The Nation Newspaper

Category: Law

  • Can NBC, APCON stop hate campaigns?

    IN the past, the ruling Peoples Democratic Party (PDP) had an easy ride to power. But  this may not be so in the forthcoming elections. PDP seems to have met its match in the All Progressives Congress (APC), which has proved to be a formidable opposition. The PDP had boasted that it would rule for 60 years.

    To gain the upper hand at the polls, both parties have been campaigning vigorously, using every medium at their disposal. The  electronic and print media are awash with all manners of advertorials. In some cases, the advertorials do not address issues. Rather, they attack personalities and promote hate.

    The National Broadcasting Commission (NBC), the Nigerian Press Council (NPC) and the Advertising Practitioners Council of Nigeria (APCON) are responsible for checking these abuses, but they have not lived up to expectations, leaving many to ask if they are still relevant. Some ask: Have they become toothless bulldogs? Will they wield the big stick after the hate messages the media carried had done the irreparable damage ?

    Last week, the APC Presidential Campaign Organisation (APCPCO) warned that the NBC and APCON, which regulate broadcasting and print advertising, are by default promoting violence and hate following their seeming inability to sanction erring radio and television stations, industry players and groups, that continuously breach extant laws and regulations governing activities of the agencies.

    A statement by APCPCO’s Director of Media and Publicity Malam Garba Shehu, said the NBC must match its words with action if it is not to be perceived as indirectly helping in promoting a culture of political violence.

    “The NBC has soon forgotten the role it played through its inaction against some television stations when they aired a dirty and false documentary on General Muhammadu Buhari, Presidential Candidate of the APC.

    “The specific code that these television stations have contravened is Section 3.1.2 of the NBC Code, which states that: “Materials/statements likely to incite or encourage the commission of a crime or lead to public disorder shall not be broadcast”.

    “This is a breach, which attracts severe penalty of suspension of license or outright withdrawal of the license of that station, but to the surprise of many industry observers and Nigerians, to date nothing has been done to the errant stations,” the APCPCO said.

    The organisation said NBC’s inaction calls into question the neutrality of many government regulatory bodies, especially in an election time where the incumbent President is a candidate.

    The media is guided by certain rules and regulations to ensure that its privileges are not abused at the expense of the audience, most of whom feed on what they hear, see or read.

    The regulatory agencies were created to ensure that materials that flout media laws and ethics, offend the sensibilities of the populace, create division, instigate violence or threaten national security do not reach the consumers. But to many observers, these media watchdogs have done little or nothing to curb the excesses.

    While Nigerians were not done in their condemnation of campaigns of calumny and mudslinging among candidates, the situation has taken a more frightening dimension.

    Sensing that public outcry has awaken most media houses to their ethical responsibilities in handling editorial materials and ensure that most hate messages are no longer replicated verbatim, politicians have decided to use real and pseudonyms in sponsoring advertorials and documentaries against their rivals.

    An example of such was the ‘wrap-around’ advertisements sponsored by Ekiti State governor, Ayo Fayose, suggesting that the APC Presidential Candidate, Gen. Muhammadu Buhari was sick and would die in office if elected.

    It had pictures of past Nigerian leaders, such as Gen. Murtala Muhammed, Gen, Sani Abacha, and Umaru Yar’Adua, who died in office,  as well as that of Buhari with a big question mark on it. The advertisement was published by The Punch and The Sun. To many Nigerians, it was  a ‘death wish’ as it contained statements such as: “Will you allow history to repeat itself? Enough of state burials.”

    The said advert was also accompanied by an excerpt from the book of Deuteronomy 30:19: “Nigerians be warned! Nigeria…I have set before thee life and death. Therefore, choose life that both thee and thy seed may live.”

    None of the media organisations has been publicly sanctioned or warned to serve as deterrent to others. Many are, therefore, worried that the media has not only lost its sense of judgment and neutrality, but its regulatory agencies have been enmeshed in politics that they no longer do their jobs.

    Some analysts say it will be difficult for the bodies to be effective so long as their heads and board members are appointed by the President. Besides, some of them are under the regulatory control of the Federal Ministry of Information.

     

    The regulators’ powers

     

    APCON is the body in charge of regulating and monitoring every advertisement and granting approvals through the Advertising Standards Panel (ASP) before a particular advertisement can be published in any media (print, electronic, outdoor).

    According to the APCON Act, all advertisements shall be legal, decent, honest, truthful, respectful and mindful of Nigeria’s culture. They should be prepared with a high sense of social responsibility and should avoid misinformation; conform to the principles of fair competition generally accepted in business, and of fair comments expected in free human communication.

    Although APCON’s website indicated that the agency insisted on pre-exposure clearance of all advertisements in order to check all forms of abuses such as misleading statements, spurious testimonials, visual and verbal exaggerations, misleading offers, suggestion or pictures offensive to public decency, it is doubtful whether the offending political adverts received prior approvals before publication.

    The NPC Act 85 of 1992, as amended in Act 60, 1999, is saddled with the responsibility of maintaining high professional standards for the Nigerian press and sanctioning of erring newspaper houses. It is empowered to look into complaints and serves as a buffer between the press and the public.

    Despite public outcries over the unethical nature of some newspaper content, the NPC has maintained curious silence on the issue, while some newspaper houses threw caution to the wind and published materials that violated media law and ethics.

    The NBC Act empowers it to regulate broadcasting in Nigeria. It is mandated by Section 2 subsection (1) of Act 38 of 1992 as amended by Act 55 of 1999 to regulate and control the broadcast industry; receive, consider and investigate complaints from individuals and organisations regarding the contents and/or conducts of a broadcast station as well as regulate ethical standards, determine and apply sanctions including revoking licences of defaulting stations, which do not operate in accordance with the broadcast code and in the public interest.

    A former Secretary of the Nigerian Bar Association (NBA), Ikeja Branch, Adesina Adegbite described the recent advertisements as “appalling and disturbing.”

    The National Broadcasting Commission (NBC), the Nigerian Press Council (NPC) and the Advertising Practitioners’ Council of Nigeria (APCON) are empowered to sanction erring media practitioners and organisations. But it appears they are finding it difficult to discharge their mandate. In the ongoing electioneering, there have been hate campaigns, which should have drawn the sanction of NBC and APCON, but the regulators looked the other way. What is a hate campaign? Media watchers cited an advertorial wishing a presidential candidate dead as hate campaign. Why can’t these regulators act? According to lawyers, it is because they lack the independence to enforce their enabling laws, writes PRECIOUS IGBONWELUNDU.

    “We have witnessed all sorts of campaign of calumny, direct abusive and insulting political adverts sponsored by politicians/elected political office holders, political candidates and even political parties in some cases.

    “The trend has been so consistent and provocative and it is to the glory of God that we have not witnessed any outbreak of violence as a result of some of these very crude adverts,” he said.

    To him, it is obvious that the regulatory bodies have have failed in discharging their duties and responsibilities as regards the monitoring and regulation of the media.

    “For instance, Section 2 subsection (1) d, f, g, h, l, m, n of Act No 38 of 1992 as amended by Act No 55. of 1999 which established the NBC provides amongst others the following as functions of the Commission: (d) regulating and controlling the broadcast industry; (f) receiving, considering and investigating complaints from individual and bodies corporate, regarding the contents of a broadcasting station and the conduct of a broadcasting station; (g) upholding the principles of equity and fairness in broadcasting;

    “(h) Establishing and disseminating a national broadcasting code and setting standards with regards to the contents and quality of materials; (l) Regulating ethical standards and technical excellence in public, private and commercial broadcast stations in Nigeria; (m) Monitoring broadcasting for harmful emission, interference and illegal broadcasting; and (n) Determining and applying sanctions, including revocation of licences of defaulting stations, which do not operate in accordance with the broadcast Code and in the public interest.

    “Similarly, NPC was established by CAP N128 to promote high professional standards for the Nigeria Press. Its core vision is to create a culture of Ethical Press in Nigeria.

    “I will not dwell on the role of APCON because it is a body meant to regulate the activities of advertising practitioners.

    “From the provisions of the Law, which established both NBC and NPC, it is crystal clear that they have failed in maintaining and or enforcing ethical standards amongst the media houses that have flagrantly violated their ethical code of the press,” Adegbite said.

    According to him, the regulatory bodies have chosen to turn a blind eye because they cannot bite the finger that feeds them.

    “They are certainly not toothless, what has happened is that they choose to turn a blind eye to the unethical trends going on in the press. The NBC has in the past sanctioned media houses even for filmsy reasons.

    “AIT, which is accused of being the number one violator of the ethical code of the press, has fallen victim of such sanctions in the past.

    “One now wonders why the NBC has chosen to shirk its responsibility this time around. Such non-performance or inaction on the part of the NBC can only lead to one conclusion, which is, the Commission is compromised.

    “Compromise by an institution like NBC can easily be traced to government interference. Until we have regulatory agencies, which are headed by incorruptible professionals, we may not see the end of institutional compromises as we are witnessing today.”

     

    Lawyers’ react

     

    Some lawyers believe that regulatory agencies have been compromised with their independence and effectiveness hampered.

    Chief Bolaji Ayorinde (SAN) attributed the situation to weak institutions.

    “There is no proper regulation and monitoring. The current campaigns have made it very obvious that the agencies have been sleeping. It is a serious issue that must be discussed after the elections so that better regulation can be put in place,” he said.

    To Chief Felix Fagbohungbe (SAN), the problem simply represents a manifestation of corruption, where the media would advertise offensive messages for money.

    “The agencies have compromised and so they can no longer uphold professional ethics. They are not living up to the regulations because members have political affiliations. Even media houses that are supposed to have high sense of judgment and remain apolitical have all taken sides.

    “I think it is time for the public to challenge them in court. If more aggrieved people drag the media houses to court, then the worthiness of the regulators would be seriously questioned. Since the regulatory bodies have gone to sleep or are being influenced not to do their jobs, media houses have taken to partisanship.

    “Also, the appointment and removal of Directors-General of these agencies should be reviewed and the power stripped off the executive arm of government. Let the legislature be vested with the power because they can do their jobs without fear or favour,” he said.

    Prof Gabriel Olawoye (SAN) said the agencies’ ineffectiveness is a reflection of the general rot in the country.

    “We really have to pray to God for something to be done to this rot that is everywhere in this country, from top to bottom. I feel irritated when people refer only to particular politicians because the problem is with the citizenry.

    “Few people, who have tried to change the situation, have been maligned and their characters badly assassinated. They have been given very bad names. You will even be surprised by those trying to defend people enmeshed in the rot. Journalists need to be more critical and analytical because they are part of the problem,” he said.

    Mr Norisson Quakers (SAN) said it was time for the nation to start appointing individuals with strong will and integrity to head various institutions so that issues of compromise would no longer surface.

    He also agreed that power to appoint or remove the head of the regulatory agencies be stripped from the executive and vested on an independent body.

    “Media houses have been politicised. They have become political tools either as a result of their ownership or patronage and so, the likelihood of being neutral and apolitical as they ought to have been eroded.

    “How can the regulatory agencies be said to be apolitical when the government has some sort of control, when the Minister of Information, being a member of a political party, exercises some level of control? How can you guarantee impartiality when members of the boards and councils are affiliated with the government of the day?

    “If those agencies have been living up to their responsibilities, some media houses both independent and government owned, would have by now been sanctioned. It is not about the laws because the laws are there. I think the problem we are having is that we are not politically matured.

    “We have to keep trying until we achieve a level where institutions are independent and seen to be so. We need individuals with high integrity, who will insist on following the laws to the letters when appointed into office not boot lickers, who will do anything to keep their jobs.

    “The laws are there, but what is lacking is people with integrity, who are principled and would rather resign the appointment than bend the rules. There is need to change the way and manners heads of regulatory institutions are appointed.

    “We need to take that power away from the executive and hand it over to an independent body that should be created for that purpose.

    “Also political appointees should be above board and be able to stand their ground irrespective of who appointed them since they have sworn to oaths of office. The level of lawlessness and rascality in this country are worrisome and sickening.”

    Lagos lawyer, Abayomi Omoyinmi, said the regulatory bodies have not only shown themselves to be toothless, but have heavily compromised in the way they have conspired to promote hate messages and print malicious information.

    “They have thrown all the ethics and code of their good practice to the winds for monetary gains and nobody seems to be welding the big stick at the erring media outlets.

    “All sorts of false information with defamatory connotations are flying about all in the name of either making money or the stake and interest of the respective owners of some of these media outlets in the government.

    “Some of the owners of the media outlets with government patronage have erred, believing that they can always get away with it,” he said.

    On the way out, he urged the courts to punish offending media organisations with heavy damages where cases of defamation are proven.

    He also said the National Assembly should pass laws to strengthen these institutions and make them more independent, and apply more severe sanctions on erring media organisations.

    Not checking these hate messages, he said, could further heat up the polity and “could affect the peace and stability of the nation during this electioneering period”.

  • PVC: Lawyers sue INEC over data loss

    PVC: Lawyers sue INEC over data loss

    Three lawyers have sued the Independent National Electoral Commission (INEC) at the Federal High Court in Lagos over their inability to obtain their permanent voter cards (PVCs).

    The plaintiffs said they were informed that their data allegedly wiped off after they were duly registered and therefore there was no PVCs for them.

    According to them, said despite the fact that INEC shifted the PVC collection date to March 8, they have no hope of collecting theirs because their data were wiped off INEC’s database.

    The lawyers – Chijioke Emeka, Kalu Uduma and Emeka Odikpo – are seeking a declaration their civil and legal rights would be breached if INEC does not issue them their PVCs or provide them an alternative means of exercising their franchise.

    They also want the court to hold that should they be excluded from the March 28 and April 11 elections due to no fault of theirs, they are entitled to legal damages.

    The plaintiffs are praying for an order directing INEC to issue them their PVCs or make other alternative arrangements to enable them vote.

    According to them, their rights will be breached as a result of INEC’s “negligence or mismanagement of its data-base or any other internal hitches” which resulted in the loss of data in the units in which they registered.

    They plaintiffs said they have been to their registration units severally only to be informed there was no PVC for them due to the data loss.Among others, they are seeking a declaration that “based on the maxim ‘ubi jus ibi remedium’, the said breach of the plaintiffs’ civil and legal rights by exclusion from voting in the scheduled elections…is a civil/legal wrong which is damnable in general damages.”

    Justice Ibrahim Buba granted the plaintiffs leave to serve the originating summons on INEC in Abuja. He also abridged to eight days the time within which the defendant may enter appearance in the suit.

    The judge further ordered accelerated hearing of the suit in view of its urgency, and directed parties to file written addresses.

    The judge adjourned till March 16 for hearing.

     

  • Lagos immortalises first woman CJ

    Lagos immortalises first woman CJ

    Lagos State has inaugurated a new courthouse in Ikeja, which it named after its first woman Chief Judge, the late Justice Rosaline Omotoso. ADEBISI ONANUGA reports.

    Lagos State Governor Babatunde Fashola (SAN)  has inaugurated a new court house in Ikeja. It is located in the highbrow GRA, adjacent the High Court headquarters.

    It is named after  the first female to occupy the office of the Chief Judge, the late Justice Rosaline Ajoke Omotoso who served from April 12, 1995  to February 27, 1996, when she retired.

    Justice Omotoso, a legal icon, was also the first female Chief Judge in Nigeria and West Africa.  She joined the High Court of Lagos State on March 6, 1978.

    She cut her legal teeth in the Federal Ministry of Justice as a Pupil Crown Counsel  on September 16, 1961 and rose to become state counsel in June 23, 1963; Senior legal Assistant,  May 25, 1965: State Counsel Grade 1, September 1, 1966; acting Deputy Administrator-General, July 27, 1968; acting Registrar of commercial Legislation, October 15, 1968 and was appointed Director of Commercial Law April 1, 1976. Prior to that, she worked as a clerk in the Health Department, Lagos between 1949 and 1953 and for a few months at Burke and Impey before her appointment at the Federal Ministry of Justice.

    She was a product of the prestigious Gray’s Inn, London between 1957 and 1959 and passed her final bar examination in Second Class. She was called to the English Bar in February 7, 1961 and enrolled at the Supreme Court of Nigeria in June 15, 1961. She died July 1, 1999.

    The new court  complex features six fully air conditioned courtrooms for judges and magistrates, with Chambers and Secretary’s office attached to each, a reception and waiting area, all sizable and well furnished to a high standard. It also has robing room and library for lawyers, registries, a total of six toilets and four shower rooms, a water treatment plant, furnished staff canteen, separate holding cells for male and female accused persons awaiting trial, two gate houses, a generator room, CCTV  facilities for round the clock security and parking spaces for litigants and judges respectively.

    Governor Fashola in his remarks at the opening of the new court house was a reiteration of the administration’s commitment to law and order which was the minimum requirement of any civilised society.  He said it also marked  the commitment of his administration to the protection of the rule of law,  of lives and an orderly society adding, “there can be no development in any society where law and order have broken down”.

    This, according to him, was why the government inaugurated similar court houses in Epe, Ikorodu and Lagos Island while those at Igando, Ajegunle and Badagry will soon be completed.

    Fashola said he had never done anything to undermine the independence of the judiciary, adding that if there are issues between the two arms of government, it should be resolved through dialogue.

    He said that the issues between both arms of government could be resolved through dialogue.

    Fashola said the nationwide strike by the workers was  dangerous to the stability of the country and capable of sending  wrong signal to international community.

    He, however, admitted the independence of the different arms of government as guaranteed under the constitution.

    He remarked that the different arms are also interdependent of each other.

    He cited that the constitution empowered the governor to appoint and swear in the Chief Judge while the Chief Judge on the other hand is the only person to swear in the governor. He also noted that the legislators cannot function until the governor declared open their sessions.

    The governor used the opportunity of the opening of the new court house to express his views on the recent strike of the Judiciary Staff Union of Nigeria(JUSUN) embarked upon to enforce a judgment of a federal high court delivered by Justice Ademola Adeniyi on the financial independence of the judiciary.

    He said the JUSUN did not explore all possible avenues before shutting down the nation’s justice system in their quest for financial autonomy for the judiciary.

    According to him, embarking on strike to enforce a court judgment was not proper because those constitutionally saddled with such responsibilities are the court’s bailiffs.

    The Chief Judge,  Justice Olufunmilayo Atilade,  in her address at the inauguration of the complex, reiterated her commitment to effective justice delivery in the state emphasising, “more than ever, the state judiciary under the present dispensation is poised to render quality service, consistent with international best practice”.

    She said efforts would be intensified to ensure that judicial officers and magistrates are adequately exposed to modern trends, technology and techniques in judicial practice through enhanced and effective human capacity building straties. “Further to this , would be our resolve to ensure the comfort of judges, magistrates and support staff in and out of their work environment. This is most essential, more so, as a high level productivity is largely a function of a sound mind and healthy body. Our goal to significantly decongest the prisons and cases pending in our courts, would also be vigorously pursued and accorded their due priority”, she promised.    Justice Atilade remarked that the new court complex would boost efforts at ensuring quick dispensation of cases as it would enhance the capacity of the Ikeja judicial Division and Magisterial District.

    “Tastefully furnished and equipped with relevant facilities to create a condusive work environment and commodious office space for judges, magistrates, support staff, counsel and indeed litigants,” she noted.

    ”Not only are we pleased and proud of this landmark achievement, but do also commend the vision, focus and foresight of this purpose driven administration, ably led by his Excellency, under whose watch the Lagos State Judiciary has witnessed tremendous progress. Indeed, the successful completion and commissioning of this beautiful edifice is heartwarming and most appreciated”,  she stated.

    In a welcome address, the state Attorney General, Ade Ipaye explained that the  idea of the courthouse was conceived in 2008 as part of Governor Fashola’s Law and Order programme, stressing that it is a well known fact that  matters of law and order enjoy priority attention in Lagos State.  Ipaye pointed out that as the state population soars, the need for judges and magistrates continue to rise.      He said therefore that the  new court house would provide the state with a unique opportunity to accommodate more judges and magistrates in Ikeja judicial division “ with very conducive facilities and amenities which will no doubt enhance justice delivery as well as the welfare of judges and magistrates. It also affords legal practitioners and litigants the best of facilities in which to do business and to resolve case.

    “But we have seen that the dispersal of magistrate courts in the same area is not so efficient and conducive for management. By bringing as many as possible under the same roof, we can ensure access to common facilities like power, security, library, conference rooms, holding cells, etc. We are also better able to ensure that those facilities are well maintained. “We hope therefore that this courthouse will do for Ikeja what the JIC Taylor courthouse is already doing for Lagos – offering a most conducive hub for the resolution of disputes and maintenance of law and order”, he added.

     

  • Olanipekun, others hail book on lawyers

    A book For the love of their
    Nation     – Lawyers as agents of  change in Nigeria, written by a journalist,  Mustapha Ogunsakin, will be presented in Lagos on March 13.

    It features  a rare collection of interviews with prominent judges such as the late Justices Kayode Eso, and Chukwudifu Oputa; and retired Justices of the Supreme Court such as Justice Odemwingie Uwaifo, and Justice Adesola Oguntade.

    Other jurists such as Judge Bola Ajibola (SAN), Justice YahyaJinadu, Justice NkemIzuako, and Justice Samuel Ilori were also featured, among others.

    The book also profiles some eminent Nigerian lawyers and their contributions to national development, whose activities the reporter published in the course of covering the administration of justice system in Nigeria for 22 years.

    Eminent Nigerians including Nigerian Bar Association (NBA) president Chief Wole Olanipekun (SAN) have hailed the book.

    The Attorneys-General profiled in the book include the incumbent Mr. Mohammed Bello Adoke (SAN), Former Attorney-General of the Federation, Chief Bayo Ojo (SAN), former Attorney General of Lagos State, Prof. Yemi Osinbajo (SAN), the incumbent, Mr. Ade Ipaye, former Attorney General of Bayelsa State, Chief Anthony George- koli (SAN), the Attorneys-General of Kano State, Mr.  Malik Umar, Niger State, MrAbdullahiBawa, and Delta State, Mr Charles Ajuyah (SAN), among others.

     

  • Supreme Court strikes out APGA’s factional leader’s application against INEC

    Supreme Court strikes out APGA’s factional leader’s application against INEC

    The Supreme Court has struck out  an application by a factional  leader of the All Progressives Grand Alliance (APGA), Maxi Okwu, seeking to compel the Independent National Electoral Commission (INEC) to recognise the list of candidates produced by his faction of the party.

    The apex court, in a ruling by Justice Sulaiman Galadina last Thursday, struck out Okwu’s application shortly after his lawyer, D. S. Pwul (SAN) withdrew it. The court proceeded to grant his prayer for an order of accelerated hearing of the substantive appeal and adjourned for March 24.

    Okwu had prayed the court for an order directing INEC (named as the 6th respondents in the mail appeal) to accept the list of candidates he submitted as the party’s candidates for the next general elections.

    He had argued that he had submitted a list of candidates to INEC after his faction held its primaries, but that the Commission has refused to act on them. He contended that INEC, under the law, lacked the power to reject any person nominated by a political party as candidate.

    Okwu argued that since the substantive appeal deals with the determination of who the actual leaders of the party were, it was wrong for INEC to deal with a faction and close its doors against the other.

    Okwu’s lawyer however withdrew the application when it was opposed by lawyers to the respondents, who argued that the prayer was alien to the issues before the court for determination.

    Umeh and Shinkafi had argued that the relief sought Okwu  was alien to the substantive suit at the trial court, the appeal decided by the Court of Appeal and  the appeal pending before the apex court.

    “Pursuant to the judgment of the Court of Appeal delivered on the 18th of June,2014, the 1st and 2nd respondents (Umeh and Shinkafi) are the authentic National Officers of the APGA. Contrary to the false averments, the appellants did not conduct any primaries for the nomination of APGA candidates for the 2015 general elections” he added.

    They said APGA candidates for the 2015 general elections have all been duly nominated and  there is no dispute before the court arising from the nomination of APGA candidates for the 2015 general elections.

    “As at the 2nd of February, 2015 when the instant application was filed, the processes for the nomination by political parties have been concluded pursuant to the INEC time table and schedule of activities for general elections 2015 aforementioned” he added.

    Okwu and Dickson Ogu are claiming to be the actual National Chairman and National Secretary of the party as against Victor Umeh and Alhaji Sani Shinkafi, who were pronounced the National Chairman and National Secretary of the party in a June 18, 2014 Court of Appeal judgment, a decision Okwu and Ogu are now challenging at the Supreme Court.

    Okwu and Ogu are, by their current appeal at the Supreme Court, challenging the judgment of the Court of Appeal, Abuja delivered on June 18, 2014 which affirmed Umeh as the National Chairman of APGA and Shinkafi as the National Secretary of the party.

    The appellants want the Supreme Court to set aside the decision of the Court of Appeal, Abuja allow their appeal and declare them the authentic national officers of the party..

     

     

  • ‘Regulatory compliance needs enforcement’

    ‘Regulatory compliance needs enforcement’

    A Lagos-based lawyer, Mr Msoo Dio, has called for better enforcement of regulatory requirements in the consumer goods sector to improve compliance.

    He said despite the government’s efforts at enforcement, issues of non-compliance persist.

    “The government is trying in the area of regulation. Unfortunately, there are issues of non-compliance. People still bypass these regulations,” he said.

    Dio spoke in Lagos after his firm, Msoo Dio & Co, announced its partnership with CISF Private Solutions Ltd, Lisbon, Portugal, at a meeting with the company’s Chief Operating Officer (COO) Samuel Piers, who represented its Chief Executive Officer, Estevao Bernadino Auguusto.

    The commercial law firm, which also practices in the area of sale and carriage of goods, will provide legal services to the Portuguese exporting company which is seeking to enter the Nigerian market.

    It will, among others, advise CISF on regulatory requirements for its range of wine and olive oil imports and distribution.

    “Our role will be to oversee the regulatory issues involving the products, services and goods that will be exported by CISF into Nigeria. Our role will extend to promoting those products and services to the needed buyers and consumers. We’ll oversee issues of advertisement, trademark, and the competition.

    “As their agents, we’ll will get the buyers and advise the company on service providers. The company’s CEO is an actively practicing lawyer too. Our knowledge of business brought us together. The main issues that drive some of these businesses are within the core areas of commercial law, such as trademarks and regulatory compliance. This is just a very minute offshoot of commercial law practice.

    “I and my firm will deliver quality service aimed at ensuring that quality goods and services enter into the economy.

    “The economy will be strengthened and that will make us happier. We are going to ensure the company complies with regulatory requirements,” he said.

    Dio hopes the partnership would boost the business relationship between Nigeria and Portugal.

    “Portugal was the first European country to land on the African soil. As early as the 14th century, the Oba of Benin had an ambassador in Portugal. By then the country was trading on the coast of West Africa and they were the last people to leave. I think they can still rekindle the old ties as they enter the Nigerian market,” Dio said.

    Piers said CISF exports to countries such as Brazil and Angola and is also into construction.

    “CISF believes that Nigeria is the biggest market in Africa. It’s a very traditional company in the transportation of merchandise and export going back t 1942 when it was founded by the current CEO’s grandfather.

    “The partnership will grow the wine market and introduce Portuguese wines which are not already present in Nigeria. Nigerians will get to taste a different kind of wine. With this partnership with Mr Dio, I am sure we can trust Nigeria’s legal systems and regulations.

    “We are ready to go through the processes – trademark and NAFDAC registrations, as well as incorporation. CISF is a very versatile company, so if the opportunity arises in the engineering and construction sector, we’ll participate,” he said.

    Also at the meeting held at the Southern Sun Hotel, Ikoyi, were Mr Tony Odiadi and wife Jacqueline, who are consultants to the transaction.

     

  • Buruku: Why Supreme court ordered fresh election

    Buruku: Why Supreme court ordered fresh election

    This ruling is on a motion on Notice brought by the 1st Respondent/Applicant praying the Court for the following orders:

    “AN ORDER of this Honourable Court to amend, correct and/or set aside the consequential order made by this Honourable Court in its judgment of 30th May, 2014 pursuant to the provisions of Section 141 of the Electoral Act 2010 (as amended) to wit: that the 1st Respondent/Applicant stand for a fresh election with other candidates for the Buruku Federal Constituency of Benue State.

    AN ORDER directing that the 1st Respondent/Applicant be immediately issued with the certificate of Return by the 2nd Respondent and sworn in as a member of the House of Representatives.

    AN FOR SUCH FURTHER ORDER OR ORDERS as this Honourable court may deem fit to make in the circumstances.”

    In support of this application was a 15 paragraph affidavit. Annexed to the affidavit were two exhibits. Exhibit 1 was the judgment of the Supreme Court containing the consequential order sought to be amended or set aside while Exhibit 2 was the judgment of the Federal High Court which nullified Section 141 of the Electoral Act 2010 (as amended). The 1st Respondent/Applicant filed his written address which was adopted and relied upon at the hearing of this motion. The Respondents did not oppose the application. In the written address of the Applicant, the Learned Silk, Yusuf Ali, SAN, who represents the Applicant, formulated one issue for consideration. It states:-

    “Whether in view of the facts and circumstances of this application and given the provisions of Section 22 of the Supreme Court Act and Order 8 Rule 16 of the Supreme Court Rules 1999 (as amended), the reliefs in the application ought not be granted?”

    In his argument, the Learned Silk submitted that a combined reading of Section 22 of the Supreme Court Act and Order 8 Rule 16 of the Supreme Court Rules 1999 (as amended) empowers the Supreme Court in certain circumstances to review its judgments, notwithstanding the finality of its judgments. Also, that by virtue of Section 6 (6) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), there is an inherent power in the Supreme Court to grant the prayers of the Applicant.

    On the grounds upon which the Supreme Court may review its judgment the Learned Silk cited the following cases:

    Alao v. ACB Ltd (2000) 9 NWLR (Pt.672) 264, Ede v. Mba (2011) 18 NWLR (Pt.1276) 236, Ojiako v. Ogueze (1962) 1 All NLR 58, and Igwe v Kalu (2002) 14 NWLR (Pt.787) 435 at 453.

    Learned Silk submitted further that the basis of the refusal of the Supreme Court in declaring the Applicant as the winner of the said election was exclusively on the provision of Section 141 of the Electoral Act 2010 (as amended) whereas the Federal High Court in Suit No: FHC/ABJ/CSI/2011 between the Labour Party Vs Hon. Attorney General of the Federation (Exhibit 2) delivered on 21st July, 2011 had annulled the said provision. According to him, Section 141 of the Electoral Act (supra) has been completely wiped out of the Electoral Act by the said judgment of the Federal High Court. He opined that the Supreme Court in its judgment in Exhibit 1 was obviously oblivious of the fact of the nullification and obliteration of the provision of Section 141 of the Electoral Act upon which the consequential relief ordering a fresh election was hinged. It was his further submission that given this factual situation, and in view of the fact that Courts exist for justice, the Supreme Court was urged upon to correct the error varying the consequential order for fresh election with an order swearing in the Applicant herein as the member representing Buruku Federal Constituency of Benue State. He cited the cases of Amaechi V INEC (2008) All FWLR (Pt.407) 1, Odedo v. INEC (2009) All FWLR (Pt 449) 844 and Inakoju v. Adeleke (2007) All FWLR (Pt.353) 3 at 203. Relying on Amaechi V INEC (supra) and other cases decided by the Court on the issue, he urged the Court not to deviate from its previous decision on the matter. He urged the Court to grant this application.

    In considering the application, the Court stated clearly from the outset that by virtue of Section 235 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Supreme Court cannot sit on appeal over its own judgment, noting that the provision gives a stamp of finality to any decision of the Supreme Court. The Court further stated that there is no constitutional provision for the review of the judgment of the Supreme Court by itself or any other body. And that is without prejudice to the powers of the President or of the Governor of a state with respect to prerogative of mercy. See Eleazor Obioha V Innocent Ibero & Anor (1994) 1 NWLR (Pt 322) 503. The Court stated its position in several decided cases that the Supreme Court possesses inherent power to set aside its judgment in appropriate or deserving cases but that such inherent jurisdiction cannot be converted into an appellate jurisdiction as though the matter before it is another appeal, intended to afford the losing litigants yet another opportunity to re-state or re-argue their appeal.

    The Court cited the case of Chief Kalu Igwe & 2 Ors V Chief Onwuka Kalu and 3 Ors (2002) 14 NWLR (Pt.787) 435 at 453 paragraphs F – H and page 454 paragraphs A – C, where the Supreme Court, per Ogwuegbu, JSC held as follows:-

    “I shall state that this Court possess inherent power to set aside its judgment in appropriate cases. Such cases are as follows:-

    (i) When the judgment is obtained by fraud or deceit either in the court or of one or more of the parties such a judgment can be impeached or set aside by means of an action which may be brought without leave. See Alaka V Adekunle (1959) 6 Ch. D 297, Olufunmise V Falana (1990) 3 NWLR (Pt.136) 1.

    (ii) When the judgment is a nullity. A person affected by an order of court which can properly be described as a nullity is entitled ex debito justitiae to have it set aside. See Skenconsult Ltd. V Ukey (1981) 1 SC 6, Craig V Kansen (1943) KB 256 and 263, Ojiako & ors V Ogueze & Ors (1962) 1 NCNLR 112, (1962) 1 All NLR 58, Okafor & Ors v. Anambra State & ors (1991) 6 NWLR (Pt.200) 659 at 680.

    (iii) When it is obvious that the court was misled into giving judgment under a mistaken belief that the parties consented to it. See Agunbiade V Oku-Noga & Co (1961) All NLR 110 and Obimonure v. Erinosho (2000) 2 NWLR (Pt.643) 14.”

    The Court affirmed that the Supreme Court made a decision in appeal No. SC.164/2012 decided on 30th May, 2014. In that judgment, the Court made three consequential orders, one of which was that the 2nd Respondent i.e INEC should conduct fresh election into the vacant seat of Buruku Federal Constituency of Benue State in the House of Representatives within three months (90 days) with the first Respondent/Applicant as the candidate of All Progressives Congress. The Court noted that the basis for that consequential order was Section 141 of the Electoral Act 2010 (as amended) which states:-

    “An election tribunal or court shall not under any circumstances declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.”

    The Court in interpreting the above section stated that it is quite clear that the said section refers to some Courts for which the Supreme Court is not part of citing Section 133 (2) of the Electoral Act 2010 (as amended) which define “tribunal or court” in Section 141 which states:

    “(2) In this part, “tribunal or court” means:

    (a) in the case of Presidential election, the Court of Appeal and

    (b) in the case of any other elections under this Act the election tribunal established under the constitution or by this Act.”

    Thus, the Court held that the Supreme Court not being one of the Courts mentioned in Section 133 (2) of the Electoral Act is not one of the Courts to which Section 141 regulates. The Court further held that this is much more so since the issue for consideration was not an election petition appeal but a pre-election matter stating that in appropriate cases, the Supreme Court has exercised its Power to order successful litigants to be sworn in immediately without the rigour of having to go through another election and the Applicant herein should not be an exception. See Amaechi v. INEC (2008) All FWLR (Pt.407) 1 Orhena Adugu Gbileve & Anor V Mrs. Ngunan Addingi & Anor Appeal No. SC. 193/2012 delivered on 31st January, 2014, Jenkins Giane Divine Gwende v. INEC & 3 Ors, Appeal No. SC.255/2013 delivered on 24th October, 2014.

    The Court held that clearly, the definition of “tribunal or court” does not include the Supreme Court or the Federal High Court hearing and determining pre – election matters. The Court held that it is trite law and an unassailable legal principle that the express and unambiguous mention of one thing in a statutory provision, automatically excludes any other which otherwise would have applied by implication with regard to the same subject matter. This the Court stated is usually captured in the Latin maxim which states “Expressio unis est exclusio alterus.”

    See Ogbuniyinya v. Okudo (1979) 6 – 9 SC 92, PDP V INEC (1999) 11 NWLR (Pt.626) 200, Buhari V Yusuf (2003) 14 NWLR (Pt.841) 446.

    On the whole, in its well considered opinion the Court held that the application is meritorious and was thereby granted as prayed. Accordingly, the consequential order No 2 made in the judgment of the Supreme Court in appeal No SC.164/2012 delivered on 30th May, 2014 which ordered the Independent National Electoral Commission (INEC) to conduct fresh election into the vacant seat of Buruku Federal Constituency of Benue state in the House of Representatives was set aside.

     

    LawPavilion Citation: (2015) LPELR-24420 (SC)

    Compiled by:  LawPavilion

     

  • Julius Berger to pay woman damages

    After eight years of litigation,the Court of Appeal sitting in Owerri has awarded N603, 180, 560 and 151, 000 Rupees against Julius Berger Nigeria Plc as general and special damages in an appeal and cross appeal instituted by the company against a woman, Philomena Ugo, for medical treatment.

    The award, according to the Presiding Justice Raphael Chikwe Agbo, is in addition to the initial N28, 516, 680 and 108,000 Lakh that had earlier been awarded by a High Court sitting in Owerri as special damages for Mrs. Ugo’s treatment in Nigeria and part of her overseas treatment.

    The case with number CA/OW/146/2010 was filed by a Lagos-based lawyer, Emeka Ozoani, on behalf of the accident victim Ugo.

    Ozoani prayed the court for a declaration that a Julius Berger driver, Godwin Obado’s negligence in driving of a company truck with Registration number XA 493 BWR and fleet number B4690 on December 8, 2006 which colluded his client, Philomena Ugo’s car was unlawful, malicious, reckless and negligent.

    He had also asked for a declaration of the court that Julius Berger is vicariously liable for the reckless, malicious and negligent driving of their truck by Godwin Obado.

    The case started at the Magistrate Court in Onuimo, Imo state, where Godwin Obado was charged and convicted on Wednesday, the  May 21, 2008 on a two count charge of driving without a driver’s license and negligent driving in charge No MCO/64C/2007,

    During the trial, Julius Berger commenced a third party proceeding against their insurer, Equity Assurance Plc which they discontinued abruptly without giving reasons.

    The case later proceeded to the High court in Owerri and it was resolved in favour of Philomena Ugo, Ozoani’s client.

    But dissatisfied with the judgment of the high court and the cost awarded against it, Julius Berger appealed against the lower courts judgment.

    Julius Berger hinged its appeal on the ground that the trial judge misdirected itself in law by wrongly evaluating the evidence before it, by holding that the accident was caused by Julius Berger’s driver, in failing to uphold the defendant’s distinctive evidence  and by awarding money based on receipts bearing Hilltop clinic and relying on evidence of a Dr. Amachi Uchenna Kachi.

    On the other hand, Ozoani , the counsel to Philomena Ugo, predicated his arguments on four points viz evidence of the police witness, sketch map of the accident scene tagged Exhibit ‘A’, state of the pleadings and findings of thetrial court on negligence of Godwin Obado.

    He also filed a cross appeal claiming that the judge erred in law when she failed to make finding on validity or otherwise of Godwin Obado’s driving license and also make award on some exhibits and exemplary damages.

    At the end of the arguments, the Appellate Court Judges that heard the case including Justice Peter Olabisi Ige, Justice Frederick O.Oho and the presiding Judge, Justice Agbo unanimously ruled that some part of Ozoani’s cross appeal succeeds.

    “It seems to have been established by judicial authority that in personal injury cases, two main factors have to be taken into consideration in assessing damages in cases of liability. The Justice of the Appealed Court listed the factors to include financial loss resulting from the injury and the personal injury involving not only pain and suffering but also the loss of pleasures of lif.

    “That precisely is what this court has done in the determination of this case and as a result of which, we have arrived at the following conclusions as it affects the cross appeal. The cross appeal succeeds in part.”

    The court further ordered that N500, 000 be paid as general damages for pain, suffering and loss of expectations, N94, 375, 020 be paid as general damages for ongoing medical treatment, N5,727, 540 for item of special damages for drug purchase, N1, 808,000 and N1,200,000 for expenses incurred on nursing and cab as well as 151, 000 Rupees for purchase of walking aids and other aids in addition to N28, 516, 680 earlier awarded by the lower courts  Local Government elections in Nigeria have always come with its own crisis. This write- up by Lagos lawyer, Akinpelu Ayokunle Oluwatobi is a critique of the current impositions of local government chairmen in Nigeria.

     

  • The next feud within the Ebeano family

    All appears now quiet within the reigning Ebeano political dynasty that has had Enugu state as its exclusive fiefdom, since 1999. Indeed, the installation committee of Hon. Ifeanyi Ugwuanyi, as the next executive governor of Enugu state, could as well print their program of events, after the recent Federal High Court judgment that confirmed the man popularly referred to as Gburugburu, the authentic candidate of the Peoples Democratic Party, for the forthcoming gubernatorial election. They will likely go ahead with their plans, even if Senator Ayogu Ezedecides to appeal the High Court’s judgment, over the last party primary.

    But there will be a major crisis for the group and the people of Enugu state,when it is time for the reigning godfather, Governor Sullivan Chime to fall on his sword, in the tradition of the family. That will happen after he successfully delivers the incomingstate governor and the next godfather of Ebeano family, to the throne.Luckily for the state and the emerging godfather, Hon. Ugwuanyi, his benefactor, Governor Chime, will be partially disabled, considering that his planned relocation to the Senate was disarticulated by the Ekweremadu cyclone, that many including me, did not fully foresee.

    While I may join other busybodies, to take credit for the early warning that may have helped Senator Ekweremadu, to initiate the early wind that turned into a cyclone; that intervention by the deputy senate president, may also lead to an early and wilful retirement of His Excellency, Governor Chime, from his other throne, as the godfather of Ebeano family. As I have argued on this page, each time I write on Enugu state, Governor Chime without doubt, has had a glorious reign, presiding over Enugu state. His several legacy projects, of which the new ultra-modern state secretariat,is the star project, attests to that.

    My major concern however remain thefamily’s practice of monarchical democracy, if that oxymoron, can be permitted. So, even as itmay be easier for the next godfather to decapitate what is left of the reigning godfather, because of his diminished stature, arising from the initial shellacking by the Ekweremadu hurricane; the state may be going into the next dispensation with a dual SIM card –in this instance, two godfathers.This may be so, as Ekweremadu will likely stake a claim, to be the godfather to Gburugburu, instead of the state Governor, who traditionally owns that title and position, after committing the traditional regicide.

    In making that claim, Ekweremadu would have his sympathisers. This is because, but for Ekweremadu’s acceptance of the reconciliation pact, between him and Governor Chime, which paved way for a harmonised party primary delegates, Gburugburu may not have emerged easily as the bonafide candidate of the PDP. So, while Hon. Ugwuanyi no doubt was the original candidate of the governor, his eventual emergence, owes many gratitude to the Ekweremadu’s camp too. Now with Ekweremadu legitimately laying claim to having helped Ugwuanyi emerge, will he not likely want to share the spoils of the title, with him?

    But, that will depend on what happens at the federal level, with regards to the presidential election. If per chance, Gen. Mohammadu Buhari of the All Progressive Congress, wins the presidential election, then Senator Ekweremadu should be wise enough to stay far away from the shooting range of the emergent godfather, Hon. Ugwuanyi. But, should President Goodluck Ebele Jonathan be re-elected, and Senator Ekweremadu also makes it, as the deputy senate president, then Enugu state may have to brace up for a replica of the ongoing Ebonyi state conundrum.

    In Ebonyi State as is already out in the public domain, the former Senate President and Secretary to the Federal Government, Anyim Pius Anyim, is squaring up with the state Governor Martin Elechi, over which of their preferred candidates would win the next gubernatorial election.In Ebonyi, just like in Enugu state, during the PDP party primaries; the party-forces resident in Abuja, with the duplicitous connivance of the party officials at the centre, gained an upper hand over the state governors. In Enugu, while the governor gave up his senatorial ambition, hewas compensated with his preferred successor, Hon. Ugwuanyi, as the gubernatorial candidate, by the Ekweremadu group. To achieve that détente, Senator Ayogu Eze, was however sacrificed. But in Ebonyi state, the Governor lost everything to the Abuja Mafioso.

    Governor Martin Elechi’s subsequent attempt to outmanoeuvre Anyim and his candidate, Chief Dave Umahi, who currently is the deputy Governor,through asurrogate Labour party candidate; has ricocheted into another battle, with the Governor receiving an impeachment notice, from a compromised state House of Assembly. As I have said elsewhere, Ekweremadu was wise in tampering his success, by allowing Governor Chime to have his way with regards to the gubernatorial candidates, once he secured his own senatorial seat and a few for his acolytes. For, if he had insisted otherwise, the Governor who no doubt has a large followership in the state, could have ignited a tsunami to confront the cyclone.

    That would have spelled tragedy for President Goodluck Jonathan who desperately craves a block south-east votes, to gift him any chance, against Gen. Buhari who has majority of the north-east and south-west voters behind him. Considering that President Jonathan may not be willing to risk getting majority of Enugu state votes, Senator Ekweremadu who is from a minority area within the state, could have despite winning the party primary, have a pyrrhic victory; if the reigning godfather, Governor Sullivan, turned desperate, like Governor Elechi. Unfortunately in the party’s trade by barter in Enugu state, Senator Anyogu Eze,who was also angling for the biggest prize in the state, as the godfather, got sacrificed by the Ekweremadu group, which he had aligned with.

     

     

  • Ebonyi community seeks end to land dispute

    Ebonyi community seeks end to land dispute

    The Ishinkwo Youth Assembly (IYA) in Ebonyi State has called for an end to a 100-year-old land dispute between it and Abaomege community.

    It wants the land amicably shared to put an end to what it described as “morbid communal conflict” and endless litigations.

    IYA’s president, Mr Innocent Elum, urged Ebonyi people to vote for Engr. Dave Umahi as governor because, according to him, the Peoples Democratic Party (PDP) candidate promised to ensure the dispute is resolved.

    Besides, Elum said it was the turn of Ebonyi South Senatorial zone where Umahi hails from to produce the next governor.

    “We have what we call Charter of Equity or Charter of Conscience. Simply, it is an unwritten agreement by our founding fathers for power to rotate among the three zones. Ebonyi North and Central have taken their turns, with Dr. Sam Egwu and Governor Martin Elechi respectively. It is now the turn of the South. And since Dave Umahi is from the south, what else are we talking about?”

    Elum faulted Gov. Elechi’s alleged decision to back another candidate rather than Umahi, his deputy, despite their “succession agreement.”

    “Chief Umahi has been saying without contradiction by Chief Elechi that he struck a deal with Elechi in 2011, and worked for his re-election on the understanding and promise that Elechi would hand over to him at the end of his tenure.

    “Now, the governor has allegedly reneged on his promise. It is both a moral and legal issue to break a valid agreement,” Elum, a law graduate, said.

    He added that Ishinkwo is also supporting Umahi because he promised to liaise with the state’s representatives in the National Assembly to construct the F113 road which passes through Ishinkwo from Okposi/ Ukawu to Abaomege.