The Nation Newspaper

Category: Law

  • National transformation, road map to security

    I possibly will never know greater  honour in my life than to be  invited by my hero and mentor Professor Ben Nwabueze to review the third volume of his autobiography

    As a student of constitutional law, the invitation to review this seminal work is a testament by a master that his student has come of age and this testimonial is more of an endorsement for me than a platform for profound scholarly exposition.

    Prof Ben Nwabueze in my estimation is the greatest Constitutional law Scholar in human history. The depth and breadth of his seminal works in this area put him  in a class of his own. It is manifestly so evident that A.V. Dicey, Wheare, De Smith, Laurence Tribe, Hodd and many other emerging Constitutional Law Scholars did not impact the subject in such a way and manner as Nwabueze did. Simply put, he is a genius.

    What stands out Nwabueze shoulder and head above his peers is his pragmatic approach to constitutional engineering. He not only propounded principles, theories and doctrines, he interrogated the effect and relevance of his postulations in the constitutional evolution and development of many countries of the world. His life and works are therefore totally dedicated to developing a road map for enthronement of constitutionalism and good governance.

    In his preface to this 517 page book, the author stated as follows:

    “This volume of my autobiography (Volume 3) is a continuation of the story of my life and work told in volumes 1 and 2. It enlarges the last part of the story as contained in part III of volume 2, this accounts for some repetition that occurs. The volume might be described as embodying and culminating  1 would not say final­­ thoughts on Nigeria. The volume deals with concepts, principles, political and social issues, and not so much even with individual actors except former President Olusegun Obasanjo, General Sani Abacha and one or two others. It has therefore nothing to do with my private or personal life, a full account of which is contained in volume 1 . The volume may not therefore provide a reading comparable in excitement with volume 1  or even volume 2.”

    It would appear that the author in ranking this volume lower than volumes 1 and 2 in terms of providing exciting reading grossly under estimated the relevance of the issues discussed in this volume with the Nigerian project. Indeed, I dare to mention, none of the 32 seminal works of the author preceding this autobiography ranks in comparison in terms of pragmatic contribution to our national quest for a new better and united Nigeria. In his other books, the author’s brilliance as a leading constitutional lawyer shone ever so brightly. But in his final thoughts on Nigeria, the author assumed his rightful place as an agenda_ setting thinker, an opinion leader and moulder, an influential elder statesman, a courageous patriot, a pan-Nigerian nationalist and Nigeria’s voice of reason amidst the cacophony of self seeking praise singers and sycophantic opportunistic hero worshippers.

    In part 1 of the book, the author extensively addressed National transformation as the road map to security, progress and nation building. Whilst the author accepts the transformation agenda nation building of Government as crucial for national growth and development, he questions its limitation to economic policies only.

    In his words,  “social and ethical transformation implies the creation of a new society and the creation  of such a new society would entail  changes of two types a radical transformation of the material conditions of society and what has been called an inner mutation” ie a spiritual or mental  transformation in the attitudes and behavioral patterns of the individuals member of society”.

    The defining aspect of the book is the exposition on transforming Nigeria through a national conference.

    Here the originality of the author as the finest constitutional Lawyer is well displayed. In a breathtaking and gripping argument for National Conference, the author highlighted the following as the basis for national conference. They are as follows

    (a) Transforming Nigeria with its vast diversity of ethnic nationalities into a nation.

    (b) Federalism as a constitutional device for facilitating the creation of a nation in a territorially extensive and socially diverse country like Nigeria.

    (c) The unity in diversity approach in Nigeria’s constitution marked by over concentration of powers and financial resources at the centre but without entirely sacrificing ethnic diversity.

    (d)  Legal framework for the convening and holding of a national conference and for the approval of a people’s constitution.

    The author undoubtedly secured his place in our national history  by not only pushing for a national conference but by comprehensively addressing the question posed in chapter 14 of this book, which is “ will the national conference as now convoked and constituted by President Jonathan, be effective in realizing our aspirations for a new, better and united Nigeria?

    In part II of this autobiography, the reader easily connects with the author’s exposition on the many problems of Nigeria standing in the way of the search for peace, progress and nation building. Here reference is made to

    (a) The North -South Divide.

    (b)        forces militating against democracy in Nigeria eg Elite ruling  class; the political class; the after effects of Prolonged Military  Rule; human rights violators of  a nature, dimension or scale repugnant to the whole essence or ethos of human rights in a democratic society; wholesale election riggings and other electoral malpractices; corruption and other corrupt practices and abuse; pervasive culture of impunity in governance; lingering mass illiteracy; ignorance and poverty, structure of the Nigerian society; the weakness of civil society; absence of the spirit of liberty and democracy; absence of the spirit or habit of respect for the rule of law and of the habit of order; the phenomenon of democracy  without democrats.

    In his characteristic candour, the author brilliantly interrogated these forces militating against democracy and proffered solutions to the problems.

    Flowing from this is a well researched treatise by the author on Militancy and Insurgency. The reader is invited to note the depth of scholarship deployed by the author in distinguishing between militancy and Insurgency, his views on the call for amnesty for the Boko Haram Insurgents and his support for dialogue as the appropriate approach for addressing the insurgency challenge .

    Anyone reading this exciting autobiography will undoubtedly be sucked in by the authors answers  to the question he posed in chapter 14 of the book _ to wit_ “ is Nigeria a failed State or on the way to becoming one “Though the indices  used by the author may be considered as veritable tools of neoliberalism, it is still not in dispute that the author raised sufficient alarm that serious minded citizens cannot afford to gloss over. The book is enriched by inclusion by the author of suggestions by the patriots as to the things to be done to halt the slide into the ultimate stage of failure  of the state.

    The concluding part of this autobiography highlights basically institutional and other means available or that may be devised in the search for solutions to Nigeria’s problems. This part of the book is extremely insightful and thought provoking. Again the reader is invited by the author to personally evaluate efforts made by the Patriots (of which he is a prominent member) to proffer solution to Nigeria’s problems. Students of history and political science will definitely find this part of the book most illuminating especially with reference to invitation to fathers of the nation to intercede in order to save our nation. The author’s final thoughts in this volume finds expression in his analysis of state ceremonies marking certain significant ideas or events as a means of creating in the people a feeling of belonging  and of patriotism. His views on significance of Independence and justification for its celebration; celebrating the end of military rule and not regarding it as democracy day; the significance of the 1914 amalgamation and whether its gains overwhelmingly outweigh its deleterious consequences to justify celebrating its centenary are all forcefully and logically canvassed. Even if one is not inclined to agree with him on some of his views on the matter, one cannot ignore the intellectual depth of is postulations.

    Comments

    For a life that inspires debate on thorny issues of national importance, Prof Ben Nwabueze remains a national treasure. For his capacity to reduce very intricate legal issues to simple and readable prose, Prof Nwabueze is an academic icon. For being able to chronicle his autobiography in 3 large volumes, Prof Nwabueze is a gift to humanity.

    One will always wonder how the author over the years has been able to gather together newspaper cuttings and file documents that have proved handy for this seminal work. Prof Ben Nwabueze will always remain an enigma to those who are not close to him but to those who are privileged to read his works, he is nothing but a genius. This superlative quality again is well demonstrated in this volume 3 of his autobiography titled Ben Nwabueze: My life and work in the search for a new, better and united Nigeria.

    Is this likely to be his final thoughts on issues concerning Nigeria? Definitely not! I have no doubt that as God gives him life and good health, we certainly will be reading more of the exciting contributions of Ben Nwabueze to national discourse. Will there be a volume 4 of the autobiography?.This again cannot be ruled out. The author has the intimidating credentials as a five star researcher to put together another volume of his autobiography. Indeed many Nigerians are looking forward to his comments and commentaries on the 2015 election. I am definitely not an exception.

    It is therefore my honour and privilege to warmly recommend this well-packaged, well researched and exciting autobiography (volume 3) of Prof Ben Nwabueze to students and practitioners of Law, Politics, constitutionalism, constitutional engineering, the Nigerian public and the global community at large.

     

  • Insurgency: Is international inquiry the way out?

    Insurgency: Is international inquiry the way out?

    The All Progressives Congress (APC) has called for an international commission of inquiry to probe the Boko Haram insurgency. The party believes this will expose those behind Boko Haram and reveal whether or not the problem is being exploited for political and economic advantages. Is such an inquiry the way to go? Will it work? JOSEPH JIBUEZE sought lawyers’ views.

    Will the battle against insurgents ever be won? To the All Progressives Congress (APC), the President Goodluck Jonathan administration has so far failed to contain the Boko Haram insurgents who have wrecked havoc in the Northeast, turning it into a mass killing field. It has, therefore, called for an international commission of inquiry to probe the problem.

    Its National Chairman Chief John Odigie-Oyegun said it is probable that the insurgency is being used for political purposes.

    “We thought that a state of emergency will give our military the freedom to operate and so the nation supported the National Assembly when the President requested for a state of emergency. The state of emergency came and things have continued to degenerate. It is only logical that you ask yourself what could be wrong.

    “As a matter of fact, we have, on a number of times pleaded that an impartial international commission of inquiry be set up to look into this Boko Haram issue. Why is it what it is? Why is it growing at the rate it is growing? If necessary, tell us who are those behind it? Is it likely that the Boko Haram issue is now being exploited for political advantage?

    “Nigerian troops have confronted equally savage situations in Liberia and Sierra Leone. They have paid with blood and dear lives to bring peace to other countries where the whole nation has broken down into total anarchy and succeeded. Why are we unable to succeed in our own backyard? Ask yourself that question…

    “Who stands to benefit if three APC states are unable to effectively participate in the elections come February 15, 2015? Why is it that contrary to simple common sense, they have been making this endless claim that they know those behind Boko Haram? It is clear that the PDP know who the sponsors of Boko Haram are. So, why are they not tackling them?

    “How come Mubi could be captured without a single shot being fired? How come our troops have been withdrawn from Mubi? How come the security agencies were not in Mubi? Who is benefiting from all of these? Please ask yourself why?”

     

    Basis for inquiry

    Since 2009, Boko Haram has claimed responsibility for thousands of deaths. Last May 14, President Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states in a bid to fight their activities.

    Since the emergency, the insurgents’ assault has not abated. Boko Haram’s leader Abubakar Shekau, declared a “most dreaded and wanted” terrorist, with the United States offering a US$7million bounty for information leading to his arrest, took responsibility for the April kidnapping of over 200 school girls in Chibok. On May 6, eight more girls were kidnapped by suspected Boko Harām gunmen. In a videotape, Shekau threatened to sell the kidnapped girls into slavery.

    On May 5, Boko Haram attacked the twin towns of Gamboru and Ngala in Borno State. They started shooting in a busy marketplace, set houses on fire, and gunned down anyone who tried to flee. The death toll of the massacre was been set as high as 336.

    Last week, at least 46 students were killed by a suicide bomber at a school assembly in the town of Potiskum. The suicide bomber was dressed as a student. Police suggested Boko Haram carried out the attack. At least 79 were wounded.

    The sect has targeted schools during a deadly five-year insurgency aimed at establishing an Islamic state. While waging a sustained campaign to prevent children from going to school, it believes girls should not attend school and boys should only receive an Islamic education.

    In February, Boko Haram gunmen killed at least 40 students when they opened fire and threw explosives in student hostels in a government boarding school in the town of Buni Yadi, in Yobe state. Last year, 42 students were killed when Boko Haram gunmen attacked dormitories with guns and explosives in a government boarding school near Potiskum.

    About two weeks ago, a suicide bomber blew himself up in Potiskum amid a large crowd of Shiite Muslims holding the annual Ashura ceremony to commemorate the murder of Imam Husseyn, the grandson of the Prophet Mohammed. That blast killed 15 people. No one claimed responsibility for the attack, but Boko Haram was suspected.

     

    Ceasefire fiasco

    On October 17, the Federal Government, through the Nigerian military, said that it had agreed to a ceasefire with the violent sect and that the Chibok girls would be released.

    The deal was announced by the Chief of Defence Staff, Air Marshal Alex Badeh. “A ceasefire agreement has been concluded between the Federal Government and the Jama’atu Ahlis Sunna Lidda’awati wal Jihad (Boko Haram),” he said.

    The President’s Principal Secretary, Hassan Tukur, added: “The Boko Haram members have assured us that they have the girls and that they will release them. I am cautiously optimistic.”

    It was reported that officials met with Boko Haram in Chad twice during talks mediated by Chadian President Idriss Deby.

    But a day after the ceasefire announcement, eight people were mowed down in Dzur Village in Borno, extinguishing whatever hopes anyone nursed of a truce.

    Two weeks later, Boko Haram laughed off the announcement of a ceasefire agreement, saying there was no such deal and the schoolgirls abducted in April have been converted to Islam and married off.

    “Don’t you know the over 200 Chibok schoolgirls have converted to Islam? They have now memorised two chapters of the Quran. We married them off. They are in their marital homes,” a chuckling Shekau said in a video.

    The group’s leader also denied knowing the negotiator with whom the government claimed it worked out a deal, saying he does not represent Boko Haram. “We will not spare him and will slaughter him if we get him,” he said of the negotiator.

     

    Is an international inquiry feasible?

     It is not the first time APC will demand an international inquiry. On July 12, it called for an international commission to unravel Boko Haram’s sponsors, mode of operation, as well as any individual or group that may have links with the insurgents.

    Its National Publicity Secretary, Lai Mohammed, the party said the inquiry should include intelligence experts from the United States, United Kingdom, France and Canada, as well as representatives of the United Nations and Nigeria’s neighbours Cameroon, Chad and Niger.

    It also said that representatives of the Nigerian military and other security agencies, especially the police and the Departments of State Security, states worst-hit by the Boko Haram insurgency including Adamawa, Borno, Yobe, Kano, Bauchi and Jigawa, the Federal Capital Territory; the Christian Association of Nigeria, the Supreme Council for Islamic Affairs, Civil Society Organisations, the Nigeria Labour Congress, the Trade Union Congress, National Human Rights Commission, the Nigerian Bar Association (NBA) and any other relevant individuals or groups should be included in the probe.

    “We hope the PDP-led federal government, which has led the incessant but baseless campaign to point accusing fingers at the opposition, especially our party the APC, will give its total support to the immediate constitution of this international panel of inquiry,” the party said.

    Some analysts have pointed to the United Nations (UN) Human Rights Council approval for an international investigation of alleged war crimes in Sri Lanka as an instance of such a probe.

    The Liberation Tigers of Tamil Eelam (LTTE) was accused of brutality and massacre of civilians in border villages, large-scale bombings, political assassinations and the alleged use of civilians as human shields in their war against the state. The US-sponsored resolution targeted both the Tamil Tigers and government troops.

    A constitutional lawyer Mr Ike Ofuokwu APC’s demand “is not entirely misplaced considering the monumental havoc and damage these criminal elements have unleashed on this country.”

    However, he said for such an inquiry to hold, it would require the National Assembly to promulgate an enabling law to give legitimacy to such commission besides the fact it could compromise the country’s sovereignty.

    On the way out, he said: “The Federal Government should have the political will to contend with this sect by declaring a full scale war and with the approval of the National Assembly impose a full emergency over these states and if we are finding it difficult to execute this war, we should apply for military assistance.

    “There is no point shying away from applying for help with the countries that we have defence / military pact with. The state of emergency declared over a year ago has not yielded any result because of its partial nature.

    “With the abduction of the Chibok girls and the recent killing of about 50 students few days ago, its a clear indication that if the insurgents are not crushed then Nigeria as a nation would most likely be crushed.

    “It is certain that some criminal elements close to government and outside the government are benefiting economically and politically from this whole crisis. The purported ceasefire only existed in the deranged imagination of the profiteers of this whole crisis,” he said.

    A former Nigerian Bar Association (NBA) Ikeja Branch chairman Monday Ubani said had already been inquiries on on Boko Haram the reports of which have not been implemented.

    Besides, he said the international commission could face legal and political hurdles.

    “My conclusion is that even if you allow such an impartial commission (assuming it is legally feasible), their findings will not be accepted by both the ruling and opposition parties, and if it is not accepted, its findings and recommendations will never be implemented. Therefore why should we dissipate our energy and resources on things that we all know from the beginning will be a wasted exercise.

    “The second hurdle is the legality of such exercise under our constitution. Even though Nigeria is a signatory to so many international treaties and agreements, it is still a sovereign state and so may not want any country or body to interfere in her domestic matters, just as many countries and bodies may not want to interfere in our domestic issues.

    “The third and potent hurdle is which body or person will invite the international body and under what Section of the Constitution will the commission be constituted? If the Federal Government under the control of PDP invites the international body to constitute the ‘impartial Commission’, the opposition party is likely to cry foul and may likely discredit the body on grounds that the body is already compromised.

    “The opposition party cannot invite anybody or organisation to constitute such  a commision under our laws either. The further issue for consideration is which international body are we going to ask to constitute the impartial body? Is it AU or UN? So many questions begging for answers!” Ubani said.

    Ubani, an NBA National Executive Council member, said Nigeria’s federalism, which he likened to a ‘unitary system’ aggravates its security challenges.

    The system, he said, takes away independence and destroys competition. According to him, little goes to the federating units, which leads to acrimony, anger, frustration and injustice.

    “Arising from this is greed, corruption, outright theft and mismanagement of the economy due to the wrong system earlier on mentioned which gives rise to bad governance, neglect, dilapidated infrastructure, lack of basic amenities etc.  The resultant effect of all these is the insecurity.

    “The politisation of the insurgency coupled with the shocking fact that political elites are making millions from this crisis may contribute to the elongation of the insurgency in Nigeria. Let the political elites who contributed to the birth of this insurgency stop playing political-economics with this monster and heed the advice given above which we believe will end this demonic invasion of our dear country.

    “Finally, we must agree by mutual consent to stay together as one indivisible nation. That agreement to stay together is yet to be reached by all the ethnic nationalities,”Ubani added.

    Lagos lawyer Olukayode Enitan said there can never be an “impartial” inquiry by any commission. “Though it’s the APC calling for the commission, who is going to determine ‎its membership? Who’s interest will they be protecting when the chips are down and when we take into consideration the fact that every nation has its own interests to protect and that there is no permanent friend but permanent interests in international diplomacy?  “Those calling for the commission have not thought it through, unfortunately! However, the commission will be legitimate if the Nigerian government submits itself to its jurisdiction! That in my opinion is what would determine the jurisdiction of such a commission,” he said.

    He added that insurgency can best be tackled when the government develops the political will to deal with it.

    “The war will ultimately be won when the government rises above base interests and focus on national interests! Regardless of who is where!,” he said.

    A member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi, said setting up impartial international commission of inquiry to probe Boko Haram may not yield the desired result in revealing those behind it.

    “The international commission of inquiry may have to derive its power through enactment of special law as it may fall short of requirement  under international law which decisions sometimes are mere advisory and not enforceable.

    “The govt should mobilise, motivate our soldiers by supporting them with the best ammunitions used in combating this type of insurgency and let the army be psychologically and emotionally involved in the war as way of tackling insurgency,” he said.

     

     

  • SBL holds roundtable

    The Nigerian Bar Association (NBA) Section on Business (SBL) will hold a roundtable on hospitality on December 2 at the Moorhouse, Ikoyi, Lagos, by 8am.

    A statement from the section said the discussion will dwell on the relevance of the hospitality industry to the growth and development of the economy.

    “This is because the industry possesses unique opportunities for wealth and job creation as well as poverty alleviation. Over the years, the hospitality industry, in spite of its huge growth and  potentials, has not been tapped maximally to contribute  to  Nigeria’s GDP.

    “It is, in view of the foregoing, that the Travel Tourism and Hospitality Committee of the NBA-Section on Business Law is organizing a one-day hospitality roundtable.”

    It has the theme: Opportunities and threats in the hospitality industry in Nigeria.

    “The roundtable, amongst others, will seek to analyse the strengths, opportunities and threats in the hospitality industry from the perspective of practitioners and government, drawn from the subsectors of the industry, including hotel operators and managers, fast food businesses,  culinary skills and hospitality and tourism trainers, tourism promoters, and lawyers.”

    Resource persons included: Dr. Ikenna Nwosu, Mrs. Bose Ayeni, Ms. Tiyan Alile, Mr. Bruce Prins and Chairman SBL Committee on Travels and Tourism,  Mr. Okey Egbuchu

  • Couple sues NDLEA for N50m over alleged rights violation

    Couple sues NDLEA for N50m over alleged rights violation

    A couple, Mr Mathias and Fidelia Muomah, have urged the Federal High Court in Lagos to re-list their N50million suit against the National Drug Law Enforcement Agency (NDLEA) for alleged rights violation.

    Justice Okon Abang struck out the case on April 16 “for want of diligent prosecution” because the plaintiffs’ lawyer, Emeka Opara, was not present during a hearing.

    Opara said he was absent that day because he was sick, and that he sent his junior to inform the court of his ill-health.

    He prayed that the case be re-listed so that it will be heard on merit, adding that previous adjournments were at the respondents’ instance.

    The Commander, NDLEA Joint Task Force, Lagos, Mr Sunday Zirangey, is the second respondent.

    The plaintiffs are claiming that NDLEA officials barged into their bedroom on December 6, 2012  about 5.30am and accosted Mrs Muomah while naked, in flagrant violation of their rights to the dignity of their persons.

    The couple is seeking a declaration that her arrest and confiscation of their vehicles on the suspicion that her younger brother, Nonso Okeke, is a drug dealer violates the 1999 Constitution and various articles of the African Charter on Human and Peoples Rights.

    They sought an order mandating NDLEA to tender a public apology to them to be published in a national newspaper, as well as an injunction restraining the agency from further detaining them or their vehicles.

    According to the plaintiffs, NDLEA claimed Okeke used Mouomah’s house to register a Toyota Corolla, which was used to convey someone to a hotel in Victoria Island where a meeting was held to discuss the supply of a drug called Ephedrine, a substance similar to cocaine.

    It was allegedly agreed at the meeting, which had NDLEA informants in attendance, that 25kg of Ephedrine and production machines would be supplied and that proceeds would be shared.

    In a bid to track down the suspects, the plaintiffs said NDLEA officials arrested Mrs Mouma, insisting that the couple must produce Okeke and the Toyota Corrolla, and ordered the wife to be reporting to the agency’s office every Wednesday.

    “Nonso Okeke whom the respondents claim they are looking for does not live in my house and I do not know where he is at the moment. He is a 39-year-old man and is not under my family’s control,” Mr Muomah said in a supporting affidavit.

    The couple said NDLEA operatives did not only embarrass the woman, but the presence of several officials in their red uniforms in the premises led to “terrible embarrassment” for the family.

    However, NDLEA said its officers did not “barge” into the couple’s room, did not meet her naked, and did not unduly detain her. Rather, it said its officers met Mr Muomah at the door and conducted themselves professionally during the search.

    “The respondents did not at anytime threaten to seize the applicants’ vehicles and did not label the applicants’ family ‘a drug family’ and never directed the second applicant to be reporting to NDLEA office every Wednesday.

    “The applicants knew where Mr Nonso Okeke is and are harbouring him contrary to the provisions of the NDLEA Act.

    “Neither the respondents nor its officers saw the nakedness of the second applicant as was alleged. It was the first applicant that led them into his room,” NDLEA said.

    Justice Abang adjourned till January 30 next year for ruling on the application to re-list the suit.

  • FRSC liable to contempt if it imposes fines, says lawyer

    A  Lagos lawyer, Mr Tope Alabi, has said officials of the Federal Road Safety Corps (FRSC) are liable for contempt of court if they impose fines on erring motorists.

    The Federal High Court in Lagos had nullified FRSC’s powers to impose fines.

    It held that FRSC’s function “should not go beyond issuance of mere notices of offence.”

    Delivering verdict on a suit filed by Alabi, Justice James Tsoho held that FRSC cannot turn itself into a court of law by punishing those who commit traffic offences.

    The corps reacted to the judgment by saying it has the right to impose fines because the Court of Appeal in another judgment held that the FRSC has statutory and constitutional powers to arrest and detain vehicles of road traffic violators, as well as regulate and set deadline for the usage and renewal of motor vehicle licenses, number plates and driver licenses.

    Alabi, in a statement, said: “The reaction of the FRSC to the judgment of 26 September 2014 delivered by Justice Tsoho is misconceived. All cases it relied upon are distinguishable from my case. The facts and the circumstances are different.

    “In the first place, the fine they imposed on me is higher than what their Act prescribes. Secondly, Section 10(7) of the Act directs FRSC to charge any offender to court. This is our right to be heard.

    “They imposed the fine without listening to me contrary to fair hearing. They held onto my licence for good six months without charging me to court despite repeated visit to their office and various letters that followed.

    “On whether FRSC Act 2007 or Nigerian Roads Traffic Regulation (NRTR 2012) are existing laws and valid, they should wait for my case in Suit No. FHC/CS/L/1233/2013 where I have put in place machinery to demolish the entire Act and Regulation.

    “If FRSC intends to go on appeal as if appeal would cage Nigerians in bondage, we would meet them there.

    “FRSC is a body which imposes fine without hearing out the supposed offenders. Also, most of the cases they celebrated are on number plates and driver’s licences.

    “Anybody arrested and mandated to pay a fine can seek the leave of the court to commence contempt proceedings against the FRSC officers concerned because the judgment in my case is valid and subsisting,” Alabi said.

  • CJN, judicial institute seek accountability

    CJN, judicial institute seek accountability

    To further strengthen the capacity of the Judiciary to respond to the increasing demand for openness in the conduct of government’s businesses, requiring for public institutions to allow easy access to information on their activities, the Judiciary held a training for senior court staff on how to effectively deploy the Freedom of Information Act (FOIA) and Information and Communication Technology (ICT) in aiding efficiency and accountability in processes. Eric Ikhilae reports from Abuja.

    In every democracy, public institutions are required to facilitate enhanced public access to information about their activities, with a view to ensuring effective monitoring of government’s activities to promote accountability and transparency in the conduct of public affairs.

    The Judiciary, as public institution, is not exempted from this requirement, and is therefore required to shed its conservative and secretive nature  to enable it retain the much desired public confidence, in the face of growing consciousness and increasing demand for information.

    The realization of the requirement for urgent change in the conduct of its affairs informed a recent workshop in Abuja for senior court workers in the country. The workshop, with the theme: “Promoting transparency and integrity in the Judiciary,” was put together by the National Judicial Institute (NJI), with support from the Open Society Foundation (OSF), A and E Law Partnership and the United Kingdom’s Department of International development (DFID). A training was held for judges  between  May 5 and 9.

    Speakers included the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar, the Administrator of the NJI, Justice Roseline Bozimo (retired), Justice Tijani Abubakar of the Court of Appeal, Justice Emmanuel Nnamani of the Customary Court of Appeal, Enugu, the Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Deji Adekunle,  Justice Benedict Bakwph Kanyip of the National Industrial Court (NIC) and  Deputy Chief Registrar,  the Federal High Court, Emmanuel Gakko.

    They examined how court workers could effectively deploy the Freedom of Information Act (FOIA)  and Information and Communication Technology (ICT) in meeting the growing demand for openness, accountability and transparency in the conduct of government affairs. Speakers stressed the need for court officials to change their conduct and approach to work in view of the drift towards the twin concepts of open society and participatory governance.

    Justice Mukhtar observed that by virtue of its provisions, the FOIA, if properly implemented, will go a long way in “enthroning probity, accountability and transparency in the Judiciary as a public institution. The legislation is a total reflection of the social reconstruction of human reality. It opens up the Judiciary fpr reasoned and intelligent enquiries. It opens a new vista of public acknowledgement, commendation or condemnation.”

    The CJN urged participants to strive “to maintain high standard of integrity, incorruptibility, fairness and transparency in the discharge of your duties.” She added that as accounting officers of the courts, they should ensure high level of accountability in the handling of contracts, procurement, resource and time management, among others.

    Justice Bozimo explained the training was intended to ensure court workers are driven always by the realization that transparency in court operations was cardinal to ensuring a sustained public confidence in the judiciary.

    She said the decision to examine the implications of FOIA and ICT in court operations was informed  by the realization that a proper understanding and implementation of the Act “will engender transparency in the Judiciary and entrench accountability and integrity.”

    Justice Bozimo argued that in view of the general deployment of ICT for almost every human activity, court administrators could not afford not to embrace ICT in their operations.

    In his paper titled: “The FOIA 2011 as a veritable instrument for entrenching best ethical practices among court employees,” Justice Abukakar argued that in view of the public perception that the nation’ Judiciary was corruption driven, court workers cannot afford continue the act pretend as if nobody is watching.

    He stressed the importance of the FOIA in the eradication of the various inefficiencies in the judicial system in view of the huge role a functional and effective Judiciary plays in ensuring a prosperous and vibrant democracy.

    Justice Anukbakar contended that an effective judiciary could only be realized where transparency and ethical practices among operators of the system are strengthened  where agencies mandated to discipline erring judicial officers and other court staff are transparent and fearless in executing their mandates.

    “In exercising the power of judicial review  (conferred on the court under Section 20 of the FOIA) and protecting the integrity  and transparency of the Judiciary, the court, as an arbiter, is expected to be independent, assertive and courageous enough to call a spaded a spade. It is my honest opinion that the way is to do what is right and proper at all times without bending the rules,” Justice Abubakar said.

    Justice Nnamani, who took participants through the various provisions of the FOIA and their responsibilities under the law, argued that judicial administrators must familiarize themselves with the Act. He noted that “a good understanding of the Act enables them to resolve likely dilemmas regarding when to release or withhold information and how to do so.”

    Prof Adekunle identified the various challenges the impeded the effective implementation of the FOIA, some of which he said, included the general lack of funding for FOI activities in government agencies,  general apathy  on the part of those intended to implement the Act in view of the high level of ignorance about the provisions of the Act and the lack of proper record keeping practices in government agencies that hamper access to information.

    “There is need for intense and continuous sensitization of government officials about the Act. Unless and until government takes concrete steps towards good records management, the success of the FOIA will be in great jeopardy,” Prof Adekunle said.

    Justice Kanyip, who examined the current issues in personnel and corporate information management under the FOIA, noted that the task for all information managers in public institutions is how to effectively marry the growing demand for information with the risk of not opening themselves to falling foul of not only the law, but the dictates of their code of conduct.

    This he said, could only be effectively dealt with where public institutions set up FOIA Units, manned by staff, who are well schooled in the provisions of the Act, to know what information to release and withhold.

    “The dictates of democracy demand that governance must transit from secrecy to openness and hence, accountability must be paramount. The Judiciary is not an exception. In our own way, the Judiciary must key in and promote accountability in governance, not just as arbiters when asked to do, but must be seen as a good example of public institution that upholds the law,” he said.

    Gakko, in his paper: “The conduct and attitude of court employees: The need for a paradigm shift,” stressed the need for court workers to realise that the Judiciary is not immune to the various changes taking place around it. He noted that it requires the conviction of the leadership to drive such changes in the Judiciary.

    “WE are now in the jet age and anyone, who plays with technological development, would soon become obsolete. Some courts in Nigeria are already operating e-filing. We must be part of this drive and where we fail as court managers, history would judge us. We must lead the younger and energetic staff in this drive,” Gakko said.

    To the participants, which included Chief Registrars, Secretaries of Judicial Service Committees/Commissions, Directors of Sharia, Customary and Area Courts and Courts’ Inspectors on Information and Telecommunication Technology, frequent exposure to such training opportunity would go a long way in ensuring the change required to secure a vibrant and effective Judiciary in the country.

     

     

  • When OAU’s old law students meet

    Thirty years after they left the Faculty of Law, University of Ife, IIe-Ife (now Obafemi Awolowo University), the 1984 class met in Lagos for a reunion dinner, reports JOSEPH JIBUEZE.

    Most of them are in their late 50s, but when the 1984 law graduates of the University of Ife (now Obafemi Awolowo University), Ile-Ife met in Lagos at the weekend, the scene was like a group of undergraduates having a good time.

    It was a happy occasion; they met at the Radisson Blu in Victoria Island to mark the 30th anniversary of their graduation with a reunion dinner.

    The array of exotic cars, flowing traditional attires (agbada) by the men and gorgeous wrappers (with headgears to match) by the women bore witness to the status many of them have attained.

    Among them are judges, business owners, professors, managers of big law firms and directors in banks and other companies.

    It was an informal occasion as the members recalled their days in schools, and were called by the nicknames they were known. There was dancing and exchange of banters.

    The Coordinator, Prof Bolaji Owasanoye of the Nigerian Institute of Advanced Legal Studies (NIALS), said being alive 30 years after graduation was worth celebrating. He remembered departed colleagues, which he said is a reminder that “life is a game of cards that deals us many hands”.

    “It is most gratifying that after 30 years of work, we can afford the luxury of dinner in a world class hotel, especially in such trying times when insurgency and terrorism have declared total war on formal education in the Northeast.

    “These happenings are sober penalty for long years of neglect by the political leadership of the region with the complicity of the central government and the rest of us. Having unleashed the demon of insurgency, we are further impairing our ability to deliver education as we use our scare resources to prosecute an avoidable civil war,” he said.

    He recalled the days when meals in school cost 50 kobo and students had ice cream on Sundays, saying: “Getting education is no longer what it used to be and the standards have simply declined.”

    He urged alumni to do their bit to enhance the quality of education in the faculty and sustain the legacy they received and handed over.

    The Dean, Faculty of Law, OAU, Prof Olu Adediran, urged the old students to help with re-equipping the faculty’s furniture. “We’re still using the 1984 long, collapsible seats,” he said.

    Besides, he said they could provide support by financing prizes for outstanding students, establishing fellowships which will be named after them, and donating professorial chairs.

    National Programme Manager, DfiD/British Council J4A Project, Dr Bob Arnot, who gave the dinner speech entitled: Driving in Nigeria, drew a correlation between the mode of driving in the country and corruption.

    He said it is common to see people drive on pavements, grasses, speed on slow lanes, text while driving (apart of from receiving calls), avoid queues at junctions and create multiples lanes, overtake without signaling, park in churches and mosques without consideration for others and allow children to stand in vehicles.

    The lawlessness exhibited by most drivers, he said, is part of the impunity in the system where people commit crimes and get away with them, just as they get away with corruption.

    “Nobody is held to account. The crazy driver is never held to account,” adding that due not inadequate records, law enforcement agents cannot even trace a person to his home. According to him, there is also a lack of social contract between the public and government, which he said leads to a disjointed relationship between leaders and the citizens. The solution, he added, requires “a massive change in social consciousness.”

     

  • Way out of judicial delays

    How to achieve quicker justice delivery is theme of the seventh annual business luncheon by the firm of SPA Ajibade & Co, reports JOSEPH JIBUEZE.

    How can delays in civil justice delivery be reduced? This is a question that has begged for answers for years. When Justice Olusola Williams was appointed a judge of the Lagos State High Court in 2001, she was assigned a 36-year-old that was still pending in court.

    She was one of the speakers at the at the seventh annual business luncheon by the law firm of SPA Ajibade & Co in Lagos, with the theme: The future of Legal Practice in Nigeria: Eliminating delays in Civil Justice delivery.

    A Supreme Court Justice, Kudirat Kekere-Ekun, who chaired the event, and the guest speaker, a former Foreign Affairs Minister, Mr Odein Ajugomobia (SAN) listed ways to eliminate delays in justice delivery.

    Kekere-Ekun said in addition to more use of information technology and computerisation of court processes, there is the need for a new attitude.

    She said: “While the full computerisation of the court system nationwide will provide some much needed succour…how do the improvements in case management at the trial courts translate to the appellate courts?

    “I am of the firm view that in order to achieve significant improvement in civil justice delivery, there needs to be a major attitudinal change, which must start with members of the Bar who are the litigants’ first point of contact in the litigation process.

    “No matter how many judges are appointed or how many times the civil procedure rules are amended, the situation will remain the same unless we change our mindset,” she said.

    Besides, Justice Kekere-Ekun believes the Supreme Court’s jurisdiction should be restricted to prevent situations where interlocutory appeals takes years to determine while the main suit is pending at the lower courts.

    “I strongly believe that there is an urgent need for constitutional amendment to limit the jurisdiction of the Supreme Court in certain respects.

    “For instance, interlocutory decisions, and cases where there are concurrent findings of fact by the two lower courts and there is no dispute as to the law, should terminate at the Court of Appeal. Decisions in governorship elections should also terminate at the Court of Appeal,” she said.

    Justice Kekere-Ekun urged the Nigerian Bar Association (NBA) to enforce the Bar’s ethics and “provide the required leadership.”

    “Where a client has a bad case, it is unethical to institute an action in court merely to frustrate his opponents and delay the fulfilment of an obligation,” she said.

    Ajumogobia identified preliminary objections, frivolous arguments, unnecessary adjournments, lack of adherence to time limits and poor service of court processes on parties as some causes of delays.

    Others, he said, are incessant amendment of court documents in the course of trial, poor case management by judges, abuse of the right of appeal and poor use of punitive cost against lawyers who cause deliberate delays.

    According to Ajumogobia, some clients literally pay lawyers to delay proceedings, which is against the profession’s ethics.

    “Delay serves the defendant well when he has no defence or simply needs to buy time to answer a complaint and is therefore only interested in putting off the anticipated final decision by the court for as long as possible,” he said.

    He said while delays in civil justice cannot be completely eliminated, it can be reduced in the profession’s common interest. “I am suggesting that this depends much more on us at the Bar than it does on our colleagues on the Bench who have shed their partisanship and can only decide the cases and controversies that we place before them.

    “As long as we choose (and it is always a conscious choice by counsel) to deliberately exploit the existence of constitutional lapses or the inevitable and necessary flexibility of procedural rules, curbing delay in civil justice will remain an illusion,” Ajumogobia said.

    Justice Williams, who successfully disposed of the 36-year-old case, said the Bar has a big role to play in achieving quicker justice delivery. She added that the problem will remain “as long as we continue to see delay as a tool. It all has to do with our attitude.”

    She advocated adequate training for court staff, continuous training for judges, intensive training for new judges, and the need to boost the morale of judicial officers.

    She said situations where judges are exposed to assault will not held the cause of justice. “I was assaulted in Ekiti State. If one judge is assaulted, then every judge has been assaulted. But where was the Bar when all of this happened? We get the legal system we deserve,” she asked.

    According to her, delay is costly and clogs the wheel of progress. Even lawyers who depose to false affidavits must be panalised. “Bad practice should be criminalised,” she said.

    Lagos Attorney-General and Commissioner for Justice Ade Ipaye urged judges to adopt a no-nonsense approach to case management by not granting frivolous applications.

    He urged the Attorney-General of the Federation, Mohammed Adoke (SAN) to set up a commission to resolve the issue of jurisdiction and at what point it should be raised.

    Whatever recommendations are reached and agreed on, he said, should be made part of the Constitution.

    Mr Ademola Akinrele (SAN) said arbitration matters should terminate at the High Court where ADR is used. The issue of jurisdiction, he said, should be taken with the main case to avoid delays. Judges should learn to ignore irrelevances and move on with cases.

    Also, the requirements for award of SAN rank which requires a certain number of appearances at the appellates courts should be jettisoned, as it encourages lawyers to pursue appeals even when frivolous.

    Judges, he said, should be appointed from diverse areas of law, such as from the academia, among others, adding that diligent counsel and a proactive bench would help speed up justice delivery.

    The organiser, Dr Babatunde Ajibade (SAN), said it will take everyone pulling in the same direction if delays are to be reduced.

    On why luncheon was organised, he said: “It’s our little way of putting something back into the profession. We are passionate and feel very strongly about it. We think we should improve the environment in which legal business is conducted.”

    Other speakers included Justice Samuel Candide-Johnson, who represented Chief Judge of Lagos, Justice Funmilayo Atilade; Mrs Olabisi Soyebo (SAN), former dean, faculty of law, University of Lagos Prof Oyelowo Oyewo; Mr Zik Obi II, a senior lecturer at the Nigerian Law School Mr Nelson Ogbuanya, among others.

     

  • Court strikes out suit against Shippers Council

    Justice Ibrahim Buba of the Federal High Court in Lagos has struck out a suit filed by Seaports Terminal  Operators of Nigeria (STOAN) against the Nigerian Shippers Council (NSC) due to non-compliance with the court’s rules.

    The judge said the parties came by way of originating summons but did not raise issues (question) for determination.

    “Since the court cannot proceed without knowing the right and interest of the parties which are inextricably tied to the question of determination, the court cannot proceed on that,” he held.

    The terminal operators on October 31 secured an interim injunction stopping the NSC from implementing the new directive on port charges.

    The  NSC had on October 29 published an advertisement announcing the reversal of the unilateral increase in storage charges at the ports by terminal operators.

    The storage charges was last increaed by the government on May 1, 2009.

    NSC also ordered an increase in the storage period at the ports from three days to seven days. It also directed shipping companies to reduce their charges from N26,500 to N23,850 (20 ft container) and from N48,000 to N40,000 (40 ft container).

    NSC further asked shipping agencies to refund container deposits to importers and agents within 10 days after the return of the empty containers.

  • Dame Jonathan as party firefighter

    These are interesting times, for the Peoples Democratic Party (PDP). Move over, Chief Tony Anenih, Chairman, Board of Trustees, the PDP, from your exalted position as Mr. Fix-it, of the usual viruses, that spew from the divergent parts of that self acclaimed biggest party in Africa. Move in, the first lady, Mama Peace, Her Excellency, Dame (Dr.) Patience Jonathan, recently retired Permanent Secretary, Bayelsa state. With her motherly touch, Dame Jonathan, the most politically active first lady, in the checkered history of our dear country, is moving around the states, smothering the many fires, over who gets what, that is threatening to consume the PDP, and torpedo our democracy.

    But for her physical presence, who would have given the soft spoken first lady, any chance of success, as a multi-talented advocate of a peculiar equitable standard, for sharing of political offices, amongst the thousands of aspirants on the platform of that behemoth, the PDP. To douse the crisis across the states, which critics call chop-make-I-chop, that is gnawing at the party’s foundation in Oyo, Enugu, Bayelsa, Adamawa, Benue, Rivers, Cross River, Akwa Ibom, Ogun, you name it, Mama Peace, in her mild mannered feminine way, is moving around with her gaily long train, one place at a time, settling the ill-mannered men, who are finding it difficult, to agree on how to share the spoils, from a conquered Nigeria.

    The Enugu state détente is particularly of interest, with the infusion of spiritualism, into the combustible ogre. Her Excellency, the first Lady, recently, was the special guest of honour, at the harvest and bazaar thanksgiving of the Adoration Ministry, presided over by Rev. Fr. Ejike Mbaka, the spiritual enfant terrible, who stared down the dreaded former Governor of Enugu state, Dr. Chimaroke Nnamani, during his reign. Chaperoned, or do I rather say, escorted, by no less a personality, than His Excellency, the Deputy Senate President, Ike Ekweremadu, the first lady reportedly read the first reading at the church service, while the deputy senate president, read the second.

    In his sermon, I gathered that the fearless Fr. Mbaka, prayed for the success of the political ambition of Senator Ekweremadu, arguing that with his success as a faithful family man, married to one wife, despite many years of political exposure, he deserves success in his senatorial ambition, more than any other person. With thousands of followers, not to talk of his famed spirituality, Father Mbaka’s endorsement of Ekweremadu, has its significance. Indeed it appears that the senator whose reelection is under threat, from Governor Sullivan Chime, has resorted to spiritual pilgrimages, following the alleged ban placed on traditional rulers by the state government, from organizing ceremonies, were the likes of Ekweremadu could gain one bogus title or another, to foster their political interests.

    From the clips shown on television, of the first lady’s visit to the Adoration Ministry, the  Governor and senatorial contender did not attend the bazaar ceremony. Despite efforts, I have not been able to confirm, whether Governor Chime was banned from the ceremony, because he has married more than once, the last and now former-wife, as Governor; or whether it was a political decision, sanctioned by the first lady, to show who has her support, among the two major senatorial contenders. Luckily for Ekweremadu, the state’s alleged stern instruction to the traditional rulers, not to host his likes, did not extend to the churches, and the Senator seems to have cashed in on that.

    There is also the report in the media, that Ekweremadu outsmarted the Governor, during the election of delegates for the party’s congress, where the candidates for the 2015 election will be elected. If the report is correct, there appears to be a revolt within the Ebeano family oligarchy. As one follower of this column said to me, it appears that my claims before the delegates’ congress, that the Governor has unchallenged supreme power in the Ebeano family, may have spurred a major revolt within the party ranks. As many have argued, Ekweremadu may be more useful to the state, if he returns as a deputy senate president, should the PDP win the presidency, but I doubt if when the chips are down, Ekweremadu can really defeat the reigning godfather of the Ebeano family, Governor Sullivan Chime.

    But the news out there, is that peace have been made between the Governor and the Deputy Senate President, with the Governor conceding his senatorial ambition to Ekweremadu, while the latter, will in turn support the gubernatorial preference of Governor Chime, Hon. Ifeanyi Ugwuanyi. Whether it is that peace arrangement, that, Her Excellency, Mama Peace, the first lady, went to consummate, or it is another peaceful settlement that she went to wrought all by herself, the days ahead will reveal. What ever be the case, His Excellency, Governor Chime, has more or less relocated to Abuja, in his hot pursuit of both his senatorial ambition and that of his many god sons and daughters.

    The first lady has also since departed to other troubled sports, in the rancorous match of His Excellency, President Goodluck Jonathan, to a landslide victory, in 2015 elections. In aid of the war efforts, which the 2015 elections is turning into, the Boko Haram insurgents, are also excising for their dubious Caliphate, parts of the stiff necked opponents of Mr. President, aggregated mostly in the north east. And who knows, by the time the election comes up in 2015, much of the major states opposing the reelection of the President, may technically no longer be part of Nigeria, and so not part of the electorate, while the remaining part will Insha Allah, resoundingly reelect Mr. President, for another term; even if for security reasons, he may have to shift down south, the capital of the country.