The Nation Newspaper

Category: Law

  • How to make Administration of Criminal Justice Act work

    How to make Administration of Criminal Justice Act work

    •Continued from last week

    The central criminal registry and database of criminal record

    There shall be established at the Nigeria Police Force a Central Criminal Records Registry and  at every state police command to which shall be transmitted all criminal records. All police commands shall ensure that the decisions of the courts in all criminal trials are transmitted to the Central Criminal Records Registry within 30 days of the judgment. The Attorney-General of the Federation shall establish an electronic and manual database of all records of arrests at the Federal and State levels.

     

    Detention pending trial

    A suspect arrested for an offence which a magistrate court has no jurisdiction to try shall, within a reasonable time of arrest, be brought before a magistrate court for remand.  An application for remand under this section shall be made ex parte and shall be returnable within 14 days…

     

    Control of prosecution of criminal cases

    Subject to the provision of section 174 of the Constitution, relating to the powers of prosecution by the Attorney-General of the Federation, prosecution of all offences in any court shall be undertaken by: (a) the Attorney-General of the Federation or a Law Officer in the Ministry or Department; (b) a legal practitioner authorised by the Attorney-General of the Federation; or (c) a legal practitioner authorised to prosecute by this Act or any other Act of the National Assembly. By this provision the prosecution of federal offences by police officers who are not legal practitioners is no longer permitted…

     

     Payment of costs, compensation damages and restitution to victims of crimes

    The Act has made provisions for costs, compensation, damages and restitution. A court may, within the proceedings or while passing judgment, order the defendant or convict to pay a sum of money: as compensation to any person injured by the offence, irrespective of any other fine or other punishment that may be imposed by law, where substantial compensation is in the opinion of the court recoverable by civil suit. In compensating a bona fide purchaser for value without notice of  the defect of the title in any property in respect of which the offence was committed and has been compelled to give it up; and in defraying expenses incurred on medical treatment of a victim injured by the convict in connection with the offence.

     

    Plea bargain

    Under the Act the prosecution may enter into plea bargain with the defendant, with the consent of the victim during or after the presentation of the evidence of the prosecution, but before the presentation of the evidence of the defence. Plea bargain may be allowed if the evidence of the prosecution is insufficient to prove the offence charged beyond reasonable doubt; where the defendant has agreed to return the proceeds of the crime or  make restitution to the victim or his representative; or where the defendant, in a case of conspiracy, has fully cooperated with the investigation and prosecution of the crime by providing relevant information for the successful prosecution of other offenders.

     

    Imprisonment and death sentence

    If a defendant is convicted the court shall impose the penalty prescribed by law for the offence depending on the circumstances of the case. Any convict who is sentenced to death may apply for prerogative of mercy. The Prerogative of Mercy Committee shall review the application and make appropriate recommendation to the President. If the plea for clemency  is rejected the sentence of death shall be executed by hanging the convict by the neck or by lethal injection. The Act has also made provisions for non-custodial alternatives including probation, parole, suspended sentence, performance of community service etc.

     Suspended sentence

    Where a defendant is charged before a court and the charge is proved the court  may decide not to convict  the defendant having regard to: (a) the character, antecedents, age, health, or mental condition of the defendant, (b) the trivial nature of the offence, or (c) the extenuating circumstances under which the offence was committed. In the circumstance, the court may  dismiss the charge or discharge the defendant conditionally on his entering into a recognizance to be of good behaviour and to appear at any time within 3 years as may be specified in the order.

    The court may, in addition, make order the defendant to pay  damages for injury or compensation to the victim of the crime and  such costs of the proceedings as the court thinks reasonable.

    Community service

    Notwithstanding the provision of any law creating an offence, where the court sees reason, the court may order that the sentence it imposed on the convict be, with or without conditions, suspended, in which case, the convict shall not be required to serve the sentence in accordance with the conditions of the suspension. The court may, with or without conditions, sentence the convict to perform specified service in his/her community or such community or place as the court may direct.

    A convict shall not be sentenced to suspended sentence or to community service for an offence involving the use of arms, offensive weapon, sexual offences or for an offence which the punishment exceeds imprisonment for a term of 3 years. ParoleWhere the Comptroller-General of Prisons recommends to the court that a prisoner: (a) sentenced and serving sentence in prison is of good behaviour, and  (b) has served at least one-third of the prison term of at least 15 years or life imprisonment, the court may, after hearing the prosecution and the prisoner or legal representative, order that the remaining term of the imprisonment be suspended, with or without conditions, as the court considers fit, and the prisoner shall be released from prison on the order. A prisoner who is so released  shall undergo a rehabilitation programme in a government facility or any other appropriate facility to enable him to be properly reintegrated to the society.

    Conclusion

    No doubt, the AJCA is a timely intervention in the criminal justice sector in Nigeria. If implemented the Act will  redeem the criminal justice from the tiny grip of rich and powerful criminal suspects and assist the anti graft agencies in the prosecution of corruption cases. But it is doubtful if the implementation of the new law will not be frustrated by the forces that have made a mockery of  section 36 of the Constitution, section 40 of the EFCC Act and the 2013 practice directions  of the federal courts which provide for the expeditious trial of criminal cases.

    The Federal Government which is desirous to prosecute cases of economic and financial crimes should take advantage of the provisions of the AJCA.In particular,  the federal government should provide adequate funding for the criminal justice sector.

    Setting up and maintaining a central criminal records registry, rehabilitation centre for ex-convicts, compiling  electronic and manual database of criminal records  and video-recording of the statements of criminal suspects, visiting of detention facilities by magistrates and judges  require etc sufficient funding.

    The Administration of Justice Monitoring Committee should be encouraged to conduct enlightenment programmes for members of the Nigeria Police Force  and other law enforcement agencies on the basic rights of suspects guaranteed by the law. From time to time, the human rights community and the media should promote civic education with respect to the relevant provisions of the AJCA.

    They should ensure that the rights of suspects in detention facilities and prison inmates are recognised and respected by the police and other law enforcement agencies.  Apart from the Lagos, Ekiti and Anambra states which have amended their criminal procedure laws before the federal government, other state governments are enjoined to adopt the provisions of the Administration of Criminal Justice Act, 2015. Such adoption will ensure uniformity in the criminal justice system in the country.

    •Concluded.

  • Buhari’s kitchen cabinet

    President Muhammadu Buhari’s (PMB’s) appointment of his close aides has stirred some controversy. Particularly livid are +++some political actors from the Southeast, followed by a fringe from the Southwest; considered to be the order of neglect, as figuratively demonstrated by a national newspaper. With 30 appointments made so far, covering the military, the para-military, and the close aides of the presidency, the paper graphically represented the zero patronage for the Southeast. Many political actors have angrily described the appointments as sectional, parochial and an abuse of the constitutional provision on federal character.

    PMB, reportedly, has taken the protests in his chin, and has promised to look farther afield in future appointments. Expectedly, many sympathisers of the Peoples Democratic Party (PDP), who lost their voice after the shellacking by PMB and his party, the All Progressives Congress (APC), have been gloating, claiming that they had forewarned that the man hates unabashedly, the Southeasterners. For them, the recent appointments have vindicated them. Agreed, the recent appointments clearly favoured the North, but if I may ask, what gain did those appointed from the Southeast in the immediate past regime bring to their states?

    I am afraid that if there were any exceptional benefits, then it was substantially personal. So, except the style of governance changes, which is the hope of Nigerians under the government of PMB, the fact that this cadre of appointments have favoured the North may amount to nothing of significance in the lives of the people.  Even the Southwest, which had the privilege of producing former President Olusegun Obasanjo for eight years, continues to strenuously argue that the regime did not bring them any special succour.

    While I have no enthusiasm to defend PMB from those now gloating that they told the APC’s sympathisers that they have entered what in Nigerian parlance, is referred to as “a one chance bus”; (i.e., a bus controlled by rough necks, who will rob a passenger of his/her belongings, and then push him/her out of the bus); I had wished that one of the die-hard APC stalwarts, such as Dr. Ogbonnaya Onu, Dr. Chris Ngige, or even any of the less prominent ones, had been honoured with a top position in the kitchen cabinet. My thinking is that such an appointment would have brought serious enthusiasm to the ongoing effort to build a stronger APC in the Southeast.

    But the president still has opportunities to demonstrate his pan-Nigerian broadmindedness, as there are still many more appointments to be made. One such opportunity would be the key ministerial appointments, particularly the economic team, which is yet to be fully constituted. As we witnessed under Presidents Obasanjo and Jonathan, the more influential associates of the presidents were not members of the famed kitchen cabinets. After all, while the cook works in the kitchen, he reserves the choicest meals for those that end up in the dining area.

     

    Gov. Ugwuanyi and Wawa House

     

    Since May 29, 2015, I have not commented on the style of governance of the new helmsman at the Lion building, the seat of government, of Enugu State. As predicted on this page, before the elections, Governor IfeanyiUgwuanyi, popularly referred to as Gburugburu, rode into power, with minimal stress. As a scion of the famed Ebeano family, his forbearers, Governors Chimaroke Nnamani and Sullivan Chime, had already paved the road to the building, with blood, tears and subterfuge;whileforbidding any match, by an opposition party.

    Indeed, the succession plans of the Ebeano, has not failed them, yet. What usually fails them, is managing ‘the successes’. In my village, when the infant is presented to the village sage, during the naming ceremony, the sage would intone: phuoezeenu, igaephukaani, (grow the upper tooth, before you grow, the lower tooth); among other admonitions, forbidding any abnormality. The challenge of the Ebeano family, is usually how to avoid abnormalities, like a child, spewing shit, into his father’s face, for a minor or no reason at all.

    So, you see a successor governor, growing all the lower teeth, before any of the upper ones. And to make matters worse, they use it to clobber their forbearers. That was the faith of Chief Jim Nwobodo, the progenitor of Ebeano family; same for Dr. Nnamani, the founder of Ebeano family. Of note, Chime, the immediate past governor, has after the debacle of a failed Senate seat, opted to stay away from the flurry of power and influence peddling. Who knows, that may save him. Gburugburu, so far acting his name, appears to be treading a different part.

    Last Thursday, I had tried to locate the Enugu State Liaison Office, to obtain the state of origin certificate, a requirement for admission, into government colleges. Believing that the Wawa house was my destination, I made my way to the Victoria Island location.With the rains pummelling my windshield, I was hoping to drive into the premises; after all, I had reasoned, that the compound is big enough to take in a bonafide visitor. But nay, no deal, as the place was locked.

    Surprisingly, I was told at the adjourning Imo Liaison Office, that the office had been relocated, to another part of town. When I raised the issue with some indigenes later, they were angst that the WaWa House was leased out, and another house, hired, as liaison office. Gburugburu, I hope that transaction was done in the best interest of our state?

     

     

     

     

     

  • NBA business section to build lawyers’ capacity

    NBA business section to build lawyers’ capacity

    The chairman of the Nigerian Bar Association Section on Business Law (NBA-SBL), Mr. Asue Ighodalo, has pledged to improve in its bid to build lawyers’ capacity.

    He spoke during the section’s Annual General Meeting held during the NBA general conference in Abuja.

    Ighodalo vowed to embark on continuous legal training for members.

    To further enhance their capacity, the SBL set up a committee dedicated to training, chaired by Dr. Adeoye Adefulu.

    The committee has begun with the process of identifying the training needs of SBL members (particularly young lawyers), and has developed a curriculum.

    The Section is also working to improve the database of members.

    ”One of the things we found out of the section on business law is that we need to improve our data base. We need to get more members involved and include more members in our programmes and events,” he said.

    He explained that SBL needs to capacitate its secretariat to be more effective. “Our secretariat is presently constrained, however, we have plans to expand and improve our operations to cater for a larger SBL,” he said.

    The chairman in his assessment of the conference praised the NBA president, Mr. Augustine Alegeh (SAN) and the conference organising committee for doing a great job. He said: “It is well organised. We had slight hiccups with registration, but it was quickly taken care of. I think it is a better organised AGC. This is the first time in the history of the Bar that we had a sitting President and Vice President attending the opening ceremony together. I think the president and the NEC have done very well. I’m very impressed with what has been done so far. I noticed some kind of togetherness and camaraderie  among colleagues in this AGC.”

    The NBA-SBL, in its report of activities to the NEC for the period of 2014 and 2015, said its council has not relented in its efforts at increasing its active membership and diversifying their membership profile.

    His words: “We are also working diligently regarding revenue generation by organising seminars and also through membership subscriptions. Indeed, I am seizing this opportunity to invite interested NEC members and our other colleagues to join the Section and actively participate in our programmes.

    “The recently concluded Conference also provided us with another opportunity to increase and diversify our membership, as well as update our membership database,”he said.

     

     

  • De-registration of political parties is unconstitutional, says NCP chairman

    National Chairman of the National Conscience Party (NCP), Dr. Yunusa Tanko has said de-registration of political parties by the Independent National Electoral Commission (INEC)   is unconstitutional and a violation of the African Charter on Human and Peoples Rights(Ratification and Enforcement)Act .

    He has therefore asked that the provisions of Section 78(77)(ii) of the Electoral Act 2010 which empowered the INEC to de-register political parties on the basis of not winning any elected seat be abrogated from the statute book.

    Tanko stated this in Lagos last week at a world press conference held at  the  Jabita Intercontinental Hotel, Ikeja to celebrate the judgment of the Court of Appeal which stopped INEC from de-registering  NCP.

    A three-man judge of the Court of Appeal, made up of Justices Chinwe Eugenia Iyizoba, Joseph Shagbabor and Abimbola Osarugie Obaseki-Adejumo, had in a unanimous judgment had granted two out of the three prayers sought by the appellants and set aside the judgment of Justice Okon Abang of the Federal High Court delivered September 16, 2011.

    The judges of the Court of Appeal, in their judgement delivered July 24, 2015 had made a declaration to the effect   that “the provisions of Section 78(77)(ii) of the Electoral Act 2010, as amended (hereafter referred to as the Electoral Act) is inconsistent with Article 10of the African Charter on Human Rights(Ratification and Enforcement)Act Cap 10 Laws of the Federal Republic of Nigeria, as amended (hereafter referred to as “the Constitution”) and is ipso facto null and void and of no legal effect having regard to the provisions of section 1(3) of the Constitution”.

    They had also granted “a perpetual injunction restraining the third defendant(INEC) from further disbanding or deregistering the first plaintiff (NCP) or any other political party in Nigeria for that matter in breach of the provisions of the Constitution”.

    “In the final result, I hold that this appeal has merit. It is hereby allowed. The judgSment of Abang of the Federal High Court Lagos delivered on the 6th of March, 2013 is hereby set aside . in its place, reliefs 1 and 3 of the originating summons dated 14/411 are granted as prayed”, Justice Iyizoba had declared.

  • CJ reverses transfer order on trial of ex-council chairman

    The Chief Judge of the Federal High Court, Justice Ibrahim Auta, has reversed his decision transferring the trial of the former Caretaker Chairman of the Ogori/Mangogo Local Government Area of Kogi State, Gabriel Daudu to Justice P.M. Ayua of the Lokoja Judicial Division.

    The reversal of the order of Justice Auta was sequel to an appeal made to his office by the Economic and Financial Crimes Commission (EFCC) through its lead counsel, Wahab Shittu.

    The EFCC, which is prosecuting Dauda, had in a letter dated August 19, and signed by its Director, Legal and Prosecution Department, Chile Okoromu,  informed Shittu of the new posture of Justice Auta on the matter.

    “Please be informed that the Honourable Chief Judge of the Federal High Court has reversed his earlier decision concerning the above mentioned case and has therefore directed that it be re-assigned to Honourable Justice I. E. Ekwo for conclusion,” the letter stated in part.

    In view of this development, the trial of Gabriel Daudu would no longer start de-novo, but to now continue and be concluded  under the former trial judge, Justice I. E. Ekwo of the Federal High Court, Lokoja.

    The reversal of order by the Chief Judge was sequel to series of letters of appeal written by the EFCC through its counsel, Wahab Shittu, pleading that the matter be concluded by the trial judge, who has been handling it since it commenced.

    The case of Daudu, file number FHC/LKJ/17C/2011, was one of the four cases that were being prosecuted by a team of prosecutors led by Wahab Shittu on behalf of the EFCC, before Justice Ekwo of the Federal High Court, Lokoja, before his transfer to Yenagoa, Bayelsa State last year. Other cases include FRN Vs Yahaya Abubakar (FHC/LKJ/15C/2011); FRN Vs Raji Owuda Ahmed (FHC/LKJ/17C/2011) and FRN Vs Stephen Ropo Asala (FHC/LKJ/16C/2011).

    In 2014, Justice Inyang Ekwo was transferred out of Lokoja, which prompted the EFCC, through its lead counsel, Wahab Shittu, to appeal to Justice Auta to allow Justice Ekwo continue with the matter.

    Shittu had in a letter addressed to the Chief Judge of the Federal High Court, Justice Auta, dated June 30, 2015 said: “Parties in the proceedings including the prosecution and the defence were well shocked during proceedings of the court on June 29, 2015 when his lordship, Honourable Justice I. E. Ekwo informed the parties of the directive to commence the matter de novo before another judge of the Federal High Court”.

    He had expressed displeasure over the development and urged the Chief Judge to take a second look at the case with a view to reviewing the decision. He argued that the directive starting the matter afresh would lead to great inconvenience and injustice to the parties.

    “We are constrained to inform His Lordship that this matter, which has been pending for almost five years has progressed to an advanced stage with both the prosecution and the defence having closed their respective cases paving the way for addresses by counsel.

    “In the light of the above and in the interest of justice, we humbly appeal to His Lordship to allow the presiding judge, Honorable Justice I. E. Ekwo, to conclude this matter, in view of the length of time it has taken and the progress already recorded in the proceedings.

    “We believe that in view of the above and the seriousness and urgency guiding the treatment of corruption related cases, His Lordship would treat this request strictly on the merits in the interest of speedy and fairer adjudication of corruption related cases, given the length of time involved and progress recorded in the proceedings”, he added.

    Daudu, who was also a lawmaker in the Kogi State House of Assembly, is currently facing an amended 210-count of money laundering and misappropriation of public funds to the tune of about N1.4bn.

     

     

     

     

  • How smoke sacked Magistrate’s Court

    I was almost choked by the smoke. It made me sneeze once or twice. I had to rest a little to catch my breath in the middle of trial.”

    These were the words of Mr. O. O. Olatunji, the presiding magistrate of Court 2 at the Candice Johnson Courthouse, Ikorodu, Lagos on the haze of smoke that wafted into his courtroom from a fire kindled some buildings away two weeks ago.

    The Nation learnt that the smoke, which filled the courtroom, disrupted proceedings by making breathing and seeing difficult for the spectators, litigants and their counsels, a few of whom were seen rubbing their smarting eyes and covering their noses.

    “It was very bad,” Mr Olatunji said, “I had to rise and pause trial for 20 minutes so that everyone could get fresh air and catch their breath.”

    High Court Assistant Chief Registrar, Gbose Adetola, told The Nation that apart from the smoke, the Magistrate and High Courts, which share the Candice Johnson Courthouse building, are also affected by a bad smell which occasionally seems to emanate from a Nigerian Telecommunications (NITEL) premises beside the court.

    ‘’There is a NITEL facility that borders this court,’’ Mr. Adetola said. “It looks like it’s abandoned, and a portion of the wall around the buildings there is broken, so anyone can gain access to it.”

    He added: “There must be a burst septic pipe or maybe some people defecate in the open around there because stench from there sometimes reaches some of the offices and courtrooms here. It can be quite bad. The places most affected are the magistrate court downstairs and the high court upstairs that are closest to the fence adjoining both premises.”

    A court source, who preferred to remain anonymous, told The Nation that “The room was made darker and more uncomfortable by the smoke.”

    “It even caused the magistrate and some spectators to sneeze,” he said.

    On why the generators were not on, he replied: “The generators are turned on at 10am, but you know His Honour’s court begins sitting by 9am.”

    The source added that on noticing the discomfort of everyone, the magistrate, who had already resorted to reading by flashlight because of the poor visibility, promptly announced the suspension of proceedings.

    “He directed that the matters which had earlier been stood down would be heard when the smoke cleared. This is the second time smoke will suspend proceedings in court, in the few years I’ve been here,” he said.

    The source suggested that the smoke came from the firewood stoves of food sellers in front of the NITEL premises, but The Nation investigations showed that this was not the case.

     

     

     

     

     

  • ‘Lawyers in public service must be accountable’

    Lawyers in public service have been urged to contribute to national development by offering sound legal advice.

    The Nigerian Bar Association (NBA), in a communique issued at the end of its 55th Annual General Conference in Abuja, urged lawyers in private or public service to discharge their functions creditably.

    The NBA stated that lawyers, who find themselves in public service, must offer quality leadership.

    “In this regard, lawyers in public service have a duty to uphold the rule of law, and observe the ethics of the legal profession in carrying out even their public service responsibilities,” the NBA said.

    Speaking at the session with the theme: Contribution of lawyers in public office to national development, immediate past Lagos State governor, Babatunde Fashola (SAN) said it was necessary to review the role lawyers have played in the country’s development  to appreciate what they are expected to do to develop the society.

    Human resources, he said,  are  very important in the development of any country and Nigeria has benefited more from the role of lawyers in its effort to build a stable polity.

    “In our existence as a nation,  our parliament, the executive, the judiciary, in fact all aspects of  our existence as a nation is circumscribed by law, and if that is the case,  lawyers are more qualified to govern. What is the essence of governance? We have to focus on what we have decided to do.

    “Therefore, we cannot over emphasise the role of lawyers in national development. We must provide the society with the so-called ‘dividends of democracy’. We must emphasise on the  state of the nation and the restructuring of the society. Dividends of democracy has been interpreted in various manners. How does it affect the lives of the people, the amendment of the constitution, the polity, the National Assembly and the rest?

    “We must not put aside the fundamental issues of human rights. The constitution as an organic document needs to be interpreted and amended  in such a way that it will give quality life to the people.”

    The Senate Minority leader and former  Governor of Akwa Ibom State, Godswill Akpabio, in his contribution, said: “ There is no state in the country that does not have a lawyer, therefore, lawyers must be in government at both state and federal levels.

    •Kifasi and Dr. D.C. Enamhe
    •Kifasi and Dr. D.C. Enamhe

    He said: “ I abolished child labour in Akwa Ibom State. I promulgated the Child’s Labour  Law and created the Akwa Ibom State Infrastructure Agency, which drove the infrastructure renaissance that led to the uncommon transformation of my administration.

    “ Once God gives you the grace to manage any place, please, leave that place better than you met it.”

    He called on Nigerians to assist the lawyers to move the country  forward in a bi-partisan way.

    “The lawyer must not only do well, the society must also see him as doing well, otherwise, they will lose confidence in the law. It is only lawyers that have taken Nigeria to the Guinness Book of Records. This I  accomplished through the Godswill Akpabio Choir.”

    The Inspector-General of Police (IGP) Solomon Arase said: “Intelligence-driven investigations will reduce the number of Awaiting Trial Inmates (ATN). The Police has embraced community model; the Alternative Disputes Resolution Mechanisms (ADR) and restorative justice approach will no doubt, reduce the awaiting trial inmates.  The police paid over N1billion in garnishee proceedings in the last one year and this has to be reduced.”

    The IGP said he gave all the legal units of the police in the 36 states of the federation  new cars so that they do not go to courts carrying their  wigs and gowns in their hands. He warned that any police officer, who engages in extra-judicial killing will be properly investigated and prosecuted.

    The NBA President, Mr. Augustine Alegeh (SAN) urged the IGP to make police men, who are of other ranks, officers.

    •Abubakar and Lalong
    •Abubakar and Lalong

    Bauchi State governor, Mr. Mohammed Abdullahi Abubakar, said: “The Annual General Conference of the NBA is just coming at a point when the country is undergoing economic and political transformation. The general election of 2015 has put Nigeria in a community where if possible, every lawyer must be in government because democracy is predicated on the rule of law. Lawyers have gone to school to read the law and understand what the rule of law is all about.”

    He added that lawyers have acquitted themselves well in Nigeria’s democratic experience in three areas, namely: good governance predicated on the rule of law, the need to completely eradicate corruption and the need to reform the economy of the nation. He called for the reformation of the law because the law itself is the beacon of reformation.

    “The All Progressives Congress (APC) manifesto  has come up with a comprehensive way by which Nigeria can develop and possibly eradicate all the ills in the society,” Abubakar said.

    Sokoto State governor, Aminu Waziri Tambuwal,  said: “Lawyers in the legislature are engaged in the business of making laws because Section 4 of the Constitution empowers the legislature to make laws for peace  and good governance of the country. These laws are aimed at the development of the country by building institutions such as hospitals, schools, markets and so on.

    “With the assistance of my colleagues, I ensured that there is purposeful leadership for the country. Members of the legal profession are needed in the legislature more than any other arm of the government because of the drafting of bills for passage into law, the validity of the laws and compliance with the procedural processes of law making.

    “Aside from the grace of God, the greatest asset and weapon  that made me what I am today is the law; we made sure that the Childs Right Act  was passed into law by the legislature and even now, we are trying to make sure that no child is left outside school. We want to criminalise it and make it an offence for any parent to  take a child of school age outside the school,” he said.

    Plateau State governor, Simon Bako Lalong, said: “ I thank  lawyers in Plateau State for assisting me  to defeat a sitting governor in a contest, which I  liken to the Biblical  contest between  David and Goliath. Plateau lawyers took it upon themselves and made sure that I emerged victorious in the governorship election.

     

     

     

     

  • How free is movement of legal practice within ecowas?

    How free is movement of legal practice within ecowas?

    Like the European Union, the liberalisation of legal service in North America was conducted under the aegis of NAFTA. According to Paul D. Paton, (‘’Legal Services and the GATS: Norms as Barriers to Trade’’), The NAFTA, drew on the initial experience of the GATS to entrench basic principles governing cross-border trade in services by declaring that the agreement covered all cross border non-financial services, unless such a service is specifically excluded.

    The NAFTA was based on the principles of improvement of national/MFN treatment for all of its service providers and a commitment to eliminate citizenship and permanent residency requirements for licensing or certification of professional service providers within two years from the effective date of NAFTA (by January 1, 1996), failing of which retaliation by equivalent was permitted. In 1998, the three NAFTA signatories signed an agreement permitting lawyers from any one of the three to act as foreign legal consultants in the other two. Lawyers licensed to practice in one country are, under this agreement, allowed to set up offices in the other countries and advise on laws of their home country, as well as represent clients in international commercial transactions.

    Like its regional counterparts in Europe and North America, West Africa has not been spared this pressing need to regionalized and harmonize trade relations.

     

    Cross border trade in legal services

    Though widely used in theory and practice, the term Cross Border Legal Practice (CBLP) is devoid of any clear precision. The term means different things to different people depending on the jurisdiction.

    This lack of clear definition notwithstanding, I will adopt the loose definition by L. Terry in his article ‘’GATS’ Applicability to Transnational Lawyering and its Potential Impact on U. S. State regulation of Lawyers’’, who referred to Cross Border Legal Practice as:

    ‘’the general situation in which a lawyer originally licensed in one jurisdiction, the Home State, provides legal services in another jurisdiction, the Host State. This can occur when the lawyer physically travels to the Host State, or when the lawyer provides services through other means’’.

    The evolution of this new concept is spearheaded by the fact that, traditionally, lawyers practice law in the country where they completed their legal studies. This practice, though still present, is slowly but surely going to change soon in the West African Community as greater economic integration leads to the greater mobility of lawyers…

     

    Legal services as a commodity in international trade

    In recent times, the World, including the region of West Africa, has noticed a phenomenal growth in International Trade and Investment, which is substantially larger than the growth of domestic economies. International business appears to provide more opportunities for expansion, growth and income than does the domestic business alone as a result of increasing flow of ideas, services and capital across the world. As a result, innovations can be developed and disseminated more quickly, human capital can be used better and financing can take place more quickly as well. In addition to all the above, international investment provides challenging employment opportunities to individuals with professional and entrepreneurial skills…

     

    Cross border trade in legal services in West Africa

    Apart from information from Eastern African Region, there is scanty information on the progress made in other regional groupings in Africa on the concept of cross border legal practice. It would appear that the concept is still in its nascent stage given the fact that the basic frameworks for engaging in it are being established.

    The Economic Community of West African States (ECOWAS), which comprises West African states, appears not to have given effect to the concept despite the fact that Article 3(2) (d) (iii) of the revised ECOWAS Treaty makes provision for elimination of restriction in the movement of factors of production, including restrictions in the movement of services, and also the provisions under Article 3(2)(h) and Article 57(1) regarding the establishment of an enabling legal environment and harmonization of judicial and legal systems. It is hoped that with the ECOWAS Trade Liberalization Scheme (ETLS) and recent effort of the ECOWAS to strengthen its common market by the formal launching of the Common External Tariff (CET) which became fully operational on 1st of January, 2015, amongst other steps being taken by the regional body to strengthen trade cooperation amongst member states, ECOWAS will be in a position to effectively adopt the concept of Cross Border Legal Practice (CBLP) in the near future.

    It is pertinent to point out unlike its counterparts in the West and South, the East African region is seen moving at a modest speed towards the establishment of the Cross Border Legal Practice by establishing the Common Market under the provision of the Treaty for the establishment of the East African Community as a vehicle for implementing Cross Border Legal Practice.

     

    Qualification for legal practice in some west african countries

    (i)  NIGERIA:

     

    The Legal Practitioners Act prescribes the qualification for persons to practice law in Nigeria. This includes persons whose names are on the Roll of legal practitioners, persons who apply to the Chief Justice of Nigeria and are entitled to practice as advocates from countries where the legal system is similar to that of Nigeria and the Chief Justice of Nigeria is of the opinion that it is expedient for that person to practice as a Barrister for the purpose of the proceedings described in the application.

    Under the Legal Practitioners Act a person shall be entitled to have his name enrolled if, and only if- a) he has been called to the Bar by the Body of Benchers; and b) he produces a certificate of his call to the Bar to the Registrar of the Supreme Court of Nigeria.

    At the moment the Nigerian legal market is closed to foreign lawyers from other jurisdictions.

    (ii)  GHANA:

    In Ghana, there is no dichotomy between solicitors and barristers. Foreign lawyers are permitted to practice in Ghana provided they have the required qualifications from their home jurisdiction. A letter of good standing is  required from their local bar which must be certified by the General Legal Council. The foreign lawyer must also pass the required examination in Ghanaian Constitutional law and the Customary law of Ghana. Non-Ghanaian citizens are also required to demonstrate seven years post qualified experience (PQE) in a country with compatible legal system. A few Nigerian law firms have already established offices in Ghana.

    (iii)  SIERRA LEONE:

    The Legal Profession in Sierra Leone is regulated by the Legal Practitioners Act, 2000 of Sierra Leone. The Act allows a qualified lawyer to practice as solicitor and barrister upon a written application made to the General Legal Council of Sierra Leone. The application shall be accompanied by two testimonials of good character sufficient to satisfy the Council, copies of qualifying certificates and a certificate that the applicant has served the period of pupilage applicable to him…

     

    Conclusion

    Trade liberalisation and regional integration have already become a reality in most parts of the world and even in other parts of Africa, with Regional Economic Communities growing from strength to strength. Indeed, it is

    widely believed that regional economic integration is the only way for African countries to survive the negative effects, and collectively, take advantage of the opportunities of globalization. The message for policy makers then is that the elimination of those visible and invisible controls and barriers to the implementation of the ECOWAS trade liberalization scheme as well as Cross-Border Legal Practice (CBLP) will increase investment in the region and thus restructure economic activity towards greater global competitiveness.

    As we may all know, there are Medical Doctors already operating on the internet. There are some commercial agreements you can easily download from the internet. The world is already a global village and the best way to overcome the challenges anticipated in opening the Nigerian legal industry to foreign lawyers to practice is to immediately formulate and put in place acceptable, legitimate and reasonable limitations to cross border legal practice in order to protect and shield from competition Nigerian Legal Practitioners until such a time we will be able to compete effectively with our foreign counterparts.

     

    Ogwemoh (SAN), a renowned litigation lawyer, is a Fellow of the Chartered Institute of Arbitrators (FCIArb, UK)

  • ‘Harmonise outdoor advertising taxes’

    •Godwin
    •Godwin

    The Lawyers in the Media  (LIM) has called on state governments to harmonise the taxes paid by the Out door Advertising Agencies

    It made the call during the 55th Annual General Conference of the Nigeria Bar Association (NBA) in Abuja last week.

    LIM Chairman, John Austin Unachukwu, said multiple taxation was harmful to the business of advertising.

    He praised LIM’s partners, the Outdoor Advertising Association of Nigeria (OOAN), for their presence at the event.

    In a communiqué after the conference, the group said: “The Federal Government cannot lay claim to the doctrine of covering the field in justifying its actions on the FOI as it is neither in the exclusive nor concurrent legislative lists; and as such can be legislated upon by the state and Federal legislature.

    •Prof. Azinge
    •Prof. Azinge

    ‘’On the time for response to requests for information under the Freedom of Information (FoI)  Act, the National Assembly should consider amending the seven-day frame to a more realistic time.

    “The office of the Attorney-General charged with producing guidelines under the FOIA should give attention to monitoring compliance with the Act.

    “There should be harmonisation of laws on taxation of outdoor advertisement by different agencies and calls were made for the NBA to lead in this campaign.

     

    •Adedoyin
    •Adedoyin

    “This is so as outdoor advertisement is located within the local government authority so only the local government is entitled to collect those charges.

    “The fight against corruption cannot hold sway unless issues of the freedom of information are clearly ventilated.”

    At the event were OOAN president Babatunde Adedoyin; former Nigerian Institute of Advanced Legal Studies (NIALS) Director-General Prof Epiphany Azinge (SAN), Mr R. N. Godwin, among others.

  • Why many fail Bar exams‘

    Why many fail Bar exams‘

    Why do many students fail the Bar examination at the Nigerian Law School?  Director-General Olanrewaju Onadeko tells Eric Ikhilae how to improve performance and plans to modify the school’s curriculum.

    What is your assessment of the performance of students in this

    year’s Bar examinations?

    The results of the Bar examinations were released last Thursday. There were two examinations. One was held in April. That was the Bar re-sit examinations. The second was Bar examination for the April 2014 set.

    The two results came out the same day. The re-sit students recorded 60.2 percent outright pass, 3.6 percent conditional pass and 36.2 percent were unsuccessful. This is a great improvement from what we had last year.

    What was responsible

    for the improvement?

     

    One factor that we believe had contributed to this improvement was the mandatory eight-week revision course. The Council of Legal Education (CLE) prescribed that every student, willing to undertake the re-sit examination, should come back to school and go through the eight weeks’intensive coaching period.

    That was held between February and April of this year, before their examination. I think the result was because of the intensive training for those who are yet to pass the Bar final examinations after one or more attempts.

     

    What are the details

    of the results?

     

    For the regular students, that is, those who came in April 2014, their performance was 68.5 per cent outright pass, 2.9 per cent conditional pass, with 28.6 percent not making it.

    The total number of those who sat for the examination is 2,852. Of that number, four made First Class, 109 Second Class Upper, 418 came out with Second Class Lower and 1, 422 passed. Eighty-three had conditional pass, while 815 were unsuccessful.

    That is a good result. Put together, a little over 70 percent passed. We are happy for the First Class candidates in particular and other candidates that passed the examinations.

    Their Call-to-Bar will be held here in Abuja from October 20 to 22.  Interestingly, of the four First Class candidates, three are women. So, it appears the women are doing better than the men at the top level. We hope the men will not allow the women to overtake them outrightly in the near future.

     

    What major innovations have you introduced in the training of students since you assumed office as the DG?

     

    Yes, we have put in place several improved mode of training. There is what we called class room solution, which is being put in place for us by the Nigerian Communication Satellite,which is a parastal of the Federal Government, to enable us have total link with our campuses.

    That means, no campus will be deprived of the expertise of the members of the profession, who may come to the school, in a structured manner. We plan to do it to interact with the students. The presentation will be held and the students from all the campuses can be part of it, no matter which of the campuses, irrespective of the campus the programme is being beamed out.

    Now, that is going to be useful for us. Hitherto, some campuses have been at a disadvantage, while others are so lucky. Expectedly, Lagos and Abuja campuses have always had the benefit of the senior members of the profession, either from the Bar or the Bench coming to share ideas with our students.

    Other campuses have not been so lucky. Though they do have their own fair share. Most law firms in Nigeria are located in Lagos, Abuja, Port Hacourt and Kaduna. It is always easier for practitioners and other members of the profession to be in Lagos and Abuja for obvious reasons.

    So, we are bridging that gap now, in which case, all students of the Nigerian Law School will have the same level of exposure to the expertise of these senior members of the profession.

     

    Are there plans to modify

    the school’s curriculum

    as well?

     

    Yes, we are also restructuring our curriculum, to enable the students to benefit more. The important thing is that, we want to ensure that those lawyering skills, which they need to function as legal practioners are transferred to them. This is now being done in a manner that involves them.

    We are going to enhance the internship period, during which they are assigned to law firms and courts to understudy the rudiments of the profession in a manner that can be considered as practical. You will find out that it is useful.

    We are doing it in a more structured manner, with adequate supervision, to be sure that those three months, within their programme here at the Law School, is productive.

    We have, during debriefing exercise, which we conduct after the period of internship, found that there is a disparity in the level of exposure that our students get when they go out.

    For the courts, it is easier to monitor. We must commend our judges; most of them have been very wonderful. They take on the students. They even pause to explain to them what is going on in the courts and they ask them questions at the end of the day. Some even set examinations for them.

    The same goes for law office attachment. We commend the law firms for their input and cooperation.

    We have now decided to engage law firms to know what they expect of our students at the point of leaving the law school. This came about when we realised we are doing what the law wants us to do. We feel we should not cut out the recipients of our products.

    There is a committee in place to engage law firms in Nigeria. They have been divided into three tiers. Specifically, we are looking at the expectations of the law firms about our students after their call to Bar. When we get the information, we will come back to the drawing board to analyse them.

     

    Parents are concerned that their wards do not do well in Bar exams, whereas the same students came tops in their universities’examinations.  Are differences in the mode of learning at the universities and the Law School?

     

    I don’t think there is really any disconnect between the performance of a student in the university and the Bar vocational training stage at the Nigeria Law School.

    Indeed, if you take a look at our top students here, they take a similar pedigree from their universities. And if you go further to their secondary school, you will discover it is a consistent pattern of self-evolution and development in the legal studies.

    In the university, questions are asked in ambivalent manner, they (students) may be given a particular scenario or event and be asked to comment or discuss.

    But here, the questions come in a way to draw your knowledge to solve problems.  You must understand the principles and then, of course, the relevant case law and statutory law to proffer logical answers that will stand you in the good stead.

    So, if you don’t migrate from the ambivalent way of answering question in the university, where you can regurgitate what you are taught in the classroom, it may be difficult. From the regurgitation, the examiner in the university can find some answers relevant to the questions, but here, it is very empirical and the marking scheme is there to guide us. We have a standard marking scheme that is prepared by the examiners. That is what every marking script uses.

    So, if you are off point, or you do not understand what the question is or your response is devoid of the content expected, you are not likely to do well. Here, you must acquire the knowledge. It is not a matter of crash programme or working on past questions.

     

    What other factors, do you think, hinder students’performance here?

    You will see some students, who, rather than reading legal books or literature, go about with past questions and answers. By that, you are already limiting your scope of advancement.

    What this has shown us is that some students decide to rewrite questions; they answer what they have already ingested. You know, when you are dealing with an examination that is empirical in nature, you are going to run into challenges. I think that is one of the reasons that affect the students at that stage.

    The first thing we advise them, when they are coming in, is the difference between the approach in the university and the approach in the Law School. When you comprehend that, the rest will be smooth sailing.

    You must work hard. You cannot shy away from that. You must understand what you are taught, to give solutions to any given problem. Every examination at the Nigerian Law School is akin to a lawyer sitting down with a client and listening to the client’s story and proffering solutions to get relief for the client.

    As much as possible, we ensure that students understand what they should be doing well before examinations.

     

    What is your reaction to the observation in some quarters that the standard of legal educations is falling?

     

    Well, that is correct. We heard commentaries and other suggestions in like manner. I think there is no doubt that, when we look at the past, we are likely to conclude that the standard is falling. I will not contest that totally.

    Whichever way we look at it, the lawyers of today have access to more information and knowledge than those that preceded them for obvious reasons. It easier now to undertake research in Law, materials are available online. You can visit several legal platforms from where you can garner knowledge. And it is so easy; even cases decided in our courts here in Nigeria are available on some of these platforms almost immediately.

    Knowledge has become common place and copious in nature than what it was in my own time. To that extent, and for those who are hardworking, diligent and interested in learning, the horizon is very broad and they have all at their disposal.

     

    Are there challenges that inhibit the school’s effective performance?

     

    There are a lot of challenges. Funding is there; we love to have uniform infrastructure in all our campuses, but that is something we are yet to achieve.Some campuses, especially the younger ones still need to be assisted to come up.

    In the last 12 months, we have had to focus on security in our campuses, especially Yola and Kano campuses. I am happy to tell you that the two campuses are now fully fenced and we have adequate security now.

    We need more infrastructure. Apart from Lagos and Yenagoa, most of our other campuses are not located in the heart of the city. It is a distance to law courts and law firms. We have lost a number of students to road accidents, which we are not happy about.

    So we encourage our students to avoid moving around, except it is necessary. Accommodation in the campuses far away from the city becomes imperative. We need more vehicles for our students. Water supply is another problem. Poor staffing is another issue.

    Our new campuses started without recruitment of new staff and that meant we have to deploy staff in existing campuses. There are manifold issues to discuss in this realm.