch, last week.

    It was held in collaboration with  the Social Development Fund (SDF) of the Embassy of France in Nigeria to educate participants on laws they can apply in helping the vulnerable.

    FIDA Chairman in Lagos, Eliana Martins said the training programme  was the result of a survey the association carried out in the communities which revealed that a lot of people are not well informed as to what their rights are and how they can actively access justice.

    Martins said FIDA is committed to the promotion and protection of the rights of the vulnerable people particularly by focusing on the  women and children. We started with a survey and  with the information we got there, we are now packaging programmes to deal with issues that emanated, based on the outcome of that survey by going to market outreaches, communities and visit community leaders to ensure that they work with us effectively to bring access to justice closer to the women and children. According to her, FIDA,  Lagos believes that the training of those involved in paralegal services is very key to  Access to Justice. She said this explains why they gathered  leaders of or representatives of different groups working within the communities in Lagos for the training programme.

    In her paper at the training programme, she described paralegals as persons who are qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts.  “Anybody who has the right qualities can be a paralegal. Once you have the drive, the passion and commitment to ensure that due process is carried out; to ensure that when the rights of people you see around you are infringed upon, you are ready to speak out, enlighten them and to do the needful by working with the lawyers to ensure that justice is done.

    ”FIDA Lagos is engaging people who are already working in different communities and we brought them together so that they can effectively provide the legal aid in those communities that they operate.  We are teaching what the concept of paralegal is, what the functions are, the role they are required to play. We are seeking their cooperation to work with FIDA. Even though we are lawyers, we are not always available  to touch the grassroot and everywhere. There is so much conflict and issues around the society. So we came up with this training so that these paralegals can work effectively with FIDA and deliever that first legal aid. By working with us, we would continue to engage them and when there are cases they cannot handle through mediation and  negotiation, FIDA will take up these cases”, she said. The association, according to her, has  handled numerous cases within the last one year.” In mediation alone , we have handled not less than 200 cases. Though the legal process is long but through mediation, not less than 30 cases have been successfully resolved and not less than five cases through the court system”, she added.

    The Secretary FIDA, Lagos, Marian Jones in her paper titled, “Nigerian Law and Legal System” took the trainees through the features of the Nigerian legal system, the processes of law making, the basic provisions of the constitution of the Federal Republic of Nigeria and the Court system.

    She explained for instance that there are two basis forms of law- written and unwritten. She said under the Constitution of the country, no one can be punished  for breaking an unwritten law but that there may be sanctions imposed by customs and traditions or religion for those who break rules.

    She also explained that under the laws of the country, while a police has the power to arrest a person who has committed a crime, a person has a right not to say anything until he gets a lawyer as stipulated in section 3(2) of the Lagos State Administration of Criminal Justice Law 2011.

    Former Secretary of the association, Ifeyinwa Awagu in her paper, dealt on family law, with focus on marriages, divorce and related issues, including the rights of women under different forms of marriages. Awagu who spoke strongly on  the plight of women who co-habitate with men, bore children without getting married to them emphasised that women have more legal benefits and rights and can make claims if they are statutorily married. She said co-habitation has very serious legal implication for women whether or not they bore children for the man and strongly advised women to guard against getting into such relationship.

    The Vice Chairman, FIDA, Lagos, Ngozi Ogbolu whose paper dealt on Criminal Law took time to lecture the trainees on the burden of proof in criminal cases. Ogbolu said prosecution must prove his case beyond reasonable doubt to sustain and get a conviction in a criminal charge.

    She explained that production of evidences is very crucial to prosecution in criminal matters and that where the prosecution fails and there is any doubt on the available evidences, the matter will be decided in favour of the accused person.