The Nation Newspaper

Category: Law

  • Assault: Lawyer seeks order to review DPP’s advice

    Assault: Lawyer seeks order to review DPP’s advice

    A Lagos lawyer, Destiny Takon, has  petitioned the Lagos State   Attorney-General and Commissioner for Justice, Mr Ade Ipaye over a legal advice from the office of the Directorate of Public Prosecution (DPP)  in an assault case involving Keneth Agbaraku. He is asking for order to review the DPP’s advice.

    The DPP ordered an assault case instituted by his client, Mrs Gladys Ifeyinwa Caza, be struck out and discontinued.

    But Takon, a principal partner in the  law firm of  Destiny Obun Takon & Company,  faulted the legal advice issued by the DPP’s office  involving his client, Mrs Gladys Ifeyinwa Caza,  who is a complainant in an assault case filed against her landlord, Mr. Kenneth Agbaraku.

    He described the advice as improper and argued that the complainant’s statement to the police with photos of her injuries and a witness statement were enough for the prosecution to start the trial.

    The lawyer said the police had filed a criminal charge against Mr Agbaraku before the Igbosere Magistrates Court for allegedly assaulting Mrs Casa while attempting to illegally evict her from his residence in Lekki.

    He claimed that  the criminal charge against Agbaraku was occasioned by an alleged head injuries he allegedly inflicted on Mrs Caza with a thick marble slate in a scuffle during the attempt to evict her.

    He explained that it was on the basis of the formal complaint lodged with the police that Agbaraku was charged to court for assault and subsequently granted bail.

    Takon said a new dimension was introduced into the matter recently when a lawyer from the DPP’s office informed the court that the case had been taken over by the DPP for advice.

    The development, according to him, took place after the trial had suffered several adjournments as a result of defendant’s absence.

    He said he was further shocked when the DPP insisted that the case be struck out due to insufficient evidence to establish the offence of assault.

    He said this was contrary to the DPP’s advise which showed that the police failed to carry out further investigation on the matter as requested by the DPP’s office.

    “In absence of further investigation on the matter to establish a prima facie case, the DPP office advised that the matter be discontinue,” Takon said.

  • Lagos seeks parents’ support on Child Rights Act

    Lagos seeks parents’ support on Child Rights Act

    The rights of the child are being abused daily despite laws at the Federal and state levels to check the trend. Lagos State has moved a step further to enforce the Child Rights Law of 2003 as it solicits parents and guardians’ support in creating awareness and enforcing the law, reports ADEBISI ONANUGA

    TheLagosState government  has begun an awareness campaign on the rights of  children, urging parents and caregivers  to guard their children  and wards against abuses and violence.

    The Attorney-General and Commissioner for Justice, Ade Ipaye,  in an address delivered at the Human Rights “Essay and Debate Competition organised for Private and Public schools, re-affirmed  the state’s readiness to continue upholding the rights of every Lagosian including those of the children.

    The competition was organised by the Directorate for Citizen’s Rights to form part of the activities marking the Human Rights day.

    Ipaye confirmed that as far back as 2003, the state had seen the need to address and protect the  children, which culminated into the passage of the Child Rights Law of Lagos State in 2007.  The law, he noted, was to safeguard the welfare of a child and eradicate various forms of abuse on the children.

    “Prior to the enactment of the law, the issue of abuse and domestic violence against children was perpetually on the back burner of public policy,” he noted

    According to him, the theme of this year’s celebration, which is “The Rights of the Child”, is a call for a development of an all-inclusive legal and socio-economic framework to cater for the welfare and well-being of our children.

    The attorney-general explained that the theme of this year’s human rights’ day was carefully picked in the light of the fact that in the last one year, more than 500 cases of defilement and rape cases have been reported in Lagos. 

    He said children contend with several challenges on a daily basis and the onus is on the parents and guardians to ensure that each child is given necessary care and attention.

    Ipaye said the principles of human rights should be inculcated in the youth at their earliest formative stage, adding that it  would ensure that they imbibe the principles of fairness, non-discrimination, inclusiveness and respect for fellow-beings, irrespective of their ages.

    The Attorney-General said efforts to ensure that every Child’s right is protected and given equal opportunity include the establishment of Home and Clinics for the physically challenged children, the setting up of a Domestic Violence Response Team to provide support to victims of abuse, and  signing of  an Executive Order that establishes a sex offender register and the compulsory reporting of suspected and actual child abuse cases.

    He, however, pointed out that the success of all the laws and policies protecting the rights of the children depends largely on the cooperation of the members of the society.

    “I will like to use the opportunity of this occasion to enjoin all Lagosians to partner with the government in ensuring that the rights of our children are safeguarded,” he pleaded.

    Lagos lawyer, Funmi Falana, who was a guest of honour and keynote speaker at the occasion,  suggested a nine-point approach to enforcing the Child Rights Act 2003 in all the states of the federation.

    In a paper titled: ”The rights of the child”, Falana advocated for a proper electoral reform to be carried out to facilitate the evolution of responsible leaders needed for advancing the rights of the children.

    She said judges, on the other hand, should be made independent to be able to apply the provisions of all laws, including the Child Rights Act, without fear or favour.

    She advised that all international conventions and declarations on the rights of children,  which Nigeria is a signatory, should be domesticated by the National Assembly to compliment provisions of the constitution and other laws for effective protection of children rights in the country.

    She urged the government and Nigerians to pay more and genuine attention to moral and religious virtues, which could make them appreciate the value of being their brother’s keeper and be considerate to the rights and interest of other persons, especially the children.

    Falana took a swipe at those states’ Assemblies  yet to enact the Child Rights Act into law.

    She said because they failed in their legislative duties, the act is not binding on states that are yet to enact it while no court can prosecute violators of the act .

    Falana said out of the 36 states of the federation, only 24 have enacted the act. Earlier, the Solicitor-General,Lawal Pedro(SAN), explained that the partnership the state government has with schools would ensure that the children are provided with opportunity to learn about human right.

    This year’s celebration included a debate by pupils from various public and private schools from primary to senior secondary schools.

    Topics for the debate included: “Children should be seen and heard, Best interest of the Child should be taken into consideration when decision affecting them are made  and Child Rights Law of Lagos State does not adequately protect the right of the Child.”

    At the end of the exercise, Amina Aziza of Mayor Primary School, Allen Avenue, Ikeja emerged the  overall winner.

    She was very articulate and eloquent in her presentation. She also won the award for the primary school category with 92 points having defeated her opponent Victoria Fidelis of unity Primary School, Agege who scored 45 points.

  • Coalition sues Fed. Govt over alleged war crimes

    Nine human rights groups have filed an action at the Federal High Court, Abuja, seeking an order of mandamus to compel investigation into war crime allegations.

    President Goodluck Jonathan and the Attorney General of the Federation and Minister of Justice Mohammed Adoke (SAN) are the defendants/respondents.

    The plaintiffs are praying for an order of mandamus  to  compel them to conduct “a thorough, prompt, and impartial investigation into allegations  of  brutal  extrajudicial  killings/executions  and  war  crimes  made  by Amnesty  International  (AI)  on  August 5.”

    The civil society organisations are the Access to Justice (AJ), One Voice Coalition  for Sustainable  Development  in  Nigeria  (OneVOICE), Women  Advocates  Research  and Documentation  Centre  (WARDC), Human  Right  Law  Services (HURILAWS), and the Socio-Economic  Rights  and  Accountability  Project  (SERAP).

    Others are the Network on Police Reform in Nigeria Foundation (NOPRIN), the Nigerian Automobile Technicians  Association  (NATA), Centre  for  Constitutional  Governance (CCG)  and  Centre  for  Constitutionalism  and  Demilitarisation (CENCOD).

    They said: “AI’s  report,  accompanied  with  video  footage  depicts horrendous  acts of extrajudicial  killings  and  possible  war  crimes against  suspected  members  of  the  Boko  Haram  sect  carried  out  by members  of  the  Nigerian  military and  the Civilian  Joint  Task  Force (CJTF).

    “The  accompanying  video  footage  shows  horrific  images  of  detainees  having  their throats  slit  one after  the  other  and  their  bodies dumped  in  mass  graves  by  men who  appeared  to  be  members  of the  Nigerian  military  and  the  Civilian  Joint  Task Force  (JTF).  It  also shows  16  young  men  and  boys  all seated  in  line.  One  by one,  they are  called  forward,  and  ordered to  lie  down  in  front  of  a  pit  that served as  a  grave.  Five of them were reportedly killed this way.”    The  suit  follows  the government’s alleged refusal to demonstrate that  it  had  acceded to demands  by the applicants for a thorough  investigation  of the “serious allegations.” No date has been fixed for hearing.

  • Wanted: A revised extradition policy

    Wanted: A revised extradition policy

    Is Nigeria too eager to extradite its citizens accused of crime? Yes, say some lawyers who have advocated a review of the country’s extradition policy, writes ERIC IKHILAE from Abuja.

    In recent time, the rate at which the Federal Government,through the office of the Attorney General of the Federation (AGF), Mohammed Adoke (SAN) approaches the court for permission to extradite its citizens abroad for trial is becoming alarming.

    The zeal often displayed by state officials, in arguing such extradition applications in court, always gives the impression that the Nigerian government enjoys shipping abroad, its citizens, accused of involvement in criminal activities.

    Even for offences that could be adequately prosecuted by Nigerian courts, the Federal Government is always too eager to extradite Nigerians abroad for trial.

    The government cannot be totally faulted, in view of the fact that most of such extradition requests are hinged on existing mutual agreements/treaties between Nigeria and such foreign countries.

    The government’s seeming willingness to honour every extradition request is however worrisome, when viewed in the light of the fact that most foreign countries, particularly the United States, hardly allow their citizens to be tried in foreign territories.

    While most of these foreign governments hinge their decisions on the need to protect their national interests and those of their citizens, it seems such considerations never count in the case of Nigeria, where state officials even attempt to extradite Nigerians to countries with which the country has no extradition treaties.

    One of such cases was that involving Kingsley Edegbe.  The Federal Government had, upon a request by the Kingdom of Netherlands, applied to the Federal High Court, Abuja for an order extraditing Edegbe to Netherlands for trial over his alleged involvement in human trafficking.

    Edegbe was said to have allegedly belonged to an international syndicate involved in the trafficking of Nigerian girls to the Netherlands for prostitution and other related acts. He was said to be particularly wanted in connection with the trafficking of about six Nigerian girls, aged 25 from Nigeria to the Netherlands between 2006 and 2007.

    The documents filed along with the extradition application showed that, if successfully extradited, Edegbe would face charges bordering on human trafficking, human smuggling, falsification of travel documents, forgery of travel documents, abduction of minors from the authority having legal custody over them and participating in a criminal organization.

    The alleged offences were said to be punishable by deprivation of liberty of more than one year and covered by Articles 3, 5 and 16 of the United Nations Convention Against Transnational Organised Crime (TOC Convention), which Nigeria signed and ratified with its protocol on December 9 and 14 2004.

    But for Justice Ahmed Mohammed’s refusal to grant the order of extradition, Edegbe would have been shipped to a foreign land for trial, even when he allegedly trafficked Nigerian girls, an offence that the Nigerian courts could effectively prosecute.

    Justice Mohammed held, in his judgment, that the Federal Government failed to show that an extradition treaty existed between the country and Netherland on which such order of extradition could be based.

    “The court has not been shown any extradition treaty between Nigeria and the Netherlands upon which the application sought could have been granted.  The reliance on the United Nation’s Convention against Transnational Organised Crime fails because it is not an extradition treaty Act as envisaged by section 1 of the Extradition Act of Nigeria.

    “This court is not prepared to hold that an extradition treaty exits between the Netherlands and Nigeria when there is none. It is a dangerous precedent to abandon an existing law to enable the extradition of the suspect,” the judge said.

    Even when a the country sought the extradition from Sudan, of a Nigerian, Aminu Sadiq Ogwuche, the alleged mastermind of the Nyanya bomb blast, the Sudanese government did not jump at the request from Nigeria. It took months of rigorous scrutiny before the Sudanese government could release a Nigerian suspected to have been involve in the commission of a capital offence for trial in his country (Nigeria).

    Some few years ago some foreign citizens were accused of bribing some Nigerian officials in the Siemens, Julius Berger and Halliburton scandal. They were charged in Nigerian courts, but were never tried. Their companies were only made to pay some money as fine to the Nigerian government, after which the officials and their companies were let off the hook.

    However, two senior Siemens officials were found guilty of breach of trust and abetting bribery in Nigeria by a Munich court in Germany.

    Also, the Nigerian government once brought charges against a former ýUnited States’ Vice President, Dick Cheney, who it charged with corruption. He was charged as the Head of Halliburton when the company’s engineering subsidiary, KBR purportedly paid bribes to secure contract in Nigeria.

    The trial never went on as the Nigerian government, on October 14, 2010 ýdiscontinued the case. It was not in public domain whether Federal Government applied to the countries of these foreign nationals for their extradition to Nigeria for them to be tried here.

    Observers are of the view that since the Nigerian government is always eager to send its citizens abroad for trial, it should have also insisted that these foreign citizens were brought to Nigeria for trial.

    The latest case is that involving a former managing director of the Nigerian Security Printing and Minting (NSMPC) Plc, Emmanuel Okoyomon, who the Federal Government seeks extradite to the United Kingdom for trial.

    Okoyomon is purportedly wanted in UK over his alleged role in the bribery scandal involving officials of Central Bank of Nigeria (CBN), NSMPC and Securency International Pty of Australia, between 2006 and 2008.

    The government, through AGF applied on September 23 this year, for an order to enable it extradite Okoyomon to the United Kingdom based on a purported request by a UK’s Diplomatic Representatives, based on a supposed extradition treaty between the United States of America and Great Britain, signed in London on December 22, 1931.ý

    At the hearing of the extradition application recently before Justice Evoh Chukwu of the Federal High Court, Abuja, the AGF argued that the 1931 treaty  between the US and Great Britain was binding on Nigeriaý.

    Alex Iziyon (SAN), representing Okoyomon, disagreed, arguing that the treaty which the AGF relied on is not applicable to Nigeria and could not be a ground to extradite a Nigerian Citizen to the UK.

    “There is no treaty between the UK and Nigeria for the purpose of extradition of the respondent (Okoyomon) or any other person contrary to the submissions and assertions of the applicant (AGF). The treaty between the United States of America and Great Britain applied on to pre-independent Nigeria as part of the British colony at the time, and therefore subject at that time, to the treaty.

    “However, after Nigeria’s independence, all the imperial treaties and Acts applicable to Nigeria were repealed by the Extradition Act, Decree No. 87, 1966 which came into force on January 31, 1967.  In the absence of any Act of the National Assembly domesticating or making the said treaty applicable to Nigeria, no Nigerian can be extradited to the UK,” Iziyon said.

    Justice Chukwu has fixed judgment in this case for December 17.

    While many await the court’s judgment on this important case, lawyers have suggested that rather than ýsending Nigerians abroad for trial over cases that could be effectively tried by courts in the country, the government should consider strengthening the courts and prosecuting agencies like the Economic and Financial Crimes Commission (EFCC) to enhance their capacity to deal with such cases.

    Dr. Richard Chukwuemeka noted that the EFCC hasý experienced investigators and prosecutors, who can handle complex cases. He argued that pandering to foreign authorities by sending our citizens abroad for trial makes the country look cheap before other countries.

    “Nigerian authorities should be reminded that patriotism is not imposed on citizens. It is only when citizens believe that their country can protect their interests at any time that they will be willing to do anything for such a country. We should let citizens’ interests drive our policy direction in this country, particularly on foreign relations.” he said.

    Another  lawyer, Abdulazeez Ahmed of the Centre for Democratic Right (CDR), noted that the prison transfer agreement the country recently signed with the UK will be defeated if “we extradite our people to be tried in the UK only to have them shipped back to Nigeria to serve their prison terms. Those in authorities should reconsider the idea of taking Nigerians abroad to face trial at the behest of other countries, who are always reluctant to treat their citizens that way,” he said.

     

     

  • Media, law and good governance

    Media, law and good governance

    Text of a paper presented by Chief Joe-Kyari Gadzama (SAN) at a Lawyers in the Media (LIM) of the Nigerian Bar Association (NBA) forum.

    Over the past century, the relationship between the media and government at various times in Nigeria has always been largely governed by suspicion. In Nigeria, the ruling class is hardly comfortable with the media and the media on their part look at the government with suspicion. The history of the media in Nigeria has always been characterised by two major forms of ownership, those owned by the government and those owned by private individuals. These two forms of media ownership are all driven by separate agendas. The government media houses are used mainly as instruments of image-making for the government while the private media owners are driven by different motives, which could include profit making, agenda setting, and the gaining of political influence which can be later translated into political and business gains.

    The government is naturally wary of some of the activities of the media while the media seeks to provide information to the public and ensure good governance. We therefore have a stalemate. It is even more interesting when one considers the fact that the same government requires the media to educate the public on some of its unpopular policies. An example could readily be found in the fuel subsidy debate that occurred in 2012. The government required the press to sell its proposed policy of gradual subsidy removal to the populace.  The suspicion with which the government views the media could be traced to what is widely accepted as the ability of the media to influence public opinion. This belief may not be farfetched when one considers the significant contribution made by the media towards the political decolonization of Nigeria from the hands of the British. It is on record that the founding fathers of Nigeria i.e. the nationalists like Dr. NnamdiAzikwe, Herbert Macaulay, Chief ObafemiAwolowo, SAN, Alhaji Abubakar Tafawa Balewa, to mention a few, started their careers as press editors and publishers.In 100 years of the media in Nigeria therefore, the media has been worse off. Journalists, playwrights, poets, novelists and editors have all felt the wrath of the government on the numerous occasions that they have demanded good governance. They have been imprisoned, their newspapers banned and have faced kangaroo trials. This is without mentioning the uncountable occasions that members of the Armed Forces have “accidentally” killed or “accidentally” brutalised media practitioners. The Media has also not helped matters with largely lopsided, even if satirical write-ups, selective reporting and some irresponsible journalism. A misrepresentation of a government policy for instance or an agenda driven write-up on the activities of the government could if not managed properly, cause unprecedented chaos, particularly with the advent of the internet.

    The government is therefore under no illusions as to what a completely unfettered media in Nigeria can do. The media is also under no illusions on what a completely unchecked government can do. It is therefore an interesting relationship; one underlined by the fact that they both need each other. The media and the government have always worked together if not hand-in-hand and it is worthy of mention that the President, the Vice President, the Governors of each state and other high ranking government officials have media aides, selected from among media practitioners, who assist them in liaising with the media and the Nigerian populace.Flowing from the above, it would not be out of place to emphasize that it is on this fragile relationship, this delicate game of confidence, that a huge chunk of Nigeria’s future leans.

     

    Media and law : An appraisal of the current media laws in Nigeria

    We have in over 100 years of the media in Nigeria, promulgated and enacted several decrees and Acts with a view to regulating the sector at one point or the other. To that end, several laws have been put in place by successive governments, to keep the media in check. While this may sound oppressive, one needs tobear in mind the fact that without laws to its operations, the media would be practically impossible to control and we would then have on our hands, a problem bigger than any we have ever faced. Imagine a country where you could broadcast or print anything without checks; ethnic write-ups, unfettered extremist religious teachings, inciting speeches, unsubstantiated rumours, sensitive classified information and a host of others. Such a country would stumble from one crisis to another until it eventually goes off the rails and spins inexorably into orbit. To drive the message closer to home, imagine a situation where a privately owned Newspaper and perhaps one or two privately owned online media outfits, report that there has been a bloody coup in Nigeria. Immediately, there would be panic and the news, even if false, would spread really fast due to the infinite reach of the media. In the event that the government is unable to respond on time to these allegations, Nigerians would begin to believe it and gradually, other countries. There is no telling what that could lead to for the country; politically and economically.

    Law is, therefore, the only civilized instrument with which the activities of the mass media, be it government owned or privately owned can be effectively regulated.

     

    Improvement in Media-Government relationship

    It is imperative that the media and the government improve their relationship as their partnership is key to a successful Nigeria. In advanced countries, the media and the government, while they may have divergent views on issues, express these views within the ambits of legality and decency. In Nigeria however, the reverse is the case. Nigerians regularly take to twitter, facebook and other social media to insult the government. While it is true that governments and heads of government are insulted on social media in foreign, advanced countries, such insults are not as pronounced as they are in Nigeria.

    The Electronic and Print Media are no different. Government officials are regularly depicted as ‘clueless’ and incompetent through headlines, editorials and private contributions from individuals. Successive Nigerian Governments on their part, have also earned a reputation over the years for the treatment meted out to members of the media most especially the detention and physical manhandling of media practitioners by members of the armed forces. This is without mentioning the oppressive laws and decrees of the past, some of which are still operative even today.

    I believe there exists today, a high level of distrust between the government and the media. The media, especially the private media, must show that they are ready to engage the government in intellectual, robust debate and not unjustifiable witch-hunting or unwarranted criticism. If for instance, the government as represented by the Independent National Electoral Commission (INEC) conducts a free and fair election, the media outlets should acknowledge this fact irrespective of the political leanings of their owners. The current terrorist activities of insurgents in Nigeria should also unite the media and the government. Such activities should not be seen as an avenue to highlight the failings of the government without offering viable alternative solutions. The same goes for the recent Ebola outbreak in Lagos.

    The government must also treat the media with more respect and trust. They should sieve their various suggestions and identify those that are useful while respectfully doing away with those that are not. The Special Assistants to government officials on Media should also help to link up both groups in this regard. It is expected that with these measures put in place, 100 years of the media in Nigeria would not have been wasted.

     

    Conclusion:

    A cursory glance at the historical background of the mass media and law in Nigeria, will reveal both as partners in the struggle to sustain good governance in Nigeria.

    It can be therefore bestated without fear of contradiction that law and the mass media are not strange bed fellows in the struggle for good governance in the past 100 years in Nigeria. Through the media, the Nigerian populace has always been sensitized on the policies and programmes of government affecting their individual and collective interests. The relevant laws regulating media practice in Nigeria also assist in regulating their activities and curbing possible excesses that could result in anarchy if left unchecked. The success recorded by the media through purposeful journalism would not have been achieved without certain regulatory bodies controlling their affairs.

    The recently passed Freedom of Information Act 2011 is a right step in the right direction. With this piece of legislation, a fairer and better mass media environment is further guaranteed in Nigeria which will in turn foster more transparent governance.

     

     

  • A tale of woes

    A tale of woes

    For the parties, it was a week of primaries. But the exercise was full of woes for the Peoples Democratic Party (PDP)in Kano, Kwara, Adamawa, Abia, Delta, Kogi, Oyo, Ondo, Rivers, Ebonyi, Akwa Ibom, Cross River, Kogi and Lagos States, among others, it was chaotic at  governorship and assembly primaries. What does this portend for democracy and the rule of law? Lawyers share their views with PRECIOUS  IGBONWELUNDU .

    TO many, it is worrisome that 15 years after the return to democracy, politicians are yet to learn to accept defeat. Politics without rancour remains an illusion. The do-or-die approach to seeking political office has become the norm. Many, are yet to imbibe democratic ethos.

    The desperation to achieve power by all means, fair and foul, was witnessed during the governorship and assembly primaries. It was tales of crises in nearly all the states involving Peoples Democratic Party (PDP) aspirants.
    The All Progressives’ Congress (APC) has however, been exemplary in this respect. In all its primaries, which climaxed with its national convention in Lagos, there were no reports of rancour. But not so for the PDP.

    Tales of violence, deaths, lawlessness, malpractices and protestations greeted the ruling party’s primaries bringing to the fore the desperation to grab power at all cost among the political elite.

    Nigerians watched in awe, as politicians moved against themselves. In some states, stooges replaced ‘preferred aspirants’. In others, the delegates’ lists, a prerequisite for the primaries, simply disappeared.

    In Rivers and Lagos States armed thugs were used to scare away other aspirants and their supporters.

     

    Tales of violence

    In Anambra State, a member of the House of Representatives, Victor Ogene, who sought re-election on the platform of All Progressives Grand Alliance (APGA), dumped the party for APC, after alleging unfair treatment by Governor William Obiano.

    He claimed that the governor had ‘doctored’ the list to favour his preferred candidate.

    Aggrieved party faithful in Abia State claimed the assembly primaries did not take place as preferred candidates’ names were written and submitted to the headquarters. Where primaries were allowed to take place, the accreditation processes were marred with alleged fraud and irregularities to ensure the emergence of an anointed candidate. People alleged that elected and statutory delegates’ lists were tinkered with  since the names were not matched with pictures nor spelt out.

    In Rivers State, 16 aspirants and their supporters have threatened to dump the party over what they termed favouritism and imposition of Nyesom Wike, as dictated by the presidency.

    It was learnt that some of the aspirants led by Tony Princewill and Bekimbo Dagogo-Jack stayed away from the primary because of a pending suit on the outcome of the state congress, which they said was a sham.

    The story was similar in Ebonyi where Governor Martin Elechi, and former Health Minister and governorship aspirant, Prof. Onyebuchi Chukwu with other Elechi’s loyalists boycotted the exercise for want of credibility.

    They kicked against the emergence of Elechi’s deputy, Dave Umahi as the party’s standard-bearer. Elechi threatened to leave the PDP if the situation is not addressed.

    In Imo State, former governor, Ikedi Ohakim, called for the cancellation of the exercise alleging irregularities, bias and compromise from members of the electoral committee. Also, Ifeanyi Ararume cried foul over the emergence of Deputy Speaker, House of Representatives as the PDP governorship candidate. He hinged his grievance on alleged disparity in the number of accredited delegates and ballots cast.

    Like Ararume, Musiliu Obanikoro, former Minister of State for Defence and Lagos PDP governorship aspirant decried what he termed a complete sham and eyesore where the number of votes cast surpassed the number of accredited delegates.

    Obanikoro also kicked against the violence that marred the primaries, accusing one of the leaders of using hoodlums and unlawful means to impose his preferred candidate.

    The situation was no different in Enugu State as two aspirants, Ifeanyi Ugwuanyi and Ayogu Eze laid claims to being governorship candidates following parallel primaries. It was learnt that a disagreement arose between them, on one hand, and the electoral panel on the delegates’ list. The contenders including Prof. Onyeke Onyeke, claimed to be the party’s authentic flag bearer.

    Akwa Ibom, Kwara, and Yobe States PDP had their share of alleged imposition, with 22 aspirants threatening to jump ship in Akwa Ibom for underhand dealings in the primaries that favoured the governor’s anointed candidate, Odum Emmanuel

    It was the same story during the State Houses of Assembly and National Assembly primaries across political parties, including Ekiti where Dr. Ayo Arise accused the governor, Ayo Fayose of doctoring doctoring delegates’ list to favour his candidates.

    In Lagos, four persons were allegedly killed at Apena, Mainland Constituency 1, during the APC House of Assembly primaries following alleged violent protest by supporters of a politician. There were also protests in Ifako/Ijaiye Constituency 2 and Kosofe Constituency 2, among others. In Nasarawa State, police claimed four people died during APC State Assembly primary but a source in the party denied the report.

    Although analysts have described the hue and cries of some of the aggrieved aspirant as ‘bad-losers syndrome’, observers are of the view that the agitations if not properly handled, may sink democracy ship.

    The tensions coming at a time the country is faced with security challenge; congested and perceived corrupt judiciary, economic crunch, among other issues threatening the stability of the country, observers fear political unrest may lead to an overthrow of democratic rule by the military.

     

    Benchmark lowered?

    According to the Independent National Electoral Commission (INEC), the primaries were of low standard compared to those of 2011.

    Cross River Resident Electoral Commissioner (REC), Mike Igini wondered why the delegates’ list, which is an equivalent to the voter’s register, was not made available to all stakeholders, including INEC observers in most cases.

    He said: “The primaries process witnessed so far in the state (Cross River) are far below the standard of 2011 and this is not encouraging. It is strange that list of delegates, which is equivalent of voters’ register that should ordinarily comprise elected adhoc and statutory delegates for the various elections, that ought to be made available to all stakeholders including INEC has become a matter of conjecture and work in process.”

     

    Is the umpire culpable?

    In line with Paragraph 15, Part 1 of the Third Schedule and the Electoral Act 2010 (as amended) INEC under its current leadership, Prof. Attahiru Jega issued regulations for the conduct of political party primaries for the nomination of candidates for various positions.

    Among the rules are that a party seeking to participate in any election organised by the commission must conduct primaries, wherein all eligible members of the party must be given equal opportunity to participate; political parties must not create rules or impose conditions or set high expression of interest or nomination fees that could exclude aspirants on the basis of sex, religion, ethnicity, circumstance of birth or wealth.

    It further stated that no party should set criteria or conditions to pre-qualify an aspirant to contest in its primaries as candidate except such conditions are in line with the 1999 Constitution, the Electoral Act 2010 (as amended), the party’s Constitution, as approved by INEC, as well as the regulations, guidelines and directives of the Commission; and must within 21 days, submit a written communication to INEC primaries the date of its primaries, which must be held either directly or indirectly.

     

    Lawyers speak

    A former Nigerian Bar Association (NBA) president Rotimi Akeredolu (SAN) said the crises would not affect next year’s elections. He added that subsitution of candidates after election may no longer be possible.

    “Such a situation can no longer occur because it has been settled that someone who did not sit for an election cannot be declared winner of a process he did not take part.

    “The rancour was basically in the PDP and it is a reflection of the party. The APC primaries were transparent, free and fair. The aspirants have joined hands with the various candidates who emerged for the good of the party.

    “The crises in the PDP will not affect the system because election the timetable is out, which will be strictly adhered to. If anything, it is the PDP that will be destroyed for its lack of internal democracy. Parties must be honest and have transparent process.

    “Once processes are transparent, participants in a contest will have no reason to deny the result,” he said.

    Chief Emeka Ngige (SAN) blamed the unfortunate situation on INEC, insisting that if the commission had done its job as it should, political parties would have sat up.

    “What is happening is because of the failure of INEC to do its job as it should. The model for primaries was the APC Presidential primary election where all contestants were allowed to participate and at the end of the day, the ballots were counted in public glare.

    “INEC folds its arms and allow parties bridged their own constitution and even the country’s constitutional provision of fair hearing. INEC has not said anything about PDP’s adoption of the President as its sole candidate and so, the governors are following suit.

    “If INEC had given a very strict warning to parties that it would not tolerate unlawful practices in the conduct of primaries, and even go ahead to reject candidates produced through such practices, the political parties would be forced to do the right thing,” said Ngige.

    Constitutional lawyer Norrison Quakers (SAN) stated that lack of political ideology was the bane of the anomalies in elections.

    He attributed the rancorous primaries to the problem of winner takes all, which is not about service but gastrointestinal considerations at different levels.

    “To nip these abnormalities in the bud, well informed and mature electorate must emerge and a truly independent electoral institution put in place. The quest for political office is not about service, but about personal enrichment or financial liberation.

    “These trends will be curtailed, if those who had corruptly enriched themselves in the service of the nation are prosecuted and their ill-gotten wealth forfeited to the state.

    “Disqualification of candidates is not within the purview of INEC but the Court. I believe if the judiciary is allowed to fast track the hearing and determination of disqualification of cases before election for pre-election issues and election tribunals for post election issues, political parties would be careful in nominating and sponsoring candidates for elections.

    “The Police and the DSS should be allowed to screen all candidates for party primaries and any candidate with criminal record or is facing criminal trial or insolvency suit should not be allowed to participate in party primaries. The enforcement agencies should be apolitical and non partisanship,” he said.

    To Edo State Commissioner for Agriculture Abdul Oroh, a lawyer, corruption is the crux of the matter because power seekers do not have the intention to serve.

    He stated that the inordinate quest for political power can only be quelled if the people are allowed to freely exercise their franchise.

    “The road to democracy is hard because rules and procedures are observed more in the breach. If we follow the rules and allow the people to freely exercise their franchise in a transparent environment, rancour and will be removed and the process will gain legitimacy.

    “Corruption is at the heart of this inordinate quest for power because public service is now basically the great wealth. If the intention of power seekers is to serve the people and the nation, there is likelihood that the rule of law would be respected and accepted. The case is worse in PDP because most of its members believe once you’ve gotten the nomination you will be elected either by hook or crook.

    To Lagos lawyer and activist Theopilus Akanwa, the practice of anointed candidates should be discouraged and ‘godfatherism’ completely eliminated in the nation’s polity.

    He said: “The idea of anointing a candidate over the other aspirations by the sitting governors are the major causes of the crises. Godfatherism also plays a serious role in the crises. The idea of anointing a candidate over others should be avoided as such an anointed candidate may not be the choice of the people.

    “Let the will of the people be supreme. The attractions attached to political offices should drastically be reduced to avoid the do or die approach. Politicians should be made to understand that they are servants of the people.”

    Former NBA Ikeja Chairman, Monday Ubani, said the PDP primaries, particularly in the southern part of the country, questioned the party’s internal democracy and exposed the absence of the rule of law.

    “No one gives what he or she does not have. Democratic practices and observance of rule must start from the political parties which is the foremost institution in any democracy. Unfortunately after 15 years of return to democratic rule, we seem to have learnt and imbibe nothing as people who are in democracy.

    “I monitored PDP primaries all over the country, especially that of Abia where I come from, and my findings and conclusions are that the political elite are not ready to do Nigeria and Nigerians any good, rather, what motivates and rules over their lives is self; how much they can grab and steal from Nigeria’s treasury as a conquered territory. Their devilish plans start from congresses through which delegates for the primary elections are elected. The governors or the godfathers in places where the state is not controlled by them do not allow elections to hold at the wards or at the states.

    “I am not surprised with the hullabaloo that greeted the outcome of these primaries because the party has murdered internal democracy and they will not dare to sleep until they put their house in order. The most grievous of them all is that PDP national office did set up an Appeal Panel that  receives appeal from aggrieved candidates but deliberately do not attend to such petitions, yet they will punish any member who goes to court for a redress of the injustice on the ground that such a member has not exhausted the internal dispute resolution mechanism, when they know that such does not exist.

    ‘‘The desperation must be nipped in the bud if we want to make progress. The party must make a conscious effort to enthrone transparency in the process. All the lapses enumerated above are the handiwork of the party and, most times, they are allowed deliberately to ensure the emergence of their preferred candidates who most of the time may not be acceptable and credible. It is a costly act for them unless they correct themselves before the national election.”

     

  • As Buhari, Ambode and Ugwuanyi emerge

    The political environment is on a tailspin, with the cries of the politically robbed and the jubiliation by the successful gladiators. Of course there are those who suffer political hallucinations and delusions about their political worth, and as such, try to pass off mere political mirage as arrested political tsunamis. Among the political wayfarers and the wailing, it is difficult to distinguish the genuinely robbed, from the robbers who were beaten in their game.

    So, I propose to the weather beaten victims and failed aspirants, particularly those who abandoned their constituencies while the party lasted, a new law to establish a chartered institute of political arbitrators and mediators, to help arbitrate and mediate the rambunctious fractures arising from their rejection at the primaries. While the law makers work out the details of such an act, or law, to show their frustration, let us look at some of the celebrants, who are already gearing up, for the February show down.

     

    Alhaji Muhammadu Buhari

    Retired General Muhammadu Buhari, austere politician and veteran presidential contestant, and the candidate of the alternative national behemoth, the All Progressive Congress (APC), will square with President Goodluck Jonathan, as the main contenders for the 2015 presidential election. Fortunately for him, his co-contestants at the APC primary have accepted defeat with equanimity, and so will hopefully support him during the campaign and general election. But still he has the challenge of time and resources to prosecute the money guzzling presidential campaign.

    He will also have to contend with selling his vice presidential candidate, as the best, from among the very influential contenders, within his party. Hopefully the choice he has made will bring value towards a successful campaign. There is also the combustible issue of religion and tribe. Even more serious will be how to handle his several enemies, from among the top corrupt national elite, who know that a Buhari presidency could ruin their contrived life of opulence, luxury and corrupt enrichment, at the expense of the hoi polloi. But despite the challenges, Buhari will give President Jonathan a good fight.

     

    Mr. Akin Ambode

    The emergence of Mr. Ambode, an urbane retired civil servant, is substantially similar to that of Governor Babatunde Fashola in 2007, and Lagosians are hopeful that if he wins in 2015, he would perform excellently well, just like the incumbent. Ambode’s emergence as the gubernatorial candidate of the APC started off as a rumour, before the royal endorsement of the Oba of Lagos. Now, against the permutations of his co-contestants, he resoundingly won the contentious party primary.

    His major challenge now should be how to assuage the ill-fillings of the other contestants, who had high opinion about their political clout, but had languorously lost out at the keenly contested primary. As has been argued by other concerned commentators who have genuine sympathy for the success of the party at the general polls, there is the need to heal the fractious ruling party, before the elections in 2015. There is also the need to assure non-indigines that Lagos remains the center of excellence for all its inhabitants, regardless of religion or tribe.

     

    Hon. Ifeanyi Ugwuanyi

    As expected, Hon. Ifeanyi Ugwuanyi (Gburugburu) the preferred candidate of the incumbent Governor of Enugu state, Barrister Sullivan Chime, emerged as the gubernatorial candidate of the Peoples Democratic Party (PDP), though with some serious hiccups. Against the tradition of Ebeano political family, the deputy senate president, Ike Ekweremadu, successfully extracted a favourable compromise from the Governor. That is a good development, in the interest of enduring democratic culture. As I have stringently argued on this column, the closure of the political space against any form of opposition does not do anybody any good, not even the immediate beneficiaries of the existing status quo.

    Considering that Enugu state is substantailly a PDP state, it may be safe to conclude that Gburugburu will be coronated at the general elections, next year. Well that is if the state Ebeano family are able to put their fractious house in order. Towards that, I urge Hon. Ugwuanyi to reach out to his senior brother and colleague, Senator Ayogu Eze, in the overall interest of their senatorial zone, primed to produce the next governor of the state. Gburugburu must give it to Ayogu, he distiguished himself creditably well as a Senator, and with executive and legislative experience, would have made a fantastic Governor, if he was the choosen candidate.

    There is also the issue raised in a discussion I had with a friend and colleague, who argued in favour of our state producing a female senator, for the first time. Pushing his argument, he said that Enugu state is a laggard, when it comes to empowering women with high political office, and urged for suport for what many call, the tumultous emergence of Mrs Ifeoma Nwobodo (Ifeoma di niru), as the candidate of a faction of the PDP, to represent Enugu East senatorial zone. But that will wait for the final resolution of the party or the court, over the authentic candidate from among the three contenders laying claim to the same position. Furthering that argument, the alternative would be for Gburugburu to nominate a female, as his deputy.

    As we await the final showdown next February, it is my wish that Buhari will gain enough support, to pose a serious challenge to President Goodluck Jonathan, at the polls. To achieve that, he must come up with a dream team. As we count down to that election, which may make or mar our fractious nation, it is my earnest prayer that the campaign will be issue driven, with the candidates telling our troubled nation, how he can solve our numerous nation-state threatening challenges.

     

     

     

  • Lagos community urges court to remove monarch

    The Ewade Ruling House of Igboye  in the Epe Local Government Area of Lagos State has gone to court to seek the removal of their traditional ruler, Michael Onakoya.

    The claimants are praying Justice Iyabo Kasali of the Lagos High Court sitting in Igbosere, to declare that the monarch is not a member of the Ewade Ruling House. They added that he is not entitled to be nominated to the stool of the Orijeru of Igboye.

    They sought an order of perpetual injunction restraining Onakoya from parading himself as a member of the Ewade Ruling House or presenting himself for the stool of Orijeru of Igboye on the ruling house’ platform.

    The claimants also prayed for an order barring the Lagos State Government, its Attorney-General, and the Head of the Ewade Ruling House, Otunba Abdulwasiu Musa-Adebamowo (who admitted the claimants claims) from recognising Onakoya.

    Justice Kasali awarded N100,000 cost against Onakoya’s counsel, Mr Babatunde Osilaja, for failing to lead his witness in evidence, thereby stalling hearing in the case.

    Osilaja had called a witness, Fatai Mustapha, who was not earlier listed to testify. The claimants’ lawyer, Mr Babatunde Oyende, pointed out that Osilaja was supposed to call Onakoya, who was the only witness he listed, and not Mustapha.

    Osilaja then apologised for the “mix-up”, saying his secretary gave him the wrong file, which got him confused. He said he was not prepared to lead Onakoya in evidence, and therefore, sought an adjournment to enable him “put things in order.”

    Oyende and Musa-Adebamowo’s lawyer, T.A. Dairo, asked for N100,000 cost each after “vehemently” opposing the request for an adjournment, but Justice Kasali awarded them N50,000 each.

    The claimants are Alhaji M. A. Quadri, Chief Dauda Kadiri, Mrs Oladipe Otunowo (for themselves and as representatives of the Osekelu Branch of the Ewade Ruling House); Chief Gbenro Otunowo, Mr Yemisi Adegboyega and Mr Adeleke Ogunnubi (for themselves and as representatives of Okuyemi/Okuboyejo Branch of the ruling house).

    They alleged that the monarch is of the Erelu Ruling House, and that unless the court restrains him, he could deprive them their lawful right of producing the next traditional ruler.

    “Onakoya has, with the active connivance of the heads of the ruling houses, been parading himself as a member of the Ewade Ruling House whose turn it is to present the next Oba Orijeru of Igboye with the sole intention of depriving the bonafide members of the Ewade Ruling House of their birthright of contesting for and ascending the throne of the Oba of Orijeru of Igboye,” the claimants said.

    But Onakoya denied the claims, saying his occupation of the throne was legal and based on an agreement by all the ruling houses in Igbooye, a contract which he said was reduced into writing in 1987 and in 1989 and 1991.

    The monarch said his unanimous nomination and appointment followed all traditional conventions and customary laws, adding that the suit is “a collusive action tainted with malice, greed, inordinate ambition and selfishness.”

    Justice Kasali adjourned till March 10 and 11 next year for continuation of hearing.

  • Marriages cannot be dissolved on agreement of parties

    The Respondent as Petitioner filed a divorce petition against the Appellant as Respondent at the Osun State High Court sitting at Ilesa. The Respondent and Appellant were joined in marriage on 1st July 1989 at St. Thomas Catholic Church Ogotun Ekiti. According to the Petitioner/Respondent not long after the marriage, she discovered that the couple was not compatible. The husband was always beating her. At times he would lock her up and thus prevent her from going to work. He was always suspecting her of going out with another man. She was even admitted in the hospital as a result of the beating. The Appellant even beat her sister and father who tried to intervene. She had to leave her house which she built when the husband poured hot water on her. They both built the house. She was the one that bought the (plot) land in her husband’s name and her name. When she bought the land and started building, she was keeping the receipts with the husband to appease him and make him happy. The husband spent N700,000 on the building.

    Although the Appellant stated that he was only interested on the issue of the house, the Appellant nevertheless opposed the dissolution of the marriage because he invested in the wife and did not want to lose his investment. He also still loved the wife. He denied ever beating the wife. He did not do anything to make the wife leave the matrimonial house. It was discovered in 2004 that the wife was befriending one Mr. Femi Odebode but she denied the affair. Since then, she started staying away from the house for days. Efforts to reconcile with her proved abortive. Although the wife caused him to be arrested by the police and be detained for two days, he still loved her.

    The land and the house belonged to him and not to the wife. The house is not worth N3 million. He built it with mud block.

    After considering the evidence before him and addresses of learned counsel for both parties, the trial Court entered judgment in favour of the Petitioner/Respondent in part. The Appellant was dissatisfied and he approached the Court of Appeal asking it to set aside the judgment and dismiss the Respondent’s case upon six grounds of appeal. The following three issues were formulated from the six grounds of appeal.

     

    1. Whether the writing of affidavit verifying the facts of the divorce petition on a separate document other then on the petition complied with Order V rule 10(1) of the Matrimonial Causes Rules 1983 to make the divorce petition of the respondent competent for the court to entertain.

    2. Whether or not the ancillary orders made by the trial Court on settlement of property are supportable in law and in equity.

    3. Whether or not from the pleadings and evidence adduced by the parties their marriage could be said to have broken down irretrievably.

    Arguing issue 1, learned counsel for the Appellant submitted that the affidavit verifying the facts stated in the petition was not on the petition itself but filed separately. This it was submitted was not in compliance with Order V Rule 10(1) of the Matrimonial Causes Rules 1983 and rendered the petition incompetent which robbed the Court of jurisdiction to entertain the suit. On issue 2, it was pointed out that the Respondent as PW1 said the house was her own and that she built it herself but that this is not supported by the pleadings. Therefore the claim of the Respondent that the Appellant be ejected from her house ought to fail. It was submitted that the trial Court rightly held that the house was a matrimonial home jointly owned by the Petitioner and Respondent. As such the Respondent cannot be ejected therefrom as demanded by the Petitioner. However the trial Court somersaulted when it ordered the Respondent to vacate the matrimonial house. The Trial Court, it was submitted, correctly held that the Respondent “cannot just be ejected” as demanded by the Petitioner only to overrule itself and consequentially order the Appellant to vacate the matrimonial home and further directed the Chief Registrar to conduct a public auction of the house and distribute the proceeds of sale. It was submitted that the trial Court having found that the house was a matrimonial home jointly owned by the parties, ought to have invoked the provisions of Section 72 of the Matrimonial Causes Act, Cap 220, Laws of the Federation which deals with settlement of property. Section 72 of the Matrimonial Causes Act, it was submitted, is wide and sufficient for the Court to exercise its powers in settling the property without recourse to Yoruba custom which is inapplicable to this matter under the Marriage Act. On issue 3, it was submitted that despite the fact that there were three children of the marriage, the Respondent still argued that the marriage was not consummated. It was submitted that Section 15(2)(a) of the Matrimonial Causes Act will not avail the Respondent because there was consummation of the marriage between the Respondent and the Appellant.

    On Appellant’s issue 1, learned counsel for the Respondent submitted that the Appellant having failed to bring an application before the trial Court to set aside any irregularity in the petition cannot be heard to be raising such an objection at this stage for the first time. It was further submitted that under Order XXI Rules 2-4 of the Matrimonial Cause Rules, a petition cannot be defeated by any irregularity in the proceedings. On issue 2, it was submitted that the trial Court has unfettered discretion to make the order it made for the Appellant to vacate the house and for same to be sold by the Chief Registrar. Amaechi v. I.N.E.C. (2008) 33 NSCQLR (Pt. 1) 348; (2007) LPELR-9039(CA). On issue 3, it was submitted that the pleadings and evidence adduced by the parties show that the marriage had broken down irretrievably. The Court was referred to the remark of learned counsel for the Appellant at the trial Court that they were not contesting the divorce and all they were interested in is the issue of the house. Having caused the Respondent to narrow the issue to the house, it would cause the Respondent hardship to go into whether or not the marriage had broken down irretrievably. The trial Court was therefore right; it was submitted, in pronouncing the dissolution of the marriage.

    In determining issue 1, the Court cited that case of Unegbu v. Unegbu (2004) 11 NWLR (Pt. 884) 332 where the Court per Mahmud Mohammed JCA (as he then was) held that failure to do exactly what is required by Order V Rule 10(1) of the Matrimonial Causes Rules could be fatal to a petition. The Court noted that in that case which is very similar to this in the sense that Order V Rule 10(1) of the Matrimonial Causes Rules was not complied with the petition was struck out. The Court further noted that in that case objection was raised to the non compliance by the Respondent immediately he was served with the petition. However, the Respondent in this case raised no objection to the processes served on him, participated in the trial and conceded in part to the petition in that he did not object to the dissolution of the marriage. It was after hearing, addresses of counsel and judgment that the Appellant now sought to have the petition struck out for failure to comply with the rule. The Court held that when an irregular procedure is adopted with the acquiesce of a party to a civil action such irregular procedure cannot be a ground of appeal. Also where a wrong procedure has been followed in filing a process and no objection was raised by the party who should have objected, the Court is entitled to proceed with the hearing despite the wrong procedure followed. See Sonuga & 1 OR v. The Minister of the Federal Capital Territory & 1 OR (2010) LPELR 19789. The Court further held that the Appellant having maintained his silence on the wrong procedure in filing the petition after he had been served with the processes and participated in the trial to the end should therefore hold his peace. Issue 1, was therefore resolved in favour of the Respondent.

    On issue 2, the Court agreed entirely with the Appellant’s counsel that there was no basis for the somersault by the Trial Court. Having found that the Appellant cannot be ejected from the house it amounted to the same thing asking him to vacate the house and for it to be sold and the proceeds distributed according to Yoruba custom. The Court agreed totally with learned counsel for the Appellant that Yoruba Customary Law was inapplicable to this petition for the dissolution of a statutory marriage. There was therefore no basis for invoking Customary Law principles of distribution of the proceeds of the sale of the house. The Court held that the issue of dealing with the house under Yoruba custom had no basis as the marriage between the parties was not customary but statutory marriage. Issue 2 was resolved in favour of the Appellant.

    On issue 3, the Court held that no marriage will be dissolved merely because the parties have agreed that it be dissolved. The Court held that it will not be dissolved merely because it is a contract between two willing parties as the learned trial Judge held. The Court noted that the policy of the law is to preserve the institution of marriage. That is why marriages will not be dissolved on agreement of parties to it. The Court held that a decree for the dissolution of marriage would therefore only the granted if the petitioner has proved that the marriage had broken down irretrievably and that the petitioner finds it intolerable to live with the respondent. See Section 15 of the Matrimonial Act and Damulak v. Damulak (2004) 8 NWLR (Pt. 874) 651. Issue 3 was resolved in favour of the respondent.

    On the whole, the Court held that the appeal succeeds in parts. The order of the Court ordering the Appellant to vacate the matrimonial house and directing the Chief Registrar to get a valuer to value the house, sell by public auction and distribute the proceeds was set aside. The Court affirmed the decree granted for the dissolution of the marriage and the order restraining the Appellant from threatening or disturbing the Respondent at her place of work or abode.

    •Edited by Lawpavillion

     

  • Lawyers seek special courts for terrorism

    Terrorism has assumed a frightening dimension with the government appearing overwhelmed by the menance. But lawyers say “no” to the menace and are proffering a way out, reports ADEBISI ONANUGA

    Lawyers have called for the establishment of a Counter Terrorism Commission (CTC) and a special court to try terrorism cases.

    This, they said, would ensure speedier determination of terrorism cases.

    They gathered to review the various acts of terrorism, which are being unleashed on innocent Nigerians by the Boko Haram insurgency,  and the attendant government’s inability  to end the menace.

    They lawyers included  activist and constitutional lawyer,  Mike Oze khome(SAN), who was represented by Charles Omosohwofa; Head of Department, Jurisdiction and International Law, Lagos State University (LASU), Ojo;  Gbenga Ojo, a legal practitioner and lecturer in the Faculty of Law, LASU and former Chairman, Nigerian Bar Association (NBA) Ikeja Branch, Monday Ubani among others.

    Though terrorism cases are within the jurisdiction of Federal High Courts (FHC), they, however, pushed for the establishment of such commission or court to speedily try terrorism cases.

    The occasion was at this year’s Law Week seminar of the NBA, Badagry Branch, which has as its theme: “Terrorism: Threat to  human rights – the Nigerian experience”.

    Ojo, who was the guest speaker, said the National Industrial Court (NIC), was specially established to handle labour, employment and trade union disputes.

    “There is no reason why Nigeria should not establish a special court for cases of terrorism. The wheel of justice moves very slowly in the court including Federal High Courts. Time is of the essence in cases of trial of terrorists.

    “We advocate for the establishment of special courts for cases of terrorism.  This will complement the newly suggested Counter Terrorism Commission (CTC). It is only when Nigeria does this, that the country will demonstrate political will to fight and stamp out terrorism in Nigeria,” he said.

    The university don explained that the CTC should be in the nature of the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practice and Related Offences Commission (ICPC), adding that the commission should employ and train its lawyers in prosecuting terrorism.

    Ojo said the war against terrorism must involve capacity building for judges, prosecutors and investigators.

    He remarked that cases of terrorism should not be assigned on the basis of a lawyer being a Senior Advocate of Nigeria (SAN) or a professor of law.

    “The Federal Ministry of Justice should have a pool of lawyers specially assigned and trained comprehensively on prosecuting cases of terrorism with all its intricacies,” Ojo said, adding that judges should be specially trained on the laws, practice, procedure and intricacy of terrorism.

    He  stressed that quick dispensation of justice is one of the benefits of such training, urging the media to stop giving publicity to the activities of the terrorists.

    The media, Ojo said, should not be seen to be supporting the disintegration of the country, which the insurgents are noted for.

    “The act of terrorism is one of the  most heinous crimes in any state. Most times the motives are unclear and senseless. Nigeria has lost several human lives and huge material costs due to the senseless acts of insurgency in Nigeria,” Ojo said.

    Former Ikeja NBA Chairman,  Monday Ubani, observed that  individuals’ human rights are not respected by terrorists. “They kill and maim lives callously most of the times thereby depriving the citizens the right to life as guaranteed by the constitution,” Ubani said.

    He added: “On the other hand the government,  in a bid to effectively tackle the menace of insurgents, usually impose state of emergency on the areas affected and in the same vein deny the citizens  of their freedom of personal liberty and movement contrary to human rights provisions in the constitution.

    “The Nigerian experience has been  very horrendous. The insurgency has not only retarded human development, it has also retarded physical development. The country deserves peace if we are serious about developing the country.”

    Constitutional lawyer, Chief Mike Ozekhome (SAN), in his paper, advised that any measure to be taken by the country to combat the menace must comply with its obligations under the constitution and international rights instruments.

    Ozekhome, who represented by Charles Omosohwofa, said the country must make effort to develop and maintain an effective law enforcement and rule of law, based on national criminal justice system with respect to human rights.

    According to Ozekhome, law enforcement agencies such as the Police, military, SSS, DIA, NIA, Civil Defence among others, need re-orientation for them to be abreast of the duties expected of them.

    “They should be taught that respecting the rights of the citizens constitutes an integral part of their duty. The military in particular, being at the forefront of the war on terror, should be taught to know how to sift the wheat from the chaff in their quest to fight terror and ultimately help in restoring law and order.

    “As patriots, they should understand that extra-judicial killings, inhuman torture, degrading treatment under whatever circumstance and guise, constitute an infringement on human right and is a disservice to the nation,” Ozekhome stressed.

    The constitutional lawyer noted that one right usually violated more than other rights is that of fair hearing.

    “It is the evil propensity in the hearts of terrorists to kill and maim innocent harmless people without giving the individual the chance to defend themselves in a fair and just trial that often result in the carnage and open sadism being perpetrated by them.

    The chairman of Badagry branch of the NBA, Chief Chris Okoye in a welcome address said the theme was informed by the high level of kidnapping, the activities of the Boko Haram insurgency among others.

     

    Okoye lamented that Boko Haram  insurgents have been violating the sovereignty of the country and subjecting the citizenry to incessant bombings with resultant loss of lives and property.