The Nation Newspaper

Category: Law

  • ‘Judges must be bold, confident’

    ‘Judges must be bold, confident’

    What is your assessment of the judiciary in 2014?

    I believe that the judiciary has always performed well and will continue to perform well. The judiciary itself knows when there has been an outside interference, but where I was saddened was where the Chief Justice of Nigeria (CJN) markedly washed the dirty linen of the judiciary in the public. It shouldn’t be done like that because it affected the public perception of the institution. If there is a bad apple in a basket, you remove the bad apple quietly, you don’t empty the basket on the floor and start to push them around, saying which one is bad. No. You gently remove the one that you believe should not be there and take it out. It is a discreet thing.

    If you are talking of extra-judicial, legal influence, is it only in this country? It goes on around the world. There is no government that does not wish to put its influence on the court. In the United States (US) election when Al Gore was  contesting for the presidency, you could see the Supreme Court divided along party lines and Al Gore lost. So why are we making so much noise here?

     

    Are you saying that the judiciary should be involved in party politics?

    No, that is not what I am saying. In America, the President will always appoint to the Supreme Court a candidate whose temperament is close to that of his party’s manifesto.  So, Obama appointed a woman to the Supreme Court, whose temperament was more that of a Democrat and not of a Republican.  And a Republican President would appoint somebody whose temperament is that of a Republican and not of a Democrat. What I am bringing out is that there is nowhere there is not some influence, but that doesn’t mean that we should, here in Nigeria, take out our judges, hold them up and dangle them out and say: ‘Hey, this is a corrupt judge.’ It affects the institution itself.

     

    What was your journey to the bench like?

    My journey to the bench was mono-dimensional. I went into practice and I stayed in practice for over 20 years before moving to the bench. Maybe I overstayed in practice, but my journey to the bench was directly that of a legal practitioner growing from the Bar and stepping up into the Bench. But it is to be noted that a lot of the experience that I had were from the late Chief S.O. Moroundiya, a man from Ibadan, whose chambers was then located at  Ikeja. I was with him for several years and there, I think, I cut my teeth in practice. He was a man of many parts and I can say that I learnt a great deal from him.

     

    Your years on the bench, what was the experience like ?

    I was appointed as a judge in January 2004, sworn in as judge of the High Court of Lagos State on May 2004. I had a period of 10 years on the bench because the law says I must retire at 65, but most of the time I spent on the bench was at the Badagry Division of the High Court. On the formation of the Badagry Division, I was the first judge to sit there and I was the only judge in that division for six years. I was involved in general civil litigation, which means that anything from divorce to land matters, to kingship disputes to monetary, indebtedness to fundamental human rights. It was such a cocktail of work and it brought out everything I had learnt from the Bar. But for the time that I was there, I think I appreciated being in Badagry. It was a most enjoyable experience. But I must say that I spent six years there, whereas, ordinarily, a judge should be at a particular place only for a period of three years.

     

    What made your case peculiar?

    It was the Chief Judge at the time. It was just the attitude that ‘we have sent him there, we can forget about that place’. It was an ignored court.  Some of the running of the court was from my own pocket. The authorities, as it were, in Lagos then did not care about looking after the judge, who was there and the attitude of judges was that it was like sending someone to Siberia. But, of course, if you have the right attitude of mind, Siberia can be an enjoyable place. I enjoyed myself there, but I should not have been there for that long.

     

    While in Badagry, what attempts did you make  to upgrade the division?

    By the time I was leaving, another Chief Judge had come in and decided that things must change and in the course of her time she started seeing to the upgrading of the court in Badagry. She started seeing to providing accommodation for a judge, who would be sitting in Badagry. When I was there, I was using my own money to pay for my accommodation.

     

    When was your most challenging period on the Bench?

    Well, when a judge is newly appointed that initial stage is challenging because it is a fresh perception of the work. So, it is a different mindset. You have to get used to the judiciary,  you have to get used to your being the point of concentration and you have to get used to the fact that so much is expected from you because so much has been given to you.  So, that in itself is a challenge. And I think that as you go along because of the various cases that come to you, it is not a question of dealing with pen and paper. You are dealing with human lives and activities. And whatever you do, when you give a judgment, the consequence will affect so many people.

    I remember a land matter where the people on both sides, one traditional ruler was claiming that the vast area of land was under his sovereignty, the other people were saying no, ‘we are not under your sovereignty; we stand on our own’. Whichever way that judgment was to go, it would affect the lives of so many people because so many had built houses on the land and now you might have to change who the ownership is and who they owe their right to stay on the land to. If you change that, it means they have no land at all as it happened in the case of the Onitire and Ojora. So when you face these things and you are writing your judgment, you take double care, you become cautious. Am I doing what is right? And at the end of the day when the conscience of the judge allays his fears and he follows the law, he is able to do justice. He is comfortable that he has done justice, whichever way it goes. The fact that there is an appeal on it is neither here nor there for him. That is a different issue, but he would have done what he ought to have done.

     

    Which case did you find most challenging?

    I think there was no case that did not have its challenges. When you are affecting the lives of so many people, you are conscious that this thing has its consequences; you are extra careful.

     

    We often heard of corrupt judges. Was there ever a time that you were tempted by litigants during your time on the bench?

    No matter how much the lifestyle of a judge tends to shield the judge from litigants, litigants would always come. People will always find a way or the other. But it is for the judge to use his discretion.

     

    From your experience, how do you think judges can be shielded from corrupt practices?

    Well, my experience is limited to Lagos State and I think despite the fact that Lagos is a highly social environment, the judges have been able to shield themselves and even if you meet a litigant, you can just easily walk away when he starts discussing his case.

     

    How was your normal day as a judge like?

    I think it was punitive. Each judge would have his own style of how the day goes for him. I would wake up at 3 ‘O’ clock in the morning and I would go to my study, read or write. I find the morning very nice time to read, I absorb quicker. Then by 8.30 or 9am, I would be on the way to court.  I would sit till 2pm, sometimes 4pm or 5pm. And after the day’s sitting, I would sit down in the chambers and relax a little, and then go home.  At home, I would relax more, have my dinner and return to my study. That is basically the life of a judge.

     

    Are the remuneration and welfare package of a judge commensurate with his job ?

    To say it is adequate or inadequate, you would want to compare it with another set of people and that is the difficulty about saying whether it is adequate or not.  But I think the welfare package of a sitting judge has to be improved and I believe that the way and manner a judge would go into retirement has to be improved. I think we have to look at other jurisdictions in Africa, which will show that we are not enjoying the best.

     

    How did you relax as a judge?

    If you want to enjoy Law as a profession, the practice as well as being on  the bench, you cannot afford not to have reading as a hobby. Reading must be your habit. And when reading is your habit, you find that you can drop your file and pick up some other book that is non-law. Equally, the television is there, but when I was on the bench I had the benefit of two friends who are medical doctors, one Dr. Omotayo and Prof. Atoyebi and once a week, I would join them at the Lagos University Teaching Hospital (LUTH) Staff Club, where everybody else is doctor. So, the danger of somebody mentioning a case is very remote. The danger of my offending somebody, who has a case in my court is very remote. So, I joined them there and relaxed. Also, on Tuesday evenings, I played Table Tennis at the Ikoyi Club. I am a member of that club.

     

    Looking at the recent desecration of the judiciary in Ekiti State, would you say judges are safe ?

    There is hardly any security provided for judges in Nigeria today. It is next to nil and it shouldn’t be. As to what happened in Ekiti, I have given my own impression and it’s unfortunate that what I said was not followed. If it had been followed, a lot of things would be set right in the judiciary today.

     

    What was your reaction to the incident?

    At that time, I said the Chairman of the National Judicial Council (NJC) should shut down the judiciary in Ekiti State. If she had done so at that time, they would have found that there is a political quagmire and they would have had to address the issue of the judiciary and the safety of judges. Because the Constitution provides that it is only the Chief Judge of a state that can swear in an incoming governor.  And it was the Chief Judge, who was slapped, that now went to shake hands and swear in the man who…, well, I should not say much.

     

    So what would you say is the fate of the judiciary in the hands of politicians?

    The country itself has to be wary as to the institution of the judiciary. The judiciary is the last hope of the nation. After they have done all their nonsense, they now bring themselves to the judiciary. It is comforting that we have people in the hierarchy of the judiciary who have insisted that the it must protect itself from the politicians and the general trend of affairs in the country. The judiciary must protect itself. It must not allow itself to be fiddled with.

     

    How do you see the mode of appointment of judges in Nigeria?

    There is a wrong in the manner we appoint judges. When you say merit, it comprises of a series of elements. Merit is broad and it is fluid and it is not a static and hard-defined thing. It contains human elements. Merit includes so many things that we will call long-leg. The  most important is that the person, who is appointed should be able to live up to the responsibility of that appointment. That is what we should be looking for. And falling short of living up to that responsibility, he should be able to say I will leave the office. So, I am satisfied with the way it is now.

     

    What have you missed since your retirement?

    Before the date of my retirement, I had wound down mentally from the work. My frame of mind was that the work was coming to an end. But, as of today, I do miss the camaraderie with my colleagues. When I joined the bench, I think judges in Lagos State at that time were somewhat stiff to one another.  But along the line we started going on retreats. We were spending a week to 10 days out of the country, on another location, going through some legal matters and also, sharing jokes with ourselves. It has engendered a comradeship within the judiciary and I think it has been good for the Bench. So, on that note I have missed my colleagues.

     

    Looking back, do you have any regrets on the bench?

    I don’t think I have any regrets. Maybe some one or two things I could have done better, yes, but I have no regrets.

     

    There is the notion that there is a decline in the quality of the Bar, having spent over 20 years before moving to the Bench, what is your take on this?

    Yes, there is no doubt that the quality of legal practitioners in the country is on the decline. There is no doubt that the Body of Benchers, which is responsible for calling lawyers to the Bar is not doing its job. If you look at the accountancy profession, they have insisted on minimising the number of people coming into that profession so that they could look after the standard. The standard has been eroded in the legal profession. English is the tool of the lawyer. There are so many untutored chambers. I don’t know whether it is error or innovation. They present processes in court attempting to make innovations and Law is not a profession that gives room for innovations. It a very staid profession and on the Bench I had to admit to lawyers that look, I am an old school and the legal profession is about being old school. It is a very conservative profession, but the Body of Benchers are the people who would see to the number of lawyers being admitted into the profession. I would insist that 1,000 lawyers in a year are too many for Nigeria. In this wise, I would also point fingers at the National Universities Commission (NUC). So, what is the NUC doing about that? What is the Body of Benchers doing about that? When you are putting 2,000, 3,000 lawyers into the system every year, it is gross error and that is why today you have lawyers, who are earning a salary of N20,000, something less than what a clerk is being paid. I think those people, who have been given this responsibility, those who have accepted to take those responsibilities, should look again at what they are doing. I do not think they are doing the country a favour.

     

    What do you think INEC should  do about the N21 billion raised as campaign fund for President Jonathan?

    I am reluctant to go into those areas that deal with politicians. I would just leave them to do whatever they want to do. They are above the law.

     

    But it is said that nobody is above the law. Are you referring to what happened in Ekiti where the matter that was supposed to go on could not go on?

    The matter is still in court. It is the question of whether the Chief Judge is worth his judgeship or not. Somebody has filed a case except if the CJ does not wish to proceed with that case and that would be the value of his judgeship.

     

    What about immunity clause? The governor now enjoys immunity clause.

    There is no immunity in a pre-election matter. It’s not a matter for the election tribunal, it is a pre-election matter; a matter that actually affected what is supposed to be before the election, except that you are saying that it is time-barred.

     

    What should be put in place to provide a conducive environment for judges who would preside over election petitions  after the 2015 general elections?

    I think when the time comes the Chief Judge, who is responsible for that would address the issue.

     

    What changes would you like to see in the judiciary in the new year?

    I’d like to see bolder judges; self-confident, grand boldness. That is what I’d like to see – the boldness of a judge to say it as it really should be.

     

    Delayed justice has continued to be an albatross of the judiciary. Given  your experience as a judge, how best do you think this can be addressed?

    The country grew between the end of the civil war, that is between 1980 and 2000. The country grew in a fantastic way, at a fantastic rate, but our public institutions have not been allowed to grow in a sustainable manner anywhere near that rate and that is a major problem. It is not for the inability of judges, it is not for lack of attention to duty on the part of the judges. It is that these processes have not been there. When I came into the law profession early 80s, in the High Court of Lagos State, Igbosere in January they would start LD/1/the number of that year and by the time you reach December, may be you are at LD/900+/the number of that year, that means that in that year, there were less than 1,000 cases filed. But today, by March they have filed 1,000 already. So, that is the differential that we are talking about. It takes one quarter of the time that it took before for people to file that number of cases. Litigation has grown in a monstrous way.

     

    Can we take that to mean that people are getting more enlightened as to their rights?

    The truth is, people are as enlightened as they are frivolous as to their rights. There are some frivolous cases they file too and that is why they have created the Multi-Door Court House and people are being encouraged to go for the Alternative Dispute Resolution (ADR). Maybe this would allow us to do things otherwise.

     

    What do you have to say about judges who come late and sit late?

    It is not a matter of how early you sit, it is that you are giving results. If you look outside our jurisdiction, you’d see that the work we do is just too much. I have visited the English court sitting to see how they mark the day. On the first day of the week, that is Monday, the judge merely previews the cases he is going to do for the rest of the week. That is all he does on a Monday and he doesn’t take any work home; he doesn’t have to wake up at 3am and in spite of retirement, I am still waking up at 3am because the body is used to it.

     

    Why do people involved in high profile cases, including those charged with criminal offences, always go scot-free?

    In America, we all know what happened in the case of Jim Brown, a very well known sportsman, who was accused of killing his wife, who had been unfaithful to him. He got some of the best defence lawyers around in America and he was able to go scot-free. So, many people were dissatisfied that he got free, but he got free because he got competent lawyers. Now, if you look at the Criminal Law practice, you find that most of the top lawyers are not there. In fact, no lawyer premises his practice on Criminal Law practice, otherwise, you are seen as a ‘charge and bail’ lawyer. So, the Criminal Law practice is left for those who just want to make ends meet. And your big men are now able to pay the top lawyers top money for them to sit down and analyse their case and put it to the court and if they are able to put it to the court strongly enough and they are successful, you cannot begrudge them.

     

    Does it mean that there are some loopholes in our laws?

    Is there anything man-made that is perfect?

    Do you support abolition of death sentence?

    I do not agree with it. While our institutions are failing, the prison as an institution is half-failing. When people now believe that they can get away easily with anything wrong that they do, what would happen? When they now say even that law is nothing, I will kill you and I will just get in touch with my uncle and I will get away with it, what will happen? There is general failure of the institutions and the prison system is not a guarantee for anything. I do not believe that we are ripe to take the death penalty out of our laws. The corollary to that is that we have to remind the governors that they voluntarily chose to take that position of the governor of a state and one of the duties of the governor of a state is to sign death warrants for people, who have been convicted and sentenced to be hanged. It is failure in their duty when they neglect to sign death warrants. It is part and parcel of the duties of a governor and it is a frustration of the order of the court when the governor does not sign death warrants. In Lagos State for example, I don’t think any death warrant has been signed in the last 10 to 12 years. It is a failure, it is a neglect of the lawful and valid order of the court when the governor fails to sign the death warrant when they have voluntarily chosen to be the governor. They should have asked what it involves and if you are going to have nightmares about signing death warrants, then don’t go near the seat. I was a criminal court judge and I convicted somebody, who had killed his wife and sentenced him to death, why couldn’t they do their duty too? We are not ripe for death sentence to be taken off our laws.

     

    What do you say about those who see you as a controversial judge?

    Controversial in what sense? Is there anything controversial about me?

     

    What is your  background like ?

    I am the eldest son of the late Israel Adebayo Ogunyade Adebajo, a businessman, philanthropist and first sponsor of the Stationery Stores Football Club. I went to school in various institutions in Nigeria as well as in England and I qualified as a lawyer at the Nigerian Law School in 1980.

     

     

  • Controversy over arrest of Ibeju-Lekki youths

    Who ordered the arrest of six persons from the Oko-Olomi and Otunla villages in Ibeju-Lekki,  Lagos? Does their arrest have  to do with land disputes; robbery charges or an attempt on the life of a monarch, Oba Tajudeen Elomoro.

    These are the knotty issues the police must resolve for peace to reign in the area.

    The communities, Oko-Olomi and Otunla villages, are alleging that the traditional ruler of Iwerekun Elemoro land, Oba Tajudeen Elemoro instigated the arrest and detention of six indigenes of both villages for alleged robbery.

    But Oba Elemoro has debunked the  communities’ claims that he has been using policemen and thugs to harass their indigenes.

    Those arrested and charged to court by the police include Kufuli Batunde, Segun Eleku, Akorede Eleku, Lawal Dada, Luqman Adeniyi and Tajudeen Eleku. Speaking through their lawyers, Messrs Bamidele Ogundele and Michael Bayowa at a press conference in Lagos last week, the Oko-Olomi and Otunla villages claimed that the youths were arrested on December 23, 2014 within the premises of the Ikeja High Court.

    The lawyers claimed that the arrest was to frustrate the communities’ pending cases against the monarch before Justices Kazeem  Alogba and Oluwatoyin Ipaye, both of the Ikeja High Court.  The lawyers said those arrested  were arraigned last December 24,before Magistrate Abimbola Komolafe of an Ikeja Magistrate’s Court and were granted bail. But  in a statement by his lawyer, Mr Taofik Elias, Oba Elemoro said the allegation against his client was baseless because the persons arrested were involved in the November 24,2014 attack on the Elemoro Palace.

    According to Elias, the suspects were allegedly attempting to gain entrance into the monarch’s house but were thwarted by arrival of policemen from the nearby Elemoro Police Station.

    He claimed that after the incident, the monarch was taken to the General Hospital, Epe for treatment for shock and insomnia.

    “The police were invited and the Oba told them that he can identify the attackers and that they were from Oko-Olomi and Otunla villages.

    “Furthermore the suspects were arrested outside the gate of the Ikeja High Court. There was no arrest made within the premises of the court,” Elias said.

    According to him, after their arraignment on December 24, 2014, they were unable to perfect their bail conditions and were taken to prison.

    The lawyer said he was reliably informed that the police were planning to withdraw the charge against the suspects.

    Elias said he had therefore petitioned the Lagos State Attorney-General and Commissioner for Justice, M.  Ade Ipaye, to take over their prosecution.

    “This case is not about the civil suits because the judges have already asked parties to maintain the status quo with regards to the issues before the court. This case is about an attempt on the life of the monarch and we want to pursue it to ensure that justice is done.”

     

  • Lawyers root for Osinbajo

    All Progressives Congress (APC) vice-presidential candidate Prof Yemi Osinbajo (SAN) was the toast of his colleagues last weekend as they urged the electorate to vote for him.

    A group of lawyers under the auspicies of Friends of Osinbajo, also called for more support and volunteers towards the realisation of his vice-presidential bid.

    Colleagues, friends  and well wishers expressed confidence that Nigeria would experience change with Osinbajo as Nigeria’s number two citizen.

    Osinbajo is APC Presidential candidate Gen. Muhammadu Buhari’s running mate. Speakers said their ticket remains the one to beat.

    A former Director of Public Prosecutions (DPP) and Commissioner for Lands in Lagos State, Mr. Fola Arthur- Worrey described Osinbajo as a man of sound moral  convictions whose views, philosophy  and commitment to the rule of  law contributed immensely to the development of Lagos State judiciary.

    Former Attorney-General and Commissioner for Justice in Lagos State, Mr. Supo Sasore (SAN) said the Office of Public Defender (OPD) which  Osinbajo introduced into Lagos State judiciary during his tenure as Attorney-General and Commissioner for Justice contributed greatly to the speedy dispensation of justice and provided access to justice for the less-privileged.

    Sasore attributed his success and achievements to the solid foundations laid by Osinbajo, his predecessor.

    Osinbajo graphically showed how support and popularity for  the APC has grown across the country in recent months.

    He said by the grace of God, APC would win the forthcoming presidential election.

    Osinbajo said: “ We have an incredible opportunity for change in this country. It has never happened before that you have an opposition that is capable of taking over the government of the country. It is clear that the APC has a clear chance of winning the election come February.”

    Prof. Osinbajo said he has had the opportunity of interacting with Gen. Buhari.

    “One thing is very clear, that Buhari is absolutely committed to this country and that is very important to him.

    “All of us must take the issue of corruption and transparency very seriously because the issues around corruption are largely responsible for the problems of this country today,” Osinbajo said.

    Osinbajo said while their administration would deal decisively with corruption, setting up probe panels would not be the solution.

    Rather, he said, those found to have engaged in corruption would be prosecuted.

    “For instance,  about 400 barrels of crude oil  is reported missing from the country everyday and if you calculate this, it is equivalent to  the money that  the Federal Government and all the states share every month. APC government at the centre will stop corruption in high places.

    “Corruption is so pervasive in the country today that if you get to the office and begin to  investigate  people, you won’t go far,  how many people will you investigate?” he asked.

    He also spoke on how APC administration intends to reduce unemployment.

    “As an emergency measure, we shall create about 20,0000 jobs  for unemployed youth and this will alleviate their sufferings. We shall give stipends to our graduates till one year after their National Youth Service to enable them move round and look for jobs.

    “During this time,  we shall provide them with some entrepreneurial  skills to enable them to be self employed. We shall give more incentives and encouragements to the banks and other employers of labour so that they employ more hands. The power sector will be revamped to make electricity available to more Nigerians.

    “You cannot build a gas infrastructure in less than 15 years,  but we shall encourage more Independent Power Plants (IPPs) as experimented in Lagos State. Small IPP here and there will meet the electricity needs of the people. We must look for a way to make sure that electricity transmission is privatised.”

    He also spoke on APC’s social security plans.

    “APC government will provide social security for the disabled and elderly ones in the country. This  is already being practised by Osun State government. Osun is the poorest State but one in Nigeria, yet it is able to fund this, paying between N10,000.00-N20,000.00 monthly stipend to this class of Nigerians to alleviate their sufferings. We shall provide lunch for School children in the country. Research has shown that children who take launch in school across the world do better than those who do not take launch. Government must concern itself with the welfare of the people”

    Prof. Osinbajo said  APC has taken time to research and came out with a manifesto which has been presented to those who will implement it, Gen. Buhari and Prof. Osinbajo himself, by the grace of God, within one year of the inauguration of the government of Gen. Buhari  at the centre,this country will no longer be the same again.”

     

     

     

     

     

     

     

     

  • Between motor park touts and statesmen

    The holiday has been refreshing for me and I hope it is same for my precious readers, to whom I wish a prosperous New Year. For me
    the Christmas break was as always, a time to touch base with my local community,and spend quality time, with loved ones in the village. It is also a time to attend meetings at the umunna. At such meetings, decisions are democratically reached, and except you have shown fidelity with the people over time, your status in the metropolis, counts for little. Again, it is a time to exert the provision of section 34[2][e][i]of the 1999 constitution, that “normal communal or other civic obligations for the well-being of the community” does not constitute “forced or compulsory labour”, which is forbidden by the constitution.

    But while on the revelry, I followed developments on the rambunctious scenes of politics. Among the combatants, the most memorable is the exchange between President Goodluck Jonathan and his mentor and former President, Olusegun Obasanjo. For Gen.Obasanjo, President Jonathan is a spendthrift, and invariably the only way to keep his finicky finger from the commonwealth, is to vote him out. For effect, Obasanjo reminds Nigerians that he is still a member of the Peoples Democratic Party [PDP]; but while he is willing to die for Nigeria, he will not die for PDP.

    President Jonathan who has been accused of cowardice in dealing with the Obasanjo menace, charged back at the former President, when he opened his re-election campaign in Lagos, last week. Even when he did not name names, we all knew that his umbrage, was an answer to the many humiliations he had suffered from the tongue of Obasanjo; when he referred to the former President and his ilk [high office holders], as mere “motor park touts”, who despite their best efforts will never amount to the status of statesmen.With the exchange, it was as if the two were ready to finally part ways, but no, Obasanjo last Saturday turned up at the wedding ceremony of the daughter of the President, in Abuja.

    But the words have been uttered by the President, that many high office holders, past and present no doubt, are mere ‘motor park touts’. That group of persons in common parlanceare referred to as ‘agberos’; and it is an accepted fact among the transport workers and passengers, that‘nothing concern agbero with overload’. Considering that the agbero is charged with loading public vehicles with passengers and goods, his incipient lack of interest in ensuring that the vehicle is appropriately loaded, constitute a danger to the vehicle owner and the passenger.

    The implication is manifold. It means among several other facts that the vehicle owner and the passenger must be wary of the agbero, considering that the agbero’s interest is merely limited to the immediate gains accruable to him for loading the vehicle. For the vehicle owner, the life and well-being of the vehicle is at the mercy of the agbero. For instance, the agberowill likely concentrate on the stipends paid to him for every load and every passenger, and recklessly overload the vehicle to the peril of the owner, whose investment is at risk. I guess that Nigerians, made up of past, present and future nationals, constitute the vehicle owners, and they have been forewarnedto be observant,by the President.

    The passengerson their own path, are even more exposed to greater danger, as their precious lives, limbsand personal effects are exposed, and could be imperilled as a result of the malicious conduct of the agbero.So the passengers must watch out, when the agbero is selling travel tickets, to ensure that the vehicle is not loaded with more passengers than it is designed to carry. The passenger must not rely on the smooth talking agbero, who most probably will give the impression that the vehicle is in the best state, even when the vehicle is rickety and obviously not road worthy. Again, using President Jonathan’s averment, Nigerians who are the passengers, should be on the lookout, to starve any impairment to their lives, limbs and property, as the agbero load the vehicle in 2015.

     

    Congratulations Ogwugwu Ebenebe, Ogbakokpo

    Part of the revelry of the Christmas break, came from the first Ofala festival of His Royal Highness Igwe Tom Anieheobu Inyiama, Ogwugwu Ebenebe 1 of Ogwofia Owa.Igwe Inyiama who ascended the throne of our forebears in 2003, revelled in pomp and pageantry, as the Ogwofia Owa people relished their customs and traditions, while paying homage to his Majesty. As part of the celebration,some distinguished sons and daughters of Ogwofia Owa, with a few friends and well-wishers were conferred with chieftaincy titles.

    Among the select few, was Chief Christopher Maduabuchi Okafor and his wife Nono Ann Okafor, who were conferred with the chieftaincy titles of Ogbakokpo and Nono Ogbakokpo, of Ogwofia Owa, at the colourful Ofala festival on the 3rd of January, 2015.

    Chief Okafor whoretired as a Deputy Director of Central Bank of Nigeria, in 2011, was celebrated and recognised for his outstanding achievement as an internationally acclaimed statistician and a community leader and philanthropist. Ogbakokpo and his Nono belong to the famous Okafor dynasty, of Amofia, Ogwofia Owa, whose titular head is Professor [Chief] Richard C. Okafor, Ogbueshu-Ugobelunoji,with his amiable wife, Dr. [Mrs] Cecilia Okafor, Nono Ogbueshu-Ugobelunoji.

    While congratulating all the newly installed chiefs, many of whom are well accomplished, may I wish Ogwugwu Ebenebe many more years on the throne. It is my earnest hope that his long reign will bring greater prosperity and more development to our people.

     

     

  • ‘Why I’m campaigning for change’

    ‘Why I’m campaigning for change’

    Prof Yemi Akinseye-George is a Senior Advocate of Nigeria, a seasoned legal practitioner and a Fellow of the Chartered Institute of Arbitrators of Nigeria. In this interview with JOSEPH JIBUEZE, he proffers solution to the intractable delays in justice administration and shares his thoughts on next month’s elections.

    Some have said the legal profession is losing its high standards. Do you agree?

    Complaints about falling standards are  not new. It is a popular pastime for older   generations to complain about falling standards. This generalisation is very convenient but it is not accurate. The standards remain high but many lawyers and judges are unable to meet up. The undeniable truth is that many entrants into the legal profession do not belong there. Admission into the legal profession remains highly competitive. In the past only the most qualified got in. But nowadays there are so many Universities and all kinds of factors influence admission considerations. Many law students are unable to cope with the demands of legal education. Many pass exams without really knowing what law is all about. The recent massive failure at the Bar exams was as a result of admission of low-quality students into law faculties which in turn feed the law Nigerian Law School. Half of the problem would be solved if only the most highly qualified from all parts of the country are admitted into our law faculties. Also, the method of delivery of legal education is archaic. There is need for clinical legal education which instils practical lawyering skills in law students.

     

    What do you think is the way out of the slow process of justice administration?

    It is most unfortunate that most of our governments do not prioritise issues of administration of justice. They fail to realise that without access to justice, security and the rule of law, the economy cannot function properly. The governments pay lip service to the independence of the judiciary. They do not provide the judiciary with the tools needed to perform efficiently. Some heads of courts too do not seem to manage their resources well. Our judges still undergo the tedium of taking down court proceedings in long hand. They sit for very long hours yet their dockets remain congested. The legislature has been very slow in passing necessary enabling laws to enhance administration of justice. The Administration of Criminal Justice Bill, for example has been in the works since 2003. Only Lagos and a few other States have passed it. Yet there can be no economic progress without a sound legal system, modern laws and procedures.

     

    What is the role of the Attorney-General of the Federation (SGF) in this case?

    The HAGF is a good lawyer but he needs to devote more attention to issues of reform, human rights and economic justice. He should also coordinate with the Chief Justice, the NBA, Civil Society and other stakeholders to devise innovative measures for improving access to justice and respect for the rule of law. We should develop and pass modern laws and procedures at the Federal levels and encourage the States to follow suit. The HAGF should work with the legislature to ensure amendment of constitutional provisions which stand in the way of speedy trial of cases, civil and criminal. The provision on interlocutory appeals ought to be amended. Defence lawyers tend to capitalise on this provision to delay proceedings. The amendment of this provision was part of the initial proposals of the House of Representatives on constitutional amendment. I do not know whether they are going ahead with it.

     

    There have been calls that judges found guilty of corruption by the National Judicial Council (NJC) should be tried rather than retiring or dismissing them as is the practice. Do you buy the idea?

    Yes. I buy the idea. Everything legally possibleshould be done to reduce judicial corruption.

     

    Is the government losing the war against graft and official sleaze?

    I don’t think there is any war against graft or official sleaze. The body language, statements, actions and omissions of Mr. President and those around him show clearly that graft is tolerable, if not encouraged. The anti-graft bodies are completely demoralised. They lack funding. Their witnesses are reluctant to come forward to give evidence because there is no protection for them.

     

    Do you have any reservations with the government’s approach in tackling insurgency?

    Most right-thinking Nigerians should be worried about the way the counter-insurgency campaign in the North-East is being prosecuted. How come so many Nigerian local governments are under the control of insurgents? And our youths are being conscripted to fight on the side of insurgents? The demoralisation of the Nigerian fighting troops is disheartening. The other day the government talked about a Ceasefire which later turned out to be a ruse. We hear about failed attempts by the federal government to procure arms. We hear of rag-tag Boko Haram fighters over-running military formations and units. Yet we have thousands of intelligent and able-bodied Nigerians roaming the streets jobless. Why can’t we recruit, train, equip, insure and mobilise these Nigerians to help police our borders? Why is it so difficult to strengthen the Armed Forces, re-orientate and motivate them to be more patriotic in protecting all Nigerians regardless of religion?

     

    Nigerians will be voting next month for a new President and governors. What is your advice to voters?

    The nation as a whole lacks inspirational leadership, guiding philosophy or values. The so-called Transformation Agenda is contradictory in terms. Transformation should start from our national values and ethos. Besides, it is not good for a single non-performing political party to continue to monopolise power. Therefore, Nigerians should vote for change. We voted this President in 2011 because we didn’t know him. We thought he would bring a new approach to governance. We thought he would protect minorities all over the country. But for six years now this President has consistently shown that he is incapable of providing what the country needs the most: a developmental philosophy and leadership by example. If this President could not steer the ship of state well when the resources were there what is the hope that he would do better now that government revenue is dwindling? Again, what would be his motivation to govern well when he no longer needs a second term to motivate him? Nigerians should vote for change. They should vote for a new approach to governance.  That’s why I’m personally campaigning for change. Nigerians should vote against youth unemployment; they should vote against corruption; they should vote against insecurity in any part of the country. They should vote against impunity. They should vote for change. In my view, the combination of General Buhari and Professor Osinbajo, SAN is better for Nigeria now.

     

    Some have expressed fears that Security agencies may be used to rig election. Are the opposition parties helpless?

    The APC is the only significant opposition party at the Federal level. It should set up special monitoring units to monitor the conduct of polls in all voting units across the country. The members of the units must be well-trained and mobilised to monitor the conduct of the elections and declaration of results. They must eschew violence and provide support for electoral officials, observers and security agencies on election duties. So they are not helpless.

     

    Would you back calls for an electoral offences commission to reduce INEC’s prosecutorial responsibilities?

    No. I have never liked special courts or commissions. Any such commission will go the way of the Police, EFCC and other prosecutorial bodies. Unless the Constitution is amended, the powers of Attorneys-General under the Constitution would make it impossible for such a commission to function properly. Attorneys-General whose loyalty is always to the incumbent President or Governor would not allow the prosecution of party members who committed electoral offences. The INEC should be empowered to blacklist perpetrators of electoral offenders. Unless there is some form of censure for electoral offences, such illegal behaviours will continue to taint our elections.

     

    What are your expectations of the new CJN Justice Mahmud Mohammed?

    He should protect the judiciary from meddlesome politicians, take the judiciary to a higher level, sustain the fight for financial autonomy for State judiciaries and direct the registrars and the NJC to manage judiciary funds efficiently. He should direct that all our superior courts should be digitalised so that proceedings are recorded electronically obviating the need for writing procedings in long hand. In conjunction with the NBA, the CJN should fashion out new rules to reduce the number of interlocutory appeals to the Supreme Court; work with the NJC to improve the retirement benefit of other Justices of the Supreme Court. Apart from their pension, I believe every retiring justice of the Supreme Court and others justices should be assisted to properly relocate from official quarters.

     

     Do you have any political ambition and what will you like to be remembered for?

    My ambition is to contribute my quota to improving the lives of a greater number of Nigerians. I believe I need politics to do that; so at the appropriate time I will enter politics. I’ve actually started. I’m currently campaigning for political change in the country. I established a group known as Citizens United for Change (CU4C) to mobilise support for change. I wish to be remembered firstly for being a good family man and father and for my contributions to improving other people and the society.

     

    You are one of the Professors of Law who are also SANs. What moved you to pursue such academic heights?

    I was marvellously helped by people and circumstances around me. From my childhood, heaven has always been favourably disposed towards me. There are more brilliant and talented people than me who were not so favoured. My modest efforts have always been highly rewarded. I give God the glory for earmarking me for honour.

     

    For the benefit of young lawyers who may complain of poor salaries, how did you cope in the early days of your career? Has it always been rosy?

    Things were easier when we started in 1986. The economy was better. The young lawyers of today should seek knowledge first. They should look for law firms where they can be trained properly. L.L.B and B.L degrees do not make one a lawyer properly so called. There is need for a time of pupillage. Money will follow. If they put money first, they would not learn properly. I would recommend to all lawyers, my book, entitled, ‘AlhajiAbdullahi Ibrahim, A Life Shared’ being the Biography of AlhajiAbdullahi Ibrahim, CON, SAN. In the book, this accomplished lawyer and statesman advises senior lawyers on how to treat their juniors and young lawyers on how to cope with the challenges of inadequate pay.

    It was not rosy for me when we were growing up. Even though the fees were not much, my parents had challenges paying especially when cocoa was not selling well or off-season. I’m the seventh of seventeen children of my father. Father was a farmer. Mother is a trader. As a primary school pupil, I used to hawk pap for my mum in our neighbourhood before going to school in the morning. We assisted our dad in his farm work during long holidays.  I rose through difficulties and challenges. I never drove a car until I bought mine at the age of 28.

     

    You are a respected Professor of Law. Did you set out for a career in academics?

    Thank you for your kind words. Yes. My vision was to be a Professor of Law latest by the age of 40 and to combine academics with legal practice. I was inspired by some of my lecturers who lectured and also practiced. These included Late Professor Abiola Ojo, Professor S.A. Adesanya, SAN both of blessed memory and also by Professor Yemi Osinbajo, SAN, the Running Mate to General Muhamadu Buhari and Professor Taiwo Osipitan, SAN, seasoned legal practitioner.

     

    What was your first day in court like?

    I don’t remember the date but the experience has never left me. I was sent to the Lagos High Court by my boss then, Mr Wole Olufon to move a motion. Though I didn’t quite understand what the motion was all about, I moved it successfully and the Judge granted it.

    What would you likely have been if not a lawyer/Law teacher? How did you end up being a lawyer?

    I would have been a Journalist or mass communicator. My second choice of course was Mass Communication. After my GCE A-Levels at the Ondo State College of Arts and Science, Ikare Akoko, I was admitted to read law by direct entry to the University of Lagos.

    How do you relax? What is your favourite sport?

    I read autobiographies, biographies, motivational, story books or newspapers. My favourite sport is Table Tennis.

    Where do you shop and how do you shop?

    My wife does our shopping. I only assist whenever she wants. She’s an excellent home-maker, a gifted shopper and brilliant legal practitioner. She’s the Managing Partner of our firm, Professor Yemi Akinseye-George, SAN and Partners.

    If you were to go away for a week with only a piece of item, what would it be?

    Of course it would be a book or an Ipad.

    What can you say is the secret of your success?

    Grace, vision, hard work, humility and good relationships.

  • ‘How lawyers in govt can remain relevant’

    Lawyers working in  government have been  urged to make continuing legal education a priority if they must remain up-to-date with new legal principles.

    Speakers at a three-day development course for lawyers in the Delta State Ministry of Justice said lawyers in public service must regularly update skills and knowledge to remain relevant.

    The Attorney-General, Mr. Charles Ajuya (SAN) said the course was designed to enable participants improve their legal skills.

    According to him, a well-equipped counsel will not only benefit himself, but will add value to the state.

    Former Nigerian Institute of Advanced Legal Studies  (NIALS) Director-General, Prof. Epiphany Azinge (SAN), who was one of the speakers, said the development course afforded him the opportunity to translate NIALS experience into practice in Delta State.

    He stated that the course was  designed as a capacity building programme  for the participants.

    Addressing participants, he said: “It  is  customised because  it is based on ideas from you. It is a clear amalgam of all the needs of the departments and parastsals.

    “Therefore your understanding of the course is necessary for you to address the problems of your ministries and equip you with the capacity to face the challenges of a globalised world.”

    Others speakers included former Director of Public Prosecutions in Lagos State, Mr. Fola Arthur-Worrey who spoke on criminal prosecution and  legal opinion writing techniques; former Nigerian Bar Association (NBA) president Chief T.J. Onomigbo Okpoko (SAN) spoke on case preparation and appeals, and Ken Mozia (SAN) who discussed  case management and fast track litigation.

    Prof. Emeka Chianu discussed Land acquisition challenges and prospects, while former chairman of NBA Ikorodu branch, Nurudeen Ogbara presented Prof. Lanre Fagbohun’s paper on class action litigation and environmental law practice.

    Chairman Mid-Western Bar Forum, Ferdinand Orbih (SAN) discussed new trends in the law of evidence while Prof. Azinge (SAN)  discussed Government legal advisers, Legal writing and law reporting.

    He also discussed legislative  drafting and legal drafting in conjunction   with Prof. Paul Idornigie while Mr. S. V. Omekeh discussed public  civil rules and application,  ethics,  code conduct, minutes and memo writing.

    Prof. Mike Ikhariale discussed constitutional and human rights while Prof. Paul Idornigie discussed commercial agreements, ADR, Arbitration and MOU while  Albert Akpomudge (SAN) discussed brief writing.

     

  • State electoral commissions must be properly constituted

    The issues are:

    (1) WHETHER the Claimant has the locus standi, competence and capacity to maintain this case having regard to the fact that the purported merger between the original Claimants, namely, ACTION CONGRESS OF NIGEIA (ACN), ALL NIGERIA PEOPLE’S PARTY (ANPP) and CONGRESS FOR PROGRESSIVE CHANGE (CPC) admittedly remains inchoate and/or not yet approved by the Independent National Electoral Commission (INEC)

    (2) WHETHER the claim of the Claimant particularly with specific reference to reliefs b, c, d, e, f and g is not statutebarred such that this Honourable Court lacks the jurisdiction to entertain it.

    (3) WHETHER this case is not a gross abuse of Court process having regard to antecedent suits on the same subject matter to wit, Suit Nos. HCL/57/2011, HCL/151m/2012 and HCL/303M/2012 at the instance of the original Claimants and/or predecessors of the present Claimant.

    (4) WHETHER having actively participated and field candidates some of whom won Councillorship seats in the said Local Government Elections in Kogi state on 4th May, 2013, estoppel by conduct operates to defeat the case/claim of the Claimant.

    (5) WHETHER having regards to the supervening developments, this suit is not rendered academic and liable to be struck out.

    (6) WHETHER this Honourable Court can grant reliefs such as reliefs K & L in the Amended Statement of Claim against the interest of persons not parties to this case having regard to the doctrine of fair hearing.

    (7) WHETHER the Claimant has discharged the requisite onus of proof upon it so as to entitle it to the reliefs sought.

    19. Issue No 1 touches on the locus standi, competence and capacity of the claimant to maintain this action. The first attack of Mr.Akubo, SAN, relates to the fact that notwithstanding the claim or assertion of the original three political parties (ACN, ANPP and CPC) to have merged into one party (APC), the evidence of the claimant’s sole witness was still to the effect that the claimants are still independent political parties as Independent National Electoral Commission was still to approve the merger as required by law. He draws attention of the Court to the fact that no certificate of registration of APC was tendered in evidence. It is the contention of the learned senior counsel that the evidence of the sole witness for the claimant impugns on the locus standi, competence and capacity of the claimant to maintain this action. He considers the failure of the claimant to tender the registration certificate of APC as suppression of document. Learned senior counsel also adds that, in so far as the claimant did not participate in the 4th May 2013 local government elections, she lacks the locus standi to maintain this action. He describes the claimant as ‘a busy body and a meddlesome interloper’. He, therefore, urges this court to resolve Issue No 1 in favour of the 1st – 8th defendants by striking out this case, which according to him; is manifestly incompetent. He cites the following authorities amongst others; Bagwai v. Goda (2011) 7NWLR (Pt 1245) 28 at 49; Ogbonna v. Ogbuji (2014) 6NWLR (Pt 10403) 205 at 231. A.G. Lagos State v. Eko Hotels Ltd (2006) 18NWLR (Pt 1011) 278 at 450 Amukamara v. Amukara (2003) 10NWLR (Pt 829) 438 at 447.

    20. Issue No 2 has to do with the application of the provision of section 2(a) of the Public Officers Protection Law CAP III Laws of Northern Nigeria (as applicable to Kogi State) to reliefs b, c, d, e, f, and g of the amended statement of claim. For the avoidance of doubts, the said reliefs challenge the membership of the 4th – 8th defendants of the 3rd defendant, (PDP); the composition of the 3rd defendant by the 1st defendant and the request of the claimant for the nullification of all actions and steps taken by the 3rd defendant with the 4th – 8th defendants as chairman and members of the 3rd defendants. Mr.Akubo, SAN argues that the claimant is barred from bringing an action against the 1st – 8th defendants having waited for almost 5 years before instituting this action. According to him, the claimant was obliged to file the action against the 1st – 8th defendants within three months with effect from 2008, when the cause of action arose. He submits that the failure of the claimant to institute this action within the time stipulated by law is fatal to the action. He, therefore, urges the court to strike out the entire suit. He buttresses his arguments with the following authorities: Egbe v. Adefarasin (1987) ISCNJ 1 at 17 – 18 Ibrahim v. Judicial Service Committee, Kaduna State (1998) 14 NWLR (Pt 584), at 32; Crutech v. Obeten (2011) 15 NWLR (Pt 1271) 588 at 608 – 609; Yaew v. NSW & I.C. (2013) 12 NWLR (Pt 1367) 173 at 19, Hassan v. Aliyu (2010) 17 NWLR (Pt 1223) 619.

    21. Mr.Akubo, SAN, argues issues Nos. 3 and 4 together. His first contention is that this suit constitutes an abuse of the process of this court, having regard to what he calls the existence of “three antecedent suits” on the same subject. In this regard, he refers to Exhibits D1, D2 and D4. Exhibit D1 is the judgment of the Honourable Chief Judge in suit No HC/57/2011, directing the 3rd defendant to fix a date for local government election. Exhibit D2 is Motion HCL/151M/2012 initiating contempt proceedings against the 2ndand the 4th defendants, while Exhibit D4 is Motion HC/303M/2012 seeking for an order of Mandamus to compel the holding of local government elections. Mr.Akubo, SAN, submits that the institution of this suit amounts to gross abuse of court process having regard to the proceedings in Exhibits D1, D2, D3 and D4; and especially, by the fact Isaac E. Ekpa Esq, who endorsed the writ of summons in this case featured prominently in Exhibits D2 and D4. He further stresses that Exhibits D1, D2, and D4 relate to the same subject matter of local government election of Kogi State. Another point raised is that Exhibit D1, the judgment of the Honourable Chief Judge of Kogi State, as well as Exhibit D2, D3, and D4 constitute estoppel by rem judicata. On issue No 4, Mr.Akubo, SAN, argues that by the participation of the original claimants in the 4th May 2013 local government election, the claimant is caught by the principle of estoppel by conduct which will operate to defeat her claim. He refers to Exhibits D6, D7A-M, D8 and D9 which are series of correspondences that transpired between the original claimants and the 3rd and 4th defendants.He urges me to resolve issues No 3 and 4 in favour of the 1st – 8th defendants.He relies on: Opekun v. Sadiq (2003) 2NWLR (Pt 814) 475 at 485 – 486; Saraki v. Kotoye (1992) 9 NWLR (Pt 264) 156 at 188; Harriman v. Harriman (1989) 5 NWLR (Pt 119) 6. Ferdinand Oil Mills Plc v, UBA &Ors(2910) INWLR (Pt 1176) 583 at 598; Alapo v. Agbokerre (2010) 3SCNJ475 at 487; Ojukwu v, Nnoru,a (2000) 1 NWLR (Pt 641) 348 at 359.

    22. On issue No 5, Mr.Akubo, SAN submits that the election sought to be stopped had already taken place and the 4th – 8th defendants left office on 26th February 2014. It is his contention, therefore, that the foregoing circumstances had rendered this suit needlessly academic. He contends further that courts of law don’t engage in academic issues. He cites and relies on: FCDA v. Koripamo-Agary (2010) 14 NWLR (Pt 1213) 364 at 393 at 395; Dkikibo v. Ibuluya (2006) 16 NWLR (Pt 1006) 563 at 580.

    23. The prayers of the claimant for the nullification of the local government election conducted on 4th May 2013 and an order directing the chairmen and councillors elected to vacate their offices form the subject of Mr.Akubo, SAN’s submissions on issue No 6. He submits that this court lacks the jurisdiction to entertain or grant the reliefs. According to him, it is only the Local Government Election Tribunal that is vested with the exclusive jurisdiction to determine whether or not a person is validly elected. He also made the point that the affected elected chairmen and councillors ought to have been made parties and given fair hearing in accordance with the provisions of section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the United Nations Universal Declaration of Human Rights, Article 10 therefore. He also cites the following cases. Olatubosun v, NISER Council (1988) 3NWLR (Pt 80) 25 Buhari v. Yusuf (2003) 14 NWLR (Pt 841) 446 at 516, Obasanjo v. Buhari (2003) 17 NWLR (Pt 850) 510 at 578.

    24. Issue No 7 as formulated by Mr.Akubo, SAN, relates to the question as to whether or not the claimant has discharged the requisite onus of proof upon her as to entitle her to the reliefs sought. He describes the evidence led by the claimant as wishy–washy, grossly deficient and patently groundless. The basis upon which submission  is made includes, according to the learned silk, failure of claimant to tender the letters of appointment of the 4th – 8th defendants, failure to tender INEC documents as well judgments of the Tribunal and Court of Appeal, Abuja pleaded in paragraph 22 of the amended statement of claim. He submits further that failure to tender the said documents justifies the invocation of section 167 (d) of the Evidence Act to deem the documents as unfavourable to the claimant. He describes as speculative and bunches of hearsay evidence, the assertion of the claimant that the 4th defendant participated in the April 2011 general election as a member of PDP. Mr.Akubo, SAN, also argues that bias or likelihood of bias has not been proved against the 4th – 8th defendants as members of the 3rd defendant. He objects to the admissibility of Exhibits P1, P6, P9, P10, P15 and that the documents are devoid of probative value as they were merely dumped on the court. He urges me to believe the evidence of the witness called by the 1st – 8th defendants as, according the learned senior counsel, gave convincing evidence that the 4th May 2013 election was in line with best practices in providing a level playing ground for the political parties that participated in it. On the whole, learned senior counsel urges the court to resolve all the seven issues in favour of the 1st – 8th defendants and dismiss the claims of the claimant.

    The submissions ofEmejeAruwa Esq, learned counsel for the 9th defendant, are not dissimilar from Mr.Akubo, SAN’s. He formulates five issues which discusses the incapacity of the claimant to sue (issue No 1); the locus standi of the claimant to institute the action (issue No 2); the jurisdiction of this court or otherwise to nullify the local government election conducted in Kogi State on the 4th May 2013 (issue No 3); whether or not this suit has been reduced to an academic exercise (issue No 4) and whether or not the claimant has proved her case to entitle herto judgment.

    25. On issues 1 and 2, which he argues together, Mr.Aruwa contends that as at the time the claimant (APC) took over this suit from the erstwhile claimants, i.eACN, ANPP and CPC, she did not possess the requisite power or capacity to institute or take over the action. He refers to paragraphs 1, 4, and 18 of the statement on oath of the claimant’s witness, which he submits suggests that despite the then on-going merger of the three political parties, they still existed as distinct political parties. He refers to Sections 84 and 80 of the Electoral Act 2006 and argues that APC took over this suit prematurely at a time she had no legal status or juristic personality. He relies on the following cases; Emenike v. PDP (2012) 12 NWLR (Pt 1315) 556 at 591 Paras G – H; HSF Co (Nig) Ltd v. Springside Co. Ltd (2010) 44 WRN 63 at 83 35 – 45.

    26. On issues 3 and 4 which relate to the prayers seeking to nullify the local government election conducted on the 4th of May 2013 and a consequential order directing all purported elected local government chairman and councillors to vacate office,Mr.Aruwa submits that this court lacks jurisdiction to make such orders as, according to him, this suit does question both the validity of the appointment of the 4th – 8th defendants and the election of each local government chairmen and councillor, elected into the office vide the election of 4th May 2013. He relies on sections 22(1) (a), (b) and 23(1) of Local Government Elections Law (2004). He also makes the point that the failure of the claimant to join the chairmen and councillors deprives this court the power to make such orders.

    27. In respect of the prayer asking for the nullification of the appointment of the 4th – 8th defendants, Mr.Aruwa submits that the evidence shows that there is evidence before this court of their retirement following the expiration of their term in office. He, therefore, contends that “to foray any further in this suit will be tantamount to engaging in an academic exercise”(P. 14). He cites and relies on INEC v. LSBS (2010) 51 WRN 107 AT 122 lines 25 – 35; Kasimu v. NNPC (2008) 3 NWLR (Pt 1075) 569 T 586 – 587. Muazzam v. Bichi (2010) 12 NQLE (Pt. 1209) 508 at 517, Paras. D. Liasu v. Salau (2012) 2 NWLR (Pt 1283) 162 at 180. Para B and Sijuade v. Oyewole (2012) 11NWLR (Pt 1311) 280 at 304 (Paras C – D).

     

  • Lawyers express mixed reactions over Judiciary workers’ strike

    Lawyers express mixed reactions over Judiciary workers’ strike

    Some lawyers on Friday in Abuja expressed mixed reactions over the ongoing Judiciary Staff Union of Nigeria (JUSUN)’s strike, which commenced on Monday, Jan.5, 2015.

    While some lawyers appealed for the suspension of the strike, others insisted that demands of the workers should be met.

    JUSUN embarked on the strike to compel the executive to implement a Federal High Court judgment which affirmed financial autonomy of the judiciary.

    Mr. Jerry Aondo, a legal practitioner with T.J Aondo Chambers, Abuja, told the News Agency of Nigeria (NAN) that the strike had crippled every activity in the courts.

    Aondo appealed to the striking workers to call off the strike not just because of the lawyers but in the interest of the society.

    “The strike is really biting hard; I have shifted from my legal practice to soliciting for jobs.

    “For instance I have a case at the Court of Appeal but with the strike, there is nothing I can do.
    We understand what the judiciary workers’ are fighting for, but we appeal that they should consider the society at large,” Aondo said.

    Another lawyer, Ms Ann Agbe, also told NAN that although lawyers understood the reason for the strike, it would be a relief if the workers call- off the strike and embrace dialogue.

    Agbe said that since there was already a court judgment concerning the issue of financial autonomy, she believed that if the strike was called -off, the executive would definitely comply with the judgment.

    On his part, Mr. Afam Okeke, the immediate past Secretary of the Nigerian Bar Association (NBA) Abuja Branch, said that the judiciary had been taken for granted for too long.

    “No matter how painful it is, I think the judiciary workers’ are fighting a just cause; because the executive, both at the national and the state level have taken the judiciary for a ride.

    “The judiciary is not an appendage to the executive, but an independent arm of government.

    “We have three arms of government and if the other two can have their independence, what stops them from granting the judiciary their financial autonomy?

    “Let me quote Yusuf Ali (SAN), if the executive and the legislature can control their capital expenditure there is nothing under the sun that says that the judiciary is not better equipped to do the same for itself”.

    According to him, out of the three arms of government, the judiciary has the largest number of educated people.

    ‘’In fact the judiciary should have been saddled with the responsibility of looking after the vote of the other two arms because of the level of education of judicial officers.

    “It is in the interest of all of us for the executive to listen to the judiciary workers’ because there is even a judgment of the Federal High Court to back up their fight.”

  • Convicted soldiers deserve praise not condemnation, says Falana

    Convicted soldiers deserve praise not condemnation, says Falana

    Lagos lawyer, Femi Falana has said that the 64 soldiers sentenced to death for mutiny by a court-martial deserve commendation and not condemnation.

    Falana, who made this declaration in a statement titled, “Soldiers’ legal right to protest” issued on Sunday in Lagos, said their conviction and sentence should be quashed by the confirming authority.

    He argued that the convicts soldiers would have been guilty as charged if they had vamoosed or deserted the army when ordered to advance.

    “They never said that they won’t fight. But having regard to the casualties of July 9, 2014 due to the superior fire power of the terrorists, they rightly demanded for support weapons. And when adequate weapons were made available on August 18, 2014 they fought with courage, commitment and loyalty to their country and routed out the insurgents.

    “They deserved commendation and not condemnation. Having requested for weapons in exercise of their constitutional right, the convicts did not commit the offence of mutiny or any offence whatsoever. In the circumstance, they ought to have their conviction and sentence quashed by the confirming authority,”  he said.

    To buttress his view, he cited the case of Oladele & Ors v Nigerian Army (2003) 36 WRN 48, which dealt with the matter of the appellants who were injured in the ECOMOG peace keeping operations in Liberia flown to Egypt for medical treatment.

    He recalled that on the day they were to return to Nigeria, they protested violently at the Cairo Airport over the non-payment of their estacode noting , “they were brought home and charged with mutiny, convicted and sentenced to various prisons terms including life imprisonment by a Court Martial. In setting aside the conviction and sentences passed on the appellants, the Court of Appeal observed thus: “Mutiny is a criminal offence of a serious dimension. The pieces of evidence that l have reviewed supra have not shown that the appellants disobeyed any order deliberately nor did they use any violence. If anything at all, all they did was to protest the non – payment of their estacode. Such a protest finds justification on the admission of PW4 that he had paid some soldiers who earlier travelled with some estacode and was emphatic that the appellants were not prohibited but there was no express provision for the payment of estacode to them

    ”In the light of the reasoning of the Court of Appeal in the Oladele’s case, we submit that in demanding for adequate support weapons, the convicted soldiers did not engage in violence. To that extent, their demand found justification in fact and in law”, he said.

    The erudite lawyer also recalled that in an oral evidence before the Court Martial, Lt-Col.  T. Opurum, the Commanding Officer, who was the first prosecution witness stated  that  the unit was ambushed on  July 9, 2014 by the terrorists  and that a total of  three officers and 23 soldiers were killed in that attack while about 82 others had various degrees of injuries.

    He recalled that the witness  further told the court that on  August 4,  2014 when he ordered  the convicted soldiers and others to advance and capture Delwa, Bulabulin and Damboa, they demanded for adequate equipment to avoid another tragic encounter with the terrorists.

    According to him, the convicted soldiers, in their defence,  admitted that they demanded for equipment to  fight the Boko Haram insurgents who were armed with weapons like Anti Aircrafts, APCs, BMGs, RPGs and AK47s. Each soldier was only armed with aAK47 and 60 rounds of ammunition. “They said that  sequel to the tragic development, PW 1 promised that adequate weapons would be provided for any other operation as the terrorists “have superior fire power.” He was quoted as saying, “ I, Lt-Col Opurum will not take soldiers in my battalion to the war front again without adequate weapons.” The promise was not kept when PW 1 asked the convicts and other soldiers to confront the terrorists on August 4, 2014.

    “Unlike  the eight soldiers who deserted the army, the convicted soldiers responded to the call for reinforcement  on 18 August 2014, when Delwa was attacked by the insurgents. As the army headquarters in Maiduguri had provided weapons, the convicts  extricated the commander and others from the terrorists . During cross examination, PW 1 admitted that the minimum strength of a Battalion in the Nigerian Army is about 750-800 personnel whereas he had just 174 soldiers and that the terrorists were equipped with “superior fire power”. On the allegation that the convicts requested for weapons, PW 1 admitted that all other soldiers involved in the operations against insurgency had made a similar demand.

    In view of the lack of equipment which led to the tragic killing of three officers and 23 soldiers by the insurgents in July, it cannot be said that the demand for weapons to engage in the operations against the enemy constituted mutiny. Indeed, the request for adequate support weapons is justified by Section 217 (2) of the 1999 Constitution which provides that “The Federation shall, subject to an Act of the National Assembly made in that behalf equip and maintain the armed forces as may be considered adequate ..

    “ No doubt, the accused had subscribed to the oath of allegiance to   defend the territorial integrity of the nation but the oath is not a license to commit suicide. It is a solemn undertaking to defend the nation based on the expectation that the Federal Government would have complied with Section 217 of the Constitution on the mandatory requirement to equip the armed forces adequately. The failure of the Federal Government to provide adequate weapons recently led President Jonathan to request for a loan of $1 billion to purchase military hardware for the armed forces to fight the terrorists. Although the request was granted, there is no indication that the weapons have been acquired!

    “In 2008, 27 soldiers were convicted and sentenced to life imprisonment by a court-martial which sat at Akure, Ondo State. The soldiers who had taken part in the United Nations peace keeping operations in Liberia embarked on a violent street demonstration to protest the diversion of their operational allowances by some officers. Based on the representation made by us on behalf of the convicts, reason prevailed and the confirming authority commuted the life imprisonment to seven years. On a further review of the case the convicts were pardoned. As in the instant case, the authorities initially believed that soldiers had no right to protest against injustice”, he stated.

    The lawyer drew the attention of the military authorities to section 179  of the Armed Forces Act 2004 which permits a soldier, rating or aircraftman “to make a complaint to his commanding officer who is obligated to address the complaint. Under no condition shall  the complainant   be penalised for having made a complaint so far as the complaint does not contravene any provisions of the Act.

    “In this case, the complaint of the convicted soldiers pertaining to lack of adequate weapons to fight terrorism was made in accordance with the Armed Forces Act and the Constitution. In the circumstance, the charge  of mutiny is illegal and unconstitutional in every material particular. To buttress his argument, the erudite lawyer again  referred to the case of Cpl Segun Oladele & 22 Others v Nigerian Army supra, where the Court of Appeal held that:

    “Let it be said that members of the armed forces in this country have not denounced their membership of the  Nigerian society and it seems to me that they cannot do so in a manner calculated to jettison the provisions of the Nigerian Constitution, the grundnorm.  The members of the armed forces are not excluded from the application of the provisions of the Fundamental Rights the likes of right to life, right to personal liberty, right to fair hearing, right to freedom from discrimination etc.”

    Falana recalled that in the last three months, two sets of soldiers totaling 64,  were charged with conspiracy to mutiny and mutiny  before a court-martial which sat in Abuja.

    “The  “offence” proved against the accused soldiers was that they demanded for adequate weapons to fight the well-equipped and well-motivated troops of the dreaded Boko Haram sect. “Although there was no scintilla of evidence to substantiate the charge of mutiny  against them, the military judges  discharged and acquitted 12 of the accused soldiers  and convicted and sentenced 58 others to death.

    “As the verdict is characterised by gross miscarriage of justice, the defence team  has strongly urged the confirming authority to quash the questionable conviction and the sentence.

    “In challenging the death penalty imposed on the soldiers, some persons have defended the right of members of the armed forces to request for equipment in fighting the war on terror in the north east region. Piqued by the growing rejection of the death penalty by prominent Nigerians,  the military authorities issued an angry statement last week,  warning politicians and activists against  actions capable of inciting or endorsing indiscipline in the Nigerian Armed Forces.

    According to  the Director of  Defence Information, Maj.General Chris Olukolade,  the call became necessary in view of the statement credited to a politician that “ soldiers have the right to protest for the Federal Government’s failure to fully equip them”.  He advised those commenting on the matter to realise that the actions of the military authorities were justified in law.

    However,  a retired army general, Ishola Williams, has said that the convicted soldiers were right in disobeying orders that would lead to certain death as a result of the failure of their commanding officers to provide them the necessary equipment. The respected general  who was the Chief of Defence Operations, Planning and Training, at the Defence Headquarters, Nigerian Army before resigning in 1993 said that  “Those playing politics with the lives of these soldiers who were being sent to commit suicide in the name of fatherland and they refused, have to be ashamed.”

     

  • State electoral commissions must be properly constituted

    Evidence of Parties

    Alhaji Kashim Mohammed Mabo was the only witness called by the claimant. He adopted his two amended statements of witness on oath in which he affirmed the 4th defendant’s membership of People’s Democratic Party (PDP) i.e. the 9th defendant. According to Cw1, the 4th defendant’s membership of the 9thdefendant would not make him to be fair or be seen to be fair in the discharge of his functions as the chairman of the 3rd defendant. He stated further that if the 4th defendant was allowed to conduct the local government elections,the claimant would be highly prejudiced as he said the 4th defendant, as the chairman of the 3rd defendant, was still attending PDP political meetings both in Kabba and Government House, Lokoja. CW1 attested to the fact that the 4th defendant contested the primary election for the Kogi State House of Assembly held on 4/1/2011 on the platform of PDP (9th defendant). He testified to the fact that the 4th defendant flooded his Kabba/Bunu Local Government Area with posters to contest the said primaries which he lost by scoring only ten votes. Notwithstanding these facts, CW1 stated further that the 4th defendant was still re-appointed the chairman of the 3rd defendant as a way of compensating him. He describes the re-appointment of 4th defendant as irregular and unwarranted. He contends that the composition of the 3rd defendant, headed by the 4th defendant, a card-carrying member of the 9th defendant is unconstitutional, null and void.

    9. CW1 traced the political antecedent of the 5th defendant (Hon. David Apeh) from 1996 to date. He described him as an experienced, old, astute partisan politician and a card carrying member of the 9th defendant. The 5th defendant’s political exploits, according to CW1 included, chairman, Idah Local Government Council in 1996; chairman Ibaji Local Government Council under the Congress for the National Consensus, (CNC); member ANPP; General Manager, Environmental Protection Board of Kogi State (a reward of his political patronage of Prince Abubakar Audu, the first elected Governor of Kogi State); member PDP, where he was again rewarded with a political position as a member, Federal Hospital Management Board until he was appointed member of the 3rd defendant in 2008. He asserted that  the 4th – 8th defendants are members of 9th defendant, who according to him, have interest, inclinations, leanings, preferences and bias for their political associates and therefore, incapable of conducting free and fair elections. CW1 tendered the following documents.

    (1) Kogi State Independent Electoral Commission (SIEC) 2013 Local Government Election Time Table – Exhibit P1.

    (2) Kogi State Independent Electoral Commission Press Release dated 10th April 2012 – Exhibit P2

    (3) Kogi State Independent Electoral Commission Press Briefing dated 18/6/2012 – Exhibit P3

    Minutes of meeting at KOGSIEC held on 24/1/2012 – Exhibit P4

    Minutes of meeting of KOGSIEC held on 10/4/2012 – Exhibit P5

    Document titled; Adjustment of Local Government Council Election Date: A shift from December 8th 2012 – May 4th 2013 – Exhibit P6

    Peoples Democratic Party Result of State House of Assembly Primary Election 2010 – Exhibit P7

    Independent National Electoral Commission Report on PDP Primary for Kabba/Bunu House of Assembly Election dated 7/01/2011 Exhibit P8

    Letter of Resignation of Party Membership by Alhaji Adamu Ahmed Samari – Exhibit P9

    Letter of acceptance of Alhaji Adamu Ahmed’s resignation of Party membership of the 9th defendant dated 30/3/2010 – Exhibit P10

    Notice of Appeal in Motion KG/KK/17m/2013 dated 25th April 2013 – Exhibit P11

    Counter Affidavit of the 1st – 8th Defendants/Respondents dated 20th March 2013 – Exhibit 12.

    Solicitors’ Letter from Ocholi James (SAN) & Associates dated 26th April 2013 – Exhibit P13.

    Certified True Copy of Motion on Notice for interlocutory injunction filed at the Court of Appeal Abuja, No CA/A 197/M/2013c – Exhibit P14.

    Notice of Withdrawal of Party membership of Barr. Abraham Ayo Olaniran dated 6/1/2011 Exhibit P15

    And PDP Letter of Acceptance of Withdrawal of Membership – Exhibit P16.

    10. When cross-examined, Cw1 could not remember the date APC was registered. He, however, insisted that the merger of ACN, CPC and ANPP had materialised and that from the day APC was registered the three parties no longer existed as individual parties. His attention was, however, drawn to paragraph 18 of his 2nd witness statement on oath of 28th October 2013 where he stated that the merger of the three political parties was yet to materialise and that the right and liabilities of the claimants still subsisted. In answer to another question CW1 stated that the original claimants came to court in respect of the 4th May 2013 local government election. He stated further that the parties presented the names of their candidates to KOGSIEC for the election with the hope that the government would be sensitive enough to re-constitute it (KOGSIEC).

    11. At the commencement of the defence, Mr. P.A. Akubo, SAN, learned counsel for the 1st – 8thdefendants applied to tender some documents from the Bar, without any objection from Mr.Ocholi, SAN, learned counsel for the claimant and Mr.EmejeAruwa Esq., learned counsel for the 9th defendant. Other documents were also tendered. The documents are: Certified Trued Copy of Judgment of  Hon. Justice N.A. Ajanah in suit No HCL/57/2011             – Exhibit D1

    From 49 initiating contempt proceedings in  Suit No HCL/57/2011    – Exhibit D2

    Counter Affidavit in opposition to contempt proceedings  dated 25th July 2012                 – Exhibit D3

    Prerogative Writs for orders of Prohibition, Mandams

    AndCertiorari dated 24th October 2012 Motion No HCL/303m/2012     – Exhibit D4

    Kogi State Independent Electoral Commission Results  of May 4th 2013 Local Government Elections           – Exhibit D5

    Letter dated 26th March 2013 from Congress for Progressive Change (CPC) submitting list of candidates  for local government election  -Exhibit D6

    Thirteen Separate Letters dated 28th March 2013 from Action Congress of Nigeria addressed to Chairman, Kogi SIEC

    submitting in respect of Ibaji, Lokoja, Omala, Ofu, Bassa, Yagba West, Igalamela/Odolu, Kabba/Bunu, Ijumu,

    Okene, Yagba East, Olamaboro and Ajaokuta form 002 admitted and marked  -Exhibit D7AM

    Letter dated 25th March 2013 from ACN submitting names of the party’s chairmanship and councillorship candidates to the Chairman, Kogi SIEC with the attached lists.

    -Exhibit D8

    Letter dated 25th March 2013 from ACN submitting names of the Party’s chairmanship and councillorship

    candidates to the Chairman, Kogi SIEC with the

    attached lists                                                      – Exhibit D9

    Mr.Amoka Suberu the 8th defendant gave evidence for the 1st – 8th defendants. He adopted his witness statement on oath dated 4/2/2014 as his evidence. He denied ever being a member of the Peoples’ Democratic Party (PDP) at Lafia/Obessa ward, Okene Local Government Area. He also denied ever contesting election into the House of Assembly in respect of Okeneconstituency or any constituency for that matter under the platform of any political party. He further denied ever having any election case or cases at any election tribunal or Court of Appeal, Abuja as PDP candidate at all.

    12. The 8th defendant was aware that Kogi State Government invested enormous time and resources in order to see that the local government election conducted on4th May, 2013 succeeded. According to him; the 3rd- 8th defendants made adequate preparations to guarantee a free and fair local government election on 4th May, 2013. He stated that the 3rd – 8thdefendants were not interested in who won or which political party would win the election. The interest of the 3rd – 8th defendants,according to him,was to create an enabling environment for equal participation in the process by various political parties and their candidates. The 8th defendant denied the 4th, 5th, 6th and 7thdefendants membership of the 3rddefendant or any political party since becoming chairman and members of the commission.

    13. The original claimants, according to the 8th defendant, actively participated in the 4th May 2013 local government election. He stated further that the original claimants conducted their primaries, screened their various candidates and forwarded lists of their chairmanship and councillorship candidates to the 3rd defendant in respect of the 21 local government areas in Kogi State.

    14. The 8th defendant asserted that his appointment and that of the 4th 5th, 6th and 7th defendants were tenured and as such, none of them can be disqualified from holding offices as chairman and members of the 3rd defendant having not violated the terms of their engagement. He described the local government election of 4th May 2013 as the direct obedience to the judgment delivered on 20th December 2011 by the Chief Judge of Kogi State in suit No HCL/57/2011 (Exhibit D1) directing the 3rd defendant to fix a date for the local government election. He also referred to Motion No HCL/151M/2012 in which Isaac E. Ekpa Esq initiated contempt proceedings and even applied for bench warrant repeatedly against the 2nd – 4thdefendants in this case for failing to conduct local government election as directed in Exhibit D1. He also referred to Exhibit D4 in which the Action Congress of Nigeria, the original 1st claimant, and its chairman sought to compel the 3rd and 4th defendants to conduct local government election in Kogi State by way of judicial review or through prerogative order of Mandamus.

    15. The 8th defendant stated that the present claimant did not sponsor any candidate for the local government election which took place on 4th May 2013. He identified the 4th – 8th defendants as public officers whose appointments were made by the 1st defendant as part of official act in their normal course of duty and that a period of three months had elapsed between the times of the appointment of the 4th – 8th defendants and the time this case was instituted.

    16. When cross-examined by Mr.Aruwa, learned counsel for the 9th defendant, the 8th defendant stated that he was appointed a member of KOGSIEC in November 2008 and by 26th February 2014, other defendants and himself ceased from being members of the 3rd defendant. He described the ascription of membership of a political party to him by the claimant as a mix-up as, according to him, it was his cousin, Hon. AmokaIsah, who contested election into Kogi state House of Assembly in 2007 under the platform of ACN. According to him, his case went before election tribunal and the Court of Appeal. He stated further that it was that same Hon. AmokaIsah who was Special Adviser to Governor Ibrahim Idris, as he later decamped to PDP from ACN. At the 4th may 2013 local government election, which the 8th defendant described as the best election ever held, the 8th defendant stated that he was in-charge of Yagba West, Yagba East and Mopa/Amuro Local Government Areas where ACN and CPC won some councillorship seats.

    17. When cross-examined by Mr. James Ocholi, SAN, learned counsel for the claimant, he stated that he was appointed a member of the 3rd defendant commission on 26th November 2008 for a five-year tenure. In answer to a question, he stated that he did not know when the 4th defendant was appointed the chairman of the 3rd defendant as he said he didn’t go through his letter of appointment. He would also not know if the 4th defendant left office in 2011 to contest primaries in his constituency under the platform of the 9th defendant. In answer to another question, he stated that he left office along with the 4th – 7th defendants and handed over to their successors. He added that between 2008 and 2014, there was never a time the 3rd defendant had an acting chairman but he would not know if the 4th defendant maintained an unbroken chain of tenure as chairman of the 3rd defendant. While denying his membership of PDP, he said he could not speak for other members of the commission. The 9th defendant relied on the evidence of the 8th defendant and therefore called no witness.

    Written Addresses of Learned Counsel for the Defendants

    18. At the end of the oral evidence presented, learned counsel for the parties filed and exchanged written addresses on the order of this court. Mr. P.A. Akubo, SAN, formulates seven issues for determination.