The Nation Newspaper

Category: Law

  • When Olanipekun feted colleagues, others

    When Olanipekun feted colleagues, others

    Courtroom gladiators – from both the Bar and the Bench – dropped their customary jackets and gowns for the event. Their wigs and bibs were off-duty. It was no moment to splutter legalistic authorities to either defend or “kill” a case.  It was an event where clinking of wine glasses replaced unnerving sounds of the gavel.

    The event was not a court session. The rendezvous was the serene premises of the Premier Hotel in the ancient city of Ibadan, the Oyo State capital. The hilly hotel gathered learned souls and leading lights of the legal profession to celebrate another evidence of God’s Grace in the life of an outstanding legal icon, Chief Wole Olanipekun.

    To them, having a reception in honour of Olanipekun, a Senior Advocate of Nigeria (SAN), an Officer of the Federal Republic (OFR) and a serviceable President of the Nigerian Bar Association (NBA), who added another feather to his cap as a Doctor of Law (LL.D), courtesy of Nigeria’s Premier institution, the University of Ibadan, at the institution’s 66th Founder’s Day, worth the while.

    The honour was bestowed on him earlier in the day alongside other notable achievers, who have also distinguished themselves in their chosen careers. They are: The Emeritus Professor of Literature and the Nobel Laureate, Prof. Wole Soyinka, who bagged Doctor of Letters (D. Litt.); Emeritus Professor Theophilus Ogunlesi, Doctor of Science (D.Sc), and Emeritus Professor Tekena Tamuno, Doctor of Letters (D.Litt.).

    Amid rapturous applause, Olanipekun and his co-awardees were praised in superlative terms for using their endowments in selfless service to their fatherland.

    Also last Sunday, the President of Ibadan Business School (IBS), Chief Yinka Fasuyi, treated Olanipekun, his family and well-wishers to a lavish “pre-award” reception at his palatial home in Iyaganku GRA, Ibadan.

    Explaining the outing, Fasuyi said it was the school’s “token identification with the “laudable honour bestowed on Chief Olanipekun, our Vice Chairman”.

    The reception at the Premier Hotel perhaps exemplified Olanipekun’s value in the eyes of his colleagues, friends, associate and kinsmen. Gleefully, they thronged the venue in their best bib and tucker.

    Chief Folake Solanke (SAN), Dele Adesina(SAN), Prof Taiwo Oshipitan(SAN), Dayo Akinlaja (SAN) all stepped out to be counted. So was Eyitayo Jegede, Ondo State Attorney-General.

    The Ooni of Ife, Oba Okunade Sijuwade and the Alaafin of Oyo, Oba Lamidi Adeyemi, were represented by Oba Kole Ojutalayo and Oba Olayiwola Adereti; High Chief Kayode Ogunleye represented the Ewi of Ado Ekiti. The Regent of Ikere-Ekiti, Princess Ayooye Adegboye-Oyinlola was there with some of his chiefs. Also present were Prof Kolawole Jayeola; the Vice Chancelor, Ajayi Crowder University, Oyo, Prof Dele Olowokudejo; former presidential aspirant Dr Olapade Agoro; Dr Festus Akindunni, Managing Director, Geomatics Nigeria Limited; Ibadan-based lawyer, Ola Alonge and other frontline indigenes of Ikere Ekiti.

    Sumptuous foods and assorted drinks were there for everyone. It was merriment all through as Dele Galaxy Entertainment Band, led by Bamidele Ogunsola, kept all wriggling their waists to his songs – well blended with pulsating drum beats.

    Olanipekun, his delectable wife, Princess Omolara; their children and some of their in-laws were practically pleading with everyone to dine and wine to satisfaction.

    On the lips of most of Olanipekun’s guests was his exemplary humility despite his legendary accomplishments at the “young” age of 63.

    The Chairman of IJUNT Construzion Limited, Yusuf Adeoye, who said he had done some works for Olanipekun said described him as a unique giver. “His kindness is rare,” he said.

    The dancer in Olanipekun and his better half came to the fore – though to the pleasant surprise of many a guest – when they took to the dance floor. Not a few suspended their meals to catch a glimpse of his well-calculated dance steps amid cheers.

    In batches, guests joined the awardee at the cake-cutting session after which the dancing continued.

    Akindunni described Olanipekun’s honour as robustly deserved, adding: “He is the most humble, intelligent and hardworking professional. He is a gift to Nigeria and humanity as a whole.”

    To Agoro, “Wole is an embodiment of loyalty, industry, and humility. He is a rare human being with golden touch.”

    Asked how he felt about the award, Olanipekun said: “Coming at a time it came and given the caliber of eminent few, who also got awards same day from the same institution, and in a country where merit is not recognised, I see great honour in the honour. It is an encouragement for one to continue to do what one believes is good.”

  • Justice Mukhtar: I wanted to be a nurse

    Justice Mukhtar: I wanted to be a nurse

    For the first time, the immediate past Chief Justice of Nigeria (CJN), Justice Aloma Maryam Mukhtar told the story of her life in public. Justice Mukhtar, the nation’s first female CJN, narrated the story of how providence steered the course of her life from being a nurse to becoming an outstanding jurist. She spoke at a well-attended valedictory court session held in her honour. She retired on November 20 as the 14th CJN. Eric Ikhilae reports.

    The beginning 

    I was born into the family of Muktari and Hadiza 70 years ago in the City of Lagos.   I am the second child of my father, (the first died at a very tender age) and the first of my mother. My father was born in Wuro Sambe in the present Adamawa State to an itinerary trader father, who traversed the length and breath of Nigeria selling wares, from his Village of Janguza in the present Dawakin Tofa Local Government of Kano State.  My mother was an indigene of Misau, in the present Misau Local Government of Bauchi State. Her forefathers migrated from Borno and lived in Misau until their death.  They were called Fulata Borno i.e a mixture of Fulani and Kanuri, not Hausa.  So you can say I am Hausa and the above two put together.

    Early life

    I started growing up in Lagos among the Yoruba, the Yoruba language being my first often spoken language. I will at this juncture state that contrary to what many people believe, I am not Yoruba. No doubt, I speak Yoruba fluently (sometimes better than the Yoruba themselves as some people say) even better than my native Hausa language.  This is so with all my siblings as they also speak perfect Yoruba.  As a matter of fact, there is one who can never converse in hausa without alternating with Yoruba words.

    Loss of parents 

    My mother died on August 29, 1991, and my father on August 30, 1992, exactly one year and one day after the other.  It was a devasting period for me, for they were both very loving parents, who spared nothing to ensure I achieved the goal I set for myself. They were very patient with me, and I would say without them and God I wouldn’t have reached where I am today.  My upliftment by the Almighty Allah was made possible through them, and I can never thank all of them enough. I pray daily that “subuhana wata’ala” is keeping the souls of Hadiza and Muktari  in perfect peace in Aljannah firdausi.

    Choice to study abroad

    My father followed the footsteps of his father, who traveled extensively not only within Nigeria, but also along the West Coast of Africa, like Ivory Coast etc, and eventually lived and died in Freetown Sierra Leone. My father joined my grandfather in Freetown and remained there (leaving three of his elder children in Nigeria) until 1960 when he returned to Nigeria after his father’s death. On his return I told him of my desire to travel to Britain to further my education, having completed my Primary School and a part of post Primary education. He was agreeable and thought it was a splendid idea, in view of my past performance.   A passport was secured for me after I had gained admission to Rossholme School for girls in the county of Somerset, England.

    Being the only black in all white school/community

    It was a time when black people were, but a few in the United Kingdom (UK) and in particular, in the villages. In fact, I was the first black person to reside in East Brent, and it was the most harrowing experience initially, because I was always inundated with most ridiculous questions, like whether people lived on trees in Africa, and if it was true that Africans had tails like monkeys. Some months after my admission into the school another Nigerian joined me, and I became relieved as their   inquisitions were transferred to her, and with the two of us in that community they became more accommodating.

    Schooling in England

    I settled down to my studies and took my G.C.E. ‘O’ level Examinations in 1962 and was successful in the subjects I took and scored the highest grade in History.  As a matter of fact before the results were out I had been awarded the prize for the best history student in the school. After my Ordinary Level Examinations, I applied for the Northern Nigeria Government Scholarship, which I got to start the G.C.E. Advanced level programme.  I was admitted to Reading Technical College to study Economics, Economic History and the British Constitution. The first year virtually covered the whole syllabuses, and we were told we could attempt the Examinations if we wished.  Many of the students expressed their interest, so I also saw no harm in giving it a shot in preparation for the Examination after completing the two-year programme. It was in this wise that I did not fill the UKAS form for admission to any University.  Alas! to my utter dismay I passed two of the three subjects with good grades.  Armed with two ‘A’ level subjects I went to the Northern Students Affairs Officer Alhaji Usman Suka in the Agent General’s office in the Nigerian High Commission. The late Mallam Usman Suka looked at the result and in his excitement said, if I could attain this result after only one year he was certain I would pass the three subjects with flying colours after the second year. I asked him what he meant by that, and he replied that I should go back to Reading to complete the course and take the Examinations again.  I told him with my two ‘A’ levels I can secure admission to any college for any professional programme.

    Ditching Nursing for Law

    I toyed with the idea of being a librarian or a Radiographer at different times during that period.  That was after jettisoning my long time dream of adorning myself with the white Nursing Sister uniform and its cap when I was growing up. Prior to that there were three gentlemen, who were studying law in Chapel Street, and who had always teased me about studying law too.  I say teased because I never thought I would be able to sit for lengthy hours reading books, the way I see them do. When I showed them my results and told them the dilemma I was in, not wanting to go back to Reading for the completion of the ‘A’ level programe one of them suggested that I enroll in the Inns of Court to read law.  I again asked the question do you think I can do it, they all in chorused that I could.

    The three gentlemen were Moshood and Muazu Abdulmalik (of blessed memory) and Lameen Metteden.  I heeded their advice and headed to the High Commission to meet with Malam Suka again on what the next course of action on my studies would be. As soon as I entered his office, he looked at me with frustration in his eyes and asked if I had made up my mind about going back to Reading. He had a dream for me to further my education up to a Masters Degree level in the University. At that time my view was that a minimum qualification would suffice for any woman, and I conveyed this to him. He gave me a stern look and said “yarinya nan kina da taurin kai” meaning I was a stubborn girl. I am afraid this description followed me!! Anyway, he agreed to process an admission for me into one of the Inns of Court to see if I could become a lawyer as I had earlier told him I wanted to try.  He succeeded in enrolling me into the Middle Temple and also into the Gibson and Weldon School of Law on Chancery Lane London.  May Allah keep him in Aljanah.  I wish he was alive to see that stubborn girl today!!

    Beginning of Law training

    I started the Bar programme with Roman Law and another subject, and yet another subject of learning to glue myself to the chair in the library, for at that time I was restless and liked to be on the move all the time.  It was like a punishment initially, but with time and practice I got used to it and became properly focused.   In early 1966 I was ready to attempt my part II English Bar Examinations and I took it with some of my Northern Student mates. At that time, it was difficult to pass the final Bar Examinations at the first attempt, most especially because of the most ever difficult subject called ‘Equity’.   I will digress a little bit at this juncture to narrate a joke associated with the subject. Two women met at the popular Shepherds Bush Market in London and one after the usual greetings said to the other “Mama Tokunbo o ma to ojo meta, mo se bi eti pada lo si ile ni” to which the other answered, “Equity ni o je ka ti lo o” meaning ‘Mama Tokunbo it’s a long time, I thought you had gone back home, to which the other retorted that the subject of Equity had prevented their return, as her husband had been battling with it without success.

    Now, back to the first attempt at the final Bar Examination.  I took the Examination and to my surprise I got a conditional pass, which left me with a failure in Common law and not the almighty Equity as is the fear of every law student. I was beside myself with joy as it was as though I had already become a Barrister at law.  The fact that I still had a subject to sit again was inconsequential because it was the easiest subject, having done its components in the first part of the Bar Examinations. In fact, that must have led to the failure in that subject because I took it for granted, and so did not revise the different components very well.  On reading the result, I quickly proceeded to Mallam Suka’s office.   I entered his office with such excitement that he stared at me with consternation. I broke the good news to him that I had a conditional pass at the first attempt.

    Having been the Student Affairs Officer for some years, he appreciated my excitement and joy for he was experienced in the intricacies of the Bar Examinations.   He congratulated me.   I told him my plans, which were to work towards sitting for the Common law subjects, which I failed and the booking of my journey back to Nigeria immediately after the Examination.

    He did not understand the sequence of events as tabled before him, so he told me to carefully layout what I was contemplating to do in detail.  I told him I would take the Examination in July and then proceed to Nigeria in August to await my resumption at the Nigeria Law School in the 1966/67 session. I would apply for provisional admission pending the outcome of the result.  He couldn’t believe what he heard.  He shouted that I would be taking a big risk in the circumstance as I may fail the subject.   I told him I can’t fail, for it was an easy subject, which I failed because I was careless, and that if I failed I could always come back to repeat it, as I was tired of England. In his characteristic way, he looked at me with disbelief, shook his head and reiterated my stubborn tendencies.  He tried to convince me to change my mind, but I refused, so he recorded my requests to pay for the resist Examination and book my passage on the ship, MV Apapa to return to Nigeria; and also to apply for provisional admission in the Law School for me.

    Back to Nigeria

    In September, 1966 I set out on MV APAPA from Liverpool, England for a two-week journey by sea to Apapa, Lagos.  On arrival, I proceeded to the Nigerian Law School at Igbosere Street at the earliest opportunity. I met with the Administrative Officer, who gave me some forms to fill and informed me of my provisional admission that would be confirmed as soon as the result of my common law is out. I already knew when the result would be out, so on that day I went to Kingsway Stores along the Marina, to buy a copy of the London Times Newspaper in which the Bar results are usually published. As soon as I saw my name under the reference list of the results, I proceeded to the Law School to show the Secretary, who had in fact, already seen it and had already prepared all papers necessary for me to commence the one year programme.   On November 22, 1966, during the Michaelsma Term, I was called to the English Bar at the Middle Temple in absentia.  In absentia meant I was not present at the call. The library in the Law School became my favourite room in the building because of the coolness from the air condition, and on the pretext that I was studying I would bury my face on the table even when I was sleeping! At the Law School everything went on smoothly as I enjoyed the company of many of my mates with whom it was jokes and laughter galore.  The saying that all work and no play makes jack a dull boy was indeed, our watchword. We had what we called made in Nigeria lawyers, and made in England lawyers!!  We were called to the bar in June, 1967.  There were only eight females in that set, and only three of us became Judges.  Some became successful Private Practitioners, and one became a business woman.

    Beginning of career in public service

    As it was the practice during that period, letters of appointment were already waiting for all of us on Scholarship. I proceeded to Kaduna to obtain my letter of employment as a Pupil State Counsel in the Ministry of Justice. A few months later, I was seconded to the legal drafting department of the Interim Common Services Agency as a legal draftsman under an English man called Mr. King.  I think he is late now because even at that time he was well over fifty years old. I must say at this juncture, that it was at that point that I started imbibing the discipline that has helped me throughout my career.  I learnt to be punctual to the office and to remain in the office unless it became absolutely necessary to leave. At that time reporting time for work was 7.30 a.m., and if at anytime I was a few minutes late, Mr. King would stand at the door, waiting for me.  As soon as he sights my car he will herald my arrival with the words ‘Here comes Her Majesty.’  The late Mr. Adesiyun, who later became the Chief Judge of Benue State with whom I shared the same office, would always inform me of this.  On such occasions, I would sit down uncomfortably waiting for Mr. King to chide me.  Sometimes, he would and sometimes he would simply ignore me, and the latter always bothered me more.

    Life on the bench

    In 1971 the state was short of Magistrates and there was a backlog of cases especially in Maiduguri.  The late Alhaji Buba Ardo,  (bless his soul), after pondering the situation invited me to his chambers to discuss the problem with me. He wanted me to become a Magistrate.  I was disturbed and it was palpable, for he immediately added that it would be temporary until they are able to recruit lawyers from outside the state. I did not like the proposition as I was happy with what I was doing then and did not want to leave my colleagues. He gave me an undertaking that it would be for only six months after which I would return to the Ministry. I became the first woman to be appointed a Magistrate in the Northern States of Nigeria. Of course, I never returned to the Ministry.

    In January 1977, I was sworn in as a Judge of Kano State, thus becoming the first female to be appointed a Judge in the Northern States of our beloved country, and the third in the country as a whole. The first female Judge in the person of the late Mrs. Modupe Omo-Ebo, was appointed in November 1969, and the second one Elsie Oguntoye, a Briton married to a Nigerian, was appointed just a few months before me, and so an era of Women Judges in a terrain that was hitherto, dominated by the males began. At the time I became a Judge, I was only 32 years old, which made me the youngest Judge in the Country.  As a pioneer in the North and virtually one in the country, I was determined to acquit myself and justify the confidence reposed on me by the members of the then Advisory Judicial  Council, who found me worthy of the position.    I was also determined to carve a niche for myself with a reputation that was unparallel, so I applied myself to the work, because I knew that if I was to excel I had to work thrice harder than the men.  Things eased out to the advantage of women over the years and they were encouraged after exhibiting their intelligence and honesty to all. After my appointment and the appointment of another three females in quick successions, only six women Judges existed in the country for many years, until the floodgate was opened for them to join the Higher Bench of the Judiciary. To God be the glory, today there are 277 Women Judges presently in the country as against the 749 male Judges. For this, I implore my sisters to be humble in all they do, for he that is humble will forever have God to be his guide.

    Initial disappointment

    I rose to be number two in the hierarchy of the Kano State Judiciary, and was to remain number two for years to come until I was elevated to the Court of Appeal.   In 1982, the then Chief Judge, (an expatriate) retired, and a Judge, who came on board a few years after my appointment as a Judge, was made the Chief Judge. When an exercise for appointments to the Court of Appeal commenced the new Chief Judge asked if I was interested, I answered in the negative, because in spite of the situation on the ground, I had no desire to be moving from state to state as the office demands. In 1985, the incumbent Chief Judge left for the Court of Appeal, again history repeated itself, for again I was superceded by the then number four or five in the hierarchy of the court, after acting as the Chief Judge for sometime, becoming the first woman in the country to discharge the function albeit temporarily.  I took it in my stride and continued to work as though I was meant to be number (2) forever!! To me, Allah wished it that way, and if he had said ‘no’ nobody could have commanded it to be ‘yes’.   Indeed, it was as though I had full knowledge of what he had in store for me in future.  People were always surprised at my attitude towards these developments. Some wondered aloud how I could still continue to work and apply myself the way I had done, but I always explained to them that if I changed my modus operandi, it is the citizens and the lowly that would suffer, and not those responsible for the situation. The people, however, always appreciated my imputs, and the fact that my hard work had impacted on the society at large encouraged me the more.

    Elevation to the Court of Appeal

    And so it was that in September, 1987, I was elevated to the Court of Appeal, courtesy of the then Government at the Centre.  Again I was the only woman in the midst of 28 of the President’s Men, thus making me the first female to be so appointed, and that feat remained so until six years later, when another woman in the person of Late Hon. Justice Atinuke Ige, was appointed. Today, there are over 20 women in the Court of Appeal, a development which nobody envisaged would happen in 1979 when the Court was established.  Incidentally, I never envisaged that any woman would climb up the ladder to that level. So, to be candid, I never aspired to get there. To me, the High Court was the ultimate and was enough for me. Indeed, as I watched one of my seniors being sworn-in on the television one evening, I said to myself this is for men only, not any woman.  Little did I know that even with my pessimism, I was destined to head the Judiciary of Nigeria. At that stage I did not even think of the Supreme Court, not to talk of the position of the Chief Justice.  Wherever I found myself I was always contented and full of gratitude to Almighty Allah, the most merciful and the most gracious, who can make and undo.  I knew Allah would make my sojourn in the Court of Appeal a success, and it was with this in mind that I reported at the Jos Division of the Court, where I worked for 5 years before I was transferred to the Ibadan Division of the Court.

    I lived in Ibadan from 1992 to 2000 and became the Presiding Justice of the Division.  There I was able to further polish my Yoruba Language, and it was there the revered nomenclature of ‘Mama’ (which has up till today followed me) was given to me.   I became a Bencher there and always attended meetings at the Nigerian Law School, Lagos, from 1993. In the year 2000, I was transferred back to Jos, this time as the Presiding Justice of the Division.  I have always liked the Tin City because of the weather and its serene environment, coupled with the fact that the workload was less tasking.

    Elevation to the Supreme Court

    By 2005, God moved in his usual mysterious way to facilitate my movement from Jos to Abuja by way of making my elevation to the Supreme Court possible.  Again this achievement did not come easy.   My gratitude goes to those who conceived the idea and brought it to fruition.  On June 8, 2005, I was sworn in as a Justice of the Supreme Court of Nigeria together with three others.  Yes, God performed His miracle on me again in His merciful and benevolent way, by making it possible for me to sit on the Highest Judicial Bench in the land.

    My faith in Him continued to wax stronger and never in any situation faltered.   Having reached the Court of Appeal, I had no doubt in my mind that it would one day come to pass in spite of all the intervening travails.  That was in fact,  why I folded my arms and waited on Him. It was not out of pride or arrogance that I refused to solicit anybody’s assistance. It was my faith and confidence firmly anchored on God’s mercies that guided me.  When I am accused of staying aloof and refusing to pursue the actions that may accelerate the growth of my career, I always answered that God sees the work I put in to justify my wages and position as He implores us to do in the two holy books, and also watches my attitude to the work He has entrusted me to do.  Moreover, I was convinced that I discharged my judicial functions the way Allah orders us, Judges, to do. I focused on the teachings of the Holy Quaran in Chapter IV Verse 58.

    Appointment as CJN

    Again, I left everything to Him, who has always been there for me.  For I was confident He would choose what was right for me, and prayed that it was whatever he thought would uplift me in His eyes that He should make possible. On July 16, 2012, I was sworn in as the Chief Justice of Nigeria by His Excellency, Dr. Goodluck Ebele Jonathan.  That was the ultimate for me and I was extremely happy to be the first woman to be so sworn-in.  On that day I was also conferred with the National Award of GCON (the second highest honour in the land) by His Excellency, a feat which no woman had ever achieved in this great country of ours. Early this year, I was pleasantly surprised when I was honoured during the Centenary Celebration of Nigeria with the Outstanding Contemporary Public Servant award.  That was another great day for me.  For all these, I am very grateful to his Excellency.  I also appreciate his support and co-operation in respect of my reforms, his attitude towards me, and the respect that goes with it.

    Challenges as female CJN

    As the first woman Chief Justice of Nigeria, I knew I had lots of challenges before me.  First, a challenge to show the nation that given the opportunity, a woman can perform the function of the Chief Justice as effectively and efficiently as any man. Secondly, a challenge to reform a Judiciary that was always a subject of attack and ridicule to one that is worthy of commendation.  Thirdly, a challenge to transform the system of Judicial appointments to be based on competence, coupled with good character rather than nepotism and influence. With the co-operation of the National Judicial Council I was able to achieve my objective, but not without some challenges. I will stress here that (contrary to complaints and allegations) every Judge  investigated and sanctioned was given a fair hearing with defence lawyers in attendance. I have been in the Apex Court for over nine years, over two years of which I have spent as the Head of the Nigerian Judiciary.  I owe this feat also to Nigerians, who have put their trust and faith in me.  I am sometimes amazed at the amount of confidence Nigerians have reposed in me right from my elevation to this court.  Their faith in me has never faltered inspite of the machinations of a few. I hope I have not disappointed them. It is their fervent prayers that have continued to sustain me

    Final note

    This year is the 47th year since I joined the Government Service of Nigeria, and looking back to all these years I can confidently say I have been fulfilled.  Yes, they have been fulfilling years filled with thrills, happiness, sadness and blessings of God.  For this, I praise and thank God.  I thank Him for being my strength in times of tribulations. I thank Him for making it possible for me to have unshaken faith in Him.  I thank Him for being my pillar in the face of adversities.  All is well that ends well, as it is indeed, very much applicable to me. To all my well-wishers and non well-wishers alike, I say thank you for making all these possible.

     

     

  • Elevation of Justices Mohammed and Nweze

    The recent stirring in the Supreme Court takes precedence for this column above the disgraceful conduct of the executive and the legislative arms of government, in the past week. With utmost respect, I refer to the recent appointment of my Lord, Justice Mahmud Mohammed as the Chief Justice of Nigeria, and the elevation of my Lord, Justice Chima Centus Nweze, of the Court of Appeal, to the Supreme Court. While I had looked forward to celebrate the cerebral acuity and professorial fecundity of Nweze, JSC, the epochal appointment of our home groomed Chief Justice of Nigeria, shows that the legal profession in Nigeria, has come of age.

     

    Justice Mahmud Mohammed CJN

    So, I join other Nigerians to celebrate the first Chief Justice that is reportedly trained in Nigeria up to the Nigeria Law School, as different from his predecessors who were first trained in the Inns of the English Bar. It is my earnest hope that this development will manifest in a reformist judiciary, which will pursue a more philosophical blend of the best of the inherited English legal system with the best of our traditional and cultural precepts, to drive and promote a more compassionate social justice system, and less of anarchical technicalities, for the progress of our dear country. In my humble view, this will require a radical reformation of our adversarial system of justice, the imputation of mediatory role by Judges during trials, and less dependence on rigorous technicalities, particularly with respect to the enforcement of fundamental human rights.

    I will therefore most humbly re-submit my humble exaltations, under this column in 2012, when my Lord, retired Justice Mariam Aloma Mukhtar, was appointed the Chief Justice of Nigeria, to wit: “In my humble view, I will advise her (his) Lordship to examine the judicial impact made by the world renowned Jurist, and former Chief Justice of India, Justice P. N. Bhagwati and his ageless pronouncements and revolution in India with regards to public interest litigation. If she (he) wants to be positively remembered, then she (he) has to seek out the guiding principles of the radical sides of such eminent Supreme Court Justices like Chukwudifu Oputa, Kayode Esho, Muhammed Uwais, Nnaemeka-Agu, and a few older colleagues and make a feast of them”.

    Justice Chima Centus Nweze JSC

    The recent elevation of Justice Chima Centus Nweze to the Supreme Court is salutary, for anyone who has followed his trajectory. His Lordship’s profile is an intimidating combination of sagacious intellectualism and judicial activism. Over the years, my Law Lord has adroitly combined his judicial work, as a brilliant Judge, with outstanding academic excellence, which ranks him among very distinguished legal scholars and university Professors.

    From 1995 to 2007, Justice Nweze served as a Judge of the High Court of Justice, Enugu state, and during that period, he was from January to April, 1999, a member of the Ondo state local government election petition tribunal; and from April to June 1999, he served as the Chairman Ogun state governorship and legislative houses election petition tribunal. He also served as the Administrative Judge, Nsukka Judicial Division, from 2001 to 2003. Twelve years after he became a Judge, Justice Nweze was elevated to the Court of Appeal in 2007, and was sworn in 2008. From the Court of Appeal, My Lord has now been elevated to the Supreme Court of Nigeria.

    In academics, Justice Nweze has manifested great intellectual prowess. With a Masters Degree, and a Doctor of Philosophy, in Law, from the prestigious University of Nigeria, Justice Nweze’s academic exploits ranks among putative University Professors. While serving as a Judge, Justice Nweze was at a time a distinguished scholar (pro bono) at the Enugu State University of Science and Technology. He was also a visiting Associate Professor of Law, Ebonyi State University, a visiting Human Rights Scholar, Faculty of Law and Convener/Coordinator, International Human Rights Law Program, University of Nigeria. No doubt, Dr. Nweze, the learned Justice of the Supreme Court, has a ringing reputation as a legal scholar, and distinguished book reviewer.

    Before now, Justice Nweze showed his uncanny legal profundity in his years at the Court of Appeal. A few of his prodigious judicial pronouncements will show this other side of this legal luminary. For instance, in Udotim and Ors vs Idiong and Ors (2013) LPELR 22132 (CA) 13-14, F-D, Justice Nweze JCA (as he then was) on the meaning and nature of discretion, profoundly held: “Discretion, according to settled authorities, is not an indulgence of a judicial whim, it is the exercise of judicial judgment based on facts and guided by the law of equitable decisions, UBA Ltd v Staliau GMBH and Co. K. G. (1989) LPELR-3400(SC). It is the court’s epistemological tool for winnowing solid truth from windy falsehood; for dichotomizing between shadow and substance and distilling equity from colourable glosses and pretences. By its very character, judicial discretion does not brook any capricious exercise of power according to private fancies and affections. We find support for this opinion in Rook’s case (1598) 5 Co. Rep. 996, cited in Ayantuyi v Governor of Ondo (2005) 14 WRN 67, 91.”

    From the foregoing it is safe to conclude that the recent elevation of Justice Nweze to the supreme sanctuary of our national judiciary, otherwise known as the Supreme Court, is a plus to the apex court and the entire legal community. Also, the new CJN no doubt assumes the leadership of the apex court, at a very difficult time in the life of our country, considering the unscrupulous context for power, between contestants for the executive and legislature positions, in the run down, to the 2015 general elections. My prayer is that the heavenly Lord, will guide my Law Lords, in their onerous task, as impartial arbiters.

     

  • Successful plea of the defence of provocation reduces offence of murder to manslaughter

    The Appellant was charged with murder contrary to Section 316 (2) of the Criminal Code cap 30 Vol. 11 Laws of Ondo State of Nigeria 1978 before the High Court of Ondo State sitting at Ikare Akoko.

    The case of the prosecution against the Appellant was that on or about the 9th day of July 1999 at Agbaluku Arigidi Akoko in Ikare Judicial Division the Appellant killed one Sadiq Jimoh by hitting him on the head with an axe. The late Sadiq Jimoh was hired by the daughter of PW1 one Fausatu Kolade as a labourer in the farm leased from PW2. When PW1 heard that the hut in her daughter’s farm had collapsed, she went to look for the deceased in the house. When PW1 got to the house of the deceased, she was told that the deceased went to her daughter’s farm and had not returned. On getting to the farm, PW1 saw the Appellant (a stranger) and on inquiring about the deceased, the Appellant denied knowledge of the whereabouts of the deceased. PW1 went to the house of PW2 to report that she did not see the deceased. PW1 and PW2 went to the farm to search for the deceased but did not see the deceased. Later that day, some people informed PW1 and PW2 that they saw the Appellant bleeding from severe matchet cuts on his body on the road. PW1 and PW2 went there to meet the Appellant. PW2 took the Appellant to his house, gave him food and delegated people to watch over him. Further searches of the farm revealed the dead body of the deceased in a decomposing state under some leaves. The local police were invited. They took photographs and then took the body to a morgue. PW3, IPO from Ikare Police Station obtained a statement from the Appellant – Exhibit A. In Exhibit A, the Appellant denied killing the deceased. However, he made a confessional statement to the police at Akure – Exhibit C.

    The Appellant retracted the confessional statement at the trial but the defence nevertheless rested their defence on Exhibit C. That the Appellant gave a graphic account of what happened in Exhibit C that he had just been released from prison and some people gave him N200.00 for transportation. He was dropped at an unexpected junction and had to trek for about 5 kilometers for a whole day without getting to his destination. He became weak and tired. He went into a hut in a farm, did not see anyone but noticed that corn was being boiled. He went in took some of the corn and started eating it. When the deceased came, he attacked him with matchet cuts to his head and all parts of his body. He reached out for an axe in the hut and used it to cut the deceased. The deceased sauntered off from the hut and died. PW2, PW3 and PW4 also testified that the Appellant had matchet cuts on his body and PW4 said there was evidence of a struggle between the deceased and the Appellant as even the wooden bed in the hut was stained with blood.

    The prosecution called four (4) witnesses and tendered three (3) Exhibits and three (3) photographs as identification. The Appellant did not call any witness but testified in his own defence. The learned trial judge relied on exhibit C and other circumstantial evidence as proof of the killing of the deceased by the Appellant. He considered the defences of self-defence and provocation but could not find any of the defences in favour of the Appellant. He found the Appellant guilty as charged for the offence of murder and sentenced him to death accordingly. Dissatisfied with the judgment, the Appellant appealed to the Court of Appeal. Learned Counsel for the Appellant nominated two (2) issues for determination. They are:-

    1. Whether on the evidence which the trial court accepted the defence of self-defence and provocation were available to the Appellant.

    2. Whether the findings of the trial court were not perverse.

    The Learned Counsel for the Respondent adopted the two issues formulated by the Appellant.

    Learned Counsel for the Appellant submitted that in the instant case, the Court can only rely on the story of the Appellant and that in looking at the relative conditions of the parties, after the event, it is obvious that the Appellant was severely injured by the deceased. In relation to the test of proportionality, Counsel submitted that the response with an axe for deadly matchet blows is an appropriate response. He argued that both are weapons capable of causing death or grievous harm. And that in any event, the Court should not be looking at the weapon when the objective of the defence is to save one’s life from imminent death. He referred to the cases of Uwaekweghinya V The State (2005) LPELR-3442(SC) and Laoye V The State (1985) 2 NWLR (pt. 10) 832 at 843; (1985) LPELR-1754(SC). Counsel submitted that from the facts elicited in evidence it is clear that the deceased was the first to attack the Appellant by giving him a matchet cut on the head and all over his body. That, when a man attacks another man with a matchet cut to the head and body, any reasonable person would definitely be under the apprehension that the attacker intended to kill or cause grievous bodily harm. Learned Counsel conceded that there is no evidence of retreat by the Appellant but that the prosecution did not prove that the Appellant could retreat. Counsel submitted that all we know from the evidence is that the hut was partly collapsed. We do not know whether it had multiple exits.

    Learned Counsel for the Respondent submitted that the defence of self-defence cannot avail the Appellant. That the position of the law is that an accused person can properly claim the defence of self defence only where he admits that he did the act which caused the death of the deceased but was justified in doing so to protect his own life and would have been killed or was in such fear when he committed the act.

    The Court noted that the concern of the Appellant in his issue 1 is for a re-consideration of the availability of the defences of self-defence and provocation to his case.  The Court further noted that for the defence of self-defence to avail an accused person he or she must show that his life was so much endangered by the act of the deceased, that the only option that was open to him to save his life was to kill the deceased. That the defence of self defence will only fail if the prosecution shows beyond reasonable doubt that what the accused did was not done by way of self-defence. In the instant case, the Court agreed with the conclusion of the learned trial judge that in the circumstance the defence of self-defence could not avail the Appellant.

    On the other hand, the Court did not agree with the learned trial judge that the defence of provocation would also not avail the Appellant in all the circumstances of this case. The Court agreed with the Learned Counsel for the Appellant that if the content of Exhibit C was true, the provocation of the Appellant was grave and sudden. And, that a reasonable man in the station of the Appellant would have lost self control. The Court held that the Appellant was sufficiently provoked by the reaction of the deceased who matcheted him (the Appellant) on the head and other parts of his body merely for coming into his hut and eating his corn. The Court held that the defence of provocation is available to the Appellant in this case.

    Having resolved the two (2) issues in this appeal in favour of the Appellant, the Court held that the appeal was meritorious and it was accordingly allowed. The Court further held that the effect of a successful plea of the defence of provocation is to reduce the offence of murder to the lesser offence of manslaughter. Ajunwa V State (1988) 4 NWLR (pt.89) 380; (1988) LPELR-308(SC). Accordingly, the conviction and sentence of the Appellant for the offence of murder on the 14th day of May 2008 by the Honourable Justice P.I. Odunwo in suit No. HIK/1C/2004 was set aside. Instead, the Appellant was convicted for the offence of manslaughter and sentenced to ten (10) years imprisonment.

     

     

     

     

  • Tambuwal: Lawyers fault police invasion of National Assembly

    Tambuwal: Lawyers fault police invasion of National Assembly

    Akin to a scene in a war  movie, scores of  armed security operatives (Police and SSS) last week invaded the National Assembly (NASS) complex and cordoned-off the premises to ‘screen’ entrants into the building.

    The exercise, which had the security agents screening lawmakers and others seeking to enter the premises, was, according to the Inspector General of Police (IGP), Suleiman Abba,  orchestrated by an ‘intelligence report’, which showed that some ‘criminals and hoodlums’ wanted to wreak havoc on the NASS premises.

    Though on recess till December 3, the lawmakers had announced an emergency session for Thursday because of President Goodluck Jonathan’s request for the extension of emergency rule in troubled Northeastern states of Adamawa, Borno and Yobe.

    While the security forces were carrying out the screening, the Speaker of the House of Representatives, Aminu Tambuwal, approached the gate with some of his supporters and colleagues, but they were denied access into the premises.

    Angered by the action of the police, some of the lawmakers tried to pull down the gate while others scaled the high perimeter fence to open the gate for the Speaker and others to enter.

    What ensued after they successfully broke the police’s cordon was a barrage of tear gas canisters thrown recklessly towards the advancing lawmakers. Tambuwal, whose colleagues formed a defensive wall around, was seen covering his nostrils and mouth with a white handkerchief to cushion the effect of the tear-gas.

    The assault, which many have described as an orchestrated plan to prevent Tambuwal from entering the Green Chamber to perform his role as Speaker, is the second attack on him by the Abba-led police since his defection to the All Progressives Congress (APC).

    The first was the withdrawal of his security details 24 hours after he announced his exit from the Peoples’ Democratic Party (PDP) to the APC. Tambuwal challenged the action at a Federal High Court in Abuja.

    However, the NASS could not carry on with the business of the day as the Senate President, David Mark, while shutting down the complex, described the onslaught as barbaric and an application of maximum force.

    Mark, who was said to have been thoroughly teargased, was quoted in a statement by his Press Secretary, Paul Mummeh thus: “This (shutting down of the NASS till today) followed the invasion of the National Assembly by security operatives who thoroughly teargased Senators, members of the House of Representatives, staff and journalists.

    “An embarrassed Senator Mark, who had rushed out to the House of Representatives’ Chamber ostensibly to address the situation on hearing the development, was thoroughly teargased along with his colleagues while returning to his office after conferring with the Speaker, Aminu Tambuwal, and his deputy, Emeka Ihedioha.

    ”After due consultation with his colleagues in both chambers of National Assembly on this ugly development, it was agreed that today’s (Thursday’s) session be suspended forthwith. The Senate President condemned the application of maximum force on parliamentarians and civil servants, who were in their respective offices to do their duties.”

    Coming at a time when seven PDP lawmakers in Ekiti State, acting under heavy security presence, ‘impeached’ the House of Assembly Speaker, Adewale Ominrin, and his deputy, Adedeji Orisalade; as well as the current hullabaloo playing out at the Edo State House of Assembly, observers have expressed dismay on the partisan role of security agencies.

    Although some faulted the lawmakers for resorting to self-help by conducting themselves disorderly and scaling the fence thereby, flaunting the very laws they made; many have described their actions as an act of defiance, which should be commended.

    Analysts insisted that the IGP should avail his men with the provisions of the Constitution to avoid obvious ‘partisanship’ and disregard for other arms of the government. But to lawyers, the IGP has to be sacked with immediate effect to allow for the appointment of a police boss who will be apolitical.

    George Oguntade (SAN) said the IGP must be called to order to avoid anarchy.

    He said: ‘‘It is crucial that Nigerians call the IG to order immediately, particularly in the light of the impending general elections. If this is not done, there is the possibility of a total breakdown of law and order.

    ‘‘The IG needs to take a second look at the Constitution, which clearly spells out the role of the Nigeria Police (NP). He cannot act outside the scope of the constitutional provisions.

    ‘‘The conduct of the NP led by the IG is clearly unacceptable and constitutes a clear and present danger to our nascent democracy. As at today, Tambuwal remains the Speaker of the House of Representatives having not been impeached by his colleagues or removed by a judicial order.

    ‘‘The IG cannot constitute himself into a judge as well as executioner. He had already shown his hand and where his loyalties lie when he ordered the removal of the security details of the Speaker.”

    Renowned lawyer, Funke Adekoya (SAN), said the presence of the police at the NASS complex was an affront on the principles of separation of power and a bad idea.

    She said: ‘‘Whether authorised or not, the intervention by the police was a bad idea. Even if there was a security report as to the breakdown of law and order, they should not have stopped the legislators from entering.

    ‘‘It is that action that has given rise to speculations as to the true intent of their presence; being to stop the Speaker from presiding. If there was a breakdown of law and order in the chambers during the sitting, the officials could legitimately call for police intervention.

    ‘‘Their presence and actions are a clear executive interference with the legislative arm of government and should be roundly condemned by all, who uphold the principle of separation of power as a key underpinning of the democratic process.’’

    Former Edo State Attorney-General Dr. Osagie Obayuwana said the action of the police was evidence of their disregard for constituted authority. He saluted the lawmakers for resisting the police, which tried to deny them access into their place of work.

    Obayuwana said the police’s action showed crudity, lack of discernment and un-professionalism.

    ‘‘I salute the lawmakers for exhibiting the spirit of defiance. The reason stated by the police for the blockade was an afterthought and not tenable. Is the police now ascribing the status of hoodlums to the Speaker and other lawmakers?

    ‘‘From the attitude of the police, they see only the executive arm as constituting government that is why they have no regard for other arms of government. It is not only the legislature that has suffered such embarrassment. Some justices of the Supreme Court have been subjected to humiliation.

    ‘‘Can the police prevent the President from going to his office because of intelligence report? Instead of blocking the gate they should have applied discernment to know who to keep off. It is because of lack of professionalism that people hesitate to go to the police.

    ‘’This is another disgrace the people of Nigeria remember this era for. It typifies the crudity and total lack of discernment of government agencies.

    ‘‘Are the police not supposed to do its investigation discreetly in order to fish out the criminal elements, if truly there was any? Why should they throw away the baby and the bath water? Linking it up with the APC protesters of the previous day further showed the partisan nature of the police,’’ said Obayuwana.

    The former Commissioner further argued that Abba’s refusal to honour the house committee’s summons showed that his loyalty lies solely with the executive.

    He said: ‘‘See how their (police) indiscretion held the nation to a standstill. Even the Supreme Court could not function that day because the chaos occurred at the three-arm zone. Do you know how long people whose cases were adjourned would have to wait?

    ‘‘People will be pushed to extreme measures if the police continue to display partisanship. We are not in a state of anarchy yet but near. The current situation is an example of the fact that our institutions are not functioning as they should.

    ‘‘The lawmakers only exhibited the spirit of defiance against undemocratic tendencies and not anarchy. How can you keep a state official from his place of work? What happened to the police department that uses sophisticated weapons to carryout investigation? Why was such tactics not deployed in this circumstance? That is why I said their defence was an afterthought.”

    A Constitutional lawyer, Fred Agbaje, described the blockade as primitive and an aberration to the principle of separation of power, calling for the removal of the IGP.

    He said: ‘‘The gratuitous attack on the National Assembly by security agents, acting on behalf of the Federal Government, is not only violative and primitive of the cherished principles of separation of power upon which our present democratic experience revolves, but an unpalatable threat to our democracy and the rule of law.

    ‘‘The sanctity of our hallowed parliament cannot and must not, under any guise, be provocatively desecrated by overzealous security agents in such a barbaric and crude manner as done on Thursday.

    ‘‘Hence, the heads of the security/police must be sacked immediately to allow for a smooth democratic growth/rule of law in Nigeria.  Those who detest democracy must never be allowed to come near it as epitomised by the overzealous state security officials, the new Hitlers of our time.”

    Civil rights lawyer, Emeka Nwadioke, condemned the role of the police in attempting to prevent House of Representatives’ members from holding a plenary session to discuss the request by President Goodluck Jonathan for the extension of the emergency rule in three Northeast states. He described the police’s role as worrisome, condemnable as well as a threat to the nascent democracy.

    Nwadioke said: “Since the defection of House of Representatives Speaker Aminu Tambuwal to the opposition All Peoples Congress (APC), the role of the Nigeria Police in the debacle has left much to be desired.

    “The Nigeria Police have increasingly constituted themselves into the judge and jury in the matter, contrary to the express provisions of the Nigerian Constitution, which vests the duty of interpretation of the Constitution on the Judiciary.”

    He called on President Jonathan to wade into the crisis to protect the Nigerian Constitution and “stave off a major constitutional crisis” while strengthening the doctrine of separation of powers, which underpins the Constitution.

    “It is unhelpful that attempts by the Presidency to wash its hands off the debacle have largely been punctured. While Senior Special Adviser to the President on Public Affairs Doyin Okupe asserted that the police were merely enforcing court judgments on defection, police spokesman, Emmanuel Ojukwu, claimed that the assault on the Representatives and the hallowed precincts of the National Assembly was to prevent a planned invasion of the Assembly premises by hoodlums in line with an intelligence report.

    “Nigerians and civil society organisations in particular must join their voices to ensure that this democracy is not truncated. It is also expected that, like his predecessor, the new Inspector General of Police Suleiman Abba, must show courage and a healthy level of assertiveness in resisting attempts to deploy his high office towards unconstitutional ends.”

    For Theophilus Akanwa, the police acted out of place, reprehensibly, illegally and with impunity.

    ‘‘The powers of the National Assembly as it affects the need for the protection of its activities resides with the Senate and the House of Representatives as provided in the Constitution not the IGP.

    ‘‘The IGP needs to take orders from these two chambers vis a vis the Senate President and the Speaker of the House for the sitting of the two houses. If there were any reasons why the House should not have convened, the IGP should have intimated the Speaker and not to ambush him.

    ‘‘It is out of place that a person, who has been elected to occupy the seat of the Speaker, will now seek orders from the police before the House could convene. It has never happened and must not start now because the Speaker defected to the opposition party APC, especially when he has made his plans of gunning for Sokoto State governorship known.

    ‘‘He is the Speaker of the House of Representatives and not PDP speaker and ways of removing him has been provided in the Constitution. ‘Can the IGP tell the world what he has done in Ondo State where the Governor and Speaker defected from the party that elected them to office to PDP? The independence of the legislative arm of government must be allowed to thrive without interference from the executive or the police. I call on the President to immediately remove the IGP for these lapses.”

    Another lawyer, Ikechukwu Ofuokwu, said the police’s action was the climax of executive lawlessness and political insecurity on the part of the PDP.

    ‘‘The conduct of the Nigerian Police on that fateful Thursday, in trying to prevent the Speaker of the House from gaining access into the parliament, is the climax of executive lawlessness and political insecurity on the part of the ruling party.  Never mind that the conduct of the legislators on that day, which could be likened to legislative terrorism, was shameful and a reproach to democracy. Executive interference in legislative affairs at all levels of government is an abnormality and an abuse of the doctrine of separation of power. The conduct of the police on that day I will describe simply as rascally.

    ‘‘What transpired on that day, which is a pointer to what to expect during the 2015 general elections, portends a great danger to our democracy and the rule of law. It is an invitation to anarchy. It is the prerogative of the House to choose its leaders. It is not about calling the police to order; it is about the executive knowing the limit to its powers and stop meddling in the affairs of other organs of government,’’ he said.

     

     

  • Lawyers seek review of mortgage laws

    Lawyers have called for a new legal framework to enhance the mortgage system for more tenants to become landlords.

    According to them, the existing arrangement does not encourage financial institutions to grant mortgage loans.

    They spoke in Lagos at the Legal Business Summit organised by the law firm of Olisa Agbakoba and Associates and BusinessDay newspaper.

    The theme of the summit is: “Waking up dead capital: the intersection between Law and Economic Development.”

    The Asset Management Corporation of Nigeria (AMCON) Managing Director, Mr Mustapha Chike-Obi, who gave the keynote address, said if the government  shouldered some losses in mortgage payment default, more financial institutions would get involved.

    He said most mortgage institutions were faced with the challenge of enforcing or foreclosing a contract.

    Chike-Obi suggested that the government should guarantee to bear about 80 per cent of the mortgage sum in the event of a default, while the banks and insurance companies bear 10 per cent each.

    A former Nigerian Bar Association (NBA) President, Olisa Agbakoba (SAN), said there must be a conducive legal and institutional framework for the economy to growth.

    According to him, there can be housing for all if the laws provide for its affordability, with the government guaranteeing it.

    To him, if most Nigerians can afford to pay their rent, then they should be able to finance a mortgage loan.

    “The only difference is that as a tenant, you will continue being one, but in a mortgage, you are a tenant, but you become an owner,” he said.

    Agbakoba said the laws should be made to allow more people access to mortgages.

    “This seminar is looking for ways to push the barrier away so that we can unlock the dead capital. If the dead capital comes up, it will be distributed with guarantees that you can pay.

    “It is part of government responsibility to guarantee mortgage for the people. I want to hear what the political parties will be saying in 2015 about how they intend to unlock dead capital.

    “A government that needs your vote should be able to guarantee you access to a mortgage facility and hope you don’t default,” he said.

    A discussant, Mr Osaro Eghobamien (SAN), said the courts could also deal with the issue of foreclosure by pre-emptive remedies.

    He added: “If non performing assets are sold out as bad debts, then I think it is also appropriate to set up an institution to purchase performing assets in a bid to expand the country’s economy.”

    Eghobamien called for a legal framework that will encourage a bank to give individuals mortgage loans.

    The Nigerian Mortgage Refinance Company (NMRC), he noted, is a secondary mortgage liquidity facility that lends to primary mortgage institutions, who then lend to the borrower.

    “They don’t lend and they do not interact with the borrowers on the street. What we are trying to achieve now is if you are paying a rent, at a point that property should be yours.

    “If everything is put in place including the law, why would anyone pay rent for that long and the property is not converted to his?” Osaro asked.

    A participant, Rufus Olanrewaju, said if the laws are reviewed to address the mortgage challenges, more people would be able to own houses.

    The Delta State University Business Law lecturer also said land should be liberalised so that everyone can have access.

    Other speakers included NMRC director, Mr Sonnie Ayere; Africapitalism Institute director, Mr David Rice; Access Bank Plc Group Managing Director, Mr Herbert Wigwe and Special Assistant on Taxation and Revenue to Governor Babatunde Fashola (SAN), Mr Shola Banjo.

  • Traditional rulers sued over land dispute

    An Ogun State High Court, sitting in Shagamu, has adjourned till January 12, next year, the trial of two traditional rulers in Mowe, Ogun State over a disputed land in Alahun, Shagamu.

    The court, presided by Justice E.A. Osinuga, ordered the defendants, the Baale of Mowe, Chief Babatunde Ojelade and his counterpart at Imedu-Nla, Chief Jimoh Adebayo and other parties, “the named and the un-named”, to maintain the status quo pending the hearing and determination of the substantive suit filed against them by the claimant,.

    In an application filed before the court by his counsel, Yemi Omodele, the claimant, Chief Olorunjuwonlo Bankole Otasanya and the traditional ruler of the disputed land, sought  injunctive reliefs against the defendants.

    He asked the court for an order of perpetual injunction restraining the defendants from trespassing on the  disputed land.

    He asked for an order of the court to declare that the defendants, their servants, agents and/or privies do not have any portion of the land covered by survey plan no. AP1245 dated 12/08/1985, the land being at Alahun Village Sagamu Local Government Area (LGA).

    He averred that the defendants have caused a lot of confusion in Mowe and its environs by turning to land speculators.

    He alleged that the defendants facilitated his being charged to the Magistrates’ Court in Sagamu on a frivolous charge that their family, Otasanya Bankole, as the owner of the land in dispute from time immemorial,

    He claimed that the defendants were chased from Abeokuta and came to his community to disturb him.

    The defendants, in their statement of defence, claimed to be agents of the Redeemed Christian Church of God (RCCG).

    They averred that the church has bought the land in dispute from the claimant and his family.

    According to them, the RCCG paid money to the claimant in respect of the land.

    They said, in view of this, the claimant do not have land in the place, having sold same to the church and that they have the authority and consent of the RCCG to enter the land.

    In his reply to the defendants’ statement of defence, the claimant alleged that the traditional rulers  have turned their stools to land speculating avenue and do not respect their offices .

    He alleged that they have been duping people, who wanted to buy land in the area.

    The claimant also maintained that the defendants do not have any land in the disputed area and do not have any authority/ or consent from the RCCG to send him away from his father’s land.

    He stated that he was deceived to sign an undated MoU, which was attached to the defendants’ counter affidavit and their statement of defence.

    The RCCG, he stated, did not sign the document, but that the defendants brought it to him to cajole him, claiming that he collected money from the church.

  • Swearing in new Chief Justice of Nigeria

    Swearing in new Chief Justice of Nigeria

    PRESIDENT GOODLUCK JONATHAN (R), CONGRATULATING THE NEW CHIEF JUSTICE OF NIGERIA, JUSTICE MAMOUD MOHAMMED, AT THE SWEARING-IN IN ABUJA ON THURSDAY
    PRESIDENT GOODLUCK JONATHAN (R), CONGRATULATING THE NEW CHIEF JUSTICE OF NIGERIA, JUSTICE MAMOUD MOHAMMED, AT THE SWEARING-IN IN ABUJA ON THURSDAY
    PRESIDENT GOODLUCK JONATHAN (2ND-R); VICE PRESIDENT NAMADI SAMBO (M); FORMER CHIEF JUSTICE OF NIGERIA, JUSTICE MARIAM ALOMA MURTHAR (3RD-L); NEW CHIEF JUSTICE OF NIGERIA, JUSTICE MAMOUD MOHAMMED (3RD-R) AND OTHER JUSTICES, AT THE SWEARING-IN OF NEW CHIEF JUSTICE OF NIGERIA IN ABUJA ON THURSDAY
    PRESIDENT GOODLUCK JONATHAN (2ND-R); VICE PRESIDENT NAMADI SAMBO (M); FORMER CHIEF
    JUSTICE OF NIGERIA, JUSTICE MARIAM ALOMA MURTHAR (3RD-L); NEW CHIEF JUSTICE OF NIGERIA,
    JUSTICE MAMOUD MOHAMMED (3RD-R) AND OTHER JUSTICES, AT THE SWEARING-IN OF NEW CHIEF JUSTICE OF NIGERIA IN ABUJA ON THURSDAY
    THE NEW CHIEF JUSTICE OF NIGERIA, JUSTICE MAMOUD MOHAMMED TAKING OATH OF OFFICE IN ABUJA ON THURSDAY
    THE NEW CHIEF JUSTICE OF NIGERIA, JUSTICE MAMOUD MOHAMMED TAKING OATH OF OFFICE IN ABUJA ON THURSDAY
  • Fashola approves appointment of four new judges

    Fashola approves appointment of four new judges

    Lagos State Governor, Babatunde Raji Fashola (SAN),  on Wednesday approved the appointment of four new high court judges for the state.

    According to a statement issued by Mrs. Grace Alo, spokesperson for the Lagos State Judiciary, the newly appointed judges would be sworn-in on Friday.

    The statement further disclosed that the approval followed the recommendation of the National Judicial Council headed by the Chief Justice of Nigeria, Justice Aloma Mukhtar.

    The judges are – Mrs. Iyabo Akinkugbe, Mrs. Serifat Sonaike, Mr. Abdulfattah Lawal and Mr. Abisoye Bashua.

    The News Agency of Nigeria reports that the appointment brings to 54, the number of judges in the state judiciary.

     

  • UI honours ex-NBA chief Olanipekun

    UI honours ex-NBA chief Olanipekun

    The University of Ibadan (UI) has conferred an honourary Doctor of Law  (LL.D) on a former Nigerian Bar Association (NBA) president Chief Oluwole Oladapo Olanipekun (SAN).

    It is in recognition of his contributions to the legal profession and to education in Nigeria.

    He was until April, last year, the Pro-Chancellor/Chairman of Council of UI.

    Olanipekun was born on November18, 1951 at Ikere-Ekiti. He attended Amoye Grammar School, Ikere-Ekiti, Ilesha Grammar School, Ilesha, University of Lagos (UNILAG),  the Nigerian Law School  and was called to the Nigerian Bar in July, 1976.

    This erudite lawyer  started his career as a Lecturer  at Kwara State College of Technology, Ilorin in 1976.  Olanipekun was a junior counsel in the Chambers of  Oniyangi & Co, Ilorin between 1977 and 1979 where he acquired the skills that enabled him to bestride the legal profession like a colossus.

    In 1980, he became the Principal Partner of Messrs Wole Olanipekun & Co, Ilorin, with offices in Lagos and Abuja.

    As a result of his harwork, he was conferred with the prestigious rank of the Senior Advocate of Nigeria (SAN) in 1991. He has been a Notary Public since 1987.

    He was NBA president between 2002 and 2004;  member, International Bar Association (IBA), Commonwealth Lawyers’ Association (CLA), Pan African Lawyers’ Union (PALU), Nigerian Bar Association Disciplinary Committee, West African Bar Association  (WABA) and Chartered Institute of Arbitrators.

    He was the Attorney-General and Commissioner for Justice in Ondo State between 1992 and 1993, a member of Council of Legal Education, Legal Practitioners Disciplinary Committee, General Council of the Bar, Governing Council, University of Ado-Akiti, National Judicial Council among others. He is today a Life member of the National Executive Committee of the NBA as well as a Life Bencher.

    He was honoured with the Distinguished Alumnus Award of the Faculty of Law, Unilag in 1992 and the Merit Alumnus Award of both Amoye Grammar School, Ikere-Ekiti and Ilesha Grammar School, Ilesha in 1999.

    He was recognised as a leader in achievement in Ondo State in 1994, honoured with Merit Award Certificate as an illustrious son of Ikere in 1996 and conferred with Aare Bamofin of Owo in 1995, among others.

    A philanthropist, Olanipekun has positively impacted on many people in different and diverse areas of life, including education, religion, industry and employment.

    In 1996, he set up the Wole Olanipekun Scholarship Scheme for awarding scholarships to brilliant but indigent students and since then, the scheme has produced many talented beneficiaries, some of whom are now doctors, lawyers, engineers, pharmacists, accountants, educationists etc.

    In February 2009, he built, equipped and donated a modern IT building to Amoye Grammar School, Ikere-Ekiti. Also in March 2012, God provided for him the means to donate a modern Vicarage to St. Peter’s Anglican Church, Ikere. In July 2011, he planted an Endowment Fund for junior lawyers, particularly in the Lagos and Ilorin branches of the NBA.

    Seven junior lawyers from the NBA Ilorin branch,  were beneficiaries of cars given to them by the branch from the proceeds of the Endowment Fund, while over 100 young lawyers from the Lagos branch were beneficiaries of lap-tops and flash drives distributed to them from the proceeds of the endowment. He single-handedly built and donated to the Faculty of Law of the University of Ibadan a 420-seater fully-equipped and furnished Auditorium,which was inaugurated by the Minister of Education in November, 2012.

    He is a patron to the Law Students’ Society in UNILAG, UNILORIN, U.I, UNAD, OAU, Ife and Igbinedion University. He has presented over 200 papers on diverse topics within and outside Nigeria. He has contributed several chapters to legal books, publications, journals etc. His clients include corporate bodies, national and international institutions, individuals, politicians, banks, companies, industries, corporations, ministries etc.

    This legal icon was conferred with the national honour of Officer of the Order of the Federal Republic of Nigeria (OFR) by President Goodluck Jonathan on  September 17, 2012 in recognition of his invaluable contributions to the growth and development of the legal system and justice. He was also bestowed with the fellowship of the Nigerian Institute of Advanced Legal Studies (NIALS)  for his contributions to the advancement of the legal profession on December 10, last year.

    A stickler for excellence, Chief Wole Olanipeku is a role model and father figure to numerous members of the younger generation.