The Nation Newspaper

Category: Law

  • Unpaid benefits: Falana writes firm

    The law firm of Falana & Falana’s Chambers has threatened to drag the Rivers State Commissioner for Agriculture, Emmanuel Chinda, the chairman of SIAT Mr. Pierre Vandebeeck and the Sole administrator of Risonpalm Limited to the Economic Financial Crime Commission (EFCC).

    The law firm, which recently entered into the lingering crisis as solicitors to the claimants, gave the defendants 21 days ultimatum to settle the defunct Risonpalm sacked workers or be reported to the commission.

    It would be recalled that claimants numbering more than 1,000 were disengaged abruptly from the service of the Risonpalm Limited with effect from 1st January 2012 by an internal memo dated 9th December, 2011.

    Mr. Oludare Falana who signed on behalf of the solicitors in a letter  which was directed to the Rivers State Attorney –General and Commissioner for justice said money meant for the sacked workers was fraudulently converted to personal use.

    The letter reads: “We are solicitors to the disengaged workers of Risonpalm Limited and since their abrupt disengagement from service their entitlement which includes gratuity, pension, benefit, NSITF/NPF and contributory pension has not been paid in spite of several demands.

    ”Our clients as an organized group has approved the management of SIAT Nigeria Limited which took over the affairs of Risonpalm Limited pursuant to an agreement which purportedly took effect from 1st of January 2012.

    ”With this letter, if the defendants fail to accede to our clients’ demand within 21 days inclusive of the date of receipt of this letter, we shall be left with no other option than to report the management of Risonpalm Limited, Ministry of Agriculture and SIAT to EFCC.”

  • Firm hosts clients

    Sterling Partnership, one of Nigeria’s leading commercial law firms, has held an end of year networking sesion for its clients.

    Acting British Deputy High Commissioner,  Mr. Mike Purves hosted the event at the British House in Ikoyi, Lagos.

    The private sector, representatives of government, and members of diplomatic missions attended the event.

    There were leading executives in the banking, oil and gas, energy, automotive, manufacturing, hospitality, tourism, entertainment and other sectors of the Nigerian economy in attendance.

    Also present were Rivers State Governor Rotimi Amaechi and a representative of  Lagos State Governor Babatunde Raji (SAN).

    Highlights of the evening were a brief congratulatory message from the Managing Partner,  Sterling Partnership, Mr. Israel Aye, to the firm’s founding partner Ms. Boma Ozobia, who was conferred with the national honour of Officer of the Order of the Niger (OON).

    Sterling Partnership is one of Nigeria’s leading commercial law firms with specialties in energy, real estate and infrastructure, finance and capital markets, technology and communications, transportation, public private partnerships, public law, intellectual property and entertainment.

    Sterling Partnership is solicitor the Centenary City project.

  • Ex-judge sues NJC

    A retired Federal High Court, judge, Justice Charles Achibong, has sued the National Judicial Commission (NJC) for denying him access to his record of service to defend himself in petitions written against him and the report of the council’s investigation.

    In a suit he filed at the Federal High Court, Abuja, marked: FHC/ABJ/CS/837/2014, the judge, who last served in the Lagos Division of the Federal High Court, said he had earlier last month, applied to the commission, under the Freedom of Information (FOI) Act, for access to his service records, among others, but was denied.

    He argued in a supporting affidavit, that the NJC, being a public institution, has the obligation to avail him all he requested for in line with the provision of the FOI Act. He said he needed the information to defend himself against media publications that he was compulsorily retired on corruption grounds.

    Justice Achibong, in the suit before Justice Abdulkadir Abdulkafarati, is seeking among others, an order of Mandamus directing the NJC and its agents to provide him with “a comprehensive and detailed information demanded concerning his service records, judicial activities, clearances, warnings and certified records of proceedings of the defendants that resulted in its recommendation to the president the be compulsorily retired.

    Other reliefs sought by the plaintiff include: “A declaration that the refusal, failure and/or neglect by the defendant to release the information requested by the plaintiff concerning his service records, judicial activities including all petitions against him amounts to violation of Section 7(1) of the Freedom of Information Act, 2011 and is therefore wrongful, illegal and unconstitutional;

    *A declaration that the refusal, failure and/or neglect by the defendant to release the information requested by the plaintiff is a violation of the provisions of Section 4(a) of the Freedom of Information Act, 2011;

    *A declaration that by a true interpretation and construction of Section 4(a) of the FOI Act, 2011, the defendant as a public institution, within the meaning of Section 7 and 31 of the Act,  is under obligation to furnish  him with the information he, and that NJC’s refusal to provide what he requested for “amounts to a violation of Section 7(1) of the FOI Act, 2011 and is therefore, wrongful, illegal and unconstitutional”.

    The judge also sought a declaration that the refusal by the defendant to release the information he requested constituted a breach of the duty of care owed to him at Common Law. He also sought N1million for general damages and N500,000 from the defendant for wrongfully denying him the information.

  • NBA honours Akinjide (SAN) ,Aare Afe Babalola (SAN), Babalakin others

    The Nigerian Bar Association (NBA) Ibadan branch will today  confer Lifetime Achievement Award  on  Chief R.O. A Akinjide, (SAN),  Aare AfeBabalola (SAN) Chief FolakeSolanke SAN, OFR; Hon. Justice Bola Babalakin, (JSC) (Rtd.);  Justice P. O. Aderemi, (JSC)  (Rtd.); Chief Bandele Aiku, (SAN) Justice D. E. A. Oguntoye (Rtd.); Chief Akin Delano (SAN), Chief S. P. A. Ajibade Chief M.L. Lagunju, Chief Emmanuel Abiodun, Justice Omotayo Onalaja, JCA (Rtd); Chief (Mrs) P.C. Ajayi-Obe, (SAN) and Justice Olayinka Ayoola  (Rtd) e.t.c. as part of the event marking its 60th year anniversary.

    The venue is the High Court of Justice Complex, Ring Road Ibadan and time is

    1.30pm

    This will be followed by the turning of the sword of the legend’s library

    The programmes marking the law week will begin  this morning with the President of the Nigerian Bar Association (NBA) Mr. Augustin Alegeh (SAN) as the chief host while Governor Abiola Ajimobi of Oyo State will be the Special Guest of honour

    Venue: Aare Afe Babalola Iyaganku,                             Iyaganku, Ibadan

    Time:  9 a.m

     

    The programme continues tomorrow Wednesday,  with a Seminar: ‘From Ibadan to the uttermost parts…. developing expertise In emerging sectors’

    Venue: Aare Afe Babalola Bar Centre,                          Iyaganku Ibadan.

    Time:   9a.m

    Participants include: Pioneer chairman of the NBA Section on Business Law (SBL) Mr George Etomi, Current chairman of SBL  Mr. Asue Ighodalo,  Attorney-General and Commissioner for Justice Ogun State, Mrs Abimbola Akeredolu, Chairman, Bi- Courtney Group and CEO Rise respectively, Dr Wale Babalaki and   Toyosi Akerele.

    Event two will witness the great debate:  “Compulsory pupillage for new wigs: how desirable?”

    Venue: Aare Afe Babalola Bar Centre,                          Iyaganku, Ibadan.

    Time:    I p.m.

    Participants include the former President of the NBA,

    Mr. Rotimi Akeredolu, SAN (Chairman)

    Ibadan and Ilorin Branches (For)

    Osogbo and Lagos Branches (Against)

    Thursday, December 4, will witness: Health Walk & Prison Visitation/ Free Health Assessment

    Assembly point for health walk: House of Chiefs, Secretariat, Ibadan

    Assemble Time: 8.30 a.m.

    Assemble at House of Chiefs, Secretariat, Ibadan

    Start Walk from House of Chiefs through to UCH 2nd gate to Total Garden and turn left and walk to Agodi Junction, make U-Turn back towards Total Garden

    walk back to NMA Secretariat near Total Garden for the free health check

    Dress Code: Anniversary T-Shirt and cap (Available for sale at N2,000.00

    Commencement of Free health check at Oyo State Secretariat of the Nigerian Medical Association (NMA), Opposite Newcastle Inn, Total Garden, Ibadan: Immediately after the Health Walk.

    Prison visitation by Exco with the Chief Judge of Oyo State for the commemoration of the toilets constructed for the Agodi Prisons and exercise of Prerogative of Mercy by the Chief Judge.

    There will be a football match and other games on Thursday evening

    Venue: Olubadan Stadium, Iyaganku,                            Ibadan.

    Time: 4 p.m.

    Chairperson: H.E. Chief (Mrs) Florence Ajimobi, First Lady of Oyo State

    There will be a  Mock Arbitration ‘The Failed Edifice’ on Friday

    Venue: Aare Afe Babalola Bar Centre,                          Iyaganku, Ibadan

    Time: 9.00 a.m.

    Chief Folake Solanke, SAN (Chairman)

  • Top 100 lawyers: Olanipekun, Adoke, Adegbonmire, others unveiled

    A list of the first-ever nationwide ranking of pre-eminent lawyers has been unveiled in  a book, Nigeria’s Top 100 Lawyers listing.

    The full list of the 100 top lawyers features leading litigators, transactional lawyers and lawyers in the academia who have shaped the legal industry over the years.

    They include acclaimed litigators Chief Wole Olanipekun (SAN) and Mr. Rickey Tarfa (SAN), Attorney-General & Minister of Justice Mohammed Adoke (SAN), and ‘new kid on the block,’ Mr. Adeniyi Adegbonmire.

    The ‘old guard’ was represented by Nigeria’s oldest surviving Senior Advocate, Chief Richard Akinjide (SAN), Prof. Ben Nwabueze (SAN), Prof. Alfred Bandele Kasunmu (SAN), Chief F. O. Akinrele (SAN) and

    Chief George Uwechue (SAN) among others.

    From the human rights community are notably Dr. Olisa Agbakoba (SAN) and Mr. Femi Falana (SAN), even as women lawyers held down some positions through renowned arbitrators such as Mrs. Funke Adekoya (SAN), Mrs. Dorothy Ufot (SAN), and Mrs. Adedoyin Rhodes-Vivour.

    While the list is perhaps expectedly dominated by Senior Advocates of Nigeria, several non-SANs muzzled their way into the listing, a clear indication that legal excellence can be found anywhere. Among the non-SANs who also made the list are respected solicitors such as Messrs Asue Igbodalo, Lawrence Fubara Anga and Bankole Sodipo.

    According to Emeka Nwadioke, editor of the compendium designed to celebrate the selectees, the ranking – to be published every year –”follows months of research and nationwide peer survey by our

    editorial team.”

    Nwadioke said the all-gloss compendium highlighting the career paths and accomplishments of the selectees will be released this month. The foreword to the over 100-page compendium was written by renowned Justice Emeritus of the Supreme Court, Hon. Justice George A. Oguntade (CFR).

  • Adoke loses bid to try Trade Fair staff

    The Attorney- General of the Federation (AGF) and Minister of Justice, Mohammed Adoke (SAN), has lost his bid to stop the trial of five former employees of the Lagos Trade Fair Complex accused of stealing N247, 746, 097.31.

    Justice Kudirat Jose of a Lagos High Court sitting in Ikeja, last week, dismissed an application by the AGF, seeking to stop the court in the trial of the five former employees of the Lagos Trade Fair.

    The defendants in the matter are Bassey Eyamba; Francis Dajilak; Lazarus Okocha; Barnabas Kolo and Eunice Okafor.

    The Economic and Financial Crimes Commission (EFCC) had arraigned the suspects before the court for stealing over N247 million belonging Professor Chika Nick Eze.

    They were in late 2013 arraigned by the EFCC over charges bordering on conspiracy and stealing.

    They were said to have committed the offences on various dates between 2009 and 2012

    The EFCC had alleged that the defendants fraudulently obtained various sums of money from tenants  by renting and selling some plots of land owned by the Trade Fair complex.

    The victim of the fraud, Professor Chika Nick Eze, who petitioned the EFCC, had narrated to the court how the alleged crime was perpetuated by the defendants.

    Prof. Eze insisted that the defendants kept collecting rents even after the complex has been given to his company, Pulic Nigeria Limited, a real estate management and development company, to manage.

    The offences, the EFCC said, contravened Sections 390 (6) and 516 of the Criminal Code, Laws of Lagos State, 2003.

    However, the AGF, through its counsel, Mr D.E. Kaswe, had at the last hearing of the matter, filed a nolle proseque (notice of discontinuance) before the court.

    Kaswe, a Senior Counsel, said he had instructions to withdraw the matter from the court.

    Citing Section 174 of the 1999 Constitution of the Federal Republic of Nigeria, Kaswe had told Justice Kudirat Jose of Lagos High Court, Ikeja, that his chambers had filed a notice of discontinuance before the court.

    According to him, “in the exercise of his powers the office of the Attorney-General of the Federation has entered a nolle proseque in this matter. I, therefore, urge Your Lordship to deem the notice as proper and the court should discontinue the suit.”

    Kaswe said the AGF had, therefore, exercised his power in accordance with Section 174 of the Constitution and urged the court to discontinue the case.

    Opposing the application, the EFCC counsel, Mr Anslem Ozioko, argued that the AGF had no power to discontinue a case filed under state laws.

    In her ruling, Justice Jose upheld EFCC’s argument.

    The judge noted that the powers of the AGF and the AG of a state were distinctly spelt out in the Constitution.

    She said: “Section 211 (a) of the 1999 Constitution is clear with respect to this matter. It is only the Lagos AG and not the AGF that can enter a nolle proseque with respect to this suit. The EFCC has the fiat of Lagos State Attorney General to prosecute this matter and that fiat has not been withdrawn.”

    Justice Jose adjourned the matter till February 16, next year for trial.

    Counsel to the petitioner, Victor Opara described the ruling as “a landmark decision, intellectually sound and judicially unassailable. The ruling has shown that the AGF and AG of states has limited scope of operation and constitutionally stipulated area of operation regarding the exercise of power of discontinuousof criminal proceedings.”

  • Media, law and good governance

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

    This topic could not have been any more apt than it is now, given the recent national and global happenings as it provides an opportunity for all of us, lawyers, journalists, public officials and other professionals, to dispassionately assess the pivotal role played by the media not only today, but in the development of Nigeria from the Colonial days to the First, Second and Third Republic, naturally with the sporadic Military interventions in-between (one of which lasted for 13 unbroken years), and finally, the advent of our current nascent (one must never fail to use that word) democracy.

    Throughout these aforementioned periods, our ‘gentlemen of the media’ were there. Some of them were detained for donkey years without trial and it looked as though they would never again see the light of day; others disappeared mysteriously and were never heard of again. Still some others were battered and bruised but despite these obstacles, the media has always performed its primary duty; informing Nigerians.

    I would, therefore, be stating the obvious if I stressed the importance of the Media to the world at large. Without information dissemination through the media, whether through radio, television, social or print, the entire society would no doubt be in the dark and members of such a society would be deformed for not being informed. Our world’s age is so mass media-oriented that we learn almost everything we know today through some media of mass communication -radio, television, newspapers, social media, magazines, community media, traditional media, books, films and so on and so forth, among a host of other media of communication1.

    Imagine a country without information; a country where you are pathetically oblivious of all that happens around you and where you travel to the next state not knowing that people have been told to stay off the road in that other state because there has been massive flooding for the past 3 days. It would not be an exaggeration to suggest that one would not survive for very long in an environment without information.The media is certainly a lot more developed than it was 100 years ago. We now have a high number of outlets; the internet has of late, become a very strong media tool and news spreads much faster.

    In the past, you had to wait for the papers, watch the news on television or tune in to a radio station. Now, a status message on a person’s Blackberry Messenger Page, shared in ignorance, spreads faster than wild fire and may send half the nation into a panic induced frenzy within minutes.

    In assessing the development and impact of our media in the last century, I have taken a look at its history as well as the long journey towards press freedom in Nigeria (By press freedom, I refer not only to the press but to all those who have retained their right to publicly express their opinion). Some of the pertinent questions to ask are these; After 100 years, can we say the Nigerian media is better off? Can we say that this is what we fought for? Are we satisfied with what we have? If not, how can we improve it? If we can find answers to these questions, then we will be able to say that we have successfully assessed the journey of the Nigerian media after 100 years.We would naturally refer every now and then, to Law, which is an instrument of social engineering, and which has authorised the operation of the media in Nigeria. Freedom of expression and the press which has been made one of the Fundamental Human Rights in our Constitution2 is a clear manifestation in this regard. The recently passed Freedom of Information Act 2011 is another giant step in this direction.

    It would not be out of place to state that the law hadin the past, been found to serve as a two edged sword for and against the media in the struggle to influence governance positively in Nigeria. The “law”, during the colonial era and more predominantly during the military era was used to checkmate, whittle down, or cripple the smooth running of the media at one point or the other. This, no doubt accounts for the late emergence of privately owned Radio and Television outfits in Nigeria. As we celebrate the Nigerian media at 100 therefore, we would do well to remember some of these incidents which are deeply steeped in our history.

    Once again, I must express my profound gratitude to the Lawyers in Media Forum of the Nigerian Bar Association for affording me this very rare opportunity to assess one of the strongest and most important components of the Nigerian State. It is my belief that our media will only improve after this.

     

    Conceptual definitions

    (a)Mass Media:

    The Mass media is a term that will be used often in this paper. It may be used interchangeably (albeit loosely) with the “Media” and the “Press” but it is far larger than both as it comprises all means of communication to wit; the Press, Entertainment (Magazines ,Comics, Television and Cinema) and other means of communication which reach large heterogeneous audiences and in which there is an impersonal medium between the sender and receiver3.It basically describes a situation in which information is sent to a large audience at roughly the same time. Comics and magazines are sold en masse and News is beamed live and to billions of people globally for example.It is also possible for one to influence people’s attitude and thinking through the mass media. An anti-semitic blog for instance would generally whip up sentiments against Jews on a large scale due to the sheer number of innocent people who read what is posted daily.

     

    (b) Journalist

    The Oxford Advanced Learner’s Dictionary defines a journalist as a person whose job is to collect and write news stories for newspapers, magazines, radio or television4. In carrying out his job, he disseminates information on a grand scale.

     

    (c) The Press

    The name encompasses the editors, the news reporters, paparazzi (who are also the photographers), the media hounds and the members of the Fourth Estate of the Realm.  They aptly epitomize the old saying that ‘the pen is mightier than the sword’. Saddled with the task of reporting the daily news, interview people, take pictures, make video recordings and write reports.

    They are also referred to as the Fourth Estate of the Realm.

     

    1. Brief history of the media in Nigeria

    Under this discussion, we shall look at the history of Nigerian media under the colonial era which is the period marked by the British colonialism and the post-independence era comprising both the military and the democratic governments in Nigeria. In 1859, the first newspaper in Nigeria, “IWE IROHIN” was established published by Reverend Henry Townsend who reportedly stated “my object is to get the people to read; and get them to inculcate the habit of reading”55The Media and the Democratic Process in Nigeria (1)

     By Professor Sam Oyovbaire

    culled from

    The Guardian Online – http://www.ngrguardiannews.com

    , .It was written in the Yoruba language of the South Western part of the country.

    IweIrohin was published by missionaries who had at least two objectives namely; to influence the traditional government they found in Egbaland whose mode of operation did not conform to their idea of “good” governance; and to further educate their Nigerian converts who had been taught to read and write as a means of promoting the assimilation of religious information6.

    Other newspapers followed IweIrohin not only in Yoruba, but also in English Language; and their locations were mainly in Abeokuta and Ibadan areas.

    The newspapers of the period, however were short lived as most of them lasted between six months and two years only.

    The important point however, is that between the 1850s and the late 1920s, the Christian press acquired some status of not only discharging the responsibilities of proselytising religion but also questioning the emergent colonialism and its multiple oppressive practices in Nigeria.

  • Abba: The strongarm police chief

    Abba: The strongarm police chief

    Although he is a lawyer, the Inspector-General of Police (IGP), Suleiman Abba, has shown no regard for the courts since he assumed office. He has the appearance of a gentleman officer, but all he cares about is doing the bidding of those who appointed him. He has turned himself into a court of law.

    He first bared his fangs when he withdrew the security aides of House of Representatives Speaker Aminu Tambuwal, declaring that he was no longer the Speaker having joined the All Progressives Congress (APC). He interpreted the Constitution, even though he is not a court.

    Last week, Abba showed up before the House Committee on Police Affairs to shed light on the November 20 invasion of the National Assembly when Tambuwal and other members were tear-gassed.

    The meeting, however, ended abruptly because Abba refused to acknowledge Tambuwal as Speaker in his speech, drawing the ire of the committee members.

    He described the lawmakers who climbed the gate to enter the complex as “suspected hoodlums” and blamed the security beef-up at the National Assembly on the Salvation Rally by the APC a day before.

    Abba said because of the “suspected hoodlums” who followed “Alhaji Tambuwal” into the complex, a tear gas canister “exploded” and the incident “is being investigated”.

    He said the security arrangement was going well “until when that was disrupted at the arrival of Alhaji Tambuwal”.

    Members were angry when the IGP continuously referred to the Speaker as “Alhaji Tambuwal”, expressing disdain at the manner the IGP was disrespecting the Speaker.

    Since he was appointed Acting IGP, Abba has made controversial decisions. Granted, he is playing out the script of the government controlled by the Peoples Democratic Party (PDP), but the manner he goes about it leaves a sour taste in the mouth.

    Many had thought that having served as the Assistant Commissioner of Police in charge of State Criminal Investigation Department (SCID) at the Federal Capital Territory (FCT) Command before he moved to the Force Headquarters as the Deputy Commissioner of Police (DCP), he would bring his gentlemanly mien to bear on the job.

    Having also served as Commissioner of Police in Rivers State and Aide-De-Camp (ADC) to Maryam Abacha, wife of former military ruler Sani Abacha who died in 1998 before being promoted to Assistant Inspector General of Police (AIG) in charge of Zone 7 on February 22, 2012, it was expected that Abba would consolidate on the good works of his predecessor.

    But, despite his academic background, including a first degree in History, and another degree in Law, in addition to attending the prestigious National Institute for Policy and Strategic Studies (NIPPS) in Kuru near Jos, the Plateau State capital, many are disappointed by Abba’s disregard for the law.

    He was promoted IGP on August 1 ahead of no fewer than eight superiors and many expected him to perform his duties with a sense of humility and professionalism which youth brings. Instead, he turned himself to a court of court.

    Announcing the withdrawal of Tambuwal’s security, he said: “In view of the recent defection by the Right Hon.  Aminu Waziri Tanbuwal, CFR, the Speaker of the House of Representatives of the Federal Republic of Nigeria, from the Peoples Democratic Party to the All Progressives Congress and having regard to the clear provision of section 68(1) (g) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the Nigeria Police Force, has redeployed its personnel attached to his office.”

    The section states: “A member of the Senate or of the House of Representatives shall    vacate his seat in the House of which he is a member if – (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected; Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.”

    Abba ignored Tambuwal’s argument that there was a division in the PDP, resulting in a factional ‘New PDP’, which eventually merged with the APC.

    After his security aides were withdrawn, Tambuwal went to court to challenge the Federal Government’s action executed through Abba. The Speaker is seeking an order of mandamus against the IGP reinstating his security aides.

    Tambuwal is also praying for a perpetual injunction restraining the PDP and its National Chairman, Adamu Muazu; the House of Representatives; the Deputy Speaker of the House; the acting IGP; the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF) from taking steps to remove him as Speaker before the expiration of his tenure on June 5, next year.

    Instead of waiting for the suit to be determined, Abba stuck to his gun, insisting that Tambuwal was no longer speaker by not recognising him as such.

    Abba did not take into consideration Tambuwal’s averment before the court: “I know as a fact that all efforts to harmonise the factions of the PDP in my home state in Sokoto has failed as there are still factions in the state.

    “I informed the members of the 3rd defendant (House) whilst announcing my decision to join the New PDP faction, which merged with the 2nd plaintiff (APC) that my membership of the 2nd plaintiff was based on the circumstances in my home state.”

    IGP also ignored two different court decisions that the seats of other former members of the New PDP, who are now members of the APC cannot be declared vacant.

    Tambuwal had cited the case of the PDP and other vs. Honourable Rasak Atunwa and 20 others, in suit No: FHC/IL/CS/6/2014 delivered on June 26; as well as the case of Ibrahim Magaji Gusau and two others vs Honourable Lawal Mohammed Zyyana and 20 others, in suit No: FHC/S/CS/4/2014 delivered on July 3.

    The APC has condemned Abba’s refusal to reognise Tambuwal as Speaker. In a statement in Osogbo by its National Publicity Secretary, Alhaji Lai Mohammed, the party said by refusing to recognise a Speaker elected by 360 members of the House of Representatives, and a Speaker who had neither been impeached by those who elected him nor removed by a court, the police boss had thumbed his nose at the constitution.

    “As the Speaker, Tambuwal is the symbol of authority of the House and our country’s number four citizen. By saying he does not recognise him as the Speaker, the IG has also indicated he does not recognise the House of Representatives. For a man who was not elected by anybody to make this impertinent assertion about elected representatives of the people is tantamount to treason. Mr. Abba has shunned all pretences to neutrality, professionalism and decency and he is no longer fit to occupy the important office of the IG,” it said.

    The party said Abba could have been helpless, as not obeying his employers could mean losing his job.

    “The truth is that he is dancing to a drum of perfidy being beaten by his masters at the Aso Rock Villa. In the process, he has acted in contravention of his oath of office.”

    A coalition of civil rights organisations under the aegis of the “Nigerians for Survival of Democracy” expressed reservations about free and fair election next year because of the partisan role of the police and the Department of State Security (DSS), which it said “have become private security of the ruling party.”

    Tambuwal files contempt charge

    Tambuwal wants Abba committed to prison for failing to recognise him as Speaker. He filed a motion to this effect at the Federal High Court, Abuja last Thursday.

    According to the Speaker, Abba’s refusal to recognise his office when he appeared before the House Committee on November 26 was a violation of the order made by the court on November 7.

    The court had directed parties in the suit to maintain the status quo.

    Tambuwal, therefore, wants the court to direct Abba to appear “in person and show cause why he should not be committed to prison for contempt of the order of this court ordering maintenance of status quo on November 7, 2014 and/or for acting in manners and ways which showed disrespect to the court.”

    After Tambuwal’s counsel, Lateef Fagbemi (SAN), leading eight Senior Advocates and 69 other lawyers, moved the motion before Justice Ahmed Mohammed, the judge directed that it was fair that Abba be heard on the issue raised in the motion.

    He said even President Jonathan has continued to recognise and address Tambuwal in official correspondence as “Honourable Speaker,” in obedience to the court’s order of November 7. He displayed copies of such letters from the President.

    Justice Mohammed said since Abba was represented by a lawyer in the substantive case, it was fair that he should be put on notice in relation to the allegation that he disobeyed a subsisting order of the court.

    The judge, relying on the provision of Order 26 Rule 10 of the court’s Civil Procedure Rules 2009, ordered that Tambuwal should convert the ex-parte application to motion on notice and directed that Abba be served with it.

    Tambuwal hinged his fresh motion on 15 grounds, including that Abba acted in ways that showed that he had no regard for the court. He stated that despite Abba’s lawyer’s undertaking that his client would not do anything to tamper with the res (subject of litigation) in the main suit, the IGP, who is also a lawyer, has refused to obey the court’s order.

    The Speaker cited other instances where the IGP allegedly violated the court’s order, such as when he sent some armed policemen to barricade the entrance of the National Assembly, thereby denying him access to his office.

    The Nigerian Bar Association (NBA) was among several groups and individuals who have condemned the IGP’s actions. Its President, Augustine Alegeh (SAN) said Abba lacked the competence to determine whether or not a provision of the Constitution has been violated.

    “That is a function reserved for the courts of law exclusively. We must state that the mere fact that Tambuwal defected from one party to the other whilst being the Speaker of the House of Representatives does not automatically strip him of his position as Speaker and the attendant protection by the Police,” NBA said.

    Former NBA President, Olisa Agbakoba (SAN) said Abba’s action was unconstitutional. “It is the duty of the court to interpret the Constitution, not the police,” he said.

    Lagos-based lawyer, George Oguntade (SAN) said: “It is important to restate that the police institution should detach itself from any involvement in partisan politics. Its constitutional role and functions are clearly delineated.”

    A former NBA General Secretary, Olumuyiwa Akinboro, said: “The action of the IGP is unconstitutional, undemocratic, autocratic as he lacks not only the constitutional powers, but also the ability and capability to determine the vacancy or otherwise of the seat of the Speaker.”

    Former Lagos State House of Assembly member Babatunde Ogala said: “It is for the House members to determine that Tambuwal would no longer be their Speaker by removing him. Neither the presidency nor the police have such powers in law.”

     

  • Class 89 plans e-platform for Law School

    Lawyers, who graduated from the Nigerian Law School in 1989, otherwise known as (Class 89), have unveiled plans to build and maintain an online platform for interactions among old and current students of the school.

    Its Chairman, Emeka Robert, said the platform will serve as a meeting point for both old and current students for the purposes of social and formal interactions, including mentoring of students by experienced legal practitioners with expertise in different areas of legal practice.

    He added that the platform will also include a membership portal, where the alumni of the school (over 100,000 since its inception in 1963) could register as members.

    Robert, who spoke in Abuja at the Class 89’s 25th anniversary lecture titled: “The future of legal practice in the 21st Century: Practice models in a globalised regime”, said the project was to aid the school in its quest to improve the quality of lawyers it produces.

    He said the project, if accepted by the school authorities, will take the Bar practical training to another level and put an end to the era of lawyers passing out with much ignorance and lack of confidence.

    The e-mentoring platform would enable legal experts and students to interact as they upload contents in video, audio and text format for the students to remotely access/download at their convenience.

    Roberts explained that alumni membership platform also comes with an e-donation module through which old students could make donations directly to the school to support its numerous programmes.

    Delivering the anniversary lecture, former Chairman, Section on Business Law (SBL) of the Nigerian Bar Association (NBA), George Etomi (SAN), noted that the profession was in crisis in view of the low level of adherence to ethical regulations and poor quality training.

    He said modern reality requires that Nigerian lawyers must learn to play internationally and help ensure that the country was transaction friendly. He urged regulatory agencies to ensure functional regulations capable of regulating every player in the nation’s business environment.

    “Globalisation is real. But the challenge is how to ensure a win-win situation for everyone. We must ensure that those, who are willing to practice here, must be subjected to local rules of practice,” he said.

  • The man Justice Mahmud Mohammed

    The man Justice Mahmud Mohammed

    The new Chief Justice of the Federation,Justice Mahmud Mohammed, has been described as a gentleman and an intelligent man, who understands the law, applies it as it is and not given to emotions.

    Born on November 10, 1946 in Jalingo, Jalingo Local Government, Taraba State, to Malam Mamman Maikato Bakin Kasuwa Jalinggo (a sawyer/timber dealer) and Aishatu Mamman of Garrkin Dogo Village, Lau Local Government, Justice Mohammed attended Malam Kasimu Koranic School, Jalingo (1950 -53), Junior Primary School, Jaling (1953-56), Senior Primary School, Jalingo (1957-59). He later proceeded to Secondary Technical School/Government College, Kaduna (1960-1964), where he obtained the West Africa School Certificate (WASC), Government College/Rumfa College, Kano ((1965-66) for his Higher School Certificate (HSC).

    Justice  Mohammed studied Law at the Ahmadu Bello University (1967-70); Nigerian Law School (1970-71); Commonwealth Institute of Legislative Drafting (1976); National Institute of Public Management, Washington, United States (US) (1980); Institute of Judicial Administration, University of New York, US (1982) and Institute of Advanced Legal Studies, University of London, United Kingdom (UK) (1983).

    He began his career in public service with the Ministries of Justice of the defunct Northeastern State, and Gongola State, and the judiciary of the Defunct Gongola State. In 1991, he was appointed the Acting Chief Judge of Taraba State, and was later confirmed as the Substantive Chief Judge of the state the same year.

    Prior to being appointed a Justice of the Supreme Court in 2005, he was Justice of the Court of Appeal, and then Presiding Justice. In addition to his legal qualifications, he holds a certificate in Legislative Drafting (from the Commonwealth Institute of Legislative Drafting);  a certificate in Human Rresources Planning and Management (from the  National Institute of Public Management, Washington, US);  a certificate of administration of justice in a presidential system of government (from the Institute of Judicial Administration, University of New York US); and a certificate in government legal advisers course (from the Institute of Advanced Legal Studies, University of London, the United Kingdom (UK).

    He is a life bencher, whose hobbies include swimming, reading, farming, animal husbandry and photography.

    Stepping in as the 15th CJN, Justice Mohammed has made history as the first  indigenously-trained lawyer to rise to peak of the judiciary.  His predecessors were trained outside the country.

    With impressive achievements by his immediate predecessor, all eyes are now on Justice Mohammed, who assumed office on November 20, to either sustain, improve upon or neglect the various reform initiatives deployed by her immediate predecessor, Justice Aloma Mukhtar, to reshape the Judiciary.

    While in office, Justice Mukhtar emphasised discipline among judicial officers, which saw many being prematurely retired.  Some were suspended, some hurriedly resigned on knowing that they were being investigated.

    She also fought to ensure that the Judiciary, both at the state and federal levels, is independent and free from being manipulated by the Executive. She also fought for its fiscal autonomy, which most governors are reluctant to abide with.

    Justice Mohammed has  been described as a blunt individual, who says things as they are and is not afraid to take unpopular positions on issues once he is convinced that his position is right. He demonstrated this sometime in 2010. In a ruling on the Sokoto governorship dispute, that latter resulted to an embarrassing end for the Judiciary, he distanced himself from the crowd by giving a dissenting opinion.

    The ruling, in the case marked:  SC.32/2010 with Alhaji Muhammadu Maigari Dungyadi and Democratic People’s Party (as appellants) and the Independent National Electoral Commission (INEC) and Aliyu Magatakarda Wamako (as respondents), was delivered on June 4, 2010. While the majority decision of the five-man panel that heard the case then was  that the Supreme Court could not, at that time, entertain governorship election matters and proceeded to grant an order stopping the Court of Appeal, Sokoto division, from giving  judgment on a case which it had concluded hearing and adjourned for judgment, Justice Mohammed dissented.

    He held, in his minority decision, that: “Yes, this court being one of the superior courts of record created by the Constitution and invested with defined jurisdiction under Sections 232 and 233, thereof prescribing original and appellate jurisdiction of this court, it is the same Constitution in the combine effects of the provisions of  Sections 246(1) and (3) and 285 thereof, that the jurisdiction of this court in matters arising from the decisions of Election Tribunals other than the decision of the Court of Appeal in Presidential Election Petition had been ousted.  See Awuse v. Odili (2003) 18 N.W.L.R. (Pt. 851) 116 and Onuaguluchi v. Ndu (2001) 7 N.W.L.R. (Pt. 712) 309.  

    “In the instant application, therefore, since this court has no jurisdiction to entertain the reliefs of stay of proceedings in the Court of Appeal Sokoto, the relief is hereby struck out. Application for stay of proceedings in the Court of Appeal Sokoto in appeal No. CA/S/EP/GOV/10/09 is struck-out as this court has no jurisdiction to grant the same,” he said.

    Agenda for new CJN

    Lawyers, who see him as a good replacement for Justice Mukhtar, are of the view that the only way to help the Judiciary is for Justice Mohammed to, not only inherit the reform measures initiated by his predecessor, but to seek ways of improving on them.

    Joseph Nwobike (SAN), Mahmud Magaji (SAN), Professor Julius Chukwuma, and the Executive Director, Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, urged Justice Mohammed to sustain the tempo of reforms introduced by his predecessor.

    Nwobike  said the new CJN is “a very disciplined, straightforward and intelligent judicial officer with considerable experience spanning several decades. He has  served as the Attorney-General in his state. He was a judge of the High Court, Court of Appeal before getting to the Supreme Court.

    “One striking feature of the new CJN is that he is a fearless judge, and he is a deep judge in the sense that he listens and does not act on emotions. I expect that, within his vision about the Nigerian Judiciary, he is going to consolidate the gains, which had been recorded under the immediate past CJN. In addition to that, I believe he is going to open up new frontiers that will enhance the overall administration of justice in Nigeria. I expect that there will be innovations. And that the next two years will also witness some level of judicial activism.

    “He should emphasise discipline among judicial officers, but such measure must have a human face. It should not be arbitrary because, if you noticed, some disciplinary measures under the immediate past CJN appeared to be arbitrary. He should try to ensure that the disciplinary process is fair and those accused of breaching judicial code of ethics are given sufficient opportunity to defend themselves.

    “He should take a second look at the current Law School education  system. And through the Body of Benchers, make certain imputs in order to enhance the quality of lawyers being produced from the Nigerian Law School. The problems will never end. I believe he will have his own ideas as to what to do,” Nwobike said.

    Magaji said: “We pray he will be able to sustain the tempo of reformation started by the immediate past CJN. We expect that he will pursue the line of rule of law, so that the independence of the Judiciary will be enhanced. This is because we are living in a terrible period in this country. He is assuming the head of the Judiciary at a trying period when everything seems to be falling apart.

    Chukwuma noted that “already Justice Mukhtar’s courageous posture has incited the ire of many, who did not take her counsel well. There is no doubt that at the expiration of her tenure, people who do not want her, will return to business as usual. And thereby rubbish the gains obtained from her ethical, professional management of the nation’s justice delivery system.

    “The new CJN must ensure that preventive measures are taken to reduce corrutpion and unethical conduct to the barest minimum. In this regard, there should be proper re-orientation of all the core staff, especially employees claiming ignorance of the code of conduct for Judiciary staff. This is to enable them understand the importance of their role as public servants.”

    Nwankwo said: “We expect the new CJN to reassert the importance of the independence of the Judiciary and non-partisanship of judges. We are in an election era and we have seen a couple of decisions from judges that question their unbiasness in the political process and we believe that the CJN needs to continually deliver the message of the importance of judges to restrain themselves from partisanship in this political era.

    “We also think it is important that the Judiciary goes back to its role of being the custodian and protector of citizens’ human rights. We have not seen the Judiciary play a lot of that role in the recent past, and we need to see the Judiciary come back to some level of activism that helps to protect the rights of some citizens in the country,” Nwankwo said.