The new Chairman of the Nigeria Bar Association (NBA), Aba branch, Kenneth Nwakanma, said he would ensure that the high cost of litigation was reduced during his term.
Speaking with reporters after being presented with his Certificate of Return, he regretted that the cost of litigation in the state has denied many people access to justice.
He said: “We shall continue to offer legal aides to people who cannot afford legal services. There is in place what we call, free legal aide. It is in place and we offer that help to those who may not really afford what it takes to go to court and actually express their feelings when their rights are infringed upon.
“We are also going to ensure that as much as possible that the cost of litigation is reduced because come to think of it, the courts are not only for the rich, they should even be more friendly to those that are indigent or impoverished ones.’’
He continued: “We will make sure that we fight the cause in ensuring that the cost of litigation is reduced so that it can be affordable to everybody. Otherwise what it means is that we are going to continue either by act or by some kind of omission encourages the deprivation of those who ought to approach the court to seek redress; we discourage them by allowing high cost of litigation to continue to prevail. We are going to ensure that all these things are reduced so that everybody shall have access to court when the need arises”.
Nwakanma, who said his desire to ‘sustain the tempo’ set by his predecessors, said the branch would partner and dialogue with the state government.
He added that he would dialogue with the Nigeria Police to ensure that bail was free, stressing that bailing a suspect doesn’t mean setting the person free but to allow the person to prepare to face litigation.
“We are going to have meeting with the police hierarchy and discuss with them because I believe that sometimes, dialogue can also solve problems and not about throwing banters and mudslinging all the time, sometime you can dialogue.
“We will make them understand that the issue of bail being free is a constitutional right, nobody should pay for it, people should not suffer before they get bail and come to think of it, the issue of bail doesn’t mean that you have set an accused person or a suspect free.
‘’What it means is that you are giving him the chance to make sure that he prepares himself properly to face his trial, that is what the constitution says that any man who is accused of any offence shall have access to his lawyers and all the things legitimately available to him in order to ensure that he goes to court to defend himself appropriately and come to think of it, anybody who is accused of any manner of crime whatsoever, is presumed innocent until a court finds him guilty,” Nwakanma added.
While appealing for members’support, he added that his administration would ensure that lawyers in the commercial nerve of the state have a conducive atmosphere to ply their trade, disclosing that they also have programmes and activities that would expose and help younger lawyers in the branch enhance their skills.
Out-gone chairman of the branch, Chidozie Ogunji, thanked the members for their support, enjoining them to extend same to the new regime.
He further said he would assist Nwakanma and the branch.
Others sworn in with Nwakanma were Perfect Okorie, vice chairman; Onyekachi Nwagbaoso, financial secretary; Queenderlin Ubani, treasurer; Ijeoma Emeku (social welfare), Charles Nsobundu Oluchukwu (secretary), Chukwudi Chibuzo, asst. secretary, Ngozi Anthonia Onuorah, welfare and Friday Ohajuru (publicity secretary).
The event, which was witnessed by some of the past chairmen of the branch, also featured the presentation of certificates of return to the newly elected exco members also witnessed the official inauguration of young lawyers association, Aba branch.
Three men have been sen tenced to six weeks’imprisonment for obstructing a police officer from performing his duties.
The defendants Muhammed Yusuf, Usman Idris and Lawal Hassan were among 11 accused persons arraigned before Chief Magistrate M.O.A. Ogunsanya of an Ogba Chief Magistrate Court, Ikeja.
They were charged with three counts of conduct likely to cause breach of peace, for unlawfully obstructing an officer from performing his duties and disorderly behaviour.
Police procecutor Femi Alabi said the accused persons committed the ofence on August 10, 2015. The eight others, who pleaded not guilty to the charges, are: Ibrahim baba, Bashiru Abdulahi , Salisu Gambo,Abdulahi Usman,Kayode,Abbass Salisu Rufus and Hamed Lawal.
The convicted persons, were, however, given an option of N10,000 fine.
Those who pleaded not guilty to the charge where ordered to be remanded in prison custody pending when they would perfect their bail conditions.Chief Magistrate Ogunsanya imposed bail condition of N50,000 and two sureties like some for each of the accused persons.
The Benue State Election Petition Tribunal sitting in Makurdi, the state capital, will resume sitting on September 7 to determine whether Governor Samuel Ortom was legally nominated by the All Progressives Congress (APC).
The Petitioner, Mr. Terhemen Tarzor is asking the Tribunal to nullify Dr. Ortom’s election and declare him (Tarzoor) as governor.
Certain legal and factual issues have, however, developed and may work against Tarzoor. First, in Suit No. FHC/MKD/CS/09/2015, the Peoples Democratic Party (PDP), had filed a pre-election action at the Federal High Court, Makurdi raising the same issues and claiming similar reliefs as the petition of Tarzoor was to later claim relief in his petition.
On May 21, this year, while Tarzoor’s matter was still pending, the Federal High Court, Makurdi dismissed the suit filed by the PDP. To date, the PDP has not appealed the final judgment.
This development prompted Senior Counsel to the APC, Sebastine Hon (SAN), to amend the APC’s reply to the petition and raised the defence of res judicata, since the PDP and Tarzoor are co-joined in the disputed governorship election. Res Judicata means a matter that has been decided by a court of competent jurisdiction, which the Tribunal needs not waste its time on.
In the motion on notice, Hon raised the issues of res judicata, abuse of court process, and lack of locus standi, saying Tarzoor, pried into the internal affairs of the APC and other issues going to the jurisdiction of the Tribunal have been slated for hearing on September 7, when parties are expected to adopt their final addresses before the Tribunal gives its final judgment.
Apart from res judicata, Chief Adeniyi Akintola (SAN) and Prof. Anthony Ijohor (SAN), counsel to Ortom and the Independent National Election Petition (INEC), have raised similar points going to jurisdiction and their motions on notice and these will be entertained by the Tribunal on September 7.
Besides, Tarzoor called only one eyewitness to the rescheduled APC State Congress of December 10-11. He is Mr. Terkaa Andyar, a staff member of INEC, the body charged with monitoring party primaries.
As the only eyewitness to the rescheduled APC primary election, who was said to have co-signed a report that no such Congress had taken place, the Tarzoor camp was very upbeat about the potency or decisiveness of the evidence of this witness. Thus, when Andyar stepped into the witness box on August 3, to testify, there was tension in the courtroom.
This witness identified and tendered Exhibit P7, the INEC report and also adopted his statement on oath.
Under cross-examination however, this witness made startling admissions that sent shock waves to the audience. Responding to a question from Hon, he admitted that said report, Exhibit P7, had nothing to indicate that it emanated from INEC. He further admitted that it was not written on INEC letterhead and that the word ‘INEC’ either in full or in abbreviation could
All Progressives Congress (APC),be found on the report. The worst case scenario arose when he agreed with Hon that the signature on the report was not his own!
All other witnesses called by Tarzoor adduced hearsay, since none of them was an eyewitness to the APC Congress that produced Ortom as the APC flagbearer.
On the part of the defence, the APC called Baba Dala, a lawyer, who was the Chairman of the state Congress of the APC, who gave graphic evidence of how Ortom emerged as the APC flagbearer as a consensus candidate and how this was ratified by over 3,000 of the 4,013 delegates who attended the Congress.
All eyes are, therefore, on the Justice Elizabeth Karatu-led Tribunal as it reconvenes on September 7, for the parties to adopt their final written addresses. Thereafter, the Benue people who are very much expectant will know who their real Governor is, when the Tribunal will delivers its judgment.
The National Judicial Council (NJC) has introduced what some see as stringent conditions for petitions against judges. Petitions must be received within six months of the act complained about and must be accompanied by a sworn affidavit on oath, among others. Failure to meet the time-limit will result in the petition being dismissed, unless an extension is granted. Some lawyers have praised the new regulations, saying it will prevent frivolous petitions against judges. Others see it all as a way of shielding judges from scrutiny. JOSEPH JIBUEZE writes.
Corruption in the judiciary remains a daunting challenge. It undermines the rule of law and the judiciary’s ability to guarantee the protection of human rights. Judicial corruption victimises those who do not have the means to play by the rules set by a corrupt system.
•Mohammed
The National Judicial Council (NJC) is vested with powers to discipline erring judges. It sanctioned no fewer than 64 judges between 2009 and last year, according to the Chief Justice of Nigeria (CJN), who is the NJC chairman, Justice Mahmud Mohammed.
In most cases, it is through petitions to the NJC that judges’ wrongdoing is reported. However, there have been instances where frivolous petitions are written against judges. When such petitions are found to be baseless, the petitioner is usually never sanctioned after a judge’s integrity has been questioned.
Some of the complaints against judges have been found to arise from judgments, which ought to be appealed against. There have also been reported instances in which petitioners fail to turn up.
On frivolous petitions, the immediate past CJN Justice Aloma Mukhtar said soon after she assumed duties, the NJC received 139 petitions, of which 106 were “vexatious and baseless” and only 33 “worthy of attention”.
To address such issues, the 2014 Revised Judicial Discipline Regulations of NJC has been launched. Under the new rules, writers of frivolous petitions risk a jail term because all petitions must be accompanied by sworn oaths. This means that a petitioner who lies against a judge can be charged with perjury.
Some of the new provisions
Petitions must be sent within six months of the act complained against or it will not be treated. However, a petitioner can appeal to the CJN for an extension of time.
Rule 4 reads in part: “(1) A complaint must be made within six months of the event or matter complained of; provided that a complaint relating to a continuing state of affairs may be made at any time while that state of affairs continues or within six months from when it ends.
“(2) Subject to this regulation, a complaint made outside the time limits set in paragraph (1) must be dismissed by the Council upon report to the Council by the Secretary to the Council.
“(3) The Secretary shall notify the person making the complaint of the dismissal not later than 30 days of such dismissal.”
Rule 5 reads in part: “A person who is refused an extension of a time limit under paragraph (1) may make a representation to the Chief Justice of Nigeria/Chairman of Council, asking the Chairman, within 14 days of being notified of the refusal asking him/her the request, for an extension of time.”
Rule 7 provides for a committee which does a preliminary assessment of petitions to determine whether or not they meet the requirements stipulated in the rules. The Secretary to the NJC or the sifting committee can, at that stage, reject a petition.
The Regulations also provides that the petition must be accompanied by a verifying affidavit, be type-written, must be signed by an identifiable person and must bear traceable address of the complainant with his or her phone number.
Rule 7(5) (A) reads: “A complaint must be signed by the complainant and accompanied by a verifying affidavit deposed to by the complainant before a court of record.”
Lawyers hail new rule
•Nwobike
Lawyers, including Senior Advocates of Nigeria (SANs), welcome the new rules. For Dr Joseph Nwobike (SAN), the CJN and other NJC members should be commended for the initiative.
He said one of the consequences of new rules is that petitioners must be sure of their allegations against judicial officers before filing petitions.
According to him, the implication of false accusation contained in sworn affidavits is perjury; which in itself is an offence punishable under the law.
“So, frivolous petitions against judges would be minimised. Again, petitions will no longer be used to blackmail judicial officers when they are being considered for appointment or promotion; as is the case these days.
“One other significant benefit of the new regime is that once petitions are filed, they cannot be withdrawn without the leave of the NJC or the CJN.
“In all, I believe that the new rules will enhance and institutionalise discipline in the judiciary rather than stifle it,” Nwobike said.
•Oguntade
For George M. Oguntade (SAN), a regulation of this nature is long overdue and is certainly a welcome development.
He said the judiciary, as an organ of government, plays a vital and indispensable role in ensuring everyone lives under the rule of law.
“Judges are, therefore, highly regarded in the society and are placed on a very high pedestal such that they are able to do their work free from influence.
“Allegations against a judicial officer have ramifications upon the rule of law and the society and therefore not to be made lightly,” Oguntade said.
According to him, a trend has developed where litigants and their cohorts utilise allegations against judges as an instrument of blackmail and abuse of judicial process to achieve their objectives.
Even more worrisome, Oguntade said, is that the petitions are sometimes penned by individuals and entities using pseudonyms and non existent addresses. And where petitions are found to be frivolous, no sanctions are meted out to the petitioner.
“By the time these allegations are made and published, irretrievable damage has been done to the judge concerned and indeed the judiciary while the petitioner would also have accomplished his objective.
“In most cases, the petitioner will fail to appear to substantiate the allegations and even if he does and it is found unmeritorious, no sanction follows. The man is at liberty to go and prepare the next petition with total impunity.
“The regulations will, therefore, operate to ensure that only genuine petitions are presented and where it is found to have been improperly presented, the law will take its course.
“A would be petitioner will have to think twice before taking the course of action knowing he may end up in jail as a perjurer. This can only be to the benefit of our judges and the society,” Oguntade added.
Activist-lawyer Ebun-Olu Adegboruwa said since allegation of corruption or misconduct against a judicial officer is a very serious matter involving very grave considerations and consequences, it is a matter that should be elevated from the realm of frivolities, malice and envy, or of mere speculation and rumour.
To him, anyone who feels that there is enough evidence to back up allegations should be courageous enough to depose to the facts constituting such allegation on oath.
“This innovation by the NJC is thus highly commendable and should be supported by all well meaning stakeholders in the judicial sector.
“Given that the career, name, reputation and destiny of a judge are all involved, no measure taken to secure the credibility of such endeavour may be considered stringent or technical,” Adegboruwa said.
He recommended that the Nigerian Bar Association (NBA), through its various chapters, should be incorporated into the process of cleansing the judiciary of corruption.
“To this end, petitions can also be submitted to the local chapter of the NBA in the jurisdiction where the judicial officer concerned is presiding. The distance of the NJC itself, in far away Abuja, may constitute a discouragement for potential complainants,” he said.
Lagos lawyer and Principal Counsel, Auxano Law Consult, Mr Chijioke Emeka, believes the revised Regulations came at the right time because judges have become endangered species in the hands of frivolous petitioners.
“Yes, there may be some bad eggs out there but many times the petitions are simply exercises in witch-hunting,” he said. “For example, a Judge should not become a subject of a petition to the NJC merely because he ruled against someone. But that has become the practice. I suggest more measures, like security for costs, should be added to damnify those who write very frivolous petitions,” Emeka said.
According to him, a judge should not be labelled bad merely because he erred in law or fact.
“The Old Rule is still ‘de fide et officio non recipitur quaestio, sed de scientia sive erro juri sive facti’ (“the honesty and integrity of a judge cannot be questioned but his decision may be impugned for error of fact or law or mixed law and fact” – Bacon Max rep 17).
“The NJC should even tighten the noose against petitioners who write against judges merely because they lost. A judge has the right to see law or facts differently from a petitioner or his lawyer.
“Only Judges tainted by moral turpitude especially corruption should be petitioned against. A very prominent lawyer once asked the Supreme Court for assurance that it would be impartial. That was wrong. Another popular lawyer deposed that a judge usually assigned certain types of cases filed by him to himself and they always ended against him. Again, that was wrong.
“Judges are engaged in very difficult assignments. They need protection too. Good and honest judges should not be smeared merely because they reached an unfavourable decision. Errors of Law or Fact should be appealed against and not petitioned against. Let petitions concentrate on dishonest acts. Every step by the NJC to see to this is right,” Emeka added.
Need for improvement
There are those who are of the view that such stringent procedure could discourage persons with reasonable cause from writing petitions against judges when the judiciary is generally believed to be hampered by widespread corruption.
While some lawyers welcome the Regulations, others think there are flaws in it. To Chief Emeka Ngige (SAN), the revised guidelines will curtail the habit of the writing of frivolous, vexatious or unsubstantiated petitions by faceless, anonymous or disgruntled elements against serving judicial officers who are often helpless when such petitions are eventually dismissed by NJC. “To that extent, the NJC intention is altruistic,” he said.
However, he said there are still some grey areas that need to be fine-tuned. Ngige does not think it will be in the interest of justice to introduce time limit in the writing or sending of petitions to the NJC as a complainant may discover what happened in his/her case several months or years after the event.
“For instance, if he discovers that the judicial officer was compromised in the matter, it will be absurd to deny that petitioner the right to complain when he discovered what happened. I am not unaware of the provisions in the rules for extension of time by the chairman who incidentally is the recipient of the petition.
“It would amount to NJC covering up or shielding the judicial officer if the victim/complainant is told that his complaint is statute or time barred.
“Furthermore I think NJC should also include in its Revised Guidelines the right of a petitioner to be furnished with the response of the judicial officer complained against.
“This is in consonance with the rules of fair hearing. I believe that issue of time bar or limit should be deleted from the Rules just as Fundamental Rights Enforcement Rules 2009 removed the issue of time limit which was then in force in the old rules of 1979,” Ngige said.
A constitutional lawyer Mr Ike Ofuokwu said imposition of stringent measures for sending petitions to NJC will not help matters. To him, there should have been sanctions for writing frivolous petitions rather than making the process of sending them in cumbersome.
“I agree with the fact that sometimes petitions or complaints against Judges are occasionally frivolous and baseless but honestly these are very rare cases and in my candid opinion cannot reasonably justify the imposition of stringent measures. ý
“For instance, how can the format of a complaint of corruption against a Judge affect the substance of the issues? Again, what happens to a layman who has genuine complaints against a Judge but is unable to afford the services of a counsel?” he said.
Ofuokwu said considering the enormous due diligence that must be carried out before a case of corruption can be established against a Judge, the time limit of six months should be extended to one year.
“I cannot see the CJN being generous with the rule on extension of time. It is our hope that this new regulation is not a calculated attempt to shield corrupt Judicial Officers.
“Judges must have an unquestionableý and impeccable character which must at all times be subject to public scrutiny. To put a clog in the wheel of judicial integrity is simply a pointer to the fact that somebody somewhere is afraid of the outcome of judging the judges,” Ofuokwu said.
Adegboruwa said it is also important for the NJC to have independent monitors and assessors because when infractions do occur, considerations of religion, consanguinity, tribal affiliations, among others, all work to silence potential complainants.
NBA’s intervention
Lawyers who feel the procedure is stringent or stressful have the option of sending their complaints through the NBA, which set up a committee to monitor the judges and report corrupt and lazy ones to the NJC.
The committee is to liaise with local NBA branches through which lawyers can submit their complaints where they have evidence that a judge has been compromised, has delivered a judgment that has no basis in law, or exhibits laziness by sitting late, among others.
NBA President Augustine Alegeh (SAN) said the association would then send a formal petition to the NJC after reviewing the complaint or questionable judgment.
“We do not have the power, wherewithal or statutory authority to appoint investigative agencies to probe judges. But we hear everyday of indolence and corruption. A progressive way of attacking these problems is through our branches. Lagos Branch, for instance, can do a sample of lawyers and come up with five judges that NBA can go into their courts, obtain and review their judgments.
“If you go court, and it does not sit; and another man goes to court and he feels that the judgment was obtained by influence – both of you are unhappy with the system. But people will not understand that the man who did not sit is doing as much damage to the system as the man who is corrupt. Indolence, ignorance and corruption are cankerworms. We must attack them together.
•Alegeh
“If we hear that a judge does not sit at 9am, it will eventually show in his judgment. If the Bar in Lagos are aware, the help we are seeking from our lawyers is let the branch send one of its officers to go to that court religiously everyday. When he leaves the court he will file an affidavit, that he had been sitting in the court till 11 am and the court is still not sitting. By the time we pile all that up, the association then does a letter, attaches all of these documents and sends to the NJC.
“The only way to know if a judge is corrupt is to look at the judgment. Read it, and the corruption will come out to you from the judgment,” Alegeh said.
He was appointed Justice of Court of Appeal of Gambia and later Chief Justice of Gambia. On leaving Gambia, he was, the same year, made Justice of Seychelles Court of Appeal. He was later elevated the President of the Court. While on foreign service, Justice Ayoola performed as Justice of Nigerian Court of Appeal. He was later promoted to the Supreme Court of Justice. He was given other prominent assignments. Abiodun Fanore and Joseph Onyekwere The Guardian Tuesday September 6, 2011. What of the prominent lawyers who made great leaps to stardom by Correspondence Course?
Correspondence Course: Due honour must be accorded Chief Aare Afe Babalola (SAN) , referred to as “the Grand Commander of the Legal Profession”. He was debarred from attending secondary school because of fund. As epitome of brilliance, he wrote and passed the then Lokoja-Ondo Diocesan examination for secondary education. He was overall second best pupil. By his excellent performance, he was offered admission to commence studies from form 3 at Christ School, Ado-Ekiti. But he could not make it because of wherewithal. But he made up his mind to succeed in life through education. He therefore enrolled for correspondence studies. He was successful. He obtained Cambridge School Certificate, G.C.E. Ordinary and Advanced Level Certificates of London University, B. Sc Economics of London University and L.L.B. Law with Honours of London University, all by Correspondence or Private Study.
He was called to the Bar in England in 1963 as member of the Lincoln Inn, London, and became a registered member of the Bar of England and Wales. He is considered the most outstanding member of the Nigerian Bar Association, Senior Advocate of Nigeria. He holds the honour of Officer of the Order of the Federal Republic of Nigeria, Commander of the Order of the Niger. He is a Fellow of many instituions; former Pro-Chancellor of University of Lagos. His distinguished achievements in that institution are yet to be rivaled. He was awarded the Best Pro-Chancellor in Nigeria. He has to his credit many works, articles and lectures. He was awarded “Queen Victoria Commemorative Medal” in Oxford, United Kingdon. He was declared “the African Man of the Year” by All African Students Union. His achievements are too numerous to list, a legal luminary of outstanding brilliance. (The Guardian, Tuesday January 24, 2012 p.84).
•Law School DG, Olanrewaju Onadeko
We shall not fail to list the late distinguished Justice Chukwudifu Oputa (JSC) , who at the Apex Court was addressed by his colleagues as Socrates and Lord Denning of Nigeria, because of his erudition. He was a man of impeccable character and ingenuity. By Correspondence and Home Study, he worked hard to obtain his B.A. Degree in History from University of London and worked as Assistant District Officer before proceeding to study Law. His first Degree was B.Sc. Degree in Economics from the famous Achimota College in the then Gold Coast, now Ghana. He later studied Law, and was called to Bar and became the first Chief Judge of Imo State. This late icon later became Supreme Court Justice. He was chairman of the Human Rights Violation Investigation Committee, known as Oputa Panel.
Let us imagine that the English Bar at Lincolns Inn refused to admit the above Nigerians who studied by Part-Time, as External Candidates or by Correspondence Course, and the then Nigerian Law School refused to admit them for Vocational Training, because of their mode of studying, and no other Law School in the world did; the landmark, distinguished contributions these men have made to the nation could have been extinguished for ever.
It may not be foolhardy to speculate that there are many Nwabuezes, Ayoolas, Kutis, Odesanyas, Eliases, Cokers, Okafors, Babalolas, Oputas etc who are presently law students of NOUN or who have graduated from NOUN, currently stretching out their hands from the pit of proscription, crying to be liberated from the clutches of relegation; pleading in tears to CLE and BB to admit them into Nigerian Law School to enable them apply their potential to model their Seniors or even excel them. The prayer of most African elders is that their children should be greater than they are.
However, some people may argue that the legal luminaries that stretch from the 1950s to late 1970s can not be compared with the present generation in terms of having basic educational foundation, commitment and dedication to private reading, self control, high aspiration etc. Hence, they may not feel concerned about NOUN law students. Well, this may be a case of hasty generalisation, an imaginative fantasy. It is not unusual for an old generation to underrate the preceding generation. But the pricking question is whether the previous generation provides the new generation some of the opportunities they were provided. For instance, do the current elders who presently occupy position of power and authority in education and beyond accord the respect, dignity, welfare benefits they received during their own time to the preceding generation?
This nation accorded the current top policy makers in government – Governors, some former presidents, and their Vice, Pro-Chancellors, Vice Chancellors of Universities, Rectors of Polytechnics, Provosts of Colleges of Education, the Military brass of overseas trainees, so much lavish welfare benefits, luxurious accommodation, scholarships, bursaries, loans, free tuitions etc while they were studying. Most of them interested in public jobs got them while they were rounding off their studies in the tertiary institutions.
The compendium on the first ever nationwide ranking of eminent lawyers in Nigeria is to be unveiled at the forthcoming Nigerian Bar Association (NBA) Annual General Conference in Abuja.
According to the editor Nigeria’s top 100 lawyers Mr. Emeka Nwadioke, all is set for the unveiling of the compendium.
“This is very heartening for all of us, moreso as tremendous work has gone into the listing. The research has been painstaking in our efforts to ensure that the work is as up-to-date as possible. I dare say, it is a collector’s item.”
The full list of the 100 top lawyers features leading litigators, transactional lawyers and lawyers in the academia who have shaped the legal industry over the years. They include acclaimed litigators such as Chief Wole Olanipekun (SAN), Mr. Rickey Tarfa (SAN) and ‘new kid on the block,’ Mr. Adeniyi Adegbonmire who was listed prior to his recent inclusion among lawyers to be conferred with the coveted rank of Senior Advocate of Nigeria (SAN).
A media research and consulting firm, Delphi Media Consulting Nigeria Limited, has said its N25 million suit against the Nigerian Institute of International Affairs (NIIA) has not been struck out.
Delphi sued NIIA and its Director-General over alleged plagiarism and misappropriation of sponsors’ funds for hosting an International Brainstorming on Migration in West Africa.
Its lawyer Mr. Godfrey Ndubuisi, in a statement, debunked claims that the suit has been thrown out.
He said the claim was an attempt to mislead the Ministry of Foreign Affairs and the public, and was aimed at influencing the case before the Federal High Court.
“Our client is prepared to pursue its cause to a logical end,” Ndubuisi said.
The International Institute for Petroleum, Energy Law and Policy (IIPELP), last week in Abuja, appointed Dr. Timothy Okon as the Chief Executive Officer (CEO) of the group.
A release by the group company secretary, Mrs. Valerie Arikpo-Ettah signed by the IIPELP President, Professor Niyi Ayoola-Daniels says Dr. Okon was until his appointment, the Acting Group Executive Director of (Exploration and Production) the Nigerian National Petroleum Corporation (NNPC) and Group Coordinator, Corporate Planning and Strategy, NNPC.
The IIPELP Group has developed strategic partnerships with the UK’S ‘British Integrated Solutions Network (BISEN)’, whose main objectives are to translate strategy and policy into successful capability through business solutions, especially in maritime and energy sectors.
BISEN, consisting of 39 UK registered companies conforms to international best practices and is actively supported by Her Majesty Government Departments, through strict governance and reporting framework.
Also, Mr. Allan Martin (British) has been appointed as Managing Director of Petgas Global Consulting Ltd, one of the operating companies in the IIPELP Group. Mr. Allan Martin will continue to be the IIPELP Group’s interface into both BISEN and UK Government Agencies.
I am being called upon to critically appraise the Administration of Criminal Justice Act 2015, a legislation that has far-reaching implications for all the stakeholders in the administration of justice including policy makers and the citizens generally.
Concerns
According to one commentary ‘The criminal justice system seems to have lost its capacity to respond quickly to the needs of the society to check the rising waves of crime and bring criminals to book. It is therefore necessary to vigorously strive towards improving the efficiency of criminal justice administration. This entails an urgent elimination of unacceptable delays in disposing of criminal cases. It is also necessary to collaborate with the judiciary in stipulating what would be regarded as ‘reasonable duration’ for hearing and determination of criminal cases. It is also desirable to engage in continuous and systematic evaluation of the performance of our criminal justice system in the light of best practices elsewhere.
Furthermore, close attention ought to be paid to the following questions:
Whether objections and arguments with regard to the charge and jurisdiction, which unduly delay the commencement of the trial on the merits could be countered or limited.
Whether the powers of judicial officers to curtail irrelevant or unduly protracted cross-examination and testimony should be extended.
Whether any other provisions relating to criminal procedure and the law of evidence should be amended in order to obviate unnecessary delays and abuse.
Consequently, it is necessary to also examine closely proposals regarding:
Restricting the right of interlocutory appeal in criminal matters;
Non-Transfer of Investigating Police Officers.
It is also necessary to review, strengthen and reposition the Federal Ministry of Justice as a major priority if this new law is to be effective.
The objective of this exercise would be to promote efficiency and boost the morale of staff of the Federal Ministry of Justice at the Federal level and at the level of the states. The performance of each of the Departments and Parastatals should be evaluated with a view to ascertaining their potentials, problems and prospects. Ostensibly at the end of the exercise, each department and parastatalof the justice sector ought to:
Have a mission statement
Develop a set of core values
Develop a clearly articulated vision
Identify and declare key result areas including:
Challenges
Strategic goals
Key Result indicators
Strategy
Programme of action
Premier projects
The ultimate goal is to create a more proactive and efficient mechanism for service delivery and project implementation. One of the major outcomes anticipated by the anticipated review efforts is the establishment of a strategic plan, which will embody the foregoing components.
In making the new law effective staff motivation of the Justice Ministry is also critical.
There is need to develop staff motivational strategies. These include: Training of staff Regular Seminars are to be organised with Resource persons invited from within and outside the Ministry; There is also need to interact closely with the lawyers through regular meetings and brain storming sessions convened to discuss on-going cases; Provision of Equipment including Internet Access and E-mail facilities should be treated as a matter of urgency.
Ultimately the focus is to make the judicial sector more transparent and accountable.This is because the trend all over the world is to make judicial institutions more transparent and accountable. Consequently, it is necessary to guarantee:
The establishment of a central database in the office of the Federal Attorney General to collect, analyse and disseminate vital and up-to-date justice sector statistics from the federal judiciary and the judiciaries of the 36 states of the federation. With this new law at the press of a button, the Attorney-General should be able to provide the public with information on how many cases are in court, types of cases, say murder cases and other criminal matters including, commencement dates, number of adjournments, etc.
Expectedly, the Federal Ministry of Justice should convene a periodic justice forum that would examine the statistics from each state/judiciary in the light of benchmarks and core values to be determined ahead by a Justice Forum.
All stakeholders in the justice sector namely Chief Judges and other heads of judiciaries and their nominees, Attorneys-General of all states, chairmen/nominees of the Nigerian Bar Association, court registrars, justice ministries, the police, the media, NGOs and the Legislature should be participants in the Sensitization Forum.
Expectedly, annual returns on the Administration of Justice should be readily available for public scrutiny. This would disseminate vital statistics from the justice sector. It is not sufficient to merely ask judges to file monthly returns. In addition, these returns should be analyzed and used as a basis for planning and evaluating the success of reform measures.
The expectation is that performance will be guaranteed in five key result areas including: Crime, safety and security; Access to Justice; The legal profession including (legal education); Human resources development and Funding administration of justice.
The Bauchi State government has vowed to review its anti-poaching laws. It has also partnered with Czech Republic to develop its tourism and agricultural potentials.
A statement by the Director of Press, Government House Bauchi, Ibrahim Sani, quoted the Bauchi State Governor, Mohammed Abdullahi Abubakar as saying during the signing of the Memorandum of Understanding (MoU) that the partnership will focus on wild life conservation and anti-poaching measures in the state based on global best practices.
“ Governor Abubakar, who led a government delegation to the Czech Republic, held series of meetings with technical partners where several important issues and decisions on the partnership were discussed.
“The agreements focused on development of the famous Yankari Game Reserve and Sumu Wild life as well as other conservation potentials of the state.
“On agriculture, the state delegation to the Czech Republic held wide consultations with establishments that include officials of Ministry of Agriculture where assurance was made on cooperation and assistance to the state and indeed Nigeria at large. These include how to develop the state small and medium scale farming using affordable and easy to maintain methods where Youth and other Stakeholders would be involved.
“The Bauchi State delegation was also at the Department of Tropical Agriculture, Life Sciences University Prague, Czech Republic to discuss on cooperation with the Bauchi State University in areas of Lecturers and Students exchange programme as well as establishing Faculty of Agriculture among others.
