The Nation Newspaper

Category: Law

  • Wanted: Constitutional courts

    Wanted: Constitutional courts

    Under the watch of Justice Babatunde Adejumo, the National Industrial Court of Nigeria (NICN) has grown from an inferior court to a superior court of records. As NIC president, he got the National Assembly to enact an enabling law for the court in 2006. Since then, Justice Adejumo, who became NIC president in 2003, has been unrelenting in his determination to make the court stand out. In this interview with ADEBISI ONANUGA, he speaks on his vision for his court.

    Since you took over as President of the National Industrial Court of Nigeria(NICN) in 2003, what have been your challenges?

    We have faced a lot of challenges in the course of administration of this court. A court that have been there for 25 years before I was appointed and there was not much to show for it. For you to get to limelight is not a small feat. We weathered the storm and  have gone through all sorts of stages to get to where we are today. It is quite painstaking. I have been to all the states of the federation either by road or air to research on how we can develop the court before we come to this. I met 129 staff, including five graduates. But today, we have 1,500 staff and over 300 graduates. I met two lawyers but, today, we have about 50 lawyers. I met three members who are not judges. Today, we have 20 judges minus the one who retired two weeks ago. When we were at Oju Olobun in Victoria Island, you know how the place was but within two years, I was able to build this place and we have courts across the country that can compete with any all over the world. In terms of jurispudence, when I came, there was no enabling Act. The NICN was established under the Trade Dispute Act, which I think was not good enough. We were able to come out with the National Industrial Court Act, 2006. I was able to make the Rules of Court to govern the proceedings in court in 2007 and 2010. We are able to come out with the amendment to the constitution. We had a third alteration. We are now coming out with instruments and rules. I think the court has developed but it has not been easy to achieve that. In the process,  there were lots of challenges but we thank God we are here.

     

    What other plans do you have to expand  the NICN?

    Well, I believe we  are developing, expanding and growing. We have other heights to attain. We are already in about 24 states; we hope to have our divisions in more states. We want to have more judges appointed within the next one and half years. Our headquarters project in Abuja is 70 percent completed. We hope to complete it and develop the jurisprudence of the court the more. Very soon, we will be opening our Alternative Dispute Resolution centre. We have the instruments and the rules are already on ground. We are about to present them so that the centre can become  operational.  This way,  when cases are filed in court, those cases would be referred to the centre for amicable settlements that will save time, reduce the degree of bitterness or the rancour that usually surrounds litigation. We have our plans and, with time, we will complete it.

     

    What are you doing in the recruitment of more lawyers, judges and support staff?

    We are not going to appoint only one person; we have more that 1000 cases pending in the court. By the grace of God, by the time election comes and goes, more people will come to court. The governors that did not come back would want their allowances and entitlements. If they are not paid, they will come here. Ministers and even Mr. President have the right to come here if they did not pay their allowances. They all have the right to approach the court if any of their outstanding is not paid. So, definitely, we are going to need more hands.

     

    There are agitations from some stakeholders that the Industrial Courts should not be the final arbiter of their cases. What is your take on this?

    You see, the law does not say the National Industrial Court shall be a final arbiter in all matters. Section 243(2) and (3) of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 provides as follows that an appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental rights as contained in Chapter IV of this Constitution as it relates to matters upon which the National Industrial Court has jurisdiction. This means that an appeal shall only lie from the decision of the National Industrial Court to the Court of Appeal as may be prescribed by an Act of the National Assembly, provided that where an Act or Law prescribes that an appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal, such Appeal shall be with the leave of the Court of Appeal.

    Also, without prejudice to the provisions of Section254C (5) of this Act, the decision of the Court of Appeal in respect of any appeal arising from any civil jurisdiction of the National Industrial Court shall be final.                                                                   In essence, what this means on issue of fundamental rights is that you are free to go on appeal. But any matter cannot be appealed  unless prescribed by Act of National Assembly. If that is what the law says, it means that it is the duty of agitators to move the National Assembly to come out with an Act that will prescribe an Act that appeal shall arise on decision of National Industrial Court and  under Section 243, which was amended to  state that where appeal lies from the decision of the court of appeal, it shall be with the leave of the court of appeal, and the decision of the court of appeal shall be final. So, it does not say there should be no appeal on the decision of Industrial Court. Now you don’t need to go and amend the constitution, it has given that power to National Assembly to come out with Act. Prior to when the law was made, the National Industrial Court Act, the third alteration, there were two cases. Amadi v. NNPC. It went from the High Court to Supreme Court for 18 years before it was sent back to industrial court for trial on grounds of jurisdictional level. There was another case of Ozuegbu v.CBN, it went from the high court to Supreme Court for 24 years before the Supreme Court sent it back to National Industrial court to start afresh. Now you can imagine the injustices that somebody must have suffered for 13 years before his case is to be retried. Only God knows how many years it will take again before it would be concluded. In order to stop that, in their own wisdom, the law givers believe there should be no absolute appeal at the Court of Appeal. That is why they gave Court of Appeal limited appellate jurisdiction unlike the high court. The high court didn’t have that limitation. On land matters, it can be there for long. One generation will go and another generation will come and it can be in continuity. And like chieftaincy, it can be a continuous struggle. But in an employment service, it is an economy matte. Assuming the Federal government or the State government is fighting with the union, they go on appeal, they refuse to go back to work, these are the reason why they believe that they should not just allow the blanket appeal to be there. But the room is there for agitators to approach the National Assembly and move them to come out with a one paragraph law that we want it to be like the decision of the National Industrial Court to go to the Court of Appeal. Simple. We don’t have any  problem with that in our own court. But we must consider consequential effect of any law and the interpretation on the larger society. Nigeria’s economy is what labour deals with either as individual or corporate.

     

    One of the challenges on the Bench and Bar is corruption. How have you been able to manage this in NICN?

    Well, in my court here, there has been no cases of corruption. No judge has been taken to National Judicial Council on the ground of allegation of corruption. But if you say generally, as a member of NJC and as a member of Federal Judicial Service Commission, I am privileged to be one of those who have been considering the allegations of corruption against erring judges. But I will tell you that 80 percent of allegations are unfounded, it was just allegation. Since the council have started, we have only been able to discipline four judges not on the grounds of corruption but other areas, may be they are found guilty of not handling the case the way it ought to be handled. But when you talk of corruption, that is taking bribe or asking for bribe, this has not been very common, may be one or so. Judges have been removed on other grounds like if you have a case pending for more than five years or if you are lazy or you have not been able to meet up with your returns or is less than the number of cases you are expected to have handled. But, in most cases that bordered on appeal, that the aggrieved party, instead of them to appeal,  urged the council to discipline a judge for refusing to grant him time or adjournment. These are cases for appeal and not issues upon which a judge should be disciplined. So, the council have been able to identify some of these cases and say look, these type of cases should not come here. Go on appeal to challenge the decision of that judge and whatever the court of appeal says. Some people in their allegations, may be that they don’t want the face of the judge, they don’t want the judge to handle their case, may be they believe they will lose the case, they would start writing petitions. But whenever we found that a judge is found wanting, the council will handle the matter but the council will give the judge and petitioner fair hearing and the council will investigate. So, it is not easy.

     

    What do you think should be done to reduce the time of concluding litigation in the Supreme Court ?

    So many things can be done. For example, they are taking 2006, 2007 cases now. It means that any matter you file now will have to stay for long before it gets there and is not their fault because they have back log of cases. That is why National Industrial Court cases are not allowed to get to Supreme Court to reduce the work load. That is why the law says, it must end here except one that borders on fundamental rights. An interlocutory applications should not be allowed to go to Supreme Court. It should end at the Court of Appeal and  that would reduce the work load. Cases that qualify to go to Supreme Court must be with the leave of the Supreme Court. It is not every matter that should go to Supreme Court. If you want to appeal the decision of Court of Appeal, you apply for leave and  in their own wisdom, if they think they are trial-able at the appellate level, they will allow you to come. If they believe you are just coming to waste time, they refuse you and that is the end. If they can introduce leave, and make sure there is no allocutory matter taken to Supreme Court, these will reduce workload. For the Supreme Court to be effective in discharge of the appeal, the numbers of cases going there must be reduced. The judges are not more than 16 or 17 and considering the ages of judges, they are elderly people. They have State Supreme Court and Supreme Court in United States. In America, you don’t appeal on everything, here you see a file so big. Ii is not like that in America, may be one or two to three pages, how they do theirs is that, it is on constitutional issues, when you go there, they have nine justices only. Six say not to hear, that is the State Supreme Court have handled some of the cases. If you go there, the first thing to determine is if to hear or not to hear. They vote whether the case have merit or not, if six say no, that is the end. If five say to hear, then they will look at the aspect to hear whether you are appealing against everything said in the judgement or of an area of the judgment. That is why the file will not be bulky. It is that area alone they will look at and see whether there is an issue. Here in Nigeria is not like that.

    Another thing is that the National Conference made recommendation on Regional Court of Appeal so that all matters within the state will end there. That will look like Supreme Court of America. But weighty constitutional issue will come to Supreme Court and with the leave of the Supreme Court. If that allows, the Supreme Court will have less work and the Court of Appeal would now be Federal Court of Appeal because very few cases will be allowed to get to Supreme Court.

     

    Do you think 180 days is enough to hear election petitions?

    It is enough. Why it was not enough was that people come with interlocutory applications. When you say no, they go to the Court of Appeal, they want to stall the Tribunal. But now, if you have anything against the ruling they say no and continue with the hearing. You can appeal altogether. If you look at the psychology and philosophy behind that, you see that is justifiable. A person will be elected whether rightly or fraudulently and if it is fraudulently, the court says election was not proper and he has stayed in the office for two years, he has been collecting public funds for two years, taking decision that will affect the states for two years. If the court now says he is not the president, one certain thing he has done cannot be reversed. May be he has signed one or two appropriation bill, or one law or the other, that law has been interpreted. Or he has appointed some people, those people have taken some action, you cannot reverse them. The best you can do is that the right person should take over. The state fund has been wasted, it is double jeopardy and problem is created. For that, 180 days is enough.

    I think the question to ask is whether we have enough judges to handle election tribunal cases? I don’t think we have. Because the moment you take these judges from the high court, industrial court, their work is hanging in their normal duty post. That is just by the side and they will not be visible at the regular cases they are supposed to handle. Cases will die temporarily, only to be awaken when he comes back. That is why I said there should be a Constitutional Court. The duty of constitutional court is to handle election matters. That will reduce pressure in the conventional court. In South Africa, Togo that is the practice. The duty of constitutional court is to make sure that regular court are not saddled with election matters. It is in this regards you are be able to train judges on the constitutional court and the constitutionality. But now, when you take justices of Sharia Court, or from different places, bring them together, that will not solve problem.

     

  • Alleged forgery: Court orders law student’s probe

    The Federal High Court in Umuahia, the Abia State capital, has ordered the police to investigate a forgery allegation against a law graduate, Ejem Onuma Agbaeze.

    Justice F. A. Olubanjo awarded N1million against Agbaeze and his friend, Arua Ifegwu for failing to prove a case of violation of their fundamental rights.

    The judge urged the Council of Legal Education to exercise caution while considering whether Agbaeze, said to be a student of the Nigerian Law School, Abuja, should be called to the Bar.

    Justice Olubanjo held: “That the issues outlined for determination in this application for the enforcement of fundamental rights are resolve in favour of the first to fourth respondents; that the applicants have woefully failed to prove that their fundamental rights have been violated by or at the instance of the first to fourth respondents; that the reliefs sought are refused and the application is dismissed.

    “That the Council of Legal Education should exercise caution while considering whether the first applicant should be called to the Bar; that the Assistant Inspector-General of Police in charge of the Federal Capital Territory Abuja through the Commissioner of Police Abuja is hereby directed to liase with the Medical Director of Bwari General Hospital with a view to investigating the allegation of forgery and charging those who are found culpable to court; that cost of N1 million is awarded against the applicants in favour of the first to fourth respondents.”

    Agbaeze and Ifegwu claimed  their rights were violated by Abia House of Assembly Speaker Sir Ude Oko Chukwu, Francis Okpe, Orji Emeghe and Ude Ogbu Ude in 2011. They demanded N346, 000, 000 damages for allegedly abducting, detaining and torturing them during the 2011 general elections.

    Agbaeze had attached some pictures and medical papers dated May 26, 2011 which he claimed was issued by Bwari General Hospital, Abuja.

    But the respondents’ lawyer Chidozie Ogunji applied to the hospital to verify the documents. Last November 24, the  Medical Director, Dr. Ekpe Philips said the medical report was forged, including the hospital’s stamp, phone number, letter head, doctor’s name, the signature and the hospital’s card.

    Said the hospital: “Thank you for your request to authenticate the attached medical report of Ejem Onuma Agbaeze …, which he claimed to have received from our institution, Bwari General Hospital, Abuja.

    “We wish to confirm that following detailed investigation from our records, that everything about the medical report was forged viz: letter headed paper, stamp, hospital number, the ref. no, name of the doctor, signature and hospital card.

    “We are, indeed, interested in arresting Mr. Ejem Onuma Agbaeze, who is our suspected culprit or who will lead us to whoever gave these entire forged documents to him on behalf of Bwari General Hospital. On no account should these documents be considered as emanating from Bwari General Hospital, Abuja.”

  • Lawyers root for Lalong, Abubakar, Tambuwal

    Lawyers root for Lalong, Abubakar, Tambuwal

    Lawyers are drumming up support for their colleagues who will be contesting the governorship election on April 11.

    Among those contesting are Simon  B. Lalong (Plateau State), M. A. Abubakar (Bauchi) and House of Reprsentatives Speaker Aminu Tambuwal (Sokoto).

    Leading the call are members of the Arewa Lawyers Forum (ALF), who believe their colleagues would transform the region and bring the much-desired dividends of democracy to  their people.

    They said lawyers have always shown the light in the leadership of their countries for others to follow.

    They cited Bill Clinton of the United States, the late Nelson Mandela of South Africa, the late Chief Obafemi Awolowo, Chief Solomon Lar, Babatunde Fashola (SAN),  Dr. Godswill Akpabio as lawyers who have demonstrated efficient leadership.

    Immediate past Nigerian Bar Association (NBA) Second Vice-President Steve Abar, endorsed Abubakar, saying his candidature “is one of the most welcome developments of this year”.

    “His candidature represents a struggle for justice, fairness, equity and good governance on the Plateau. He represents unity, progress,  development and all well meaning citizens of the State ought to rally round him to deliver the divends of democracy to the people.  Abubakar has successfully steered the ship of Arewa Lawyers for the past two years and has, undoubtedly, given a credible and focused leadership.”

    “Looking at the way Tambuwal emerged as the Speaker of the House and how he sustained the leadership of the House in the face of serious pressure, you easily attest to his mastery of politics and I urge the people of Sokoto State to vote massively for him on Saturday. Tambuwal will make a good governor for Sokoto State because he cares for the feelings, the yearnings and aspirations of the people.

    ‘’Only victory for our candidates will reposition the north and fast track the socio-economic and political development of the people.

    “The fact that Lalong is contesting for the office of Governor of Plateau State at this time is one of the most welcome developments of this year. His candidature represents a struggle for justice, fairness, equity and good governance on the Plateau. He represents unity, progress,  development and all well meaning citizens of the State ought to rally round him to deliver the divends of democracy to the people.

    “His previous experiences in governance as a Speaker of the Plateau State House of Assembly places him in a  vantage position to redirect Plateau on the path of true greatness. At this critical time in our nation’s history, Lalong is the way to go for Plateau,” Abar said

    Former Director, Public Prosecutions in Bauchi, Mr. Haruna Dele Mohammed, listed Abubakar’s attributes as good knowledge, attitude, skill and habits.

    He said: “He is well-read in law and administration. Has travelled extensively within and outside the shores of this country all in search of knowledge,  travel in itself they say is education and Knowledge.

    “Good Attitude, calm, calculated, good mind set and above all respect other peoples opinion and advice.His skill are immeasurable, he has a lot of experience in his training and practice as a Lawyer as well as in Administration  He has gathered administrative experience serving in the under listed but not limited capacities: DPP Bauchi State,twice  Attorney-General and Commissioner for Justice in Bauchi State.

    “He was chairman NBA Bauchi and he gave us good and credible leadership. He grew from the ranks, he knows his home state very well, he has always been with the people of Bauchi State and knows  their problems and the need areas. He is a man who matches words with action, he is not dogmatic, he is willing to borrow ideas from sister states, technology etc for the benefit and betterment of the people of the state.

    “I urge the people of Bauchi to come out en masse on Saturday, April 11, 2015, to vote for him, for transparency, accountability, drive, honesty, security and dividends of democracy  for everybody in the state.”

    Matthias Tsuwa, a National Executive Council (NEC) member in Bauchi, said he had known Abubakar since  2001, adding that he is a great achiever.

    “His having won the primary election of our great party, the APC, is really a great feat because he contested the primary with seven others who are no push overs and for him to have surmounted them is a great feat indeed. In fact, knowing the terrain of Bauchi  State very well, I can tell you confidently without any equivocation or shadow of doubt that Abubakar is the Governor of Bauchi State in waiting, the exercise of April 11, 2015 will confer the people’s mandate on him,’’ he said.

    Tsuwa said Abubakar would make a very good governor because he is a seasoned administrator. He said Abubakar worked in the Ministry of Justice, Bauchi and became the Attorney-General of the state between 1990 and 1992, adding that his tenure was very eventful. He turned around the fortunes of the ministry and affected the judiciary of state positively. “He later joined INEC and rose to the position of National Commissioner before he retired and continued with his active private legal practice where he left to join INEC.

    “The people of Bauchi really love him and they have demonstrated this in the rousing welcome he has been receiving from the tumultuous crowds that have turned out to receive him on his campaign tours of the nooks and corners of Bauchi. Also, judging from the past performances of the APC in Bauchi, it is clear that it is the party of choice in the state and Abubakar is only waiting to be sworn in come May 29, 2015,” Tsuwa said.

    Danlami Hassan Garba described Abubakar as competent, disciplined and trust worthy; he is legally minded, respects the rule of law and due process; he is  experienced as one time Commissioner both at state and federal level, he is Incorruptible and humanitarian in nature.  “He is just the person Bauchi people are yearning for, voting Abubakar as the Governor of Bauchi  will bring the change we had hitherto desired in the state. Bauchi will surely be better than ever under the leadership of  Abubakar as a Governor,” Garba said.

    Lalong, former Speaker, Plateau State House of Assembly in the Joshua Dariye administration, is seen by many as  humble and has leadership qualities that stand him out as the man for the job. “They see him as the man who has the capacity to step into the big shoes of late Solomon D. Lar because he shares the rofessional calling and idiosyncrasies with the late elder  statesman,’’ a lawyer said.

    Mr. Nankin Bagudu said: “Anybody who loves Plateau and is outside the state, should be back home from Wednesday,  April 8, latest to join in the struggle to free our people from the stranglehold of bad governance.

    “To our people this election is a decisive one, we must be united in the single minded determination to vote for change. We have two options, one will make us second class citizens  and the other  will free us from internal servitude, tribalism and corruption. The rightful candidate is Simon Lalong. Nothing less, nothing else, nothing more. To do otherwise will be to condemn our state, our children and the future generations to two different societies.

    “I believe Simon Lalong is it because he is not an appendage of the current government. He would do things differently and would correct the very many problems that the current government has created for us as a people. He is simple, teachable and ready to work with all manner of people to ensure that there is balanced development in the state.’’

    It was reported that some present and former elected and appointed leaders in the Peoples Democratic Party (PDP) in Bassa Local Government Area of Plateau, operating under the auspices of Kice Awareness for Change, have rejected the PDP governorship candidate in the state and adopted the governorship candidate of the All Progressives Congress (APC) in the State, Lalong.

    The Kice Awareness for Change members said at a conference in Jos, that the governor was wrong when he anointed his kinsman from Plateau North Senatorial Zone whereas  popular opinion favoured a southern Plateau person as the job.

    “We strongly support and endorse the candidature of Rt.  Hon Lalong and Prof Sunny Tyoden (as governorship candidate and running mate respectively) in the April 11, 2015 general elections. We reject in totality, political imposition or hegemonic local imperialism by a microscopic cabal in Plateau State” Kice said.

    Former chairman, Jos branch of the NBA, Mr. Caleb Dajan, said: ”I believe that Lalong will make a good governor. Every lawyer, by virtue of  his  training is a leader. Most countries that have made a choice of a lawyer as either President or Governor have never regretted it. Examples abound in the  United States, where we have lawyers as presidents and they performed very well. In Nigeria, we have examples of governors Babatunde Fashola (SAN)  of Lagos State, Dr. Godswill Akpabio of Akwa Ibom State, Governor Liyel Imoke of Cross River State and coincidentally,  all of them are my mates at the Nigerian Law School. You have the late Lar of the old Plateau State, who performed very well. I recommend Lalong to the people of Plateau State. He will not disappoint.”

    Former Secretary, NBA Jos branch and a member of the National Executive Committee of (NEC) of the NBA Jim Gotom, said: “Lalong’s record of community service has been remarkable. From his excellent record as national president Gamai youth movement he endeared himself to his people. As speaker Plateau State House of Assembly for two terms, he exhibited uncommon leadership. He resisted the offer to be governor by illegally impeaching former governor Joshua Dariye. That is uncommon principle.”

  • Group urges Buhari, Osinbajo on campaign promises

    A GROUP Lawyers for Change (Lawyers4Change) has urged  President-elect, Major-General Muhammadu Buhari and his deputy, Prof. Yemi Osinbajo to deliver on their campaign promises.

    In a statement titled: “Thank You Nigerians”, signed by its National Coordinator, Adesina Ogunalana and General Secretary, Gbenga Demola-Ojo in Lagos, the group urged Buhari and Osinbajo to fix the power supply, enhance national security, tackle Boko Haram, end mass unemployment, importation of fuel and tame corruption. among other vices.

    It said the task of re-building Nigeria must start immediately.

    Lawyers4Change recalled the general elections held on March 28, this year and the subsequent declaration of Buhari and Osinbajo as  winner of the elections by the  Independent National Electoral Commission (INEC) three days after.

    It said the victory of the presidential candidate of the All Progressives Congress was sweet and much expected by the majority of Nigerians, noting that despite the hitches in the exercise, the Nigerians comported themselves and did much to prevent outbreak of violence despite the stress, hassles and tensions that accompanied the voting exercise.

    “We remember that this victory never came easy or cheap giving the desperate and vicious campaign tactics and strategies of the government of the day and the Peoples Democratic Party (PDP), the ruling party which include blackmail, muck-racking,hate speeches,violence and voters’ intimidation.

    Our unpleasant experience in Ondo and Ekiti states in the course of our March4CHANGE campaigns are pointers.

    “Nonetheless, we are full of gratitude to the Almighty that despite all the tension, upheavals, disturbances and rumors of disturbances, the election was not disrupted and the process ended peacefully and regularly.

    “We join million others to congratulate General Muhammadu Buhari, his running mate, Prof. Yemi Osinbajo (SAN) and their party the All Progressives Congress at their victory at the polls. The victory was unprecedently historic as it would be the first ever time the opposition would, in Nigeria, defeat the party in power in an electoral contest at the federal level and for sure this is the first time that the progressive tendency in our dear country would be taking over the reins of power of the Federal Government,” it said.

    The group expressed appreciation to INEC and her leadership, for delivering a relatively free and fair elections to Nigerians.

    “We appreciate the industry and maturity of the INEC leadership as well as the grace exhibited under fire.

    “We also express our appreciation of President Goodluck Jonathan, the first runner up in the presidential elections for conceding defeat early enough and decently too. This singular action was a very powerful douse against any violent reaction to the result of the announcement, which could easily have led to mayhem at a national scale.

    “Our greatest appreciation however is to the masses of our people who made the election possible and gave it her character. Our people stood in the sun, defied the rain, most without food for several hours to ensure that they not only cast their votes but stayed back to ensure that their votes count,” the group added.

  • Why vote for Akinwunmi Ambode?

    One of the best campaign songs for the 2015 general elections, belong to AkinwunmiAmbode. He is the All Progressives Congress (APC) gubernatorial candidate, in Lagos state. I referto that campaign theme song that ignites thus: ambooo ambo.ambooo ambo … After that intro, the music takes the listener through a delectable thematic content and beats, to rally the voter’s mind around the APC’scandidate’s potential. Regardless of the variant, that campaign thematic song, urges the listener to vote Ambode, during the  next gubernatorial elections. His opponents, particularly Jimi Agbaje of the Peoples Democratic Party (PDP), have their own theme songs, but none excites, like A+MBODE’s own.

    The A+MBODE sign, has to do with the visual theme of Ambode’s campaign. On this score, the APC candidate surely has his acts together. Among the numerous campaign posters, one of the most memorable also belongs to him. I refer to the poster, where AMBODE delicately joins his two palms, perhaps in supplication for votes, but more significantly, a pose depicting his devotion to unity and peace. For the religious, it is the Amen or Amin sign. With a chubby, handsome, and peaceful face, solemnly looking ahead, the APC candidate, seems to be praying for a successful election. There, his bright eyes oozes love, while his palms delicately sticking together, is an open plea for all Lagos residents to come out en masse, to unanimously endorse him, as the next governor of Lagos State.

    Talking of endorsements, the APC candidate surely has his bag full, with very significant endorsers. The first and perhaps one of the most treasured endorsements, came from the traditional ruler of Lagos. Interestingly, before Akinwunmi Ambode became a household name and a gubernatorial frontrunner,in record time, Oba Rilwanu Lukman Akiolu, openly endorsed A+MBODE as the anointed candidate,to take over the governorship of Lagos state, after the glorious reign of Mr.Babatunde Raji Fashola SAN. With that royal decreeby the preeminent Lagos State monarch, Akinwunmi’scandidacy took a life of its own.

    Significantly, Mr. Ambode also has the emblematic support of the incumbent governor of Lagos State. The endorsement by the learned Senior Advocate of Nigeria, is not half-hearted. It is total, unequivocal and comprehensive. To sell A+MBODE, Governor Fashola is not leaving anything to chance. He uses town hall meetings, campaign stands, official functions, and indeedall opportunities,to expertly market his candidate. He sells Ambode as more experienced than his closest rival, Jimi Agbaje, of the PDP. He reels out A+MBODE’s excellent performance in public service, and excitedly tell Lagosians that his candidate has the competence, drive and ingenuity to shepherd the state of excellence.

    Governor Fashola, himself, with impeccable credentials as governor, dutifully reminds Lagosians of the numerous signature projects of his administration, and the need for sustenance.He warns Lagos voters not to torpedo the Lagos-Badagry rail project that has reached advanced stage; the Bus Rapid Mass Transit programme that has brought modernity to Lagos; the urban renewal program that street by street, is restoring the pride of Lagos. He talks about the free and qualitative strides in education, which has restored the impetus of primary and secoundary education, with all the potentials that it portends for the future of the state.

    The Governor of the state of excellence, reminds Lagosians of the need to sustain the financial autonomy and independence of the state. He reminds Lagos residents that AkinwunmiAmbode was at the financial trench, to rout the imperial invasion by the federal government, under former President Olusegun Obasanjo, which had withheld the funds of the local government councils, to cripple the state. He sells his candidate as a financial genius, an administrative expert, who will hit the ground running, if elected his successor, as he has been part and parcel of the success story of the state of excellence. Like a proud marketer of an excellent product, BRF excitedly reals out A+’s multiple academic laurels, and the other numerous exhibits of his fecundity.

    The man who started it all, to the glory of Lagos state,Asiwaju Bola Ahmed Tinubu, advisedly tellsLagosians that we should all board the Ambode train, as it is sure to lead to further prosperity. The distinguished leader of the strongest opposition party ever, in the chequered political history of Nigeria, we must remember, was the Nostradamus, who saw the brilliant performance of BabatundeFashola, well before he nominated him, as his successor.He reminds us that he was castigated by those without the gift of clairvoyance. But like all true leaders, he stood his ground then, that, Fashola was the man; and true to his prediction, BRF today stands out in shining armour.

    Now again, the man with the gift of prophesy, Bola Ahmed Tinubu, has prophesied that Ambode is the next man with the Midas touch. I guess it makes a lot of sense to believe him. At his campaign stops, AMBODE the man of the moment has shown his capacity for logic and clear thinking. He has shown a firm grasp of fundamental governance issues. He has been able to connect and empathise with the poor and the deprived. He has shown uncommon acumen and succinct grasp of the big issues that would transform the mega city of Lagos, to one of the best and safest in that class.

    Ambode has also shown capacity to connect with the ethnic and cultural plurality of Lagos state. In his campaigns, A+ has gained endorsements from discerning cultural associations of non-indigenous peoples of Lagos, without alienating his kits and kin.For Ndigbo in Lagos, with Mr. Ben Akabueze, the Honourable Commissioner for Economic Planning and Budget in Fashola’s cabinet leading, they have a stake in AMBODE’S triumph.

  • Wanted: Electoral offences tribunal

    Wanted: Electoral offences tribunal

    How can electoral offenders be tamed? It is by establishing an Electoral Offences Tribunal  (EOT) argue lawyers say, will speedly handled and relieve the courts of such additional burden, report ERIC IKHILAE

    Reports of politicians and their reporters’ involvement in underhand deal during last Saturday’s elections have, again, brought to the fore the need to strengthen existing mechanisms for combating electoral offences.

    Stuffing and snatching of ballot boxes, shooting, detonation of explosives to scare  voters and pre-election  violence and intimidation,  have confirmed the fear that free and fair election may be impossible.

    Since 1999, successive elections have been marred by irregularities with  politicians and their supporters, bent on winning at all cost.

    Observers have argued that the trend is bolstered by the do-or-die approach to election since many believe that political offices are avenues to wealth.

    Despite the danger this  poses to democracy, institutions responsible for prosecuting electoral offenders appear helpless.

    Part V111 of the Electoral Act, 2010 (as amended) lists various types of electoral offences and prescribes punishment for them.

    Section 23, for instance, prohibits the buying or selling of voter cards; such offences attract a fine not exceeding N500,000 or imprisonment not exceeding two years or both on conviction.

    Under Section 81, a political party or association, which contravenes the provisions of Section 227 of the Constitution (prohibiting retention, organisation, training or equipping quasi-military organisations) commits an offence and is liable, on conviction, to a fine of N500,000 and N700,000 for any subsequent offence; and N50,000 for every day that the offence continues.

    The Act also provides that any person, who aids and abets a political party to contravene Section 227 commits an offence and is liable, on conviction, to a fine of N500,000 or imprisonment for a term of three years or both.

    Section 91 of the Act criminalises contravention of limitation on election expenses.

    Under Section 91(12), any accountant, who falsifies or conspires or aids a candidate to forge or falsify a document relating to his expenditure in an election or receipt or donation for the election or in any way, aids and abets the breach of the provisions of Section 91 commits an offence and on conviction is liable to 10 years imprisonment

    Section 122 prohibits impersonation and voting when not qualified, and its contravention attracts a maximum fine of N500,000 or 12 months imprisonment or both.

    Under Section 129(4) anybody, who snatches or destroys any election material shall be liable on conviction, to 24 months imprisonment. Section 130 frowns at undue influence of electorate on electoral officials; its contravention attracts a maximum fine of N100, 000 or 12 months imprisonment or both, while threats, under Section 131 attract a maximum fine of

    N1, 000, 000.00 or three years imprisonment.

    Section 150 of the Electoral Act 2010 (as amended) empowers the Independent National Electoral Commission (INEC) to undertake the prosecution of election offenders. Section 150 is complemented by Sections 174 and 211 of the Constitution, which empowers the Attorney-General of the Federation and states’ Attorneys-General to institute and undertake criminal proceedings against any person with respect to federal laws and state laws respectively.

    While it is impossible for INEC to exercise its prosecutorial power without investigation, it requires police assistance, saddled with investigatory powers under Section 4 of the Police Act.  Also, the Electoral Act, in Section 149 allows the Election Tribunals to recommend prosecution for an offence disclosed in any election petition.

    However, Section 150(1) & (2) of the Act provides that an offence committed under the Act shall be prosecuted in a Magistrate Court or High Court of the state where the offence is committed, or the Federal Capital Territory (FCT), Abuja, and that prosecution under the Act shall be undertaken by INEC’s Legal officers or any lawyer appointed by it.

    Despite the legal provisions empowering the INEC, the police and the Attorneys-General (both at state and federal levels) to prosecute electoral offenders, the culture of electoral impunity has continued unabated, while agencies of state empowered to combat it appear either overwhelmed or unwilling to act.

    So far, there is no known case where election tribunals have exercised the powers conferred on them in Section 149 of the EA to recommend any political actor for prosecution for electoral offences.

    In cases where some violations are detected and culprits apprehended, negligible few are taken to court.  During the last voters registration exercise, INEC said it detected about 870, 000 cases of multiple registrations, which are offences under the Electoral Act, but a negligible few were prosecuted under the law.

    In 2014, the Governing Council of the National Human Rights Commission (NHRC) recommended to the Attorney General of the Federation (AGF), Mohammed Adoke (SAN) the prosecution of 41 persons including former Edo State governor, Professor Oserhiemen Osunbor for their alleged involvement in electoral laws violation.

    David Mark
    David Mark

    Other prominent names on the list sent to the AGF include a former Speaker of the Kogi State House of Assembly, Clarence Olafemi, a former INEC Resident Electoral Commissioner in Ekiti State, Mrs Ayooka Adebayo and an Assistant Superintendent of Police, Christopher Oloyede.

    NHRC also listed the People’s Democratic Party, INEC and the Nigeria Police Force, police officers, INEC’s officials, lawyers and politicians in the recommendation to the AGF.

    The 41 alleged electoral offenders were said to have all been indicted in the judgments by various election petitions tribunals and courts. They were alleged to have been linked to offences related to forgery, perjury and breach of trust. The NHRC attached to its letter to the AGF, copies of the judgments where those listed were indicted.

    NHRC’s inclusion of Osunbor was in relation to the finding of the election tribunal in the petition by Governor Adams Oshionhole, where the tribunal came out with criminal and administrative indictments against the respondents in the case.

    The case against Mrs Adebayo was in relation to her role in the election in Ekiti State as captured in the tribunal’s finding in the judgment on the petition by Governor Kayode Fayemi against Olusegun Oni and others.

    In the case of ASP Christopher Oloyede the Court of Appeal held that “the evidence on record showed that a policeman, ASP Christopher Oloyede signed an election result sheet as party agent on behalf of the PDP. This is an illegality and violation of electoral rules both by INEC and the police.

    “ASP Oloyede behaved disgracefully and abused his position. Neither INEC nor the Police could defend the illegality that ought to have been sanctioned.”

    As regard Olafemi, the report referred to the judgment of the electoral tribunal, where it was stated that “the petitioners have proved beyond reasonable doubt that the 1st respondent, Hon Clarence Olafemi leading his agents and thugs did commit acts of corrupt practices and non-compliance with the Electoral Act by disrupting the ýconduct of election, harassing and intimidating eligible voters who were sent away from polling units without voting.”

    Prof Osunbor is currently at the Federal High Court, Abuja, challenging his inclusion in the list by the NHRC. But since the list was submitted to him, the AGF is not known to have taken any steps to act on the recommendations by the NHRC.

    Also, President Goodluck Jonathan, who in 2011 pledged to ensure the creation of the Electoral Offences Commission (EOC), has not found the courage to fulfill the pledge.

    The Electoral Reform Committee set up by President Jonathan’s predecessor, the late President Umaru Musa Yar’adua recommended the establishment of an autonomous and constitutionally recognised EOC vested with the power of arrest and prosecution of electoral offenders under a separate mechanism that is independent of the government in power.

    Observers argued that beyond INEC’s claim of lack of capacity to combine prosecution of election offenders with its primary duties of conducting elections, the elimination of election fraud will remain a mirage under the prevailing arrangement.

    They see no possibility for elections devoid of fraud and manipulation when the incumbent President, who is a member of a political party, insists on retaining the power to appoint the Chairperson, National Commissioners and Resident Electoral Commissioners of the electoral body that ought to be independent.

    They further argued that a credible electoral process is impossible where the electoral management body is denied autonomy and independence, and the power of incumbency used and misused; where security agencies are deployed and used against opposition forces with the aim of sustaining the incumbent in power.

    As a remedy, they suggested the need to strengthen existing legal and institutional frameworks around electoral accountability with the intention of providing adequate penalty for electoral crimes.

    They noted that those, who commit or encourage the commission of electoral offences are encouraged by the fact that the Police, other investigating agencies and INEC are incapable of ensuring thorough  investigation and conviction, and that where such is possible, the Attorney-General  will take over the prosecution and terminate their trial when their party gets to power.

    It is their contention that the establishment of an EOC, removed from the operational control of the Executive and the Attorney-General of the Federation and of the states, but granted financial autonomy could help in combating electoral offences.

    Lawyers, including Mahmud Magaji (SAN), the Chairman, NHRC, Dr.Chidi  Odinkalu, Dr. Abubakar Sulaiman, and the Executive Director, Policy and Legal Advocacy Centre (PLAC) and Coordinator of the Nigeria Civil Society Situation Room, Clement Nwankwo suggested among others, the strengthening of existing legal framework and the need for the National Assembly to pass the Bill for the creation of an EOC into law.

    Odinkalu argued that ensuring electoral accountability could be achieved, but not with a force of the degree. “The fact that those involved in electoral offences have not been prosecuted now does not mean they cannot be prosecuted later. But to address that, we need to continue to keep evidence, keep records, and keep alive, the demand for accountability.

    “In 2011 nobody would have foreseen that the NHRC would be calling for the prosecution of people. That is progress. In 2014 the NHRC started asking for the prosecution of named people, some of whom have been governors, acting governors and senators.

    Now, at these elections, there are entities collecting and documenting evidence for prosecution. I am confident that the time for accountability is here and we are not going to change that.

    “I, personally, do not believe that we should be creating all these new commission and tribunals for the same problems. Let’s make our police work. Let’s make the courts work. And let’s normalise all crimes. So, I am not an apostle of an Election Offences Tribunal or Commission, but I am an apostle of accountability. And I think we are making progress towards ensuring electoral accountability in the country.

    “Nobody in 2011 would believe that a former governor will be suing a public body before a Nigerian court to be excluded from prosecution for electoral crimes. That is progress. Whatever happens in that case, we are going to end up at the Supreme Court. We are going to get the jurisprudence changed and we are going to make progress,” Odinkalu said.

    Sulaiman urged the Legislature to urgently pass the Bill for the establishment of an independent EOC, with the capacity to investigate all electoral fraud and related offences, coordinate enforcement and prosecution of all electoral offences.

    “The commission should be imbued with the capacity and legal powers to set up Mobile Courts to try election offences on election days. It should also have the powers to evolve measure to prevent and eradicate the commission of electoral malpractices and facilitate rapid exchange of scientific and technical information among other democracies on the conduct of joint operation and training aimed at eliminating electoral malpractices,” he said.

    Nwankwo contended that it was a failure on the part of the President that recommendation for the creation of an EOC, which has gone through some discussions at the Legislature, has not been passed into law.

    “Usually, if the President was to prepare a Bill and send it to the National Assembly, it would be an Executive Bill and will be taken seriously. The initiative to create an EOC has been driven mostly by private interest. And I think that this is the failing of the President in not setting up a commission to be able to deal with this.

    “We think the President should be able to create a  body that will prosecute persons that commit electoral offences and ensure that people, who commit such offences are not allowed to walk away free.

    “While we await the creation of such a body, the relevant agencies could still rely on existing laws to prosecute electoral offenders. INEC has the powers, under existing laws to identify electoral offences and insist on prosecution.

     

     

  • Lawyer calls for Judicial autonomy

    Lawyer calls for Judicial autonomy

    A senior lawyer, Chief Ladi William (SAN), has called for the autonomy of the judiciary from other arms of government. To him, it will reduce corruption, promote efficiency, hard work at the Bar and Bench which will ultimately lead to the enhancement of the legal profession. Chief Williams, the scion of the late legal luminary, Chief Rotimi Williams, said this at the 4th Annual Chief Judge’s Dinner and maiden Awards Night organised by the Anambra State Judiciary, Awka, the state capital.

    He spoke on the topic: “Enhancing the legal profession, the role of the Bench and Bar”  where he highlighted the urgent need to cure judicial corruption and inefficiency to enhance the legal profession.

    In his welcome address, Anambra State Chief Judge, Justice Peter N. C. Umeadi, who hosted  the programme, thanked everybody for finding time to grace the event, which was not only great and fantastic in planning and organisation, but rich in attendance and presentations.

    Justice Umeadi said: “Having arrived at the 4th Annual CJ’S dinner, I think that the aim would be to continue to lay building blocks on the agreed mould, which this yearly dinner would take. It is essentially a dinner for the Judiciary  of Anambra State where we have the pleasure to invite our guests from the Executive and Legislative arms of government of Anambra State.

    “It is hoped that  as each edition come, the dinner will serve as a platform for the three arms of government in Anambra State to talk to each other without rancor at once under one roof. We hope too that the presence of fun and festive atmosphere would elicit  candour  to enable the three arms of government to discover ways in which they could better relate for the smooth running of the machinery of government in the state for the utmost benefit of its people.”

    He continued: “The planning committee, in this 4th Annual CJ’s dinner added for the first time an award night. The innovation was approved and guideline for all times is that such an ward would be available to persons, who have in one way or another been of service to the Judiciary of Anambra State in particular and Nigeria in general. The Judiciary of Anambra State is the third arm of the Government of Anambra State,  that government comprise the Executive, the Legislature and the Judiciary.

    “Much as the Judiciary is a component part of government, it occupies a peculiar position where it is expected to act as an arbiter between the Executive and Legislative arms and even in cases and issues, which are between either the Executive or Legislature, against the Judiciary, such as the recent issue of financial autonomy for the Judiciary

    “It is for this sake that the Judiciary is to be excused when it seeks to distance itself in order to  adjudicate on issues without fear or favour, affection or ill will. It is therefore, for proven services to the Judiciary of Anambra State that the maiden award of the Chief Judge of Anambra State would be bestowed on the following eminent and distinguished persons as follows:  The Governor of Anambra State,  Chief Willie M. Obiano  in recognition of his  support,  phenomenal and unprecedented development of infrastructure in the Judiciary of Anambra StateGovernor Theodore A. Orji of Abia State,  in recognition of his nobility in transcending frontiers in appointments in the Judiciary of Abia State.

    He said Justice Anthony I Iguh JSC (rtd), was recognised in recognition of his role as a model and pioneer Chief Judge of Anambra State, who ended up as Justice of the Supreme Court and for many years a member of National Judicial Council. “Before that he was a former Chairman, Judicial Service Commission, Anambra State. Justice Chinwe Amechi, in recognition of His Lordship, laid the foundation  as the pioneer President of Customary Court of Appeal, Anambra State. He is a former Judge of High Court of Anambra State and member, Judicial Service Commission of Anambra State,” Justice Umeadi said.

    Chief Ladi Williams, he noted, was recognised for his strides as a Senior Advocate of Nigeria and pivotal impetus of his family to the development of the legal profession in Nigeria and Africa as a whole. “There are nine certificates of merit to be won by Judiciary staff voted for their assiduous application to duty spanning the seven Judicial Divisions of the High Court and two from the Customary Court of Appeal. The overall winning Judicial unit shall also be present with a plaque,” he said.

    He continued: “To the Legislature, we plead that Judiciary budget as presented appraised realistically. An issue came up when the Judiciary tried to take care of its own contribution to the functioning of the Elections Tribunals in Anambra State. The Hon. Members of the House took a dim view and posited that it is the Court of Appeal that  is saddled to perform those functions and therefore, the Judiciary of the state had no business making such provisions.

    “But that does not represent the reality on the ground, the majority of infrastructure used in election petitions are owned,  managed and provided by the host Judiciary of the state. Even the generators and the diesel are run by the host Judiciary, we suggest a more liberal approach.”

    Speaking on the disciplinary methodology in the Judiciary, Chief Ladi Williams (SAN) said: “The disciplinary mechanism of the National Judicial Council (NJC) is provided for under Section 21(b)(d) of the Third Schedule of the 1999 Constitution (as Amended). Under the section the National Judicial Council is empowered to investigate or inquire into complaints on the conduct of judges in order to determine their suitability to continue as judicial officers and recommend their removal from office to the pesident or the governor as the case may be.”

    He said: “In exercising this disciplinary control, the National Judicial Council engages in the following: receiving complaints, conducting investigation into the complaint, asking judge to respond to the complaint, hearing from the person, who made the complaint and taking decision either exonerating the judge or in serious cases recommending that the judge be sanctioned. (See generally, In Re Disciplinary Action Against Graham, 453 N.W. 2nd 313 (1990) (Supreme Court of Minnesota; In Re Application for Discipline of Peterson 260 Minn. 399, 344, 110 N.W. (2nd) (1961).  For timely judicial reform, we must continue to emphasise on corruption, not because it is prevalent, but because it is totally unacceptable in our profession.”

  • Bi-Courtney: Debt dispute may shift to Supreme Court

    The Asset Management Corporation of Nigeria (AMCON) may head for the Supreme Court in a bid to recover its alleged N50billion debt from Bi-Courtney Limited, the concessionaire of the Murtala Muhammad Airport, Terminal 2 Lagos.

    The Court of Appeal, Lagos Division, last Wednesday dismissed AMCON’s appeal against a ruling by Justice Ibrahim Buba of the Federal High Court in Lagos over an alleged N50 billion debt owed by Bi-Courtney Group.

    The ruling nullified an order appointing a former Nigerian Bar Association (NBA) president, Mr Olisa Agbakoba (SAN) as the receiver/Manager over the assets of Bi-Courtney, its Chairman, Dr Wale Babalakin (SAN), Chartered Investment Limited, Resort International Limited and Roygate Properties Limited.

    Justice Buba had held that the order by his colleague, Justice Okon Abang, was made in error and should not have been given when there were pending cases and subsisting orders on the same case.

    According to him, the true facts were not disclosed to Justice Abang. “This court, no doubt, has been misled,” the judge said.

    The appellate court presided over by Justice Sidi Bage upheld Justice Buba’s ruling. It added that the circumstances under which AMCON obtained the ex- parte order against Bi-Courtney Group amounted to an abuse of court process.

    The court resolved all the issues formulated by the parties against AMCON and dismissed the appeal in its entirety.

    The court held that the orders obtained by AMCON were in direct conflict with the subsisting orders of court and AMCON having failed to notify the court of the subsisting orders, and the fact that settlement had broken down, the orders granted by Justice Abang were a nullity.

    The Court of Appeal disagreed with AMCON’s contention that the previous suits pending between the parties, in which certain orders were made against AMCON and which orders were still extant, had been compromised and discontinued.

    According to Justice Bage, there was nothing in the record to show that the suits had been compromised and to that end, the actions of AMCON in commencing a new action and obtaining ex parte orders that were in direct conflict with subsisting orders of court, amounted to an abuse of the process of court.

    The court deprecated AMCON’s conduct and held that a party, who had submitted an issue for the determination of a court in a pending suit, should not take steps to undermine the integrity of the court and the judicial process by filing another action seeking the same reliefs.

    The appellate court considered the provisions of Section 49 and 50 of AMCON Act which entitles the corporation to file recovery actions and held that such powers must be properly exercised within the bounds of the law and in accordance with the rule of law.

    Babalakin said the Federal Government owes Bi-Courtney N132billion. According to him, the company is not indebted to AMCON.

    The senior advocate said the Federal High Court sitting Abuja ordered the Federal Government, represented by the Attorney-General of the Federation, Mohammed Bello Adoke (SAN), to pay Bi-Courtney the sum.

    In the order made by Justice G. Olotu on April 5, 2012 in a suit numbered FHC/ABJ/CS/50/09, the judge had directed the AGF to pay N132, 540,580,304.00 to Bi-Courtney “being the sum due to be rendered and remitted to the applicant (Bi-Courtney).”

    The judge also directed Adoke “to mandatorily compel” the affected government institutions and bodies to make the payment “without any further delay” to Bi-Courtney.

    “Justice Olotu also made “an order directing the defendant/respondent, being the Chief Law Officer and legal representative of the government, to set off from the above mentioned sum of N132, 540,580,304.00 on any claims agreed with the plaintiff/applicant to be due from the plaintiff/applicant to any agency of the Federal Government of Nigeria, including but not limited to the Asset Management Corporation of Nigeria (AMCON),” the court order stated.

    Babalakin said AMCON’s assertion that Bi-Courtney is indebted to it is yet to be confirmed by any court.

     

     

     

  • Firm seeks N2b damages from bank over alleged ‘unfair report’

    Firm seeks N2b damages from bank over alleged ‘unfair report’

    Abuilding and civil engineering firm,  Omais Investment Nigeria Limited has challenged acommercial bank,  Ecobank Nigeria Limited, at the Federal High Court, in Lagos for allegedly making unfair report about its accounts to the Central Bank of Nigeria (CBN)and listing it as having bad credit.

    Also sued together with the bank was the  CBN as second defendant.

    In a writ of summon, FHC/C/CS/382/15,  by its lawyer, Ehizogie Esezobor,  the plaintiff  made a four-point claim jointly  and severally against the defendants.

    It asked the court for an order directing the first defendant to pay  N2billion as damages for negligent mis-statements.

    The other reliefs being sought are: “an order of restorative injunction directing the first and second defendants to remove the plaintiff’s name from the CBN’s Credit Risk Management System (CRMS) database as a customer having a ‘non-performing loan’ and a declaration that the first defendant’s listing of the plaintiff’s accounts with the CBN’s CRMS database as a non-performing loan amounts to negligent mis-statements”.

    The plaintiff is also asking  for the cost of the action as may be assessed by the court.

    The plaintiff, in a  21-point statement of claim to support the writ of summon,  averred that it used to operate two accounts with the defunct Oceanic Bank International Bank Plc and that following a 100 per cent acquisition of Oceanic Bank by the first defendant in 2011, it became its customer, adding that being its bankers, the first defendant owed it a fiduciary duty ofcare.

    The plaintiff averred that it operated a corporate account and a Pearl account with the first defendant and that as at October 15, 2009, it had N637,958.69 standing credit in its Pearl account and N301,777.46 in its corporate account as at October 30, 2009; the time it stopped transacting and doing business on these accounts with the first defendants. It stated that between October, 2009 and October,  2014, it has had the cause to obtain and has obtained several facilities from various commercial banks to the tune of N5billion and had always repaid them as at when due, adding that its annual turn over was not less than N1billion.

    The plaintiff averred that it came to the company as a shock when in an attempt to obtain a loan from Diamond Bank Plc in January this year that it was revealed that the first defendant had listed the plaintiff as having bad credit at the CRMS of the second defendant to the tune of N6 million and was not informed about it since 2009 when it stopped transactions with the first defendant, by a letter of demand, notification by way of a statement of account or by any other medium whatsoever that it was indebted to the first defendant in any sum.

    The firm claimed to have written two letters to the first defendant dated January 20 and February 24, 2015 respectively,  demanding for a removal/retraction of the report, but that the first defendant, in spite of acknowledging the letters, did not respond until March 5, 2015.

    It claimed that the first defendant, in its reply “unequivocally and expressly admitted having made erroneous deductions in plaintiff’s accounts and despite these admissions refused to remove the plaintiffs name from the second defendant’s CRMS database as having a bad credit”.

    The plaintiff claimed to be involved in a suit number ID/1432/2011 against the defunct Oceanic Bank at the Lagos High Court since 2011 and had appeared at the Lagos State multi-door courthouse for about six occasions with the aim of resolving  all issues of indebtedness between parties, but that the first defendant did not in any manner raised the supposedly debt.                   The plaintiff averred that the acts of the first defendant by reporting that it had bad credit to CRMS have been done intentionally, unjustly and in bad faith as it claimed that the defendant did not in any manner whatsoever disclosed this debt despite having ample opportunity to do so.

    In its particulars of claim, the plaintiff stated that the first defendant breached the fiduciary duty of care owed it by virtue of CBN’s Prudential Guidelines for Licensed Banks and that representations made by listing its accounts as non-performing loan in the CRMS database were false, untrue, inaccurate and misleading.

    It claimed that it has become practically impossible for the plaintiff to obtain facilities from any other financial institutions in the country to carry on its businesses and consequent upon which it has grounded to a halt.   The plaintiff claimed to have suffered colossal losses and damages, seriously injured in its businesses as a result of its being listed in the database, insisting that the representation was done maliciously, without just cause or excuse and was allegedly calculated by the first defendant to cause pecuniary damage to its businesses.

    The plaintiff urged the court to grant all the reliefs sought in its statement of claim.

  • Tax appeal tribunal reaffirms commitment to speedy resolution of tax disputes

    Tax appeal tribunal reaffirms commitment to speedy resolution of tax disputes

    The Tax Appeal Tribunal ( TAT) South West Zone has reaffirmed its commitment to speedy resolution of Tax disputes within the zone. The Tax Appeal Tribunal (TAT) is a tax dispute resolution centre established by the Federal Government of Nigeria in 2010 as part of her reform of the Nigerian Tax System.

    TAT is established in accordance with section 59 (1) of the Federal Inland Revenue Service (FIRS) Establishment Act 2007 to adjudicate on all disputes arising from operations of the under various tax laws as stipulated in the First schedule to the Act, namely:

    1. Companies Income Tax Act (CITA);

    2. Petroleum Profit Tax (PPTA);

    3.          Personal Income Tax Act (PITA);

    4. Stamp Duties Act (SDA);

    5. Value Added Tax Act (VATA);

    6. Taxes and Levies (Approved list for collection) Act; and

    7. Other laws, regulations, proclamations, government notices or rules related to those Acts which are expressly spelt out in the fifth schedule to the FIRS Establishment Act.

    Specifically, the core or broad objectives for the establishment of TAT are:

    1. To adjudicate on all tax disputes arising from operations of the various Tax Laws as spelt out in the First Schedule to the FIRS (Establishment) Act, 2007.

    2. To be an important component of the tax system which offers the Appellant a step by step objection and appeal process and the opportunity to explore other alternative dispute resolution mechanism before gaining access to the court system.

    3. To reduce the incidence of tax evasion and ensure fairness and transparency of the tax system.

    4. To minimize the delays and bottlenecks in adjudication of tax matters as presently experienced.

    5. To improve the tax payers’ confidence in our tax system.

    6. To provide opportunity for expertise in tax dispute resolution and an avenue for effective involvement of parties.

    7. To focus on facts rather than legal technicalities and promote early and speedy determination of matters without compromising the principles of fairness and equity.

    The TAT is located in eight zones across the country namely: Lagos Zone, Abuja Zone, Southwest Zone (Ibadan), South-South Zone (Benin), Southeast Zone (Enugu), North-Central Zone (Jos), North-East Zone (Bauchi), and North-West Zone (Kaduna); with a Co-ordinating Secretariat to coordinate, render support services and facilitate the operations of the respective zones.

    In a media chat in Ibadan, , Secretary TAT   Southwest Zone,  Mr. Hillary T Onwe stated that this is in line with the mandate of the Tribunal.

    Mr. Onwe said: “In line with the strategic vision and culture that emphasizes professionalism, integrity, equity, efficiency, excellence and service, the Tax Appeal Tribunal has developed a robust case flow management procedure manual, the first by any judicial or quasi-judicial body in Nigeria.

    “The manual specifies compliance with the stipulated timelines for processing of filed matters, disposition of matters, performance measurement and reports presentation so as to positively impact on the performance of the Tribunals.

    The Tribunal anchors its case flow system on the legal maxim that “Justice delayed is justice denied” and similar rights which are meant to expedite the fair hearing process of the Tribunal.

    Mr. Onwe stated that one key performance indicator in the manual is the case cycle time which specifies that the timeline of an Appeal from filing to disposition shall not exceed 180 days or six months.

    He informed  members of the  public that the South-West Zone of the Tax Appeal Tribunal is located at No. 5, Ibrahim Taiwo Avenue, Off U/I Secretariat Road, New Bodija Estate, Ibadan, Oyo State. This Tribunal has jurisdiction over  tax disputes emanating from Five states in the South West Zone of the Federation, except Lagos State namely; Oyo, Ekiti, Ogun, Osun and Ondo States.

    According to him, the procedure for commencement of Tax Appeals at the Tribunal is simple and stripped of complexities. An aggrieved party – either the revenue authority or any tax payer (individual, group or organization) may file an appeal at any of the tribunals located in the geo-political zones where the case emanated.

    The appeal should be filed within a period of 30 days from the date on which the action, decision, assessment or demand notice was made or received.

    However, the Tribunal may entertain an appeal after the expiration of the stipulated period of 30 days upon satisfactory proof of the cause of such delay. The beauty of the process is that anybody can file an appeal and represent him/herself without engaging the services of a legal practitioner. The filing and sundry fees payable for Tax Appeals at the registry of the Tribunal are very pocket-friendly.

    The “Judges” of the Tribunal are called “Tax Appeal Commissioners” and are seasoned tax administrators and practitioners, legal practitioners versed in tax laws or Retired Judges. There are five members in the panel, in each zone, including the Chairman who shall be a Legal Practitioner of over 15 years post call, or a retired judge.

    He concluded that it is pertinent to state that the South West Zone of the tribunal has shown core competence for speedy resolution of tax disputes as well as amicable settlement of quite a number of tax appeals filed at the Tribunal in addition to the fact that celebrated and locus classicus cases have emerged from the Tribunal operations.

    Examples are cases like FIRS vs. Agbara Estate, FIRS vs. Colodense (Nig) Plc, Spectrum Books vs FIRS to mention but a few, which were commenced and successfully, sometimes amicably settled at the Tribunal.