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Category: Law

  • 2014: Year of judicial sledgehammer

    2014: Year of judicial sledgehammer

    The sacking of the governors of Adamawa and Taraba states, the attacks on judges in Ekiti State, the citing of former President Olusegun Obasanjo for contempt, the coming of Mahmud Mohammed as the 14th indigenous Chief Justice of Nigeria (CJN), the appointment of Justice Olufunmilayo Atilade to succeed her sister Justice Ayotunde Phillips as Lagos State Chief Judge and the death of frontline lawyer GOK Ajayi (SAN), among others, defined 2014.  ADEBISI ONANUGA, ERIC IKHILAE, JOSEPH JIBUEZE and PRECIOUS IGBONWELUNDU report.

    Tambuwal goes to court

    House of Representatives Speaker, Aminu Tambuwal on October 31, sued the Peoples Democratic Party (PDP), the Inspector-General of Police (IGP) and others at the Federal High Court, Abuja over the withdrawal of his security aides and threat to declare his seat vacant. Justice Ahmed Mohammed, on December 16, stayed proceedings in the case indefinitely pending the determination of an appeal filed against his ruling refusing the application for joinder by Chairmen of Kebbe and Tambuwal Local Governments in Sokoto State – Bala Konkani and Sambo Modo.

    Bankole freed

    Former House of Representatives Speaker, Dimeji  Bankole succumbed to emotion and wept on February 14 this year when the Federal High Court in Abuja  discharged and acquitted him of N874 fraud charge brought against him by the Economic and Financial Crimes Commission (EFCC). Justice Evoh Chukwu, in a ruling on a no-case submission by Bankole, held that the prosecution “failed woefully” to establish a prima facie case against the ex-Speaker.

    Adamawa’s Acting Governor sacked

    Justice Adeniyi Ademola of the Federal Hugh Court, Abuja on October 8 sacked Acting Governor of Adamawa State, Ahmadu Fintiri on the ground that ormer Deputy Governor, Bala Ngilari did not resign from office in accordance with the Constitution. In a ruling, Justice Adeniji held that Ngilari did not resign in accordance with Section 306 (1) (2) and (5) of the Constitution. The judge declared Fintiri’s occupation of the governor’s office as illegal and ordered the Chief Judge or President of the Customary Court of Appeal to swear in Ngilari.

    Taraba Acting Governor sacked

    The Supreme Court, on November 21, sacked the Deputy Governor of Taraba State, Garba Umar (who was also the Acting Governor). In a unanimous judgment, it declared that the process leading to the impeachment of his predecessor, Sani Abubakar Danladi, was unconstitutional. It voided Danladi’s impeachment and ordered that he be reinstated.

    Umar had been acting as governor since the October 25, 2012 plane crash that took Governor Danbaba Suntai out of circulation.

    Setback in Farouk Lawan, Emenalo case

    The over two-year-old trial of  Farouk Lawan and Boniface Emenalo, former Chairman and Secretary, House of Representatives Ad-hoc Committee on Fuel Subsidy Regime was stalled on November 18 when the erstwhile Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), Gudu, withdrew from the case following Lawan’s allegation that she was biased. Lawan and Emenalo were accused by the Independent Corrupt Practices and other related offences Commission (ICPC) of receiving bribe $620,000 from businessman, Femi Otedola, whose company was named in the petroleum subsidy controversy. The case would begin afresh before a new judge.

    Suits on Jonathan’s eligibility

    The Supreme Court, on December 16 faulted an appeal by a member of the Peoples Democratic Party (PDP), Umar Ardo, who sought to join a suit challenging the eligibility of President Goodluck Jonathan to contest next year’s presidential election. He had gone to the Supreme Court to challenge an earlier decision by the Court of Appeal in Abuja, which refused his application to be made a party in a pending appeal. Also, Justice Ahmed Mohammed of the Federal High Court, Abuja on December 16, fixed January 12, 2015, for ruling on whether or not to refer to the Court of Appeal, some questions raised  in a suit challenging the eligibility of President Goodluck Jonathan to contest  next year’s election. The judge has equally fixed January 15 for further hearing in another suit marked: FHC/ABJ/CS/661/2014 filed by Mase Acho, Sadeeq Sarki and Murtala Abubakar. They are also challenging the eligibility of President Jonathan and his deputy, Namadi Sambo to seek re-election next year.

    Diezani’s N10b jet hire probe

    The Federal High Court in Abuja on December 17 faulted the invitation sent to the Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, the Nigerian National Petroleum Corporation (NNPC) and some of its officials by a committee of the House of Representatives in its bid to investigate allegation that Mrs Alison-Madueke misappropriated public funds, estimated at N10billion, in hiring aircraft for her private use. Justice Ahmed Mohammed held that the House failed to comply with the legal requirement that it first publish its resolution to set up a committee to investigate the allegation in either its journal or the Official Gazette of the Federal Government.

    Five defecting governors

    Justice Gabriel Kolawole of the Federal High Court in Abuja struck out PDP’s suit seeking to sack the four governors who defected from the party to the All Progressives Congress (APC). The judge held that the suit’s originating processes were invalid, on the ground that they were wrongly issued and served on the defendants. The governors are former Adamawa State governor, Murtala Nyako (whose name was removed following his impeachment), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara).

    Obasanjo cited for contempt

    A High Court of the Federal Capital Territory (FCT) in Wuse Zone 2, Abuja on December 10 held that former President Olusegun Obasanjo was in contempt of court for flouting its orders restraining him from publishing his autobiography My Watch. Justice Valentine Ashi, in a ruling, gave Obasanjo 21 days (from the day of service of the court’s orders on him) to show cause why he should not be punished for going ahead to publish  the book, in spite of the ex-parte interim order made by the court on December 5 and a pending libel involving him (Obasanjo). Hearing in the substantive suit has been fixed for January 13, while Obasanjo has appealed.

    Tussle over Ojukwu’s property

    The Federal High Court in Lagos in January struck out a N100 million suit against the family of the late Ikemba Nnewi, Chief Chukwuemeka Odumegwu-Ojukwu. The suit was filed by Chief Debe Odumegwu Ojukwu, who claims to be the warlord’s first son. He sought the sum as damages for allegedly being excluded by some family members from participating in the burial rites of his late ‘father’. Justice Okon Abang held that the court lacked jurisdiction to determine whether or not the applicant’s rights were breached. The suit is one of several others over the late Ojukwu’s property.

     Autonomy for Judiciary

    The Federal High Court in Abuja nullified the disbursement of funds for the judiciary by the executive arm of government. A former Nigerian Bar Association (NBA) President, Mr Olisa Agbakoba (SAN) sued the Federal Government challenging the practice of passing funds for the judiciary through the executive. He had argued that the practice was in breach of Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution. Justice Ahmed Mohammed declared the practice unconstitutional.

    Bode George acquitted

    The Supreme Court quashed the conviction of PDP Chief Olabode George for corruption by a Lagos High Court. The court discharged and acquitted him on the basis that the EFCC had no evidence of his intention to commit fraud at the Nigeria Port Authority (NPA) where as chairman of the NPA board he was allegedly caught presiding over a contract bazaar that bled the nation. A panel of judges headed by Justice John Afolabi Fabiyi ruled that the charge of “contract splitting” was unknown to law.

    ‘Shell must pay’

    An Asaba High Court ordered Shell Development Company of Nigeria Limited (SPDC) to pay N305,637,381.60 as special and general damages to no fewer than 400 people in the fishing community of Okia in Burutu Local Government Area of the State. The money was special and general damages for the destruction of the plaintiffs’ properties and capital value for temporary loss of income in fishing rights. The plaintiffs averred that sometimes in August 1998, there was crude oil spillage from the defendants Forcados Offshore loading terminal, in which some barrels of crude oil spilled into the Forcados and Ramos rivers, spreading to Okia community and resulting in the extensive damage to fishing gears, ponds, farmlands, crops, fishing channels swamps, among others.

    New number-plate case

    The plan by the Federal Road Safety Corps (FRSC) to impound vehicles without the new number plates from October 1 crashed as the Federal High Court in Lagos declared the move unconstitutional. Delivering judgment in a suit filed by a lawyer, Emmanuel Ofoegbu, Justice James Tsoho held that the commission had no right to impose new number plates on motorists without an existing law to that effect. FRSC has appealed against the verdict.

    Sanusi’s cases

    The Federal High Court in Lagos awarded N50million damages to former Central Bank of Nigeria (CBN) Governor Sanusi Lamido Sanusi. Justice Buba held that his arrest and detention as well as the seizure of his international passport by security agencies acting for the Federal Government violated his right. In May, Sanusi won another major legal battle against the Federal Government as the court restrained the Financial Reporting Council of Nigeria (FRCN) from probing him. Justice Tsoho held that FRCN’s declaration in a Briefing Note dated June 7 and submitted to President Goodluck Jonathan was conclusive; therefore, it could no longer conduct any investigation on the same matter.

    Igbo discrimination against women smashed

    The Supreme Court voided the Igbo law and custom which forbade a female child from inheriting her late father’s estate. The court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Gladys Ada Ukeje (the deceased’s daughter). Gladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased’s father’s estate. Justice Bode Rhodes-Vivour held: “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate. Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.”

    Okada riders sue Lagos

    Operators of commercial motorcycles, popularly called Okada, under the All Nigerians Automobile Commercial Owners and Workers Association (ANACOWA), sued the Lagos State Government for N1 billion at the Federal High Court, claiming damages for alleged arrests, detention of their members and confiscation of their motorcycles without due process.

     Boko Haram members jailed

    The Federal High Court in Lagos sentenced three Boko Haram members to 25 years’ imprisonment each. The suspects were first charged with conspiracy to commit terrorism, illegal possession of firearms and being members of a proscribed organisation.

    They allegedly committed the offences on March 21, last year, at Plot 5, Road 69, Lekki Phase I Housing Estate, and No. 24, Oyegbeni Street, Ijora-Oloye, Apapa-Iganmu, Lagos.

    They were alleged to have in their possession three packets of explosive construction pipes, 15 detonators and 11 AK-47 rifles with 30 rounds of live ammunition. Other items also allegedly found on them include 200 rounds of 7.6mm calibre live ammunition, two suitcases containing explosives and a water container filled with explosives. The offences contravenes sections 13(2) and 17(b) of the Terrorism Act 2013 and Sections 1, 8, 27 (1) (a) and (b) of the Firearms (Special Provisions) Act, Cap F28, Laws of the Federation, 2004, and punishable under Section 8 of the same act.

    Court frees Ikuforiji

    The Federal High Court in Lagos discharged and acquitted the Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji, of money laundering charges. He was arraigned by the EFCC with one his aides – Oyebode Atoyebi. They were accused of receiving over N600million from the House between April 2010 and July 2011, without passing through a financial institution. Justice Buba, while ruling on a no-case submission made by the defence, held that the prosecution did not sufficiently prove its case against the defendants.

    AMCON vs Babalakin

    The Asset Management Corporation of Nigeria (AMCON) appealed against the ruling nullifying an order appointing Agbakoba as the receiver/Manager over the assets of Bi-Courtney Limited, its Chairman Dr Wale Babalakin (SAN) and three other companies.

    Justice Ibrahim Buba of the Federal High Court in Lagos held that the order by his colleague, Justice Okon Abang, was made in error. He said the order should not have been made when there were pending cases and subsisting orders on the same case.

    According to Justice Buba, the true facts were not disclosed to Justice Abang. “This court has no doubt it has been misled,” the judge held. Dissatisfied with the ruling, AMCON, through Agbakoba, filed a notice of appeal at the Court of Appeal sitting in Lagos based on four grounds, including that Justice Buba erred in law and misdirected himself when he heard and granted the oral application of lawyers to the Bi-Courtney Group to vacate the receivership, possession and freezing orders made by Justice Abang on September 22.

    Lekki toll suit

    Justice Saliu Saidu, on March 27, held there was no law backing toll collection on the Lekki-Ikoyi bridge. He delivered the verdict in a suit filed by human rights lawyer Mr Ebun-Olu Adegboruwa. The state has appealed the judgment.

    Fani-Kayode’s case

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos discharged and acquitted a former Aviation Minister Femi Fani-Kayode of 38 of the 40 count-charge of money laundering. On November 17, the judge held that the commission did not prove the other counts sufficiently. She partially upheld Fani-Kayode’s no-case submission and directed him to open defence in two counts (25 and 26).In the discharged 40-count charges, the former minister was said to have laundered about N100,219,500 by paying them into his account through an associate.Justice Ofili-Ajumogobia adjourned till February 23 and 24 next year for continuation of trial.

    Inquest on Synagogue building ‘collapse’

    The coroner inquest on the September 12 collapse of a Synagouge Church of All Nations (SCOAN) building generated headlines. Lagos State government on September 26 instituted the Coroner’s Inquest under the Lagos State Coroner’s System Law No. 7 of 2007 and appointed Chief Magistrate Oyetade Komolafe, to sit on the matter as the Coroner. The church and its founder Prophet T.B. Joshua filed a prohibition suit before a Lagos High Court presided by Justice Lateefa Okunnu, urging the High Court to issue “Order of Certiorari” to quash the inquest proceedings. The Federal High Court in Lagos had also dismissed a suit filed by a lawyer, Mr Olukoya Ogugbeje, seeking to stop the inquest.

    NBA vs CBN, EFCC

    The NBA won a major legal battle during the year under review as the Federal High Court in restrained the Federal Government, the CBN and the Special Control Unit against Money Laundering (SCUML) from enforcing the provisions of the Money Laundering (Prohibition) Act 2011 (MLA) against legal practitioners. Justice Gabriel Kolawole gave an order of perpetual injunction restraining the defendants from enforcing Section 5 of the MLA against legal practitioners.

    APC vs DSS

    Justice Mohammed Yunusa of the Federal High Court ordered the immediate release of five detained All Progressives Congress (APC) workers. He restrained the Department of State Security Services (DSS) from further arresting Chinedu Atuche, Fayemi Olaposi, Chika Augustine Onochukwu, Ebun Ilori and Esther Enemuwe, who were held since the DSS raided the party’s data centre on November 22. The court also ordered the DSS to unseal APC’s data office/warehouse located at 10, Bola Ajibola Street, off Allen Avenue, Ikeja, Lagos, forthwith. “A remand order is not issued indefinitely,” the judge said, adding that the DSS should have applied to a High Court within jurisdiction for a “review” of the remand order.

    Braithwaite’s N10b suit

    The N10 billion suit instituted by elder statesman, Dr. Tunji Braithwaite, against Standard Chartered Bank at a Lagos High Court also made headlines. He is challenging the construction of a 14 storey building with a multi-level car park opposite his residence in Victoria Island, Lagos.

    Rivers judicial crisis

    The Supreme Court dismissed three appeals filed by suspended ‘Chief Judge’ of Rivers State, Justice P. N. Agumagu. He was suspended by the National Judicial Council (NJC) following his controversial appointment by Governor Rotimi Amaechi. NJC said it did not recommend him for appointment. Agumagu had sought a judicial review of NJC’s decision. The crisis, coupled with workers’ strike, crippled judicial activities in the state.

     

    Other major developments

    G.O.K Ajayi dies

    Nigeria lost of one its greatest legal minds on March 28 when Godwin Olusegun Kolawole (GOK) Ajayi, a chief and one of the legal profession’s giants, who practised for 59 years, died in a Lagos hospital, aged 82. The late Ajayi represented the late Chief Obafemi Awolowo, the late Chief Moshood Abiola and the late Chief Gani Fawehinmi. He also handled landmark cases, including the deportation of the late Abdulraham Shugaba, the Second Republic Majority Leader of the Borno State House of Assembly, which he won. Tributes poured in following his demise. A former Attorney-General and Minister of Justice Chief Richard Akinjide (SAN) said Ajayi’s death was a great loss to the legal profession.

    Aturu dies

    One of Nigeria’s most prominent human rights lawyers, Bamidele Aturu, died on July 9 after a brief illness. He was known for his commitment to championing human rights and constitutionalism. He came to prominence as a fighter against power abuses when, as a member of the National Youth Service Corps (NYSC), he refused to shake hands with the military administrator of Niger State, Col. Lawan Gwadabe, in 1988 during a passing out parade in protest against military dictatorship. The late Aturu studied law at the University of Ife, and devoted much of his legal practice to representing marginalised or oppressed individuals and groups. His death came as a blow to many.

    Mukhtar retires, Mohammed steps in

    President Goodluck Jonathan, on November 20, swore in Justice Mahmud Mohammed as the 14th indigenous Chief Justice of Nigeria (CJN). He took over from Justice Aloma Mukhtar who retired at the statutory age of 70.

    Alegeh elected NBA President

    After a hotly contested election and intrigues over zoning of the presidency to the Southwest, Mr Augustine Alegeh (SAN) of the Midwest Bar was elected Nigerian Bar Association (NBA) president on July 15.

    Judges attacked in Ekiti

    Prior to the swearing-in of Ekiti State Governor Ayo Fayose, the group E-11 and others challenged his eligibility to contest the election. In a determined bid to stop the case from being heard, judges, lawyers, court officials, and journalists felt the brutality of thugs.

    The first attack occurred on September 22. Thugs allegedly loyal to Fayose invaded the Ekiti State judiciary headquarters where Justice Isaac Ogunyemi was to deliver a ruling on the case. The thugs beat workers black and blue while the presiding judge and lawyers had to run for dear lives. They smashed windows and furniture. On September 25, Fayose again led thousands of people and thugs into the High Court premises, beating and maiming the staff.

    Wali kidnapped

    Immediate past NBA President Okey Wali (SAN) was abducted in Port Harcourt on October 11 and released on October 23 after 13 days in captivity.

    History-making sisters

    Arguably for the first time in the history of the judiciary, one sister, Justice Olufunmilayo Atilade, succeeded her sibling, Justice Ayotunde Phillips, as the Chief Judge of Lagos. Justice Atilade was sworn in as the first female CJ on August 20 following her sister’s retirement on July 26.

    Abia finally gets CJ

    After operating without a substantive Chief Judge for a long time, Governor Theodore Orji swore in Justice Theresa Uzoamaka, who had been in office in acting capacity. She is arguably the first non-indigene to be appointed a Chief Judge.

    Lagos DPP appointed a judge

    Amiable and soft-spoken Lagos State Director of Public Prosecution (DPP), Mrs Olabisi Ogungbesan, was among those appointed judges of the Lagos State High Court. She played a major role in high-profile criminal trials such as those involving the late Kudirat Abiola, the late Abraham Adesanya, among others.

     

  • Lagos judges rise to 57

    Lagos judges rise to 57

    Barely 27 days after four judges were sworn into the Lagos State High Court, three were sworn in last week, bringing to 57 the state’s judges, reports ADEBISI ONANUGA

    Three new judges have been sworn into the High Court of Lagos, bringing to 57, the number of judges in the state, made up of 41 women and 16 male judges.

    The new judges, two women and one man are the former Director, Directorate of Public Prosecution (DPP), Olabisi Ogungbesan;  former Registrar of Titles, Adedayo Akintoye and a former Senior State Counsel, Obafemi Adamson.

    The state Chief Judge Justice Olufunmilayo Atilade admonished the new judges. “Your elevation to the high court bench is a call to service.  A vocation that demands your absolute commitment, dedication, honesty, loyalty and fairness at all time. Like every other judicial officer, yours is a sacred responsibility, a duty you owe to God and humanity.

    “Having come this far,  I have no doubt , the enormity of the task entrusted on you by this appointment, is without any ambiguity.‘’

    She continued: “I charge you, therefore, to live aboard board and to always conduct yourselves in accordance with the ethics of the profession. Let the oath of office which shall be administered unto you remain your guide as discharge your constitutional responsibilities. Not only must adhere strictly to the code of conduct of judicial officers as it is contained  in the schedule to the 1999 Constitution, you must also be morally upright and shun every act of corruption and all temptations that tend towards corrupt practices.

    “You must always endeavour to act in such manner as to inspire the hope and confidence of members of of the public in our judicial system.  Bearing in mind that the people are watching, and to whom much is given, much is expected. Let the fear of God be at the centre of your thoughts and activities always, acknowledging Him as the ultimate judge.’’

    Explained that the need to fill the vacancies at the High Court compelled the appointment of additional competent hands to serve in this capacity. She said this became necessary, taking into cognizance the peculiarity of the state; its vast human population and huge economic presence, which also reflected in the volume of litigations and cases filed on daily basis in various registries across the state.

    Expressing confidence in the new judges, she wished them well in their new assignments.

    Earlier, Governor Raji Fashola (SAN) also admonished the judges  to do justice to without fair or favour.

    He told the judges that as public property, they should “do justice only according to the law”.

    Pointing out that the world is  always changing, the governor counselled them to acquaint themselves with developments around them.

    “Your quest for knowledge must be unending. You must expose yourself to training locally and at international level to be able to deliver justice appropriately, he said.

    The governor reminded them that as members of the bench, there are things they can no longer do and thoughts they can no longer share with anybody.

    He pleaded for understanding from their families, friends and relations on their behalf when they do this.

    “A judge can get it wrong because a friend is involved,” he noted, reminding them that their duty as a judge  is to be fair at all times.

    The Attorney-General, Ade Ipaye, who introduced the new judges, said their appointment afforded the state to bring to the bench “a wealth of experience, scholarship, selfless service and rigorous work ethics”.

    He said these attributes imbued in the new judges would further boost the image and efficiency of the judiciary in the state.

    Ipaye said the judges, who were among the seven nominees whose names were initially sent to NJC,  merited the job.

    He assured the people of the state  that the new judges would give quality service like those before them.

    He said the NJC, having examined their qualifications, competence, experience and integrity, also found them worthy of the appointment.

    Ogungbesan graduated with LL.B   honours in 1982 from the University of London and was called to the Nigerian bar in July 1983. She worked in various capacities in the Ministry of Justice  of Bauchi, Oyo and Lagos states both in criminal prosecution and in defence of civil cases representing the government. In Lagos, Ogungbesan rose through the ranks from Principal State Counsel to become the DPP, the position she held till her new appointment. A thorough bred, disciplined and meticulous prosecutor, Ogungbesan has prosecuted and gained numerous convictions on behalf of the state government.

    Akintoye  obtained her LL.B from the University of Lagos in 1980 and was called to the bar in 1981. She worked briefly as a Legal Officer at Afribank Nigeria Plc in 1983 before joining the Lagos State Magistracy  in October 1985. She left the service to manage a legal practice in the United Kingdom in 1991. Justice Akintoye qualified as a Chartered Secretary and Administrator in London in 1988 before taking up an appointment at the Nigerian High Commission in London in October 2000, working directly with the High Commissioner. In 2002, she returned to legal practice in Lagos and joined the state Judiciary in 2005. He was appointed Deputy Registrar of Titles and rose to become the Registrar (an equivalent of Chief Magistrate 1), a position she held till her new appointment.

    As the Registrar of Titles, she effectively managed the computerisation of all land records held in the registry dating back to 1863. During her service in that department,  the Land Registry expanded to encompass a Mortgage Registry and an Acquisition/Excision Registry.

    Justice Adamson, on the other hand, graduated with a Bachelor of Law from the Ogun State University, Ago Iwoye in 1994 and was called to the bar in 1995. He began his career at Creeks & Shield Solicitors as a youth corps member. He was involved in many high-profile oil spillage cases, inspections and settlements.

    He also handled many criminal cases all of which were well defended. After his service year, he joined St. Francis Chambers, the law firm of the former President of the Nigerian Bar Association (NBA), Okey Wali (SAN).                                                                                                                                After the service year in Lagos, Justice Adamson practised with B.A. Shitta-Bey and Co. as an Associate and joined the service of the Lagos State government as a State Counsel in 2001. His first posting was to the Directorate of Citizens Right and was among the first set of mediators trained by the Department. He handled several mediations, human rights abuse, matrimonial cases, consumer protection, tenancy cases, most of which parties reached settlement.

    In 2002, he was seconded to the Lagos State Independent Electoral Commission where he was assigned the responsibility of supervising the production of the Local Government  electioneering materials for the  Lagos and was issued two commendation letters for his participation in the successful election of 2004 and also for representing the commission in the post-election period.

    In 2006, Justice Adamson was recalled to the Ministry of Justice and was posted to the DPP where he remained until his new appointment. He drafted the team that prosecuted the notorious Rev. King’s case, responded to the appeal of the defendant at the Court of Appeal. He has just completed the brief for filing at the Supreme Court on the matter.

    He also handled many high-profile cases while in the DPP. His diligence and resourcefulness and dedication to work earned him, “The most productive officer of the year award” in the senior staff category in 2011.

     

  • ‘Why conviction of 54 soldiers is unconstitutional’

    ‘Why conviction of 54 soldiers is unconstitutional’

    The recent secret trial and eventual conviction and sentence to death of soldiers by a military tribunal is unconstitutional, null and void. The trial and conviction should be assumed not to have taken place.

    The reason is plain enough: Section 36(3) of the 1999 Constitution mandatorily requires all criminal trials to be conducted in public and not in secret. The secret trial of these suspects, therefore, amounts to a gross violation of this mandatory constitutional provision.

    Let it be sounded out in crystal clear terms that section 36(3) of the Constitution falls under Chapter IV of the said Constitution,  which in turn has guaranteed certain inalienable rights termed fundamental rights. Superior courts of record in Nigeria, including the Supreme Court, have held that these rights are above the ordinary laws of the land, in this case, including military laws and rules. See Randome-Kuti vs. Attorney-General of the Federation (1985) 2 NWLR (Pt. 6) 211 SC; WAEC vs. Adeyanju (2008) 9 NWLR (Pt. 1092) 270 at 304 SC and Essien vs. Inyang (2012) All FWLR (Pt. 628) 951 at 967 CA, etc.

    More importantly, the Supreme Court in the fairly recent case of Nigerian Army vs. Aminun-Kano (2010) All FWLR (Pt. 528) 1805 at 1832 SC held in emphatic terms that the fundamental rights provisions of the Constitution apply to all Nigerians, including members of the Armed Forces, who are also entitled to the protection of the guaranteed rights!

    It is in the light of the above that I submit on most firm grounds that the secret trial and conviction of 54 soldiers by a military tribunal is null and void on the ground that it infringes on section 36(3) of the Constitution. Be it noted that this subsection has specifically outlawed secret criminal trials by a “court or tribunal.” A military tribunal, without any iota of doubt, is covered by these provisions.

    Finally, it will be idle to argue that failure by defence counsel to raise timely objection against the said trial will rob him of the opportunity to do so on appeal. In the first place, the right guaranteed under section 36(3) being fundamental, cannot be waived. Secondly, superior appellate courts of record in Nigeria have been consistent in annuling trials which offend the subsection, objection or no objection. See lavishly on this: Edibo vs. State (2007) All FWLR (Pt. 384) 192 SC, Onwubuya vs. Statw (2014) All FWLR (Pt. 742) 1700 CA and Okoro vs. State (2012) 1 SC (Pt. 1) 1 at 50.

    Head or tail, therefore, the trial, conviction and sentence to death of 54 soldiers by a military tribunal, in so far as it was done in secret, remains unconstitutional, null and void. I strongly believe the Court of Appeal will void the convictions.

     

    • Hon (SAN) is a Constitutional lawyer and author. 

  • ‘Some judges are lazy’

    ‘Some judges are lazy’

    AELEX Law Firm, one of Nigeria’s largest and successful commercial law firms, has marked its 10th Anniversary. In this interview with Legal Editor John Austin Unachukwu, one of the firm’s founding partners Mr. Soji Awogbade, speaks on the challenges of sustaining a large practice, legal  education, arbitration and sundry issues.

    What are some of the challenges in forming and sustaining a large law firm, such as yours, in Nigeria?

    Sustaining a practice of this size and at this level, particularly with your touted strengths, means that you have to keep adding to your skill sets, because you have to meet the needs of your clients.

    What we say to the clients as the basis of our initial decision to merge, was that we thought that the legal market required more skills sets than was resident in any of the existing firms. And if we were not going to fall into the trap of just growing by numbers and not skills set, then we had to do some integration along those lines, specifically.

    Coming along now, I think that we have made a difference to how the business of law is done. We probably are the only firm that still practises specialisms. Partners stick with what they are known for, and that seems to be the way to go.

     

    Does that really count for an industry that has become so diverse with practitioners expanding their skills and specialisations to embrace emerging markets and trends?

    Well, it is going to count more and more, because the size of the market that we service is expanding, the kind of investors coming into our market now are not doing so in briefcases or suitcases. They are coming with global establishments, wanting to take advantage of what the economy offers. To that extent, they are going to require not just legal services, but all sorts of services  to back them up. Because whether it is legal or physical constraints, they have to do some shopping here, which is in consonance with that development.

    What is difficult, is actually finding the skills.

    What do you mean?

    Our system has not completely escaped the concept of “My empire,” “Your empire”. The prevailing circumstances around here shows that by the time skill sets begin to mature in law firms with a need to up the antics, associates pack up and leave to set up shop else where.

    What is the place of one man practice in this scheme of things?

    Without disrespect to their readiness to take on tasks out there and face the world, I’d say most of them are unprepared for the level you and I are describing now. The level where a client says I need 20 people on a transaction. If you are a ‘one man’ firm, short of taking a holiday from other clients, how would you meet this demand? How are you going to get 20 people? This is the kind of Push and Pull that exist here.

    There is always going to be a market for boutique-sized type firms, who are smart enough to confine themselves to their areas of specialisation and strengths and sell out  other parts in which they do not have the required skills or expertise to other suppliers of labour or services. The fact remains however, that for you to be a full service law firm, you must possess the complementary qualities that make you one.

    How effective are our laws as   tools for economic developmet?

    Let’s face it,  this is the subject of a dissertation because first and foremost, you must ask yourself, is Nigeria constituted as an environment? Are the standards the same across board? What you may not get away with in Ogun State, you may likely get away with it in Imo State and this goes all the way across the country.

    Secondly, what is the process of law making in Nigeria? How reflective of our thinking are the laws? How dynamic are they to cater to realities around us? I agree that we are still young as a nation, but the same basic elements that other countries have used as touchstones for development are the same settings that we have right now.

    It is bound to be a collective decision to do things differently and to change things around here; at least to the best of our abilities, better than not trying at all. Many of us have given up trying while others don’t even bother trying.

    Have you ever heard one public official give you a coherent reason why the Petroleum Industry Bill (PIB) has not been passed into law? Not one! Instead of telling us what the problem is, they continue making one promise after another. In  other countries, a decent office holder would simply say “you know what, I can’t do this anymore, please appoint someone else to do it.” This is because, where he/she fails to do this, someone will ask for his head and before this machete-man comes, they’ll simply say, “I’m sorry I cannot deliver, here’s the job.”

    When you get to a society where no one asks you to account, no one audits what you do? you simply carry on with business as usual. This is the society we live in today and even the law isn’t sufficient to grapple with the challenges we face today.

    There have been concerns that despite some admissions into the partnership of the firm from within, no woman has been considered for such an elevation. Are the women falling short of the firm’s high standards?

    I assure you, that this would happen very soon. As a matter of fact, I can tell you for nothing that it nearly happened not too long ago, but the candidate left just about that time.

    That is the nature of the industry. Chances are, if I think I am good enough to stand on both legs, I’d simply ‘WALK’. We are used to these patterns in the professional services sector. We don’t expect anyone to plant themselves like a tree. However, at AELEX if you are very good, you may not be let off and that’s how you become a partner. This is the ordinary method by which this happens.

    When you are very good, you are spotted early and given responsibilities. If you are passionate and in love with the work you do and the achievements you’re making, you don’t just leave and walk away. You aspire higher and make better progress until you get to the top. So it is simply a coincidence of right time, right choice!

    What reforms would you suggest for legal education in the country to enable law firms compete favourably in the global legal market?

    The curriculum needs to be more streamlined. We must ensure that people are not studying law for the sheer heck of it. In the UK,  even as we speak, you don’t need a law degree to be a lawyer. There are other channels. And though these other channels mean harder and longer work, it is a choice that one has to make. By the time all of this hard work is done, the finished product would have been tried and tested either way.

    Here in Nigeria, students possess an examination mentality. We memorise, reproduce, and get a first class. You should come in here when I conduct interviews for first-class graduates for employment and you’d have a field day. Some of these graduates were forced to study law and as far as they are concerned, this obligation has been fulfilled. They have no passion for the law. During quantitative aptitude tests, first-class graduates fall flat on their faces. How would such a person solve problems? I have liabilities if I give wrong advice and I cannot take that risk.

    We must streamline our curriculum and teaching methods, to steer us away from rote learning. We need a country and a leadership that  knows what it really wants to achieve.

    Despite the introduction of fast- track procedures in our courts, the judiciary is overburdened and cases are still being delayed. The impact of this on foreign investments cannot be overemphasised. Is there any solution to this setback to justice delivery?

    The answer is supply and demand. I don’t go to court any more for these reasons. I haven’t been in a law court for the past 28 years. In any society where there are no consequences for anything, there will be trouble. The reasons that cases are adjourned are scandalous. The number of times they are adjourned is unearthly, usually at the drop of the heart. But guess why? We have so many lazy lawyers. Corruption is not the only issue plaguing our judicial system today. More often than not, it is the combination of one lazy lawyer and one lazy judge. A judge should be able to say, “No adjournment, I’m going on,” so that cases are resolved expeditiously, rather than give in to the whims and caprices of lazy and mischievous lawyers.

     

    Are you saying judges don’t do this?

    Only a few actually put their foot down against this indolent and ill-intended act. This is because there are quite a handful of lazy ones in the bunch. Every professional in Nigeria has five other engagements or businesses other than what they are paid to do; and judges are not exempted from this act. They are always in a hurry to leave the courts to go take care of other businesses – workshops, lectures, luncheons, meetings, and several other activities.

    Some of those appointed to the bench lose sight of the fact that when you accept to become a judge, you have made the decision to take yourself away from social scenes. You become dead to social activities. Most of them don’t realise what they set themselves up for and so they carry on with business as usual and this has its effect on our justice delivery system.

    With regards to corruption in the system, some judges go to the bench with set plans. They work to be posted to the right courts and would do anything to be posted to the right courts, and then they work to be assigned the right cases. A lot goes on; on this altar of justice as we call it. However, if you must resolve your disputes by litigation, then by all means go to court.

    Looking back to 2004, when the firm AELEX launched out, how does it feel to be marking the 10th anniversary?

    It sure feels good. The expression is that one couldn’t foresee what the nature of the journey would be, or forecast some of the obstacles we met along the way.

    Whether the vision was bold or brave, brash or rash, we couldn’t really say at the time. I have led a practice that was big, but it was never an integrated partnership, it just happened to be big in numbers. The difference with the Aelex partnership was the fact that we combined our strengths. Ten years later, we are still trying to acquire more skill set and that I think, is the nature of the development itself.

    Employees are known to work harder and give more in organisations where they consider themselves stakeholders of the business. What sort of structure does Aelex have to instil such confidence in its employees?

    When we started AELEX, it was very clear in our minds what we wanted to do, who we wanted to be and where we wanted to go. Starting with the name of the firm, Aelex, it is not the true name of any of the partners, though we all came from backgrounds where we had our names in the firm’s logo, etc.

    We were clear in our minds that it was not going to be, “my firm” or “your firm”. Rather, it would be a firm where you would come, prove yourself and grow up. This is the way we have kept it. We have made partners as we moved along. It is one place, where no one partner can sack an employee. By the time you are ripe for sacking everyone would have seen it.

    If you look at the way we appraise our people, it is almost a 360-degree thing. You cannot be that good and I would think that you are not good at all. I may not think that you are as good as my partner thinks you are, but that you are not good at all should not be the case. All of these kinds of elements we have eliminated at Aelex and so, it is not a firm where you can leverage on relationships with partners or anyone for that matter to rise to the top. It is also not a place where you can leverage on your gender. You have to roll up your sleeves and dig in the trenches with everyone else. This is one thing I think we have succeeded in establishing.

     How do you develop skills to cope the ever-changing legal environment?

    Truly, this is one thing we have been successful at, speaking of formal training and development. We are probably the leaders in what you may call, development spending. We invest massive alot of money on training and developing our team. Unfortunately, having regard to what I said before, there is no guarantee that these skills would remain with you, as they make their way out into the market and away from you, after these trainings. I think in this country, if you talk about a community called the ‘Aelex Alumni’, it is a substantial pool of very sharp minds; who have given themselves a brand in the market. That kind of value addition to the industry and market, is one of the significant achievements we can point to in the last 10 years.

    Do you think this will pave the way for a successful Arbitration practice in Nigeria?

    Arbitration is getting more and more grounded in Nigeria. First, the selection process is prolonged. It is much slower than the selection process of the courts, and it can set you back some huge sums. We are in a large arbitration at the moment; a process we kicked started one year ago, and we still haven’t moved. Beyond that, someone can still go to court to halt the entire process and there is little you can do about that at the moment, because access to justice must always be guaranteed. But if you do this in a few other jurisdictions, you will pay dearly for it.

    What I’m saying is that it is not always going to be the most appropriate solution, because if you are talking about judicial enforcement as a pronouncement, this is infinitely more powerful than an arbitral decision. Also, the simplification of an arbitral process, sometimes turns out to be an oversimplified process. Arbitration used to entirely time- efficient but today, the time is not that superior over litigation. Still, as with litigation, people make their choices with regards to these processes.

     

  • Commission launches complaints boxes in Lagos

    The National Complaints Commission (NCC) has launched complaints’ boxes in Lagos State.

    Launching the transparent boxes at its former office at the National Assembly Complex in Tafawa Balewa Square (TBS), Lagos, the Federal Commissioner, Funso Olukoga, said people could drop their written complaints  inside the boxes.

    He said the commission would look into the  complaints, adding that the boxes, which have the commission’s name inscribed on them, would be positioned in conspicuous locations  for easy access by people.

    Such places include: local council development authority (LCDA) offices, hospitals, eateries, airport, seaport, market places, and hotels.

    Although the commission resolved 754 cases this year compared to 338 the previous year, Olukoga said the commission could have performed better, but for ‘’recalcitrant respondents’’.

    Recalcitrant respondents, he said, constitute a challenge to the commission, adding that where it is faced with such respondents, the commission is empowered to issue summons against them.

    “When we issue summon, it becomes an offence for such respondents to stay away,”he said.

    “In the coming year, a lot is going to be done to ensure that recalcitrant respondents are sanctioned for not responding to invitations. We want to ensure that respondents realise that the commission has teeth and can bite.

    ‘’That way we hope more cases would be resolved when more respondents come forward,” he said.

    The commissioner said the Alternative Dispute Resolution (ADR) has helped the commission to resolve a lot of cases that hitherto would have gone to court.

  • Trial by an improper court or tribunal is a nullity

    Introduction

    An immediate display of the factual setting from which this case arose, at the threshold of this judgment, will, I believe, help depict the case in its correct context. The current Constitution of the Federal Republic of Nigeria came into force in 1999. Section 197 of the Constitution establishes for each State of the Federation.

    (a) State Civil Service Commission,

    (b) State Independent Electoral Commission                   and

    (c) State Judicial Service Commission.

    On July 10, 2010, the Constitution was amended. The amendment affected section 200(1), especially, as it relates to the qualification of members of the State Independent Electoral Commission.

    2. For reasons which shall become obvious in the course of this judgment, I should mention here, for record purposes that, when this action was filed, there were three claimants, namely Action Congress of Nigeria (ACN), All Nigeria People’s Party (ANPP) and Congress for Progressive Change (CPC), who shall, hereinafter, collectively be referred to as the original claimants. In the course of these proceedings, leave of court was secured to amend the claimants’ names to All Progressive Congress (APC), following what the original claimants called merger of the three political parties.

    3. Essentially, this action challenges the composition of the 3rd Defendant, Kogi State Independent Electoral Commission, (KOGSIEC), on the basis that its membership consists of persons who are members of the 9th defendant, People’s Democratic Party (PDP). It is the contention of the claimant that the 4th – 8th defendants, being members of the 9th defendant, are not qualified to hold positions as chairman (4th defendant) and members (5th – 8th defendants) of Kogi State Independent Electoral Commission (3rd defendant) hereinafter simply called and referred to as KOGSIEC.

    4. It is important to state here, as a background fact that this action was instituted when election into the local government councils in Kogi State was approaching. The claimant articulates its fears and apprehension over the ability of KOGSIEC to conduct credible, fair and free elections, having regard to its (KOGSIEC) composition. The fears are expressed in paragraphs 12, 13, and 14 of the amended statement of claim as follows:

    12.The 4th Defendant as a member of PDP can never be fair and/or be seen to be fair in the discharge of his function as Chairman of the 3rd Defendant likewise the 5th – 8th Defendants.

    13.The Claimants shall be highly prejudiced if the 4th – 8th Defendants are allowed to remain in that office to conduct the forthcoming Local Government Elections as a member (sic) of PDP which party is also in control of the 1st Defendant, and is sponsoring candidates to contest the election which the 3rd Defendant is to organise.

    14.The composition of the 3rd Defendant headed by the 4th Defendant is illegal; unconstitutional null and void.

    5. The claimant, therefore, seeks the following declarations and orders:

    (a) A DECLARATION that members of Political Parties registered in Nigeria are not competent and qualified to be members of the 3rd Defendant rather only men and women of integrity who are not partisan are entitled to be made members of the 3rd Defendant.

    (b) A DECLARATION that the 4th – 8th defendants are not qualified to hold any office of chairman and Members of the 3rd Defendant being members of Peoples Democratic Party (PDP).

    (c) A DECLARATION that the composition of the 3rd Defendant by the 1st Defendant with the Chairmanship and membership of the 4th – 8th Defendants is unconstitutional, illegal, null and void.

    (d) A DECLARATION that all the actions and steps taken by the 3rd Defendant with the 4th – 8th Defendants as Chairman and members of the 3rd Defendant are illegal, null and void owed to their qualification.

    (e) AN ORDER nullifying the appointment of the 4th – 8th Defendants as Chairman and members of the 3rd Defendant.

    (f) AN ORDER declaring all the action taken by the 4th – 8th Defendants as chairman and members of the 3rd Defendant as illegal, wrongful, unlawful, null, void and of no effect.

    (g) AN ORDER nullifying the composition and membership of the 3rd Defendant owing to the disqualification of the 4th – 8th Defendants as the Chairman and members.

    (h) AN ORDER directing the 1st Defendant to appoint persons of proven integrity who are not members of PDP or any other Political Parties as Chairman and members of the 3rd Defendant.

    (i) AN ORDER of perpetual injunction restraining the 4th – 8th Defendants from performing the functions of the Chairman and members of the 3rd Defendants and an order restraining the 1st& 2nd Defendants from recognising the 4th – 8th Defendants as Chairman and Members of the 3rd Defendant.

    6. In their further amended joint statement of defence, the 1st – 8th defendants deny that the 4th – 8thdefendants are members of the 9th defendant. They aver that, at the material time of the appointment of the 4th – 8th defendants as chairman and members of 3rd defendants (as the case may be), they were not and still not registered members of the 9th defendant or any other political party for that matter. It is stated in their pleadings that they are men of honour and integrity who are eminently qualified to be appointed into the respective offices they hold in the 3rd defendant and as such, their appointments remain proper, valid and lawful. The relevant facts in this regard are contained in paragraphs 7, 8, 9 and 12 of the further amended joint statement of defence, reproduced hereunder:

    7.The Defendants admit paragraph 6 of the Claim to the extent that the 4th Defendant is the Chairman of Kogi State Independent Electoral Commission (KOSIEC) and that he lives in Lokoja, Kogi State within the jurisdiction of this Honourable Court. All other averments in the said paragraph are denied and the Claimant is put to the strictest proof.

    8. The Defendants admit paragraph 7 of the Claim to the extent that the 5th – 8th Defendants are members of the 3rd Defendant and that they were appointed by the 1st Defendant. All other averments in the said paragraph are denied and the Claimant is put to the strictest proof.

    9.The Defendants admit paragraph 8 of the Claim to the extent that the 9th Defendant is a registered political party in Nigeria and had the right to sponsor candidates for the just concluded Local Government Election in Kogi State. All other averments in the said paragraph are denied and the Claimant is put to the strictest proof.  

    7. Similarly, the 9th defendant, in its statement of defence avers that the appointment of the 4th- 8th defendants is legal, proper and not in contravention of any law whatsoever. (See paragraph 7 of the 9th defendant’s statement of defence). The 4th – 8th defendants are also described in paragraph 8 of the 9th defendant’s statement of defence as “honest and respectable persons of high integrity who can be trusted to conduct a credible, free and fair election for Kogi state”. (Par. 8)

  • Nigeria doesn’t need crude oil to survive, says Agbakoba

    Former Nigerian Bar Association NBA President, Olisa Agbakoba  (SAN), has said Nigeria does not need crude oil to survive.

    He spoke at the launch of his firm’s Policy Dialogue Series as part of the rebranding  of the law firm from Olisa Agbakoba and Associates to Olisa Agbakoba Legal.

    He said the series is a platform by the law firm to discuss crucial national issues.

    Nigeria, he said, could overcome its economic challenges by adopting appropriate legal frameworks to drive the relevant sectors for national growth.

    Agbakoba said: “The solution to our challenges has to do with policy issues and the understanding of what law can do to identify money. Remember that in my specialty, which is shipping, I’ve pushed for two major laws: the Cabotage Act, because shipping is one of eight critical sectors supporting any economy. And the purpose of the Cabotage Act was to put Nigeria,  owners,  actors and players in the shipping industry first, and not last in their own country. No Nigerian vessel carry crude. So there are a lot of things: transportation, logistics, down streams, so many things.’’

    He said in 2004, the Chamber of Shipping and the Nigeria Indigenous Shippers Association calculated that the resource available in that sector was worth about N7 trillion and could create 10million jobs.

    The law, he said, had not been implemented to create a large industry.

    “When I came to Apapa 30 years ago, it was booming but today it’s all dead, nothing is happening. Then, you should go to crude oil itself. I was also instrumental in the Local Content Act, which in some ways has worked. But it’s still a long way to go. It’s only law that can identify the resources. So, Shell was invited to explore for crude, but the government does not understand that there is the Nigerian Maritime Administration and Safety Authority  (NIMASA)  law that localises 50 per cent of the oil resources to Nigerians. There are at least 30 by products from the production of one barrel of crude but Nigeria only takes four.’’

    On banking, he said, no indigenous bank plays a role in crude oil reserves. ‘’Shell will simply wire the money to their bank and they will later pay. So, it is like me keeping your money for you and wherever you want it, you tell me,’’ he added.

    He also said the insurance companies are dead. Thirty years ago,  he said, Marine insurance was big, with UNIK Insurance and Royal; you know, they are all dead now, because all insurance underwriting are done abroad.

    “Then, you talk about legal services; no Nigerian law firms actively, to my knowledge, are involved in matters relating to the energy sector. I am very happy that this has happened because it’s only when you have a challenge, that you think. So, I’d like oil to even go down to $20 a barrel, so that we can then say, you know, oil is no longer what keeps us,” he added.

    “ But if you don’t have an effective legal framework for land tenure, how can you do industrial farming? No governor, even the efficient Fashola, has an efficient land tenure system where land can be released for mechanized farming. So without mechanized farming, you can’t grow. Some countries like Greece depend only on olives, pasticcio tomato, pineapple, fruits, for their economy. So, law can play a very strong role in identifying sources of revenue, gas, for instance. Gas. The Indonesian Minister of Oil was telling our Nigerian Petroleum Minister that the money is   no longer in Petroleum, it’s in gas. But we can’t even legally enforce the gas flaring laws. Why that is so, I don’t know.

    “We have the Department of petroleum Resources, which is supposed to be the institution responsible for regulating the industry. It’s not working. We have MTN, that one is unbelievable. They come here, suck our resources.

    “ MTN makes more money than all  the  Nigerian banks put together. And they cart away all the money without any problem. Then they refuse to be listed on the stock exchange, and there is no legal framework that says you can’t do business in Nigeria unless you are listed. All it needs is an amendment to the Investment and securities Act, just one paragraph, so that MTN will be forced to declare its profit, rather than what it is doing  in collaboration  with and cohorts with a couple of Nigerians,’’ he said.

     

     

  • ‘Dissenting judgments should be encouraged’

    Address by Chief Folake Solanke (SAN) at the Special Valedictory Court Session for the immediate past Chief Justice of Nigeria (CJN) Aloma Mariam Mukhtar at the Supreme Court on November 20.

    Furthermore, the recognition of the equality of the Bar and the Bench is germane to the cordial relationship of the Bar and the Bench to promote an atmosphere of mutual respect and co-operation. The CJN has fully demonstrated her acceptance of that equality in all her activities on the Bench, in particular, as the Presiding Justice in the Ibadan Division of the Court of Appeal and as the CJN. I hereby urge all of us  to follow the CJN’s laudable example of courtesy and humility. Justice Crampton’s pronouncement herein-before quoted is so profound, that every lawyer should adopt it as a credo in his or her professional life.

     

    The Supremacy of the Constitution and the Law

    Having articulated the equality of the Bar and the Bench, I move on to the equality of the three arms of government to wit: the executive, the Legislature and the judiciary. The supremacy of the law is manifested in the fact that in the court-room, every one stands and bows before the Bench – “id est”: before the law. That is why I am always distressed and embarrassed when I see pictures of Chief Judges in the print media bowing before governors. A judge should stand ram-rod straight, chest out, look the governor in the eye with a smile and engage in robust handshakes. May be the governor should bow before the Chief Judge! This situation touches on the independence of the judiciary whose funding should be channelled, straight and direct to the judiciary from the Consolidated Revenue Fund under Section 167 of the Constitution of the Federal Republic of Nigeria.

    This week, it was reported in the print media that the Governor of Ogun State, Senator Ibikunle Amosun, had declared his intention to be the first state government to grant financial “autonomy” to the judiciary. Well, this is welcome news. Will this be the dawn of an era of judicial independence? We hope that this will happen soon in one of my two states of origin. “Deo Volente”.

     

    Dissenting Judgments

    Further, in this day and age, dissenting judgments are rare. The CJN was bold enough, as a Justice of the Supreme Court, to write a dissenting judgment in the Yar’Adua v Buhari election political appeal.

    With all due respect, Judges are hereby encouraged to follow the CJN’s example and write dissenting judgments when they have a cause to differ from the lead judgment. Every judge has the liberty to express his or her own individual opinion in a dissenting judgment. A judge does not necessarily have to follow the leader. Each judge has to follow the law and his or her own conscience. It is of no consequence whether the appeal is on election petition or any other “causa litis” (cause of litigation or action).

     

    Technicality must not defeat substantial justice

    Another dimension of the CJN’s courage is her declared opinion that judgments must be rendered to achieve substantial justice and that too much reliance should not be placed on technicality. Please, hear the CJN on technicaloity in the case of Maersk Line v Addida Investment Ltd6 as she declared:-

    “The judicial process malfunctions and is discredited when it is bogged down by technicalities and is manipulated to go from technicality to technicalities. That is why, at all times, the tendency towards technicality should be eschewed and the determination to do substantial justice should remain the preferred option and hallmark of our judicial system”.

    I respectfully invite all the honourable judges to go and do likewise.

     

    Inconsistencies in judgments of the Court

    It is extremely crucial that there should be consistency in the judgments of the Courts, particularly the Supreme Court which is the final Court of the land and the doctrine of precedents. Whenever a panel of the Supreme Court renders a judgment, it is the legitimate assumption of the lawyers and litigants that the entire judgment is that of the entire Supreme Court. Indeed, with all due respect, it is assumed that all the Justices of the Supreme Court, whether or not they were on the panel that rendered a particular judgment, are very much aware of the decision to be followed by the lower courts. As the Justices are in the same building inter-communication and conferences on all appeals should be attainable.

    The problem of inconsistency is quite acute in the Court of Appeal and the Federal High Court. The court of Appeal has Divisions in sixteen different locations. Thus, inter communication and conferences on appeals among the Divisions on decisions to be rendered are virtually impossible. The same goes for the Federal High Court in different locations. With profound respect, the judiciary has to attend to the huge problem of judicial inconsistency in order to preserve the reliability of the courts on the doctrine of precedents, id est: “stare decisis”.

    It is conceded however, that “as man is fallible, so are the thoughts of man,” which situation makes it possible for even the Supreme Court, and any other court, to make mistakes in judgments. When that error is detected, judicial action has to be undertaken in order not to perpetuate it. Thus, in the case of Adegoke Motors Ltd v. Adesanya, Oputa JSC also said in relation to the Supreme Court and the need to act in the interest of justice in relation to precedent:

    We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings, capable of erring. It will  certainly be short-sighted arrogance not to accept this obvious truth… This court has the power to over-rule itself… for it gladly accepts that it is far better to admit an error than to persevere in error”7.

    Nevertheless, judicial somersaults in judgments must be few and far between because judgments affect contractual and other transactions. Thus, judgments must inherently exhibit a high level of certainty, particularly the judgments of the Supreme Court – the apex of our court system.

     

    The Rivers State Judicial Impasse

    It is most disconcerting that the crisis in the Rivers State about the appointment of a Chief Judge has remained unresolved. This has led to the closure of the State High Court since June 2014. This situation is intolerable because we cannot have a state without the rule of law being administered by the judiciary. Indeed, “judex est lex loquens” (A judge is the law speaking). And Section 271 of the Constitution provides:

    “(1) “The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State”.

    Section 21(c) of the Third Schedule Part 1 of the Constitution provides thus:

    The National Judicial Council shall have power to:

    (c) recommend to the Governors from among the list of persons submitted to it by the State Judicial Service Commissions, persons for appointments to the offices of the Chief Judges of the States …”

    Consequently, the State Judicial Service Commission, the National Judicial Council and the Governor of the State and the State House of Assembly should find a way to resolve this dispute. The Chief Registrar should not be carrying out the functions of the Chief Judge. It is dangerous for the State High Court, to be under lock and key. Lawyers and litigants must have access to justice.  The calling of lawyers is the practice of law, particularly in the law-courts.

     

    Oral Advocacy

    It is to be noted that, although there has been a shift towards more written advocacy, the rules still allow limited periods of oral advocacy for counsel to highlight issues in the written address. It is my plea that the Courts should allow counsel to utilise the limited periods because oral advocacy has its merits. It has a rightful and historical place in the litigation process all over the world.

     

    Security of Judges

    Another huge problem for the judiciary is the issue of security. I will for ever remember my shock and consternation when I read in The Punch of Friday, September 26, 2014 that a High Court judge in Ekiti State – Justice John Adeyeye – had been physically attacked and “his robe torn”. It also reported that “the record book of the Chief Judge, Justice Ayodeji Daramola, was also torn into pieces by the thugs who also disrupted proceedings at the State Election Petitions Tribunal.”

    I was traumatised by this report. An assault on judges is an assault on the rule of law. That kind of bedlam can only lead to chaos and anarchy. The CJN has asked the Inspector-General to find the perpetrators of that scandalous assault and prosecute them. Such outrageous affront on the judiciary must not go unpunished because it would make judges extremely vulnerable, if would-be attackers feel they can get away with any kind of mayhem. A break-down of law and order must be avoided. We now await the result of police investigation and prosecution.

     

    The Inspector-General

    The primary duty of the judge to see that justice is accomplished in all situations, encompasses the fact that the Nigeria Police Force, which is an institution created in Section 214(1) of the Constitution must be encouraged to discharge its functions. The section reads:

    “There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof”.

    We also have the Police Act which defines the work of the police thus:

    Section 4:

    “The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or without Nigeria as may be required by them by, or under the authority of, this or any other Act”.

    The police force being a constitutional body, must be allowed to perform its duties to wit: to conduct investigations of alleged acts of misconduct – their legitimate function under the law. The same goes for the Economic and Financial Crimes Commission (EFCC).

    Furthermore, there is a crying need for court judgments to continue to order the police not to disrupt non-violent demonstrations. The “Bring Back our Chibok girls campaign” peaceful protest was stopped again on Tuesday, October 14 in Abuja. I ask: When will the police stop these affronts on the Constitution which created the police force? With all due respect, I hereby remind the Inspector-General of Police of Section 40 (right to peaceful assembly and association) and Section 41 (on right to freedom of movement) of the Constitution. The police must respect and uphold the Constitution and not act in sabotage of it, notwithstanding the fact that police work is difficult and fraught with danger.

     

    The use of obiter dicta

    There are myriads of problems which now assail the country. Judges need to employ the use of “obiter dicta” to draw our attention and that of the government and the legislature to them. It is trite to say that judges are to interprete the law and not make them. However, they should use the obiter dicta more often. Such obiter dicta may become the subject-matter of new legislations, thereby creating a body of judge-made laws.

     

    The CJN’s journey to the apex court

    It ought to be recalled that the CJN has demonstrated a high level of courage in her judicial career. Obstacles have come her way on the way to the apex of our legal system. The CJN surmounted them with grim determination and confidence in her destiny. Indeed, the CJN is a person of promise and destiny which the Almighty God has helped her to fulfil. Praise God. Alleluyah!

     

    The two most important judicial positions

    As we know, the president of the Court of Appeal is a female8 Thus, the female gender now occupies the two most important judicial positions.  Further, the Hon. Justice Rosaline Bozimo is the Administrator of the National Judiciary Institute. This is a staggering development. Let us make the best of it. However, it must be emphasized that this is without prejudice to the fact that the Bench must be populated by both genders which make up the society.

    It remains for me to congratulate the CJN for all that has been accomplished during her tenure in order to leave the judiciary in a better shape than when the CJN assumed office. This remedial effort must continue in order to restore the aura, dignity, respect and confidence in the judiciary. The National Judicial Council will, no doubt, continue the cleansing process. We wish the in-coming CJN every singular good fortune.

    CJN, please stay well and be happy “Deo Volente”.  A prayer is a universal “desideratum” and this court is a temple. We all need prayers, so, please permit me to end with a prayer for the CJN thus:-

    May God: be near you to defend you, within you to refresh you around you to preserve you before you to guide you, and above you to bless you. Amen.

    May God bless Nigeria. May God heal Nigeria. Amen.

    I rest my speech and thank this august assembly for your attention.

     

    • Concluded

     

     

  • Jail breaks: Lawyers urge FG to rehabilitate prisons

    Jail breaks: Lawyers urge FG to rehabilitate prisons

    Some lawyers in Lagos on Monday urged the Federal Government to rehabilitate prisons in the country to prevent recurrent jail breaks.

    The lawyers, in an interview with the News Agency of Nigeria (NAN) in Lagos, decried the deplorable state of most prisons in country, blaming this for the recent jail breaks.

    NAN reports that jail breaks were recently recorded in Lokoja, Ado-Ekiti and Minna in the months of November and December, respectively, thereby raising public concern.

    Chief Felix Fagbohungbe (SAN) blamed the spate of jail breaks in the country on the long neglect by government of the prison system.

    According to him, the prisons were set up as rehabilitation centres and therefore deserve adequate attention of government.

    Fagbonhungbe said that most of the prisons were built many years ago and currently were populated beyond their capacity.

    “Some of these prisons have old structures and were built years ago with minimal capacity; but as time progressed, the number of criminal cases increased, and so also the same number of inmates.

    “The prison system has completely been abandoned by the government; they are overcrowded and the inmates are not given the necessary attention.

    “The prison structures in place are in a bad shape; a prison that was built for about 500 inmates now accommodates over 1,000 inmates.

    “There is no discipline in the prison; the warders are not motivated in terms of remuneration, and so, even the inmates give stipends to these warders who allow them have their way in custody.

    “It therefore follows that there is a need to rehabilitate the prison system to improve its standard.
    “There is also the need to relocate some prisons so as to cater for the growing population of inmates,’’ he said

    Fagbonhungbe said that it was imperative to separate convicted criminals from those awaiting trial, in a bid to avoid breeding more hardened inmates, and forestall incidences of jail breaks.
    “Although the prison is not a place of rest, it however requires certain minimum living standard for its inmates,” he said.

    In the same vein, another lawyer, Mr. Emeka Etiaba, urged magistrates to carry out routine visits to the prisons, and conduct summary trials for inmates charged with minor offences.

    He deplored the use of mobile phones by inmates in prison, contending that this was a major factor which enhanced jail breaks.

    “One of the worst things that have happened to our prison system is allowing prisoners use mobile telephone.

    “When you visit the prisons, you find these prisoners using telephone and that is why it is so easy for them to communicate with those with whom they plan these jail breaks.

    “In a bid to forestall these incidences, there is the need to ban the use of telephones in prisons and also modernise the prison to take care of security lapses.

    “Some of these prisons were constructed before the Second World War.

    “There is also a need to have more armed personnel guard the prisons; when you visit the prisons, you find few warders, and these can hardly stop any organised force from invading the prisons,’’ Etiaba said.

    According to him, there is also the need to decongest the prisons and ensure adequate consideration for the prison staff.

    “You find that in a prison with a capacity of 1,000 inmates, there are about 3,000 and out of this number about 97 per cent are awaiting trials.

    “So, if we must forestall jail breaks, there must be a decongestion of the prisons,’’ he said.

    In his remarks, Mr. Spurgeon Ataene, believes that jail breaks were an offshoot from the unpalatable condition of the prisons in the country.

    “There are dilapidated structures in the prisons and these structures have been there for several decades.

    “The prison system is supposed to be under the Federal Ministry of Interior, and so there should be budgetary allocation to expand and rehabilitate the prisons.

    “The use of phones by inmates in custody is one of the major causes of jail breaks in the country.

    “Some of these prisoners’ hatch their plans while in custody, through the use of these mobile phones.

    “if there are no telecommunication system for these prisoners, how can they hatch such plans in custody?

    “I think these inmates are being over indulged by the warders, and this should be a source of concern,’’ he said.
    Ataene, therefore, called on the government, to put in place adequate measures to reposition the prison system in the country

     

  • Osinbajo: Legal giant on political turf

    Osinbajo: Legal giant on political turf

    As the Attorney General of Lagos State, Prof Yemi Osinbajo, who many of his former students describe as ‘an intellectual giant’, exhibited his mastery of the Law and commitment to due process, rule of law and true federalism in the many constitutional and precedential cases he argued before the Supreme Court. ERIC IKHILAE reports.

    Yemi Osinbajo, a Senior Advocate of Nigeria (SAN) and a professor of law, was the Attorney-General (AG) and Commissioner for Justice in Lagos State during the tenure of  the Governor, Bola Tinubu.

    The preponderance of opinion is that he is a man of great erudition and high intellectual standing; a rare soul imbued with integrity and yet humble, in spite of his many accomplishments, in a society that revels in vain glory.

    The former Law teacher at the University of Lagos (UNILAG) was not well known  when he served  between 1988 and 1992 as  Special Adviser to then Minister of Justice and Attorney-General of the Federation, Prince Bola Ajibola (SAN).

    He became the face of law in Lagos where, during his tenure as the Attorney-General  and Justice Commissioner (1999-2007),  he introduced major reforms that catapulted the state’s Judiciary to its current enviable height that it now serves as a reference point in judicial efficiency in the country.

    His appointment as Attorney-General, it was learnt, was informed by his  reform-minded contributions to the justice sector while he served in 1999, as member and Secretary of a Think-Tank and Transition Work Group, a body set up by then newly elected Governor Tinubu, to deliberate on strategies for transition from military  to democratic government in Lagos State.

    In Prof Osinbajo’s  years as Lagos AG, the state engaged in many legal battles with the Federal Government  then headed by Chief Olusegun Obasanjo,  generally seen as having no regard for due process and the rule of law.

    In being convinced that due process and rule of law  cannot be divorced from governance, Osinbajo, with the backing of his governor, found his state always in court with the Federal Government. To his credit, the state won most of the cases.

    One of such was the suit marked:  SC.353/2001 between the AG, Lagos and AG of the Federation. It was instituted in 2001 by the Lagos State Government to, among others, challenge the constitutionality or otherwise of the Urban and Regional Planning Act, 1992.

    The Federal Government had sought to rely on the law to sell off some of its property in Lagos without any recourse to the state government.  Issues raised for determination  in the suit included:

    *Whether Urban and Regional Planning (Town Planning) as well as the regulation of physical development in relation to any land in Lagos State were within the legislative and executive jurisdiction of the Federal Government.

    *Whether the Urban and Regional Planning Decree No.8 of 1992 is inconsistent with the provisions of Sections 4 of the 1999 Constitution, therefore unlawful, null and void.

    *Whether the ownership rights of the Federal Government over land in state territories include the power to control and regulate town planning and physical development in relation to such lands.

    *Whether all approvals, permits, and licenses granted by the Federal Government or any of its agencies for any construction, building or physical development or use of Land in Lagos State without the consent of the state government are illegal, null and void.

    In its judgment on May 13, 2003, the Supreme Court held that the state government possessed control over the physical planning and developmental control within their territory. It also held that all development permits issued by the Federal Government to the buyers of its properties in Lagos from 1999 to that date subsisted, but henceforth, owners of such properties must obtain relevant permits from the state government.

    The judgment gave the Lagos State government the authority to  impose all compartments of levies on the Federal Government Lessees (those who bought Federal Government’s property).

    Prof Osinbajo also led the Lagos team in the celebrated case over control of natural resources located within the Continental Shelf of the country. The dispute was between the Federal Government and the eight littoral states of Akwa Ibom, Bayelsa, Cross-River, Delta, Lagos, Ogun, Ondo and Rivers States in relation to the southern (or seaward) boundary of each of these states.

    The Federal Government, in the suit  marked: SC28/2001, which it initiated at the Supreme Court in 2001, argued  that the southern (or seaward) boundary of each of the states is the low-water mark of the land surface of such state of the seaward limit of inland waters within the state, as the case so requires.

    It contended that natural resources located within the Continental Shelf of Nigeria are not derivable form any state of the Federation, a position countered by the eight littoral states.

    The suit sought “a determination of the seaward boundary of a littoral states within the Federal Republic of Nigeria for the purpose of calculating the amount of revenue accruing to the Federation Account  directly from any natural resources derived from that state pursuant to Section 162(2) of the Constitution of the Federal Republic of Nigeria 1999.”

    Justice Michael Ogundare, who read the lead judgment on April 5, 2002, held that “the seaward boundary of a littoral state within the Federal Republic of Nigeria for the purpose of calculating the amount of revenue accruing to the Federation Account directly from any natural resources derived from that state pursuant to Section 162(2) of the Constitution of the Federal Republic of Nigeria 1999 is the low-water mark of the land surface thereof or (if the case so requires as in the Cross River State with an archipelago of islands) the seaward limits of inland waters within the state. And this shall be my judgment in respect of plaintiff’s case.”

    Prof. Osinbajo also led the Lagos team in the suit marked: S.C. 70/2004 between the AG, Lagos State and AG of the Federation instituted in 2004 by the state government to challenge the directive by then President Obasanjo to the effect that statutory allocation to states that created local governments, be withheld by the Finance Minister.

    President Obasanjo had, in a letter dated April 8, 2004 addressed to the Minister of Finance, Mrs. Nenadi Usman, faulted the decision of some states that conducted elections in newly created local government without waiting for the National Assembly to include such new local governments in the Constitution as required under Section 8(5) of the Constitution, and that of those that have refused to establish the “State Joint Local Government Account.”

    For those who conducted the election, President Obasanjo directed that “no allocation from the Federation Account should, henceforth, be released to the local councils of the above-mentioned states and any other state that may fall into that category, until they revert to their constituent Local Government Areas as specified in Part I of the First Schedule to the Constitution.”

    For those yet to create the joint account, the then President also directed that: “All states should be requested to submit evidence that they have established State Joint Local Government Account in compliance with Section 162-(6) of the Constitution and also determined the basis for sharing allocations from the Federation Account due to their constituent Local Government Areas.

    “In addition, they should also submit evidence of payment of state allocation into the State Joint Local Government Account, to enable payment of allocation to the Local Government Areas of each state from the Federation Account to the Joint Account.”

    Dissatisfied with these directives, the Lagos State Government sued the Federal Government at the Supreme Court. While Prof Osinbajo conducted the case on behalf of his state, Chief Afe Babalola (SAN) led the Federal Government’s team.

    In its judgment on December 10, 2004, the Supreme Court ruled in favour of  Lagos State.  It held among others, that it was wrong for the Federal Governemnt to withhold statutory allocations due to the states under any guise.

    The court also faulted the Federal Government’s position that the Local Governments created in Lagos were illegal. It held that they were legitimately created, but remain inchoate until the National Assembly plays its part as stipulated under Section 8(5) of the Constitution.

    The then Chief Justice of Nigeria (CJN), Justice Mohammed Uwais, who read the lead judgment granted the reliefs sought by the plaintiff. “To sum up the plaintiff’s action succeeds, all the reliefs sought are granted, but applicable only to the 20 Local Government Areas specified in Part 1 of the first Schedule to the Constitution.”

    The apex court held “the president has no power vested in him (by executive or administrative action) to suspend or withhold for any period whatsoever the statutory allocation due and payable to Lagos State Government pursuant to the provision of Section 162 (5) of the 1999 Constitution but in respect of the 20 Local Government Areas for the time being provided by Section 3 subsection (6) of the Constitution and not the new Local Government Areas created which are not yet operative.”

    It  declared  that “the intention or proposal of the Federal Government to suspend or withhold for any period whatsoever the statutory allocation due and payable to the Lagos State government pursuant to the provisions of Section 162 (5) of the Federal Republic of Nigeria 1999 will if carried out be unlawful and contrary to the provisions of the said Constitution” is granted subject to the statutory allocation relating to the 20 Local Government Areas for the time being recognised by Section 3 subsection (6) and Part I of the First Schedule to the Constitution.”

    The court made a consequential order compelling the defendant (Fed Govt) to pay immediately all outstanding statutory allocation due and payable to the Lagos State government pursuant to the provisions of Section 165(5) of the Constitution of the Federal Republic of Nigeria, 1999, ”This is granted in so far as it relates to the 20 Local Government Councils for the time being recognised by Section 3 subsection (6) and Part I of the First Schedule to the Constitution.

    It further granted an “order of perpetual injunction restraining the President of the Federal Republic of Nigeria, or any functionaries or agencies of Executive Branch of the Federal Government from doing anything whatsoever to suspend, withhold, for any period whatsoever or calculated to suspend or withhold any monies due and payable to the Lagos State government pursuant to the provisions of Section 162 (5) of the Constitution of the Federal Republic of Nigeria.” This is granted in so far as it applies to the 20 Local Government councils for the time being recognised by Section 3 subsection (6) and Part I of the First Schedule to the Constitution.”

    Prof Osinbajo led the prosecuting team when the state decided to prosecute former Chief of Army Staff, General Ishaya Bamaiyi; former Chief Security Officer to the late General Sani Abacha, Major Hamza al-Mustapha; his son, Mohammed Abacha; Chief Superintendent of Police (CSP) Rabo Lawal among others for alleged criminal offences during the military era.

    He was instrumental in the prosecution of the suit brought against British -American Tobacco Nigeria Ltd (BAT), International Tobacco Limited and four others on the ground that  they were allegedly targeting young and underage persons in their advertising and marketing in spite of the obvious knowledge of the adverse effect and severe health implications of their products.

    For eight years while he handled the prosecution, the defence did all they could to frustrate the progress of the case. They preferred to remain in custody than stand trial.

    As the Lagos AG,  it was not all about litigation for Prof Osinbajo, he established the Office of the Public Defender (OPD) in 2003 to provide free legal advice and representation to indigent or disadvantaged citizens of the state in criminal and civil cases.

    He also aided the establishment of the Citizens Mediation Centre (CMC) in Lagos to provide a non-adversarial forum for the mediation and settlement of a wide range of disputes between parties who, on invitation, voluntarily present themselves for mediation at the Centre.

    Many of his former students have vowed for his high intellectual standing, integrity and humility. Joseph Nwobike a Senior Advocate of Nigeria (SAN) and private legal practitioner; Wahab Shittu, a law lecturer and Richard Okechukwu, an Abuja-based lawyer, are unanimous that the APC took the right decision in nominating their former teacher as its Vice Presidential candidate.

    Nwobike said: “Prof Osinbajo will bring clarity of thoughts laced with deepness and moderation of consideration into the decision making process of the campaign team and government, if his team forms government next year.

    “But whether the foregoing will be translated into any form of electoral capital will become clearer as we gravitate towards the general elections next year. As my former teacher, I cannot but wish him all the best.”

    According to Shittu, Osinbajo made tremendous impact on his students.

    “He was my lecturer in the Law of Evidence, who made tremendous impact on the entire class for his sheer brilliance and mastery of the subject. Prof. Yemi Osinbajo (SAN) would come to class armed with just a pen and take on the whole class for nearly three hours, making copious references to authorities and cases off hand, with uncommon exactitude that can only be associated with his rating as a genius.

    “I knew that a fresh insight was about being introduced to the political space- an element capable of changing the political equation in our country forever. I have always been excited at the prospects of our politics being dominated by the power of ideas, power of action, and ability of the power of ideas and power of action to be galvanised into concrete policies and laws for the transformation of our country. The entry of Prof. Yemi Osinbajo (SAN) indeed, represents a positive beginning in the realisation of these ideals.”

    Okechukwu said he was elated when the APC settled for his former lecturer as its candidate. He said he is convinced that the time was now for every Nigerian, who desires change to stand up and support “this man, who is one of the best brains this country has.

    “We hope the electoral umpire will conduct a free and fair election so that the people could be exposed to good leadership. I have no doubt in my mind that Prof Osinbajo will do all of us proud if voted into office. He is, indeed, one of the few good ones who we can trust. You saw what he did in Lagos Judiciary, which is now a reference point to all,” he said