The Nation Newspaper

Category: Law

  • Lagos gets new DPP

    Lagos gets new DPP

    The Lagos State government has appointed Mrs. Idowu Alakija as  Director of Public Prosecutions (DPP).

    Her appointment followed the  elevation of the erstwhile DPP, Mrs. Olabisi Ogungbesan as a Judge.

    Mrs. Alakija was born into the renowned Akerele family of Lagos State on February 24, 1959.

    She attended St. Mary Private School, Ajele, Lagos State, Queens College, Onike Yaba, and Lansdowne Tutors London.

    She completed her Degree in Law, L.L.B. at University of Lagos, Akoka and was called to the Nigerian Bar in 1984.

    She also obtained an L.L.M. degree in Commercial and Corporate Law at Queens Mary & Westfield College University of London in 2000.

    She has since attended numerous law-related courses at several institutions which include International Law Institute, Washington D.C. and Harvard University, Boston amongst others.

    She was a consultant to the U.N.D.P, Ghana on Alternative Dispute Resolution. She is presently a focal person for Lagos State on the UNODC Judicial Reform Project. She is a member of International Association of Prosecutors and the International Bar Association.

    She is also an Associate Member of both the Institute of Taxation and the Chartered Institute of Mediators & Conciliators. She was an Awardee of Lagos State Award of Excellence in 2003.

    Mrs. Alakija has served Lagos State in several capacities. She was the pioneer HEAD/ DIRECTOR Citizens Mediator Centre Lagos State, a position she held before assuming her present position as a Director in the Directorate of Public Prosecutions.

  • As APC seeks to outflank PDP

    As APC seeks to outflank PDP

    The emerging political behemoth, the All Progressives Congress (APC) has every cause to celebrate the successful poaching of five governors, and their electoral worth, from the troubled behemoth, the Peoples Democratic Party (PDP). Many have argued that the country is approaching a state of balance of political terror, with two strong political parties as contenders. That may even prove more correct as far as our country’s political fortunes are concerned, unless the new APC is able to engage in Pauline conversion of the strange bed fellows that it has welcomed to its fold. Of course, the wish of this column that the APC will engage in bottom up expansion of membership based on defined ideology has suffered another major set back, with last week’s development.

    But building ideology based political parties is not completely a lost cause. After all who could have contemplated the possibility that through deft political maneuver, the leadership of three completely diverse political parties, at least as far as public perception is concerned, namely the All Nigeria Peoples Party, Congress of Progressive Change and the Action Congress of Nigeria, with a stump of All Progress Grand Alliance, could agree to collapse their structures to form a single political party, the APC. While commentators were still relishing that unprecedented political feat in our country, the APC leadership has again boldly struck a severe blow on the over confident PDP by appropriating a sizeable chunk of its sagging bulk, to add to its own already bulging weight.

    So I join other Nigerians to invest hope that the leadership of the two major political parties, particularly the new APC would sit down, to draw programs that is in accordance with the provisions of chapter II of the 1999 constitution – fundamental objectives and directive principles of state policy. With the tantalizing possibility of gaining power by the APC and the sobering possibility of losing power facing the PDP, there is a huge chance, that the two major political parties, the APC and PDP may begin to context for power based on ideas instead of manipulation as in the present. The new APC or even the PDP can boldly tantalize the electorate by promising to make chapter II of our constitution justiciable, that is, enforceable against the Nigerian state in the same manner as the provisions of chapter IV of the constitution, dealing with the fundamental rights of any person living in Nigeria.

    As Nigerians celebrate the reduction in the potency of the PDP to abuse its privileges, with the emergence of an expanded APC, let me yet again, rehash my prayers, in my piece on this page on August 6, titled: congratulations to APC, “as we relish the possibilities with the new party, it is of paramount importance, in my humble view, for APC               to immediately define its position on those national issues that has held our country down. For instance what is the position of the party on access to quality education, employment and housing? What will the party do with our lopsided federation, with regards to the ownership of natural resources, national infrastructure, federation account and cost of governance, police and the so called indigenship?”

    The new APC will need courage and plenty sagacity to deal with the challenges of helping to remake Nigeria, particularly with the nature of its present make-up. My prayer is that it will not be bogged down by internal challenges and contradictions, which have been the bane of the PDP. As things are, our politicians have scant regard for the welfare of the ordinary Nigerians, and as I have severally argued on this page, the cankerworm of corruption cuts across the political parties, and not much national progress can be made without first dealing with that. Unfortunately with the near abolition of political divides, corrupt political practices are as much a problem in PDP as it will be in APC. The challenge is even more worrisome as it is presently near impossible to determine with certainty, who sincerely belongs to which party, in spirit and in body.

    As things are, there is a substantial obfuscation of the dividing line between the two political parties in Nigeria, the APC and the PDP, and what they stand for. Former Osun state Governor, Prince Olagunsoye Oyinlola, capture this comic tragedy. On Tuesday last week, the Osun Prince, was joyously embracing his former political foe, Chief Bisi Akande, the chairman of APC, as he joined other defectors to celebrate their new membership of APC. In the photo shot, with the leadership of the APC, he was standing shoulder to shoulder with Governors Rotimi Amaechi, Rabiu Kwankwaso, Murtalo Nyako, and several other former PDP top shots, while the spirit of Wammako Aliyu, and Abdulfatah Ahmed hovered around.

    Surprisingly while partisans where yet to recover from the reverie of downed champagnes, to celebrate the new births and the attendant hangover (that word again; apologies to Dr. Reuben Abati, the presidential spokesperson, who has quarreled over such allusion to his principal, who recently allegedly celebrated his birthday in far away London, and became indisposed the next day); Prince Oyinlola was on air, claiming that he was still a member of the PDP and its National Secretary to boot. That means that while he has joined APC, he still retains his position in PDP. With what a senior friend appropriately called a poker face, he made those claims.

    In the days ahead, it is going to be a handful to determine those who are moles and those who are members of either party, whether the APC or the PDP. In the meantime, may I congratulate the leadership of APC, particularly Asiwaju Bola Ahmed Tinubu, for the unparalleled successes; while praying that their tectonic maneuvers should profit Nigeria.

    This piece published last December is republished to underscore Ribadu’s adventure in PDP.

     

    •This article was previously published on this page

     

     

     

  • Overhaul child justice system, experts urge

    Overhaul child justice system, experts urge

    A Former Dean of the Faculty Law, University of Ibadan, Prof. Oluyemisi Bamgbose, has called for a re-evaluation of the juvenile child Justice system in the country. She said it will ensure effective  and comprehensive justice for the Nigerian child.

    She made the call at the Lagos Campus of the Nigerian Institute of Advanced Legal Studies (NIALS), while delivering this year’s edition of the Prof. Jadesola Akande memorial lecture.

    Prof. Bamgbose took a look at the traditional Juvenile justice paradigm and highlighted the modern juvenile justice system in Nigeria.She did a comparative discourse of the juvenile justice system in selected jurisdictions before calling for the re-evaluation of the system in the country to make it efficient and effective.

    She came up with the following recommendation: “There is a duty on everyone to ensure the proper development, promotion and protection and welfare of the child. This function should not and must not be left to a group of people or section of the society, but is the collective responsibility of all.”

     She called for parental involvement in the juvenile system. “Parenting process includes protecting, nourishing and guiding the child. It involves a series of interaction between the parent and the child through the life span. In particular, the law should encourage greater parental responsibility as the family unit is critical to much social behaviour.

    Prof. Bamgbose also called for the use of Alternative/Diversionary Approaches in juvenile system“The diversionary principles are being advocated in the Child’s Right Law. Child offenders should as much as possible be diverted from the formal and harsh criminal justice system. The judicial officers in the family court should avoid the errors of their counterpart in the adult courts that have contributed to the congestion of the prisons by leaning too much on custodial methods of punishment.”

    She called for the juxtaposition of traditional and modern methods.“There is the need for a rediscovery of a distinctive indigenous system of justice that can be juxtaposed with the modern justice system. The question may be asked if the informal control of juvenile offenders is a solution to  this concept used under the traditional juvenile system taking into cognisance contemporary trends in addressing youth matters.

    The traditional concept of controlling children with all its advantages, according to Bamgbose, should be considered in developing the juvenile justice programme.

    Countries such as the United Kingdom (UK) and the United States (US), she said, have discovered this and used it in the treatment of young offenders with the introduction of family group conferences in the juvenile justice system.

    Talking about the use of non custodial methods, Bamgbose said: “The state of the facilities for young offenders is in a deplorable state. It is, therefore, advocated that non custodial remedies should be adopted in the treatment of children and young offenders.

    “As a matter of urgency, it is recommended that the institutions that are to be established under the Act in the Federal Capital Territory (FCT) by the Minister and in the states by the commissioners charged with the responsibility for matters relating to children in the state should be established as a matter of urgency.”

    One of the instances where a child can be deprived of his or her personal liberty, according to Prof Bamgbose, is where the case is serious in nature. “It is important that what constitutes serious offences be properly defined in terms of offences. It is also said that children under the age of 14 years can only be given a custodial sentences if he or she is a persistent offender. It is also recommended that the definition of persistent offender must be outlined.,” she said.

    A child  of about 10 but less than 12 years, Prof. Bamgbose argued, can only be given custody sentence if it is in interest of the public,  adding that the detention period should also be clearly stated.

    On reparation as treatment method, Prof Bamgbose said: “Reparation as a sentence or treatment method was introduced in the English 1998 Act and of powers of Criminal Court sentencing Act 2000. Reparation is a non custodial treatment for a young offender, either to the victim or society at large. “It is recommended as one of the treatment methods in addition to the numerous ones in Section 223. It is said to be a valuable way of making young offenders face the consequences of their actions and see the harm they have caused. It can be a catalyst for reform and reforms and rehabilitations can also benefit victims.”

    She called for the co-ordination of overlapping agencies in the administration of juvenile justice system. “The administration of the juvenile system involves a number of overlapping systems and agencies. This makes implementation not very easy. There is need for coordination amongst the different systems to take a holistic approach in tackling matters relating to the young persons,” she said.

    Prof. Bamgbose asked whether the juvenile justice is wanted in the United Nations’ (UN) system.  “Is juvenile Justice really the unwanted child in the United Nations system?, she asked.

    She added: “Regardless of the bottlenecks in the juvenile justice system in Nigeria, a lot of improvement has occurred in the juvenile justice system in Nigeria in the 21 Century. There is, however, need for a periodic review of the law relating to children and young persons in Nigeria and in adoption of a holistic approach in addressing issues of these category of persons in Nigeria in order to fully achieve the aims of or philosophy behind the legislation protecting them.”

     

     

  • World Academy calls for presentation

    The World Academy for the Future of Women has called for keynote speakers presentations during the 9th Annual Women’s Symposium at the Sias Campus (Sias International University Zhengzhou, Henan, China. A statement  by the National Information Officer, United Nations Information Centre (UNIC), Lagos, Oluseyi Soremekun, said  the deadline for submission of presentations is January 5.  He said all presentations must focus on leadership related to promoting the purpose and mission of the United Nations; the United Nations Millennium Development Goals; or local actions for global impact.

    He said that the format for presentation time is 90 minutes, 30 minutes of which would be used to deliver content, 60 minutes for discussion and interaction with audience while such . presentations will be interpreted for the benefit of participants.

    He said the presentations would have a title, a one-page bio of presenter, a 250 word presentation abstract, a jpg headshot of the presenter, and the three major points of the presentation.                                                                                                                            It would also detail the presenter’s name, position, address, employer or institution, e-mail address, and phone number.

    Soremekun explained that  the 9th Annual Women’s Symposium, Millennium Milestone Makers, is a major event which purpose is to promote and accelerate the advancement of women worldwide will take place May 15-17, 2015.  According to him, the International Women’s Symposium is held every year at the SIAS campus, bringing together thousands of women from across the globe in a powerful exchange of ideas and wisdom.

  • A procedure where an accuser is shielded from the accused during inquiry is not in compliance with natural justice

    The facts giving rise to the appeal are that two petition were written against the 1st Respondent concerning her conduct in the discharge of her functions as a judge of the High Court of Justice, Oyo State. One petition was written by Mr. Adebayo Shittu as the Attorney-General of Oyo State and second was written by an Organization known as the Committee for Defence of Rule of Law. On the direction of the 2nd Respondent, the 1st Respondent responded to the petitions and a panel of investigation was constituted to inquire into the matter.

    At the panel, the former Attorney-General who authored one of the petitions was called upon to present the petition which had been withdrawn by the then incumbent Attorney-General before then. The former Attorney-General was cross-examined. At the end of the sitting, the panel submitted its report to the 2nd Respondent which relied on it and suspended the 1st Respondent, and recommended her compulsory retirement.

    Aggrieved by the turn of events, the 1st Respondent as Plaintiff sued for the following reliefs at the Federal High Court, Abuja Division.

    “i. A declaration that the recommendation of the 1st defendant based on its investigation committee report relating to the plaintiff in all its ramification is illegal, unconstitutional as it violates the plaintiff’s right to fair hearing which include the right of natural justice guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999.

    ii. A declaration that the Attorney-General of Oyo State, Adebayo Shittu, Esq., not being the writer of the petition dated 12th May, 2007 to which the 1st Defendant panel adjudicated upon and allowing the said Attorney-General to be a substituted complaint is null and void, unconstitutional and against natural justice.

    iii. A declaration that the recommendation of the 1st defendant to the 2nd Defendant against the plaintiff based on a petition that has been withdrawn by an Attorney-General of the State is null, void, unconstitutional and of no effect.

    iv. A declaration that the letter of Barr. Michael Lana dated 5th November, 2007 having withdrawn the petition written by Adebayo Shittu, the then Attorney-General of Oyo State, there was no longer complaint by the 1st Respondent’s Committee to investigate and adjudicate on how much more to make recommendation thereto.

    v. An order setting aside the report/recommendation of the 1st Defendant to the 2nd Defendant for gross infringement of the plaintiff’s Fundamental Human Right to fair hearing.

    vi. An order of perpetual injunction restraining the Defendants, their agents, servants or privies from carrying into effect or executing or enforcing the said recommendation or anything connected whatsoever with the said report or recommendation relating to the plaintiff.”

    The Federal High Court entered judgment in favour of the 1st Respondent as Plaintiff and granted all the reliefs sought by her. Dissatisfied, the Appellant appealed to the Court of Appeal by way of a notice of appeal containing four grounds of appeal. In his brief of argument, Attorney-General and Commissioner for Justice, Oyo State on behalf of the Appellant, formulated four issues for the Court’s determination of the appeal. The issues are;

    “1. Whether having regard to the circumstances of the purported withdrawal of the petition filed by Mr. Adebayo Shittu, the said petition could be said to have been validly withdrawn by Mr. Michael Lana.

    2. Whether the learned trial judge did not approbate and reprobate when he gave regard to authorship in respect of one petition and disregard authorship in respect of the other.

    3. Whether the trial Judge did not misconceive the case and misdirected himself when he held that the Committee for Defence of the Rule of Law is a faceless society.

    4. Whether having regard to the fact and evidence as well as the entire proceedings of the investigation panel, the Plaintiff/Respondent could be said to have been denied fair hearing.”

    Arguing issue 1, the learned Attorney-General of Oyo State, submitted that the withdrawal of the petition against the 1st Respondent was not done in good faith and was done without power to do so. The same, he added, was an abuse of public office and legal process. He was of the view that the posture of the 1st Respondent indicated that they did not want proceedings to go on during investigation. He then referred to Section 55 of the Interpretation Law of Oyo State 2000 and Section 8(1) of the Interpretation Act Cap. 123 Laws of the Federation of Nigeria and submitted that upon removal of Mr. Shittu from office (as Attorney-General) Mr. Lana (his successor) did not have the power to discontinue or abate civil proceedings already initiated. These provisions, he argued, do not conflict with Section 211 (1) of the Constitution of Nigeria, 1999 (as amended) as the latter relates to criminal proceedings. As regards his issue 3, it was his submission that the Federal High Court misconceived the facts about the address of the organization and this led to the misdirection that the organization did not exist. On issue 4, the learned Attorney-General referred to the case of MMS LTD v. OTEJU (2005) 14 NWLR (945) 517 and submitted that the proceedings of the panel conformed to the requirement of audi alterem partem. He noted that the proceedings of the panel demonstrated that the 1st Respondent was given opportunity to present her case, the panel was impartial, she cross-examined her accusers, called her witnesses etc. He finally urged the court to uphold the appeal and set aside the judgment of the lower court.

    Learned senior counsel for the 1st Respondent in respect of issue one stated that the averments of the 1st Respondent in her statement of claim that the petition was written against her by the Attorney-General Oyo State and had been withdrawn by the Attorney-General Oyo state were not specifically denied by the Appellant. It was his submission that the petition signed by Barr. Adebayo Shittu for the Oyo State Government was not signed in a private capacity and that by virtue of Section 8 (1) of the Interpretation Act, it was properly withdrawn by the then Attorney-General of Oyo State (Mr. Michael Lana) in his official capacity not as a suit but as a petition. In regard to issue three, he adopted his arguments on issues one submitted that it was wrong for the investigation panel to allow Mr. Adebayo Shittu to transform from being counsel to being the petitioner. Senior counsel finally urged the Court to dismiss the appeal.

    In determining issue 1, the Court noted that the petition which in part kick-started the process of investigation against the 1st Respondent was written on the Letter – headed paper of the “Attorney-General’s Chambers Ministry of Justice, Ibadan, Oyo State of Nigeria”. It was signed by Alhaji Abdul-Raheem Adebayo Shittu in his capacity as “the Attorney-General and Commissioner for Justice.” The Court held that it is thus clear that the petition was not a personal letter written by Mr. Adebayo Shittu but an official letter written by him in his capacity as the Attorney-General of Oyo State and Chief Law officer of that state. The Court further held that it follows therefore that the Attorney-General of a State is a corporation sole recognized by the Constitution and the law of the land as having a personality which is distinct from the separate personality of the individual holder for the time being of that office. See CARLEN (NIG) LTD v. UNIVERSITY OF JOS (1994) 1 NWLR (323) 631, 656; (1994) LPELR-832(SC) and ATTORNEY-GENERAL OF THE FEDERATION v. ALL NIGERIA PEOPLES PARTY (2004) 114 LRCN 2671, 2687-2688; (2003) LPELR-630(SC). The office acts through the natural person who holds that office for the time being or a person delegated by him in respect of a particular function that can be delegated. See ATTORNEY-GENERAL OF KADUNA STATE v. HASSAN (1985) 2 NWLR (8) 483; (1985) LPELR-617(SC).

     The Court noted that there is uncontroverted evidence on both sides that before the panel of investigation began its sitting, the holder of the office of the Attorney-General, Oyo State, at the time in his official capacity withdrew the petition earlier written by that office. The Court held that it was within his powers to do so and his motive even if considered less than noble cannot be questioned except by the Governor of the State who can sanction him, or he may be forced to resign by adverse public opinion. The Court stated the position of the law that Constitution does not admit of any limitation to the exercise of the powers of the Attorney-General. See IBRAHIM v. STATE (1986) NWLR (18) AND ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENARAL OF THE FEDERATION (2002) 9 NWLR (772) 222, 419. The Court held that this applies even in respect of withdrawal of petitions before the 2nd Respondent and is in keeping with the position of the Attorney-General under the common law which considers him a law to himself and subject to direction and control from none in the discharge of his office. The Court resolved this issue against the Appellant.

    On issue 4, the Court noted that Section 36 (1) of the Constitution of Nigeria 1999 (as amended) gives constitutional flavour to the twin pillars of natural justice, viz; (a) audi alterem parlem and (b) Nemo judex in causa sua. The Court held that it applies not only to courts of law or tribunals but also to administrative bodies, such as the 2nd Respondent’s investigation committee.  The Court noted that the former Attorney-General (who had then become a private citizen) was called upon by the investigation committee to present the petition. Again Mr. Adebayo Shittu (the former Attorney-General) was allowed by the committee to mutate from being counsel for the committee for the Defence of the Rule of Law, Oyo State, to testify for it even though he is not a member thereof and no reason was given for the absence of the Committee and its members. The Court held that the 1st Respondent was not afforded the opportunity of confronting her accusers and cross-examining them on their allegations against her. The Court stated that fair hearing requires that a person must be given not only an opportunity but a fair opportunity to cross-examine her accusers. The Court cited the recent case of ADEWUNMI v. NIGERIA EAGLE FLOUR MILLS (2014) 14 NWLR (1428) 443 at 458; (2014) LPELR–22557(CA), where DONGBAN-MENSEM, JCA, stated that:

    “A procedure where an accuser is shielded from the accused all through the inquiry is certainly not one in compliance with natural justice. Presence and confrontation has a lot of impact…..” Issue 4 was therefore resolved against the Appellant.

     

    On the whole, the Court held that the appeal lacks merit and it was dismissed.

     

     •Edited by LawPavilion

     LawPavilion Citation: (2014)

     LPELR-24131(C

     

     

  • ‘Dissenting judgments should be encouraged’

    ‘Dissenting judgments should be encouraged’

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

    My take-off point is to thank my  learned friends of the Silk for asking me to speak on their behalf at this historic event. I believe that it is unique in the professional legal history of Nigeria that the first female Chief Justice of Nigeria (CJN) is being celebrated by the first female Senior Advocate of Nigeria. I thank God for this extra-ordinary opportunity and privilege. Only last month, the CJN was also celebrated at the Women Judges, Nigeria Annual National Conference.

    It is opportune for me to congratulate the CJN upon her retirement after a professional life career dedicated to the service of the nation and justice. I also offer copious felicitations upon Your Lordship’s 70th birthday today and wish you a very happy birthday. “Ad annos multos”.  Please enjoy the day and savour all the joyful celebrations. I wish we could sing Your Lordship the Happy Birthday song!

    Our gathering here today reminds me of that profound judicial statement in R. vs O. Connel1 to wit:-

    “This court in which we sit is a Temple of Justice and the advocates of the Bar as well as the Bench are equally ministers in that temple. The object of all equally should be the attainment of justice”.

    Let me analyse that universally acclaimed pronouncement thus:-

    ’”the court is referred to as a temple – a sacred place.

    ’”The lawyers – both on the Bench and at the Bar are equal ministers in that temple – “id est”: we perform together in that temple; and

    ’”The equality of the Bar and the Bench in the pursuit of justice is acknowledged.

    The powerful judicial conviction of the learned judex was such that, the law and the courts are placed on the highest pedestal because of the lofty ideals of justice which are the hallmarks of the law. Such an exalted position ought to remind us of the sacred role we, as ministers in the temple of justice, are called upon to perform in our professional life.

  • Lawyers urged to explore emerging areas of practice

    Lawyers urged to explore emerging areas of practice

    A Foremost commercial lawyer and pioneer Chairman,  Nigerian Bar Association (NBA) Section on Business Law (SBL), Mr. George Etomi, has called on  lawyers to explore emerging areas of law practice to mitigate the challenges of globalisation.

    He said this at the Aare Afe Babalola Bar Centre, Iyaganku  Ibadan, venue of the week-long 63th anniversary of the NBA Ibadan Branch.

    Etomi, who spoke on the topic: “From Ibadan to the uttermost parts: developing expertise in emerging sectors”, said:  “Globalisation is shrinking the world, the barriers to legal practice continues to crumble. So, your competitor is not that lawyer in Lagos or Abuja, no. Your competitor is that lawyer in China, Dubai, the USA and so on.

    “So, if you want to succeed, begin to sniff out what areas you would like to practise. From Ibadan to the uttermost part is an open field, so determine which areas you want to practise”.

    The NBA President, Augustine Alegeh (SAN), who spoke on the theme: “Nigeria at the Tipping or Turning Point”, took a cursory look at the socio-economic and political past of Nigeria, linking it with present challenges facing the country.

    He proffered solutions to the various challenges  and concluded that  that there is hope that Nigeria will attain greater heights and take its pride of place in the comity of nations.

    Nineteen eminent members of the Ibadan Bar, who have distinguished themselves in their service to the Bar, were honoured with Lifetime Achievement Awards. Some of the recipients included Chief Richard Akinjide (SAN); Chief  Folake Solanke (SAN); Chief Bandele Aiku (SAN); Aare  Afe Babalola (SAN) and Chief Akin Delano (SAN),  among others.

    The first day event  ended with turning of the sod of the NBA  Ibadan Branch Library to be  built by Chief Akinjide (SAN) at the High Court Complex, Ring Road, Ibadan. It was performed by Justice Sylvester Nwali-Ngwuta (JSC), who represented  the Chief Justice of Nigeria.

    Speakers at the second day of the event examined how Ibadan can tap into other areas of law practice aside litigation. One of them was the Chairman of the Governing Council of the NBA Section on Business Law (SBL), Mr. Asue Ighodalo, who chaired the session.

    He  examined the possible effects of the current dwindling global oil prices on Nigerian economy, the possible sources of revenue for the governments and the negative economic consequences of that lie  ahead.

    He stated  that though everything looked gloomy, difficult and tough, there is always a silver lining at the end of the tunnel.

    Ighodalo said: “Ibadan was the centre of Nigeria, everybody who is who in the legal profession in Nigeria  grew up and was exported from Ibadan, Ibadan has to get back its shine now. Lawyers have to lead by thinking outside the box and avoid the traditional practice areas. This is the time to develop expertise in the emerging areas”

    According to Etomi,  Ibadan is the cradle of civilisation in Nigeria,  adding that Ibadan was first in almost everything and the University of Ibadan was the seed that laid the foundation for modern Nigeria and that no matter how dim the economy looks, life must go on

    Dr. Wale Babalakin said: “Abandonment of merit is the first major problem in Nigeria. Once you have a criterion that is different from merit, you languish in what we are languishing now. Let us create a nation where thinking will be rewarded.”

    Others who spoke at this session included Ogun State  Attorney-General and Commissioner for  Justice, Mrs. Abimbola Akeredolu and Ms Toyosi Akerele. They harped on the need for practice in Ibadan to conform with the emerging trends of legal practice with regards to commercial law, merging of law practice and focus on partnership amongst legal practitioners.

    Events of the  third day began with “Health Walk Day”, which took off at the Parliament Building Car Park and terminated at the Agodi Prison where  the Ibadan Bar projects  were commissioned by the Chief Judge of Oyo State, Justice M. L. Abimbola.

    The projects included: the newly built toilet and a renovated block of toilets at the Agodi Prisons for the inmates.

    A football match was later played in the evening between the Ibadan  Ikeja branches of the NBA. The  Ibadan warlords were defeated by the Ikeja tigers by a lone  goal.

    The last day featured the Moot and Mock Trials among four  invited universities with the theme: “The Failed Edifice”. It was chaired by Chief Bandele Aiku (SAN).    The session was chaired by Chief (Mrs.) Folake Solanke SAN.

    The celebration ended with a Dinner where past Chairmen/ Secretaries were honoured for their meritorious service to the Bar. Other eminent personalities, who have supported the Ibadan Bar, were also given the Pillars Award. They included Prince Lateef O. Fagbemi (SAN); Chief Akin Olujinmi (SAN);                 Oluwarotimi Akeredolu (SAN); Chief Niyi Akintola (SAN) and N. O. O. Oke (SAN)

    In a chat with The Nation, Ibadan NBA Branch Chairman, Mr. Kazeem Adekunle Gbadamosi said: “We really had a wonderful programme, Ibadan, Lagos, Ilorin and Oshogbo Branches participated in the  in the debate on compulsory pupilage.

    “The Ibadan Bar won the debate. At the end of the day we realised that even though pupilage is highly desirable, the factors responsible for its non-observance nowadays include: the get-rich-quick attitude of juniors, non-payment of adequate remuneration by seniors and the lack of mutual trust amongst seniors and the junior ones. However, the consensus was that compulsory pupilage is desirable and should be encouraged.”

  • Public complaints commission to start prosecutions soon

    The law establishing the Public Complaints Commission is now being reviewed to give it powers to  prosecute cases.

    The Federal Commissioner in Lagos State , Mr. Funso Olukoga, made this known during the annual press conference of the commission held yesterday at the former National Assembly Complex, Tafawa Balewa Square (TBS), Lagos.

    Olukoga  disclosed that proposals for the  review of the act is presently undergoing the different stages, including inputs from the different states of the federation so that the commission “would not just bark but also be able to bite”.

    He explained that the review which would entail constitutional amendment would empower the commission to sanction recalcitrant respondents and prosecute certain offences in the courts.

    He said the issue of recalcitrant respondents has been a challenge to the activities of the commission.

    The commissioner disclosed that the number of complaints received this year rose to 754 from 338 received last year.

    He said the achievement was made possible with the adoption of new methods introduced into its investigation strategies and the application of modern information technology.

    “The rise in the number of complaints is clear evidence that the commission is becoming known better in Lagos and the residents are becoming aware of their rights to challenge what they considered as administrative injustice on the part of the public and private institutions”.

    Olukoga also gave a sectoral account of the activities of the commission called on Nigerian Communication Commission to rescue mobile phone users from undue advertisement drive.

    He said his commission received several complaints about unsolicited calls from network service providers advertising their products.

    He said: “Some question the propriety of preceding a caller tune with an advertisement when calling a number, others find the frequency of unsolicited calls distractive and oppressive”.

    He urged the NCC to  intervene by investigating and sanctioning erring network service providers to reduce unacceptable and unfair trade practices.

    He reported that investigation lamented that bank customers are still subjected to poor services in spite of new service charges imposed on them while cases of malfunctioning ATM were very common.

    Despite  the fact that customers are now charged for using ATMs other than those where their accounts are domiciled, the situation has not improved over what it was last year, adding “one would have expected a higher quality of service commensurate with the new charges”.

    The Public Complaints Commissioner urged the Nigeria Civil Aviation Authority (NCAA) to beam its searchlight on the quality of services rendered by airline operators especially domestic flight operators.

    “We are concerned with how the airline handles their operation from purchase of air tickets to cabin services. Flight delays and cancellations appear to be the rule rather than exceptions”, he lamented.

     

     

  • ‘Cousumer rights abuse is huge’

    ‘Cousumer rights abuse is huge’

    Mrs. Dupe Catherine Atoki is the Director-General, Consumer Protection Council  (CPC). In this interview with Legal Editor, JOHN UNACHUKWU,  she speaks on CPC’s  functions, its challenges and the suit between it and Nigerian Bottling company among others.

    You have been in the saddle as Director – General of the Consumer Protection Council(CPC).  What has your experience been like?

    For me, it’s been an exciting experience because I thrive in challenges and it’s an assignment that is full of challenges. The mandate of the council is to ensure that consumers’ rights and  interest are protected. We have over 150 million active consumers in Nigeria, marked against the diversity of products in local, international and also services that are rendered. So, you can imagine the stakeholders that we are actually looking at.

     

    What are your challenges?

    However, interesting as this should have been, the first challenge I have is consumer apathy,  which has resulted from the fact that over the years, Nigerians  have not  been able to gain the confidence of the agency to provide sufficient protection for them.  I also see that the consumer illiteracy is also one very big challenge,  because you cannot  protect people who don’t even know their rights at all.  It’s when you know your right that you assert it, but if you don’t, you remain docile, you remain trampled upon and you continue to be abused. So that is what  I found on resumption of office.

    Cousumer rights abuse in Nigeria is huge, we’ll overcome it.

     

    So, what did you do to start with?

    I carried out a survey across the nation and the consumer awareness was very low which gave me a great concern,  I  had to find a way to address  that challenge and increase, improve the consumer awareness in Nigeria. So also  I found  out that the agencies who are related in terms of products and services have not developed a system prior to now,  where they engage each other to the maximum benefit of such collaborations. And so, every agency has carved out its own tough and is protecting it very viciously and this is  detrimental to  consumer’s interests.

     

    How do you feel about this?

    Well,  if the agencies of government who, in my opinion, are building blocks to achieve the governance goal of government is not intertwined, then we will continue to remain very inefficient,  because even in building a house,  you must over lay the blocks, and that’s where you get a good and solid structure.

    You can imagine if you keep laying a block horizontally or vertically, that’s what governance is about and I think that agencies of government are instruments of governance for us to work together. I found that as an existing challenge and which has resulted in some of the agencies actually challenging the activities of the Consumer Protection Council, saying  out of ignorance  that the council does not have the powers to carry out its activities.

    Of course, funding will remain a challenge.

     

    What about funding, are  you well and fully funded?

    Government can never fully fund any organisation. It’s an utopia that we should not even attempt to have. But for us, it’s compounded by the fact that we do not generate income like some other agencies. We cannot charge complainants  for complaints that they  have brought, we are a pro-poor agency. So it’s there, but I really do not want to flag that out too heavily,  but it is a very important issue that needs to be addressed.  Because if we have to actualise one of the mandates of the council which is to educate consumers,  then we must be appropriately funded to be able to use all the various media, all the various public media to engage consumers to understand what their rights are. But I think that the government, when it is sufficiently sensitised about the role and the activities of CPC and its relevance to the  economic development, should be able to give a second thought to the issue of adequate funding. So, briefly, those are the full challenges that I have.

     

    What is the structure of the council, how many branch offices do you have?

    In terms of the structure of the council, there are just seven offices one  in each of the geo-political zones and an extra one for Lagos because of the commercial activities in Lagos and our headquarters. In a country where we have over 170 million people, I think that is grossly inadequate. And with a staff strength of barely 250, that again is a challenge, a great one which I believe that we need  to address urgently.

     

    What steps have you taken to  address all these challenges?

    Well, government is is a continuous thing,  You do your best at your time and others will do their own best at their own time.  It will continue like that till it gets to perfection

    On consumer education, you cannot do much if you don’t  have money, but then, we have improved our website. We have improved our social media outreach which is zero cost. And we have been engaging a lot of people on social media. I’m in contact with some international donors who can independently support the council without any compromise and I think very shortly, we will  receive good response from some of them who are  willing to support our consumer education programmes. Like I said, government cannot fully fund you, in the year coming, as we finalise the process, we’ll be able to get support for consumer education while at the same time making our point to government for the need to improve the funding of the council. Again, in terms of staff, that’s also a very tricky one because it’s also tied to some financial incentives which at the end of the day government has to approve,  we have also made our request for staff. But in the interim, we will make do with what we have.

     

    Have you considered collaboration with other organisations as a possible alternative to funding?

    In terms of collaboration, I think that in the  year coming, we have agreed with some of the agencies that we will have an overlap with,  for instance, the standards organisation of Nigeria (SON), both of us are actually in the same ministry. We have had a chat and we have come to conclusion that we need to work with each other because they develop standards but they don’t have the powers to enforce the standards in favour  of consumers. The powers that they have is to sanitise the industry by either removing those products from the market, destroying them or sealing the premises. It doesn’t translate to consumer education so, at the end of the day, the consumer education, in ensuring remedy for the victims of violation of those standards are indirectly enforcing the standards that the SON has set.

    So, we have come to the conclusion that because we do have powers of enforcements, which they do not have.  And so, I think that  we will be taking each of these organisations one by one, those of them who are amenable to such collaborations, we’ll work together.

     

    Back to collaboration, why can’t you collaborate with some multinational companies and  such NGOs that are operating within or share similar vision with your organization?

    With NGOS, I don’t have any problem. They are Non- Governmental organisations. If they are registered to protect consumers.

    With NGOs, we are good to go on those of them who are ready and are on the ground and actually working for the protection of consumers, but with the multinationals, I think it’s a no-go area for us. They are the organisations or businesses for which we would have to enforce the Act against  in the event where they have not complied with the Consumer Protection Act. And for me, I think that I would rather stay clear of any area of compromise and deal with whatever challenge I have in another way. If there are opportunities to collaborate on the technical level which will not arm twist us, that’s fine. But at the moment, I’m working with other international funders who are actually ready to support the work of the consumers. Those funders are impartial, in fact, they are in business to fund and so, I don’t have any problem relating with them and I’m quite happy that I’m not going to be blackmailed at some point in time into submission when I call upon such organisations to comply with the Act.

    We read in the media recently, of a matter involving the agency and Coca-Cola, that you took Nigerian Bottling Company bottlers of coca-cola to court,  what actually happened?

    Ahead of my statement, let me say they went to court first, so they started this legal tango. And to say when we know this is already in court, so its subjudice, but what I would let the public know is what they already know via the media,  that there was a complaint on a product of  Nigerian Bottling Company (NBC), licensed under the authority of Coca- cola  product of sprite which was half  filled and was purchased and the person complained. Surprisingly, because Nigerians don’t care, and  would say ‘well, this is Nigeria.  But because we believe the time has come for every infraction, no matter how minor it is, as long as it doesn’t give value for money for consumers, we must look into it. It’s easy to say ‘what’s the big deal’, which is what everybody, most people have responded, “what’s the big deal about half can of sprite when there are cockroaches and there are flies and whatever, but there is a starting point. And so the council took it up to invite the parties and conducted  an investigation which lasted about three months when documents were received, onsite visits to the factories were carried out and we came to the conclusion that there were much more infractions beyond the two half cans of sprite and we addressed those infractions via  recommendation we made known to the public as well as the company to improve.

  • Coalition urges INEC to enforce campaign laws

    Coalition urges INEC to enforce campaign laws

    Civil society groups under the One Voice Coalition for Sustainable Development in Nigeria (OneVOICE) have urged the Independent National Electoral Commission (INEC) to enforce the laws regulating campaign expenses to reduce vote-buying.

    It said INEC has allegedly failed to monitor and penalise candidates and political parties who violated the Electoral Act on voter-inducement.

    “Some politicians use money to buy essential goods like sugar, salt, detergent, soap, rice which they distributed to people in the villages.

    “During voting, some of them load the boots of their cars with plenty of money and go around to directly pay people to vote for their candidate.

    “They also bribe electoral officers and the police who will then help them to cheat,” OneVOICE said.

    INEC’s alleged failure to effectively check such electoral abuses in line with its powers under the Electoral Act has emboldened others, the coalition said.

    OneVOICE urged voters to challenge cheating, saying: “It is not enough to be watchful or vigilant. Nigerians must plan to ensure that the procedures at elections are adhered to.”

    It said while the Armed Forces, the police, the intelligence community and the INEC must insist on the inviolability of the rule of law, it is the people who must defend their votes.

    “We, as non-state actors, must watch effectively that we forestall malpractices,” OneVoice said.

    It said the civil society must collaborate against any bid to alter the people’s will, while mobile phones should be used to record counting and recording of election results.

    “Different media channels can be used in calling members in other polling stations to monitor goings-on. There must be recording of the voting and counting process so that it can be used as evidence if there is any fraud happening,” OneVOICE said.

    The group said the penalty for rigging and other forms of criminality is not exorbitant enough, hence many are willing to dare and break the law.

    OneVOICE warned voters against accepting gratifications from candidates, saying: “When we accept money or gifts from politicians, we have sold our rights. We have allowed them to give us N100 and take millions from us, and take from us electricity, good roads, water, good schools, good and efficient hospitals etc,” it said.

    OneVOICE also wants and end to the perception of politics as warfare. This, it said, can be achieved through a “reduction of the perquisites of political office.”

    “This will likely assuage the relentless struggle for state power and its accompanying financial convolution of the political space,” the coalition added.