Category: Law

  • Buhari and the absence of drama

    President Muhammadu Buhari (PMB), has denied Nigerians, the commonest attribute, of our political office holders. While his predecessors held sway, Nigerians were consistently treated to a lot of melodrama. But under PMB, the more the day go-bye, the less you hear or see. His best sound bite so far, remains, ‘I belong to nobody, and I belong to everybody’. A bit controversial, was his advocacy while in United States, that those who voted massively for him, and defended their votes, would benefit more, than those who gave him,paltry votes. Beyond a few more offerings, PMB prefers taciturn, to the garrulity of his predecessors.

    PMB,also, seems to abhor swagger. I recall the early days of President Olusegun Obasanjo (OBJ), with his combative spokesman, Dr. Doyin Okupe, in tow. OBJ, loved to overawe,every of his audience. If he is called upon to make a speech, OBJ would trust up from his seat, as if he just discovered that a dry gun powder, was wired to his chair. He would stretch out his arms, collect his flowing agbada, and with a slight bow, move like the sound of thunder, to the podium;first to dramatically clear his throat,many times, before making his speech. So, part of the narrative of that era, was what one can describe as,the presidential surge.

    President Umaru Yar’Adua, unfortunately, did not live long enough, to develop,a signature swagger. So, what of Dr. Goodluck Ebele Jonathan (GEJ)? Compared to OBJ, GEJ was a languid figure. Yet, nobody will forget the drama of a new couture, as one more national dress, was added to the menu. Despite the harassment from the press, GEJ rode through, with his Niger Delta hat and caftan. Also, there was the offerings of trepidation, whether in movement or in speech, which soon became a trade mark of GEJ. What many viewed as a signature of weakness, many have interpreted,as the melodrama of deceit; as GEJ dealt, a sleight of deceitful hand, to many of his political opponents.

    But the real miss, is the drama associated with the weekly meetings, of the federal executive council; after which two or three ministers,smile into the cameras, to real out tens of contracts, awarded for billions or trillions of naira. With false solemnity, the officials would for instance, inform Nigerians, that the federal executive council had awarded a contract, for the construction of a standard rail line, to run from Lagos to Kano, and that the contractors would soon mobilize to site. Perhaps,as events have recently shown, most of the exercise was more of a fluke. So, in vain did the beneficiaries of the contract wait to see the bulldozers, plonk the earth, for the announced project.

    One of such severally awarded, and re-awarded contracts, is the famous second Niger Bridge, and the Enugu-Onitsha expressway. Nobody, will forget the performance by OBJ during his infamous ground-breaking ceremony, for the second Niger Bridge. As events subsequently showed, the process was orchestrated to give his political son, Andy Uba, then elected as governor of Anambra state, even when the position was not vacant;  something to boast about.That ground, was again re-broken by GEJ, in 2011, with the information released that what OBJ did previously, was a fraud; as there was no file in the federal ministry of works, to evidencethe earlier ground-breaking ceremony.

    Interestingly, by 2015, as GEJ’Sfailed re-election campaigns approached, he againrealised that the grounds of the second Niger Bridge, at Onitsha, had hardened again; and there was the need to re-break it, even if for the drama, and the entertainment of the people. So, pronto GEJ headed to Onitsha, and when he was reminded by the Obi of Onitsha, Igwe Alfred Nnaemeka Achebe, of his previousperformance, four years ago; he confessed that he cannot remember,his exact lines. But, the drama must go on. So, on primetime news, a footage of sand dunes, poles and pipes were showcased as evidence, forany doubting Thomas, that the drama of performance was ongoing at the Niger Bridge,in Onitsha.

    Perhaps, in deference to the style of PMB, the anti-corruption agencies have been less dramatic in performance, than they were, during the OBJ days. While the Economic and Financial Crimes Commission (EFCC), has suddenly rediscovered its fangs, it has resisted the temptation, todisplay it, to excite the public. Even the drama of their inactive years, under GEJ, particularly as it affected high profile former political office holders, has given way to a more professional performance, under PMB. With the promise by PMB, that those who looted our treasury, would soon face the music, let’s see whether we would go back to the days of drama.

    Interestingly, even the laid-back Independent Corrupt Practices Commission (ICPC), has suddenly become active. As former Inspector General of Police, Mike Okiro, and his Police Service commission members would attest, the ICPC is no longer, a toothless bulldog. But luckily for him, he was indicted in an era of less drama, as he did not suffer the humiliation experienced by his former colleague, in office and corruption scandal, Tafa Balogun. If Okiro and his co-culprits would without further promptings, return the millionsof naira they allegedly shared, then who would deny PMB, the accolades of performance.

    As the days go by, Nigerians would realistically judge for themselves,whether PMB is truly,a ‘Baba Go Slow’, as many have adjudged him; or he is merely a more methodological president, than his predecessors. While the lack of drama, may actually be impinging on the offer of excitement ingovernance,whichNigerians are used to; it is hoped, thatPMB would compensate, with a better performance.

  • NHRC partners NEMA on IDPs

    NHRC partners NEMA on IDPs

    The National Human Rights Commission (NHRC) has partnered  with the National Emergency Management Agency (NEMA), to address the challenges faced by Internally Displaced Persons (IDPs).

    NHRC’s Executive Secretary Prof. Bem Angwe disclosed this when the Director-General of  NEMA, Alhaji Mohammed Sanni Sidi and his management staff paid a courtesy call on the Executive Secretary at the Commission headquarters in Abuja.

    Prof. Angwe praised NEMA for responding promptly to the plight  of some displaced persons in Abuja.

    He said: “NEMA is fighting an armed  conflict called the wars of the 21st century, these wars are fought by non-state actors who cannot be identified and most often easily  mix with the civilian population therefore  making it difficult for the military who are doing their best to identify and eliminate them

    “The concept of NEMA was not to manage this form of armed conflict against  Nigerian state, this task is overwhelming but at no time have we  heard NEMA crying out and complaining. Today every Nigerian is concerned about the condition of vulnerable people in the country.

    “Most people who are not IDPS are claiming to be one, taking advantage of the IDPs situation, but every Nigerian is entitled to  some welfare by the government. Government has a duty to ensure that  every Nigerian does  have shelter over his head, food, etc. so we must protect Nigerians, we must protect Nigerians who are in   IDPs condition, we must  also protect ordinary citizens who are not IDPS

    Prof. Angwe stated: “We have agreed that on August 19 August 2015,  stakeholders in all the states will converge and  hold Stakeholders  meeting at the conference hall of NHRC in Abuja to discuss the challenges of the IDPS,  the states must put in place a mechanism that protects the 310 Centres  and NHRC has  monitors in the 10 states  mostly affected by the Boko Haram insurgency.

    “This is not adequate a number to cover all the IDPS in these states, the commission has a  situation room, for all IDPs monitors  to transmit all their findings directly to NHRC so that we  cover and monitor development on IDP camps.

    “These are periodic assignments as they visit the IDPs  once or twice a week, this is not a situation this country is used to,  suicide bombing is alien to our culture. We need to send this dragon called suicide bombing  away from our society. We believe that one day God Almighty will put all these in a bottle and bottle up the dragon

    “We have IDPs in Abuja, Benin,  so, how many houses will the government rent in order to  meet the needs of these people in order to balance Human Rights with humanitarian needs. We are going to work with you and give support ;as it is a national problem, it  must be addressed and all institutions involved with conflict must stand up. NEMA  and the Human Rights Commission must collaborate to achieve great result

    “There is no job that is better than that of fighting for humanity because it has a direct reward from the creator. You find yourself a ticket and passport to eternity because no amount of money will  compensate for this selfless service”.

    Prof. Angwe praised the  DG NEMA for the waening signal he gave the country over floods,  “ we have  to be prepared so that we support the efforts of government in addressing this challenge. Assistance must be rendered in a coordinated manner” Prof. Angwe stated.

    In his speech, Alhaji Sidi thanked the commission and stated that they were on  a courtesy call to the  Executive Secretary and the commission

    He said: “NEMA is saddled with the responsibility of disaster management,Insurgency and Terrorism management is new to the agency though it is now a global phenomenon Thanks to Prof. Angwe  for his support and contributions to the Committee on National Disaster Management because of the threat of insurgency and terrorism, a  fact he felt he should come and brief the commission on.

    “The socio-economic activities in the affected states have been paralysed, more than 1.5 million people are currently displaced from the states. In Boronu, Yobe, Adamawa, Taraba, Benue and other affected states”

    “NEMA has been responding to the needs of the displaced Nigerians and wants more presence of Commission’  staff in the formal camps where things are happening to enable Commission  get daily reports of what is happening,  especially as it relates to human rights,  your  presence in the camps  will strengthen the system we have in place” Alhaji. Sidi stated.

  • NANS to EFCC: Be fair in NAFDAC D-G’s prob

    President, National Association of Nigeria Students (NANS), Tijani Usman Sheu, has said  the investigation of the Director-General of National Agency for Foods, Drugs Administration (NAFDAC), Mr. Paul Orhii, by the Economic and Financial Crimes Commission (EFCC) should be devoid of bias or politics.

    At a news conference in Lagos, Sheu dissociated the union from a protest by some students, claiming to be NANS representatives, staged against the NAFDAC chief at the EFCC office in Ikoyi.

    The NANS President said the union is not against the probe of the NAFDAC helmsman or any other agency but cautioned that the exercise should not be politicised.

    He advised those he described as unscrupulous elements not to drag the union into the probe.

    Sheu said NANS did not contemplated or decide to protest against either the NAFDAC or its leadership, warning students not to allow themselves to be used by any individual who may have vested interest in the Orhii’s investigation.

    Sheu said NANS is committed to efforts  by the NAFDAC chief to rid the country of fake and counterfeit drugs, saying that such effort were already yielding results in most tertiary institutions.

    “We support and encourage the EFCC in its effort and anti-corruption activities. We only wish to state that such should be devoid of bias or undue politics in order not to destroy the international reputation Nigeria has enjoyed globally through the activities of NAFDAC in waging war against drug counterfeiting, drug abuse and unwholesome consumption of food, beverages and other dangerous alcoholic contents.

    “We strongly believe that any genuine effort to investigate corrupt practices, particularly, as the case may be in NAFDAC, such must be all inclusive and should not be seen as an exercise to witch hunt the director general alone,” he said.

     

  • SEC petitions NJC against judge in N11b BGL suit

    The Securities and Exchange Commission (SEC) has petitioned the National Judicial Commission (NJC) against Justice Saliu Saidu of the Federal High Court in Lagos over his alleged breach of the Code of Conduct for judges.

    In the August 3 petition, it was alleged that Justice Saidu has not shown impartiality in handling the case between BGL group and the commission.

    Pointing out that the whole BGL vs SEC episode is being closely monitored by large domestic and foreign institutional investors, the commission urged the NJC to investigate the judge’s conduct.

    The petition signed by the SEC Director General, Mounir Gwaizo was copied to President Muhammadu Buhari; Vice President, Prof. Yemi Osinbajo; Senate President, Bukola Saraki; Speaker House of Representatives, Yakubu Dogara; Chief Judge, Federal High Court, Justice Ibrahim Auta and Permanent Secretary, Federal Ministry of Finance, Mrs. Anastasia Mabel-Nwaobi.

    SEC had scheduled sittings of the Administrative Proceedings Committee (APC) for August 4 and 5,  2015 to hear cases related to investor complaints against BGL which alleged fraud totaling up to N5.8 billion. An official statement posted on the SEC’s corporate website however announced that SEC was “postponing” the sittings due to an ex parte court order issued by a Lagos Federal High Court.

    Not happy with the court order, SEC had petitioned the NJC against the trial judge, explaining that its decision was borne out of deep concern that judges were being used to undermine its clear regulatory authority as outlined in the Investments and Securities Act of 2007.

    “If the judges continue dishing out ex parte orders restraining SEC from protecting investors, future offenders will employ tricks from BGL’s playbook by approaching the courts to get injunctions in a bid to avoid accountability. On the other hand, if the SEC is allowed to appropriately sanction BGL and its executives for all infractions committed by them, a clear signal would be sent to the entire market that there shall be no sacred cows but only zero tolerance for wrongdoing”.

    The petition outlined investors’ complaints which SEC has been receiving against BGL since 2012, its detailed investigations of BGL’s activities and establishment of an interim management team to ascertain the financial health of the company and protect unsuspecting investors who might unknowingly continue to conduct business with BGL.

    The petition also gave details of BGL’s offenses, including questionable investments in unlisted/illiquid securities (in one instance investors’ money was recklessly risked in a firm already declared bankrupt).

    SEC had alleged that BGL was in a bad financial state and posed significant risk to investors, its customers and the entire market. “It was sustaining losses of about N48 billion for five years in a row and faced liquidity challenges making it unable to pay about N11 billion of investors’ funds that had matured.  And in the latest list of Debtors to First Bank Plc published in a national daily on August 4, 2015, BGL Securities is indebted to First Bank to the tune of N1.64 billion which matured since July 31st, 2012.

    “With these obvious red flags, one wonders why any judge would be interested in aiding and abetting such an operator to continue participating in the capital market and endangering other market participants. Justice Saliu Saidu rather seems to be comfortable performing this task. On 27th May 2014, he granted an ex parte motion filed by BGL restraining SEC from suspending BGL or investigating its activities. He refused to hear SEC’s motion on notice seeking to vacate that order, even when it came up for hearing on 11th June 2015. First, Justice Saidu adjourned the matter till 19th June 2015 and then to 9th July 2015. Yet on 29th June 2015, he was willing to hear BGL’s ex parte motion to abridge the time within which SEC could respond from the 7 days granted by the rules to just 2 days. Amazingly, those prayers by BGL were all granted on the same day. According to SEC’s petition against Justice Saidu, this action contravenes Rule 2(5) of the Code of Conduct for Judicial Officers which frowns at repeatedly granting ex parte applications”, it alleged.

    The commission said that when its case finally came up for hearing on July 9, 2015, Justice Saidu yet again refused to hear it, claiming that the case was not “ripe for hearing”.

    Yet on the same day, after SEC’s counsel left the court premises, he decided to hear the case and struck it out.

    SEC stated in its petition that its counsel conducted searches on the Federal High Court records and found no trace for the mysterious order bearing Justice Saidu’s signature. The petition equally flashes the spotlight on one Justice Mohammed B. Idris Kutigi of the Federal High Court, Lagos who issued the latest restraining order

    It will be recalled that when SEC set up an IMT to investigate further of the allegation and engaged the services of forensic auditors, the BGL Group obtained an ex-parte court order from the Federal High Court, Lagos Division, presided over by Hon. Justice M. N. Yunusa on 30th April, 2015 ordering the forensic auditors to vacate the premises, the SEC even though has an order from the IST complied.

    It said it has become very obvious that BGL seems to have hatched a well calculated antic to manipulate the judiciary to avoid answering for its actions.

    It said this explained why the commission took the  decision to report the matter to higher authorities who can strengthen the rule of law by investigating and punishing any wayward judicial officer.

  • Wanted: Millennium Goals for prisons

    Wanted: Millennium Goals for prisons

    Mr. Benson Iwuagwu is the Executive Director of Prison Fellowship Nigeria, a group involved in the welfare, restoration and rehabilitation of prisoners. Called to Bar in 2002, he underwent pupilage at Falana and Falana Chambers in Lagos. Iwuagwu tells Legal Editor JOHN AUSTIN UNACHUKWU how to improve the condition of inmates, among other issues.

    What is Prison  Ministry all about?

     

    Prison Ministry is the gamut of compassionate psycho-social  support and assistance extended to  a person  in incarceration; expressed in multidimensional and multidisciplinary programmes and projects that help   resolve the  spiritual, mental, emotional and physiological dilemma, deprivations and trauma of the prison inmates, victims, their relationships and community. Overall, prison ministry aims for the reformation, rehabilitation, reintegration  and restoration of all those involved in and affected by crime and its aftermath.

    How do you appraise the impact or effect of Prison Ministry in the country?

    The impact of Prison Ministry is enormous. Prison Fellowship Nigeria comprises of hundreds of churches and ministries, has its inaugurated chapters  in 26 states in Nigeria, conducting  daily  prison visitations  in aid of tens of thousands of men, women, boys and girls, including children held in our  prisons. In a forced isolation such as imprisonment, nothing is more precious than a visit from the outside, more so, by total strangers who come in the name of love. In the words of a ranking Prison Officer, “without you people coming around and doing what you are doing to support us in taking care of the inmates, I do not know what this place will look like”. That our prisons are congested, is a notorious fact. So also, is the fact that, the Nigerian Prison Service is  under funded. The over 50,000 men and women, including children held in our prisons  have needs, ranging from food to toiletries, clothing, education, medical, material and legal. Most have been abandoned by outraged relatives and forsaken by a sanctimonious society, it is Prison Ministry practitioners that intermediate; to give the inmates a sense of self worth through sharing with them the message of God’s love through Jesus Christ, compassionate visits, family liaison,  provisions and counsel. Whilst the government and society maybe content that the offender has been confined, the more serious question is, “What happens after incarceration?” Prison ministry helps to repair the harm caused by the crime of the convicted person in prison, beginning with relatives and victims of the crime, to make return of the convict after sentence, a possibility.

     

    How can government, individuals and organisations key into this  vision and project?.

     

    Effective prison ministry is all encompassing, with room for everyone who is minded to lend a hand.

    The government is the bedrock of our collective social relationships; it must be mindful of the fact that, prisoners come from and will return to the society after their prison term. So, custodial conditions must be  both humane and complementary to reformation. Discriminatory laws must be abrogated, the present situation where one is statutorily excluded from employment by reason of having been in prison, is most unfair, inhuman and counter  productive. It’s akin to “biting the nose to spite the face”.  It consigns the poor ex-prisoner to a life sentence of stigmatisation and ostracisation  from  meaningful socio-economic life, while fueling recidivism  to our collective hurt.

    How do you think the government  would key into this mission?

     

    Governments  should proactively extend all ongoing  Millennium Development Goal projects, in health, education, socio-economic empowerment et al, to the prisons. Cognisant of the fact that imprisonment does not take away the constitutional rights of prisoners, beyond what the law prescribes in sanction. For individuals and organisations, empathy is key. The present social attitudes of discrimination and stigmatisation must be discouraged. That done, it becomes easier to reach out to either give your talent or treasure in support of  credible prison ministry organisations, like Prison Fellowship Nigeria that have proven and ongoing intervention programmes in the prisons across Nigeria, to  assist in the reformation, rehabilitation and re-integration of prisoners, victims (primary and secondary victims, particularly children, who neglected become street children and then miscreants). Corporate organisations should make specific provisions  in their CSR budgets to sponsor offender, victim intervention programmes in and outside the prisons.

     

    Which aspects of our laws do you think we need to amend to meet the challenges of criminal justice administration in the country?

     

    With all due respect, I think the fundamental philosophy of our criminal justice system is largely flawed. It is, in my humble opinion, yet premised on the medieval principle of “the Kings Peace”.  What is our definition of crime? Who are the parties in a criminal charge? It is axiomatic that, justice is not just about  “out comes” but very importantly, about  the process. This fact is underscored by the fact that, once there is a failure in compliance with critical rules of procedure, the subsequent outcome has often been held to be a nullity.

    The Criminal Justice Administration Act, 2015 is very significant, particularly with respect to regulating, arrest, accused statement, charge and detention,  non custodial sentencing options et al.  The fact, however remains: “ Once the premise of an argument is wrong, the conclusion will be irremediably unsupportable”

    Until we begin to see crime as  “ a violation of individual rights and relationships, resulting in harms and hurts”, we may not arrive at the kind of justice envisaged under the social contract.  We  should go from “retribution and deterrence” to, “reparation and restoration”, otherwise,  our prisons will remain congested with neither society, offender or victim satisfied that,  justice has been served. The nebulous concept of state in criminal justice must be modified to reflect the “Proper Parties” to include the victims  of crime; and the aim of justice, cannot only be punishment and just desert but “ healing the hurts and harms caused by crime, in ways that meet the needs of the offender, healing the harms done  the victim and restoration of  social harmony”. Restorative justice and not Retributive justice, is the way to achieve a better sense of justice for every offender,victim and society.

     

    What is the “Onesimus Project” all about, what are the benefits and how do we keep it going?

     

    “Life Recovery Pre-release Empowerment Programme” a.k.a “ The Onesimus Project”, is a partnership programme  between  Prison Fellowship Nigeria, Covenant University, Small and Medium Enterprises Development Agency of Nigeria and the Nigerian Prison Service; which  aims to break the vicious circle of recidivism, through pre and post release  mentoring of  inmates  who have six months to the end of their prison term. The curriculum of the programme  includes  spiritual care giving, sharing the message of God’s love through Jesus Christ, equipping them with business, entrepreneurial and  vocational  skills. The programme further deals with personality and psycho dysfunction challenges that predispose to crime and criminality. Each  partner – Covenant University, SMEDAN, PF Nigeria  deals  with its area of specialty within the programme curriculum.  Each inmate admitted is assigned a mentor  for a period of 18 months – six months pre release and 12months post rerelease; the mentor plays the role of friend and family liaison, counselor and guide. Upon release, in appropriate cases, they are provided temporary accommodation, assisted to  plan and decide what to do and given  venture seed money. The Onesimus Project has enormous psycho-social impact on the inmates that have gone through it, with full compliments of matriculation and graduation. Recidivism rate among the project graduates is about 20 percent , against the general average of about 68 percent.  We are however, a long way from our programme ideals, largely because our post release component is lacking in resources for effective follow-up, venture startup seed money and personal development  of the programme graduates.

    We solicit first, for attitudinal change from members of the public towards returning ex-prison inmates.  A  welcoming environment for the returning ex-prison inmates is critical;  then  support in cash or kind.  Individuals and organisations  can  volunteer to provide support for  post release housing, skill and vocational training, apprenticeship  venture  seed money.

     

    People are calling for the strengthening of the anti-corruption agencies through legislations to give them more bite, what is your reaction to this?

     

    The problem is not with the laws but with the men!   What values do we hold dear as a people? Again, who do the politicians represent, how fair and equitable do they deal?   Looting of the public is a reaction to suspicion of the viability of the Nigerian project and doubt in the fidelity of the other parties –  insurgency in North East, Niger Delta and the Biafran jingles.  Visit our prisons, how many “rich men, women or their loyalists” do you find there? The rich is getting richer, the poor getting poorer, the system is simply oppressive on many sides. How will the laws work?  Give me a sense of belonging, participation and ownership premised on commonly shared values, then my allegiance is sure. National institutions, including the anti-corruption agencies, are  built on common values and fidelity, unperturbed by  the manipulative colouration  of tribe and religion, most often deployed by  our politicians and technocrats.  When there is suspicion and doubt in a relationship, cheating and evasive conduct becomes the norm. We have more than enough laws to deal with corruption, if we deal with the reasons for suspicion and lack of fidelity in the Nigerian project.

     

    What are the challenges of the ministry and, how can its vision be integrated into the administration of Criminal Justice in the country?

     

    We have enormous man and material challenges. Prison Ministry is involved with lives of tens of thousands of  men, women and children. It rubs off on family cohesion,  safety, security, our  productive capacity  and social civilisation as a nation. It requires empathy, patience and commitment. We do not have enough volunteers, a lot of people  are interested in going to preach in prisons or just casual giving but often not ready for the long haul, which is what is required in prison ministry. Specialist volunteers, logistics support, infrastructure and committed funding remains daunting.  We are  addressing  this, in part, through developing programmes that are  partnership friendly, reaching out to corporate organisations to allocate part of their CSR budgets to support  prison-related programmes and projects.

     

    What is your mission in relation to criminal Justice reform on  criminal justice reform?

     

    Part of our mission is to offer counsel and support, in the development of a criminal justice system that is holistic and restorative in its outcomes, cognisant and respectful of the needs and rights  of the offender, victims and society; in pursuit of this justice ideal, Prison Fellowship globally advocates the Restorative Criminal Justice System. Here in Nigeria, it is  taken, that  Lagos State is the leading light in many respects; its court system is  evolving to meet the justice needs of the people. You have the Citizens Mediation Centre, Office of Public Defender and the Multi-Door court system; to complete the loop, Prison Fellowship Nigeria has signed a five year Memorandum of Understanding  with Lagos  State Ministry of Justice, to do a Restorative Justice Pilot Project, which foundations have been well laid by the state in the administration of criminal justice law, 2011.

    We hope, upon a successful pilot to advocate for its nation wide application through appropriate Legislation at the National Assembly.

  • Staff policy guidelines is not a contract of service

    A declaration that by the contract of service between the claimants and the defendant as stated in clause 3.8 of the Union Homes Savings & Loans Plc Staff Policy Guideline of July 2007, the employment of the claimants with the defendant can only be terminated on grounds of acts of misdemeanor such as refusal to comply with lawful order or instruction, disclosure of confidential information to unauthorized persons, conducts that are inimical or tarnishing to the image of the defendant, unsatisfactory performance of duties and any other actions detrimental to the defendant company.

    1. A declaration that the termination of the appointment of the claimant on grounds not stated in contract of service as stated in clause 3.8 of the herein before stated Staff Policy Guideline of July 2007 is in breach of contract and is unlawful.
    2. A declaration that by virtue of the contract of service as contained in the Staff Policy Guideline, in the absence of cases of dismissal for misconduct or termination for misdemeanor, or termination due to redundancy or resignation by the claimants, the claimants are to remain in employment until retirement when they attain 60 years of age or 35 years of service whichever comes first.
    3. A declaration that by virtue of the contract of service as contained in the Staff Policy Guideline, the claimant’s termination of appointment not based on clause 3.8 of the Guideline is a termination arising from redundancy as in clause 8.11 of the Guideline.
    4. An order that the claimants be paid their salaries, emoluments, entitlements and other benefits up to and until they attain the contractual retirement age of 60 years or on the attainment of 35 years of service as duly computed.
    5. In alternative to prayer 5, an order that the termination of the appointment of the claimants is and be deemed a redundancy exercise pursuant to clause 8.11 and that the appropriate redundancy benefits as stated in Clause 8.12 of the Guidelines be properly calculated and paid to the claimants.
    6. An Order that:

    (i) On the determination of the employment of the claimants in accordance with the terms of employment, the gratuity and terminal benefits of the claimants be computed based on the gross pay of the claimants in line with the Union Homes Staff Policy and Staff Provident Fund/Gratuity Pension Scheme and the age long practice of the bank.

    (ii)        The properly computed terminal benefits of the claimants be immediately paid to them.

    (iii)      The claimants’ entitlements under the Legacy Pension Scheme be immediately paid to the claimant or to the claimants nominated Pension Fund Administrator.

    1. A declaration that the loans and facilities obtained by the claimant from the defendant as staff at staff rate cannot be terminated, revoked or recalled until the claimants leaves the services of the defendant as is stated in the conditions of service by retirement or resignation and as is contained in the Staff Policy Guidelines and not otherwise.

    9.The cost of this suit including Solicitor’s fees assessed at ¦ 10,000,000:00

    The claimants have raised the following questions/issues for the determination of the Court:

    1. Whether the defendant can terminate the employment of the claimants outside the provisions of the terms and conditions of the contract of employment as is contained in the Union Homes Savings & Loans Plc Staff Policy Guideline of July 2007?
    2. Whether the claimants and the defendant are bound by the terms and conditions of the contract of employment as contained in the Union Homes Savings and Loans Plc Staff Policy Guideline and other expressly documented terms?
    3. Whether the claimants are entitled to the reliefs as claimed.

    The originating summons is supported by an affidavit sworn to by the 1st claimant to which is annexed Exhibits A1-17, B, C1-17 and D and a written address.  The defendant entered a conditional appearance on 12th June 2014 and filed a Notice of Preliminary Objection on the 4th July 2014 praying for an Order dismissing the action on the grounds that:

    1. The claimants’ counsel herein lacks the instructions to institute the suit;
    2. The issues herein set out by the claimants for the determination of this Honourable Court are triable issues which are disputed by the parties herein.
    3. The defendant’s dispute the applicability of the Defendant’s Staff policy Guideline of July, 2007 to the employment of the claimants and;
    4. This action is an abuse of court’s process.

    Also filed along with the objection is a counter affidavit to the Originating Summons sworn to on the 4th July 2014 by Princewill Abumere Head of Human Resources of the defendant to which is annexed Exhibits UH1, UH2, UH3, UH4, UH5A & 5B, UH6A & 6B and a written address.  The claimants’ filed an address opposing the preliminary objection on 23rd September 2014, a further and better affidavit in support of the Originating Summons and a reply on point of law was filed on 23rd December 2014.  Counsel to the parties were directed to argue the preliminary objection together with the originating summons.  They adopted their written addresses.

    The facts upon which the claimants’ have premised their questions for determination and the reliefs sought are as contained in paragraphs 4 to 9 of the affidavit in support of the originating summons.  To briefly state the facts, the claimants’ state that they were employed by the defendant and the terms and conditions of their contract of service is as contained in their letters of appointment and the defendant’s Staff Policy Guideline of July 2007.  That between the years 2012 and 2014, the defendant terminated their appointment and has not paid their terminal benefits nor remitted their contributory pension and non contributory legacy pension to their respective Pension Fund Administrators.

    The position of the defendants is contained in paragraphs 5 to 17 of the counter affidavit.  It has stated that some of the claimants are still in its service while some others voluntarily disengaged from its service and some terminated on account of acts of misconduct.  The defendant states that the Staff Policy Guideline is an unsigned document and is not applicable to the claimants’ contract of service.  That its relationship with the claimants is governed by the contracts of service entered into and signed by the claimants; and that gratuity paid to the disengaged employees was correctly computed based on its Staff Pension Fund/Gratuity & Pension Scheme.

    Learned counsel to the claimants on issue 1, submitted that the defendant cannot terminate the appointment of the claimants outside the provisions of the terms and conditions of the contract of employment as is contained in Staff Policy Guideline (Exhibit B) which embodies and regulates the contractual relationship between the parties.  He referred to Clause 3.8 of the Policy

    He submitted this provision did not give the defendant the right or authority to terminate the appointment of the claimants without any reason as shown in Exhibit C1.  He submitted that the claimants and the defendant are bound by the terms and conditions of the contract of employment as contained in the Staff Policy Guideline Exhibit B and any other expressly documented term citing Babatunde v Bank of the North [2012] 206 LRCN 61 at 84 and AG (Rivers) v AG (Akwa Ibom) [2011] LRCN 23.  That Exhibit B applies to all categories of staff including the claimants.  That the defendant did not comply with the provisions of clause 3.8 as no act of misdemeanor was disclosed against the claimants.  He submitted that parties to the contract are bound by the terms of the contract freely entered into citing Union Bank v Ozigi [1994] 3 NWLR (Pt. 333) 385, UBA Ltd v Penny Mart Ltd [1992] 5 NWLR (Pt. 240) 228 at 234, National Salt Co. v Innis Palmer [1992] 1 NWLR (Pt. 218) 422 at 426.  He submitted that the court is to interpret the agreement giving it the ordinary meaning without more.  Counsel submitted that parol evidence cannot be admitted to add to, vary or contradict a written instrument.  He submitted that the defendant is not contractually authorized to terminate the claimants’ appointment outside the provisions of Exhibit B.

    Counsel argued that the combined effects of clause 3.6, 3.8, 8.8, 8.11 and 8.12 is that the permanent appointment of the claimants can only be terminated for misdemeanor, or redundancy which has financial benefits arising therefrom.  It was his submission that the premature termination of the appointment of the claimants did not arise from the misdemeanor and is therefore a termination due to redundancy which attracts the financial benefits arising therefrom.  He submitted that the claimants are entitled to all the reliefs as claimed referring to S.P.D.C v Olanrewaju [2009] 171 LRCN 255 at 278, S.S.C Ltd v Afropak Ltd [2008] 164 LRCN 36 at 58.  He then urged the court to enter judgment in favour of the claimants.

    The defendant’s preliminary objection is supported by an affidavit sworn to by Adedunmade Onibokun of counsel.  Learned counsel raised two issues:  whether the claimants’ action is an abuse of court process; and what is the appropriate order for court to make in the instance that this action is an abuse of court process.  He submitted that Order 3 of the Rules of Court stipulates that every action shall be commenced by complaint and did not provide for commencement by way of originating summons.  He submitted that where a statute mentions specific things, those things not mentioned are not intended to be included citing Osahon v Federal Republic of Nigeria [2003] 16 NWLR (Pt 845) 89 and Abacha v FRN [2006] 4 NWLR (Pt 970) 239.  He further submitted that the issues set for determination are triable issues which are disputed and as such this action cannot be properly brought by originating summons.  It was his contention that the defendant’s Staff Policy Guideline 2007 is not a legal document that can be considered as a deed, will, enactment or instrument in respect of which an originating summons can apply citing Ministry Internal Affairs v Okoro [2004] 1 NWLR (Pt 853) 58.  Counsel submitted that the suit was not initiated by due process of law and that this is a feature which prevents the court from exercising its jurisdiction.

    Learned counsel submitted that this suit is an abuse of the process of court citing Saraki v Kotoye [1992] 9 NWLR (Pt 264) 156 at 188-189.  He submitted that the proper order the court ought to make is an one of dismissal citing TSA Industries Ltd v First Bank of Nigeria Plc (No 1) [2012) 14 NWLR (Pt 1320) 326.

    In opposing the originating summons, learned counsel to the defendant formulated two issues for determination as follows:

    1. Whether the defendant can terminate the claimants’ employment in accordance with the terms of their respective contracts of service?

    2.Whether the claimants are entitled to the reliefs claimed?

    He submitted as a preliminary point that the claimants have not instructed counsel to commence this action as some of the claimants are still in the employment of the defendant while some others voluntarily resigned from employment or were dismissed for misconduct referring to Exhibits UH1, 2 and 3.  He further submitted that the by terms of the claimants’ contracts of service, either party has the right to determine the contracts of service at any time by giving a month’s notice of termination or payment of a month’s salary in lieu of notice and that the claimants were paid one month’s salary in lieu of notice referring to Exhibits UB6B, the statement of accounts showing the payment of one month’s salary in lieu of notice and gratuity paid to some of the claimants whose employment was terminated.  Learned counsel argued that the claimants who have received payment of one month’s salary in lieu of notice and gratuity are stopped from bringing this action citing Ekeagwu v Nigeria Army [2006] 11 NWLR Pg. 382 at 397.

    On the issue 2, he submitted that the claimants are not entitled to the reliefs claimed as they have failed to establish their claims by furnishing sufficient materials regarding the terms of their employment before the court.  He further submitted that the Staff Policy Guidelines 2007 relied upon by the claimants is not their contract of service, as same is not incorporated in their respective contract of service.  It was his further submission that the employer has the power to hire and fire in accordance with the agreed terms of employment citing Chukwuma v Shell Petroleum [1993] 4 NWLR (Pt 289) 512 at 560, Mobil Oil Ltd v Assan.

    •To be continued next week

  • Why I resolved to teach law, by Osinbajo

    Why I resolved to teach law, by Osinbajo

    Vice President Yemi Osinbajo at the weekend revealed what inspired him to become a law teacher; it was after watching Prof. Akin Oyebode in action.

    He disclosed this at a dinner organised in his honour by the Faculty of Law, University of Lagos, held at the Oriental Hotels, Victoria Island.

    •Prof Oyebode
    •Prof Oyebode

    Osinbajo, a professor of Law, told his audience Prof. Oyebode persuaded him to be a good teacher by his conduct, adding that he resolved to become a law teacher after observing the renowned international law professor when he taught some Sociology students law.

    He said: “Prof. Oyebode was my inspiration to teach well. I always saw myself as an advocate. He persuaded me just by his conduct. I made up my mind to teach law after observing him in a class where he taught some Sociology students law,” the Vice-President said.

    Appreciating the faculty for honouring him, Prof. Osinbajo noted that it was a great thing to be honoured by friends and colleagues.

    “I really feel honoured, thank you all very much, God bless you, you also would be honoured better than this in Jesus mighty name.

    “We have a great tradition of intellectual liberty-ability to argue and to disagree without being disagreeable and I think that’s one of the great traditions of our faculty, the Faculty of Law.

    “Our faculty has always been  a place of ideas and our country today needs  big ideas to solve the problems that we have,” he said.

    At the event were Osun State governor, Rauf Aregbesola; former Vice Chancellor, University of Lagos, Prof. Oye-Ibidapo-Obe; Vice Chancellor, University of Lagos, Prof. Rahman Bello, represented by Deputy Vice Chancellor, Academics and Research, Prof. Jide Alo; Dean, Faculty of Law, Prof. Akinola Ibidapo-Obe; Prof. Taiwo Osipitan (SAN); Justices Ellen Morenkeji and Lawal Akapo, and Pro-Chancellor, University of Benin, Senator Effiong Bob.

    •Adetola-Kazeem
    •Adetola-Kazeem

    Others included former President, Nigerian Bar Association (NBA) Wole Olanipekun (SAN); Prof. Oluwole Smith (SAN); Adetola Kazeem (SAN);  Dele Adesina (SAN); Mike Igbokwe (SAN); O.A. Omonuwa, and former Speaker, Lagos House of Assembly, Adeyemi Ikuforiji, among others.

    Earlier in his remark,  the Vice Chancellor said the school supported the faculty to honour Osinbajo because it is always a good thing to appreciate, acknowledge and identify with success.

    For Oyebode, Osinbajo’s nomination as the Vice Presidential candidate of the All Progressives Congress (APC) did not come to him as a surprise, giving the strides he recorded as Attorney-General of Lagos State.

    He recalled how two of his sons, who were taught by Osinbajo would narrate how he usually came to class without index notes, but would teach for three hours off hand, to the excitement of his students.

    He said: “As a student, he was a bit reserved, but very perceptive. The way he discussed issues, you will be left in no doubt that he is a master in the making.

    “It didn’t come as a surprise to some of us that he became a teacher. Anyone privileged to listen to his lecture will know he is a man of the hour.

    “I want to salute you  as Vice President. You are a proud alumnus of the Faculty of Law and a distinguished lecturer, who has become a role model for the leading generation.”

    The Dean of law, Ibidapo-Obe noted that  Osinbajo’s position as Vice President signaled fundamental change in the history of Nigeria, adding that even the international community has expectation and strong confidence in the present government.

    While extolling Osinbajo as one of the best products of the faculty and the university,  he highlighted some of the qualities that have stood him out.

    •Chief Olanipekun
    •Chief Olanipekun

    Similarly,  the former Vice Chancellor, Oye-Ibidapo-Obe expressed hope that with Osinbajo as Vice President, Nigeria will be among the first 20 nations by 2020.

    He noted the the Vice President has 21 attributes that stand him out, recalling how Osinbajo developed the Department of Public Law when he was the head.

    Ibidapo-Obe urged the university to create a link on its website that will talk about the Vic “He has the midas’ touch, anything he touches succeeds. He is also multi-tasked. He can do many things at the same time and do them well.

    “We have donated our best and finest to the nation; our own loss is the gain of the nation.

    “To every Nigerian out there, I say keep on doing what you know to do. Put in your best, without expecting any reward. Somewhere, somehow, someday, the Almighty God will reward you. Because he (osinbajo) was doing his work diligently without expecting any reward, he’s not a typical polictician, but from nowhere, he was located and positioned as number two  in Nigeria. It is just a reward for his hardwork,” said Osipitan.

    Bob described the Vice President as an epitome of humility, resourcefulness, integrity and excellence.

    He said: “It’s good to honour somebody that deserves honour and the Vice President deserves to be honoured not only by the University of Lagos community, specifically the Faculty of Law where he spent most of his years in teaching.

    “He is an epitome of humility and resourcefulness. A man of integrity and excellence, that’s why the faculty has decided to celebrate him.

  • Disband courts-martial, says Falana

    A Lagos lawyer, Femi Falana (SAN), has urged the military authorities to  disband the two courts-martial sitting in Lagos and Abuja and discharge the soldiers on trial.

    Falana said there is no legal or moral basis for their continued existence. To him, those who set  them up have admitted that they led a military that was neither equipped nor motivated to confront the well-equipped enemy.

    He, however, argued that the former Chief of Defence  Staff (CDS), Air Chief Marshal  Alex Sabundu Badeh, has questions to answer regarding the Chibok girls’ abduction, mutiny and demobilisation of the troops under the alleged false claim that the Federal Government had reached a truce with the Boko Haram sect.

    The Lagos lawyer recalled that between September and December last year, two courts-martial which sat in Abuja, convicted and sentenced 70 soldiers to death.

    “The  soldiers who were charged with mutiny had complained of lack of equipment to fight and the failure of the military authorities to pay their operational allowances.

    “The allegation of the diversion of the troops’ allowances was confirmed by the military authorities who removed the General Officer Commanding  the 7th Infantry  Division of the Nigerian Army based in Maiduguri, Borno state at the material time,” Falana said.

    According to him, the soldiers’ conviction  embarrassed the Federal Government. This, he said, explains why  the immediate past Chief of Army Staff, General Kenneth Minimah  refused to confirm the findings of both courts-martial contrary to Section 22 of the Armed Forces Act.

    “Thus, by refusing to confirm the findings, General Minimah deliberately  denied the convicted soldiers  the right to challenge their conviction at the Court of Appeal in line with the provisions of the Constitution and the Armed Forces Act,” Falana said.

    The Senior Advocate noted that the military authorities decided to dismiss other soldiers accused of committing  similar offences in the course of prosecuting the war on terror in order to avoid further embarrassment.

    “In view of the injustice which characterised the exercise, we had pleaded with the authorities to review the exercise and  pointed out that the decision to dismiss 1000 young men who had been trained  to handle weapons  was a threat to national security. Our appeal fell on deaf ears.”

  • Their journey so far

    Their journey so far

     The sky was their limit when they were called to The Bar. A few years and several challenges later, things seem not to be going exactly as planned. Young lawyers share their experiences with ROBERT EGBE.

    When Olamipo Folami graduated from the Nigerian Law School in 2012, it was a day of joy. “I was so happy,” she told The Nation. “My family had never wanted me to study law; they felt it was too dangerous. They had this idea that people are always after lawyers, but I stood firm and at the end I was very happy.”

    However, just a few months later when she hit the labour market, her bubble of happiness burst when she heard how much a law firm was willing to pay her.

    “Nothing,” she said. “Absolutely nothing. The law firm said they were not going to pay me a kobo, that I was going to be working for the experience and should try to get by that way. I went home and wept.”

    Folami’s story is that it is not unique. Many ’new wigs’, as new lawyers are called, feel the wages they are paid by law firms is inadequate.

    Lillian Ebeh, who was called to the Bar in 2012, agrees. “Young lawyers are not well paid,” she said. “We’re just working to gain experience, knowing that you can use your experience to make money.”

    Ebeh also raised another issue that had little to do with money: the senior-junior lawyers relationship. “Senior lawyers sometimes treat young lawyers like they know nothing, as if they know nothing about the law or proceedings. I think sometimes they should give young lawyers the opportunity and they’ll find out that we have a lot to offer.”

    For Chukwudi Nneke, the challenges are of a different kind and a bigger pay packet may not necessarily be the answer. He told The Nation that the legal profession in Nigeria appears to be near saturation point, as far as new wigs are concerned.

    He said: “One of the challenges is that as a young lawyer one finds it difficult to fix oneself in a saturated legal profession. For instance, a friend of mine looked for a law firm to work in for two years.

    “I was also faced with the challenges of meeting the high expectations of friends and relatives. Immediately after my call to bar, I started receiving calls from friends and relatives asking for financial assistance.”

    Nneke, who is five years post-call, also raised some issues that new wigs may not direct their minds to. He said: “As a young lawyer I also lacked the experience of doing some kind of work without supervision. Sometimes, classroom theory can also be quite different from the actual practice of law. I also had the challenge of meeting up with the demand of the profession in the area of research work with the attendant endless reading.

    “Another seemingly discouraging challenge is the attitude of our courts. It is quite frustrating that a lawyer will wake up early, prepare and leave for court only for it not to sit, and without an apology. It is even more annoying when you have spent about three hours waiting already.”

    In his three years at the Bar, Uwem Equere has had his fair share of challenges, but the main ones have to do with the courts.  “For court room practice,” he began, “litigation can be frustrating at times, particularly when the courts do not sit. This causes undue delay in the lifespan of a case before a court finally concludes with a matter, though not in all cases.

    “I once had a matter and on the first date the matter came up, the judge granted our application and gave a bench ruling in our favour, but this is usually not so common as this also requires a lawyer dotting their Is and crossing their Ts.”

    However, it is not all doom and gloom. “Law practice is evolving and better every inch of the way compared to what we heard and read,” says Equere. “Every lawyer can only create a niche for himself and ensure he rises to the zenith of his area of specialisation. With the number of lawyers the law schools churn out yearly, we can only create an enabling environment to absorb us all.”

    Ebeh shares similar sentiments. She is certain that law practice can be quite rewarding. “Experience pays in the long run,” she said. “Law practice is very lucrative; you just need to be patient and wait for your time.”

    The passage of time certainly appears to have made a difference in Folami’s career. “It has not been easy,” she said. “If you’re not determined you won’t be able to practice law. My self determination saw me through and now, I have no regrets.”

    For young lawyers time is perhaps the most important commodity they have. They and the 3,782 new wigs announced by the Council of Legal Education last week can take solace in the fact that though the road ahead may be long, they have all the time in the world to get there.

  • Etisalat’s suit against MTN, NCC adjourned

    Justice Mohammed Idris of the Federal High Court in Lagos will on September 25, this year hear a suit by Etisalat Nigeria Limited seeking a judicial review of a Nigerian Communications Commission (NCC) policy, which allegedly encourages unhealthy competition.

    The judge struck out an application by MTN challenging the suit’s hearing during the court’s long vacation.

    MTN’s lawyer Olasupo Shasore (SAN) said there was nothing urgent about the case to warrant it being heard by the vacation judge, but Etisalat’s lawyer Kola Awodein (SAN) said he was ready to proceed, adding that he wasted no time in filing his reply to MTN’s processes.

    However, NCC’s lawyer Prof. Taiwo Osipitan (SAN) said he had just been briefed so he needed time to study the casefile.

    Etisalat is seeking a review of the 30 per cent differential between MTN’s off-net and on-net retail mobile voice tariffs. It said through the differential, MTN has created a “calling club”, an example of which is its “Family and Friends” promo.

    Etisalat is contending that the promo, which offers a call rate of 11 kobo per second to eight MTN subscribers and two non-MTN subscribers, is a threat to the plaintiff’s business.

    It added that the promo aided MTN to “leverage on its size to restrict outgoing traffic to smaller operators by pricing on-net tariffs lower so as to make off-net calls unattractive.”

    According to Etisalat, the 30 per cent differential granted MTN by NCC was a breach of the commission’s Determination of Dominance in Selected Communications Markets in Nigeria (DDSCMN) regulation issued by NCC on April 25, 2013 following a study it conducted in 2012.

    It said when it realised that MTN had launched the promo, it wrote several letters to NCC, which allegedly failed to compel MTN to withdraw the ‘Family and Friends’ tariff option.

    Etisalat is contending that such leverage given by NCC to MTN would not allow for a healthy competition and must be judicially reviewed.