The Nation Newspaper

Category: Law

  • Conviction possible where circumstantial evidence is conclusive

    This is an appeal against the judgment of Kebbi State High Court of Justice Birnin Kebbi Division wherein the appellants were found guilty, convicted and sentenced to death by hanging for the offences of criminal conspiracy contrary to Section 97 of the Penal Code, Armed Robbery contrary to Section 1(2) (a) & (b) of the Robbery and Fire Arms (Special Provision) Act.

    The charge was read to the accused persons. Each of the accused persons denied any involvement in the crime and pleaded not guilty to each of the counts. Their respective statements were tendered and admitted in open court. The first  accused in his statement, raised the defence of alibi. After hearing the parties and their respective witnesses, the learned trial Judge found the accused persons guilty. Dissatisfied with the judgment of the trial court, the first and third accused persons at the trial court filed Notice of Appeal containing two grounds of appeal. The appellant’s counsel formulated two issues for the determination of the appeal. They are:

    “1. Whether from the totality of the evidence adduced at the lower court the respondent proved the offences of criminal conspiracy, armed robbery and culpable homicide punishable with death contrary to Sections 97 of the Penal Code, Section 1 (2) (a & b) of the Robbery and Firearms (Special Provision) Act and Section 221 (a) of the Penal Code beyond reasonable doubt against the appellants.

    2. Whether from the fact and circumstances of this case the defence of Alibi availed the first  appellant.”

    The respondent and the court adopted the two issues as formulated by the appellant for the determination of the appeal.

    On issue No.1, Learned appellant’s counsel submitted that the respondent failed to prove the guilt of the accused persons beyond reasonable doubt. He referred to Section 135 (1) & (2) of the Evidence Act. He submitted further that on criminal conspiracy the respondent must show credible evidence of the meeting of the minds of the conspirators to perpetrate an unlawful act or unlawful act by an unlawful means. Learned appellants’counsel argued that none of the witnesses or the evidence by the prosecution fixed the appellants to the scene of the crimes they were convicted of. He referred to the evidence of the prosecution and submitted that the accused persons were not seen or arrested at the scene of the incident. Learned counsel argued that the evidence of PW3 that Salihu Buzu (the deceased) called to inform her that he saw the appellants and the other convicts in his vicinity is hearsay. He submitted that hearsay evidence was not admissible in law. He submitted further that the statement of the deceased before he was found dead did not amount to dying declaration. Appellant’s counsel argued further that the trial court based its conclusion on speculation, imagination and suspicion, adding that suspicion no matter how strong could not occasion criminal responsibility.

    Learned counsel for the respondent submitted that the prosecution at the trial court established the ingredients of the offence of armed robbery. It was submitted that the circumstances of the commission of the offence were positive direct and unequivocal and irresistibly led to the inference that it was the accused persons that committed the offences. He cited SHAZALI V STATE (1988) 12 SC (Pt 11) 58; (1988) LPELR-3040(SC).

    On Issue No.2, it was submitted for the appellant that the police did not investigate the defence of alibi raised by the first  appellant. Learned counsel submitted that failure to investigate the defence of alibi raised by the first appellant was fatal to the prosecution case. He added that it was not the duty of the accused to call witnesses to prove his whereabouts as expressed by the trial court.

    Learned respondent’s counsel submitted that the position of the law regarding alibi raised by an accused was that if the prosecution could lead strong and positive evidence which fixed the accused person which evidence the court accepted, the defence of alibi would collapse. He relied on the case of SUNDAY V STATE (2010) 6 NCC 78; (2010) LPELR-1470(SC). He pointed out that the accused persons were very well known to the prosecution witnesses before the commission of the offences. He finally urged the court to dismiss the appeal as lacking in merit and affirm the conviction and sentence passed by the trial court.

    In determining this appeal, the court pointed out that some facts are clear in this appeal.

    1. The victim of the crime, Salihu Buzu, a watchman to the filling station under construction was killed on February 21,2012 at about 4.00am at Libba village.

    2. None of the prosecution witnesses witnessed the crime.

    3. The accused persons denied any involvement in the crime and did not make confessional statement.

    4. The trial court resolved the oath against oath of witnesses who gave evidence before it. The learned trial judge found the evidence adduced by the prosecution as cogent and compelling.

    PW1 Cpl Isuwa Hamidu attached to Maiyama Division was on duty on  April 21,2012 when a case of conspiracy, armed robbery and culpable homicide was reported. He joined a team of policemen to the scene of incidence and met the deceased lying dead in an uncompleted petrol station. He noticed gun shot wounds on his chest. Not more than five meters away, he found another dead body. The two dead bodies were conveyed to the General Hospital Maiyama for post mortem examination. PW2 was the employer of Buzu (now dead) and he identified the second dead body found at the locus in quo. He had earlier on February20,2012 around 6:30pm seen him with the first and fourth accused persons along with other person at Andarai.

    According to him, the man now dead was wearing the same dress he saw him with on inner shirt and an overcoat. The PW3 was the wife of the deceased. PW6, Adamu Aliyu Libba, did not witness the crime. He only visited the scene after the incident. PW7, was the police officer who took the statement of 4th accused. PW8, Inspector Moh’d Garba gave evidence as to the exhibits recovered – namely the Toyota Corolla car ash with reg. no. AA-655-GW and a broken down gun.

    The appellants in this appeal were the first  and third accused persons at the trial court. The court noted that there was no incriminating evidence against the third accused, now the second appellant as none of the prosecution witnesses mentioned him. The court held that the finding that the second appellant was guilty was perverse.

    On the first appellant, the court noted that his conviction was based on circumstantial evidence. The court held that circumstantial evidence where cogent, conclusive and strong conviction thereon can be sustained leaving no room for other explanation except the accused person’s guilt. See NWEKE V THE STATE [2001] 4NWLR (PT 704) 588; (2001) LPELR-2119(SC). The court noted further that it was the first appellant that was seen with the man whose body was seen with that of  Buzu (the fourth accused was with them), it was the first appellant who was seen around 4.00 am on February 21,2013, shortly after the incident with his car parked on the road leading to the locus in quo. All those who saw him were apprehensive because of his reputation. The court held that it will not disturb the finding of the the trial Judge who saw and heard the witnesses.

    On the defence of alibi, the court held that if the prosecution can lead strong and positive evidence which fixes the accused person at the scene of crime and which evidence the court accepts, the alibi naturally collapses. IKEMSON & ORS V THE STATE (1989) NWLR (PT 110) 455; (1989) LPELR-1473(SC). The court noted that the learned trial Judge accepted the evidence of the prosecution witnesses and the defence of alibi of the first appellant therefore collapses.

    The court disagreed with the contention of the counsel for the appellants that conspiracy was not proved. The court stated the test to be applied in proof of the offence of conspiracy. See ERIM V STATE (1994) 6 SCNJ 104; (1994) LPELR-1159(SC). The court held that the circumstantial evidence adduced by the prosecution points directly to the fact that they conspired. The court held that the contention of appellant’s counsel that conspiracy was not proved hold no water.

    In the final analysis, the court resolved the two issues formulated for determination in favour of the respondent.The appeal in respect of the second appellant was allowed. His conviction and sentence was set aside. He was discharged and acquited. On the first  appellant, the court held that the appeal fails as it lacks merit. His conviction and sentence by the trial court was affirmed.

     

    •Edited  by LawPavilion

    LawPavilion Citation: (2014) LPELR-23823(CA)

     

  • Law to criminalise torture coming

    With a sustained commitment on the part of the office of the Attorney-General of the Federation and the Presidency, perpetrators of torture and related degrading and inhuman treatment will soon be made to stand trial in addition to civil remedies already provided for victims under the laws.

    The Nigerian Law Reform Commission (NLRC), a body headed by former Governor of Edo State and Professor of Law, Senator Oserheimen Osunbor, has proposed a Bill for a law to criminalise torture and related inhuman acts.

    Last week in Abuja, the NLRC subjected the “draft Bill on prevention and prohibition of torture, cruel, inhuman or degrading treatment or punishment and other related matters,” to the scrutiny of Law experts and representatives of rights advocacy groups and others at a two-day national workshop which held between November 3 and 4.

    The workshop, which was also intended to seek ways of ensuring the reform of the powers of the Police to arrest, search and detain, was held NLRC under the “support to justice sector in Nigeria project being executed by the United Nations Office on Drugs and Crime (UNODC), with funding from the European Union (EU).

    Participants, who made series of  contributions on how to improve on the proposed Bill, were unanimous on the fact that the nation cannot delay any longer in enacting law that criminalises torture and related practices as investigative tools by security agencies and others in the country.

    The Attorney-General of the Federation (AGF), Mohammed Adoke (SAN), Prof Osunbor, Prof Yemi Akinseye-George (SAN) and former Prosecutor at the International Criminal Court, Ade Omofade, said this in Abuja.

    They observed that while the nation’s Constitution and laws frown at the torture and view it as degrading and inhuman treatment, it is not criminalised, therefore making it impossible for perpetrators to be prosecuted.

    They argued that in view of the global condemnation of the continued application torture as investigative tool by security agencies in the country, the civil remedies provided for in the nation’s statute books were no longer adequate.

    Adoke, who was represented by an aide, Oteh Pius Imoistikeme, argued that the prohibition of torture and related practices by the Constitution was insufficient. He said the civil remedies provided under the nation’s legal system, will be better aided by the enactment of law that criminalises torture.

    He advised participants at the workshop to examine issues relating to “what to do with evidence procured through torture, investigating acts of torture, protection of witnesses and persons reporting acts of torture,” and their possible inclusion in the actual Bill.

    Osunbor, who is the Chairman of the NLRC, explained that the workshop is meant to produce “a proposal for a law on prevention and prohibition of torture, cruel, inhuman and degrading treatment or punishment and other related matters in Nigeria.”

    He noted that the enactment of a law on torture will enable the country’s government fulfil its international obligations including compliance with the United Nations Convention Against Torture.

    Osunbor said the project, which was conceived by his commission about a year ago was not influenced by the recent damning report by the Amnesty International, detailing cases of torture by security agencies in the country.

    Omofade, who is the Project Coordinator, UNODC, Nigeria’s Justice Sector Reform, said the inadequacies contained in existing provisions informed the need for a law to prohibit torture and related practices.

  • ‘Why CJN should not head NJC’

    He is following in the footstep of his octogenarian father who is a lawyer and a politician. Olumide Braithwaite is the eldest child of elder statesman, Dr. Tunji Braithwaite and has 22 years experience at the bar. In this interview, he told ADEBISI ONANUGA what it feels like to be the son of Dr. Braithwaite among other issues

    Olumide Braithwaite is the son of elder  statesman and legal luminary, Dr. Tunji Braithwate. He has 22 years into the legal practice. Hence, his views on the happenings in the judiciary cannot be taken with a pinch of salt.

    To him, the judiciary has serious constraints, while not much has changed. Taking Lagos as example, he said: “They are over burdened with the workload. This, for instance, is despite the governor of Lagos State’s introduction of new rules and procedures, front loading and all these rules and modifications that are designed to alleviate and fast track the dispensation of justice. However, in real terms, not much has changed.”

    According to the young Braithwaite, corruption has remained a recurring decimal in the judiciary in spite of the efforts of the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar to combat it. “The issue of corruption in the Judiciary, we hear about it regularly. Lagos State has some of the best lawyers and best judges. We are all aware of the problems and we all have to join hands to find a way to clean the system as a constant exercise.”

    Despite the efforts made by the outgoing Chief Justice of Nigeria (CJN) Justice Aloma Mukhtar, who took up a crusade to rid the sector of the vice, since assumption of office two years ago, corruption is still a big problem within the nation’s judiciary. He, however, admitted that the CJN’s performance within the last two years has been reasonable. “I think she has done as much as was expected of her.”

    Like any other key player in the judiciary, Olumide has his own idea of how to keep off the executive from interfering in the activities of the judiciary as experienced in the country of late.

    To him, it is by having a strong independent judiciary. He sees the judiciary is as the buffer between the citizenry and the executive. He said this is very rife and very common in developed countries. He said: “When you have a very very strong judiciary, the executive dare not encroach. It is left to the judiciary, the judges to establish their impartiality, establish their independence. And only God will save us in Nigeria.”

    He described as normal and constitutional, the fact that key appointments in the judiciary are subjected to the approval of the President in spite of the independence of the judiciary. He reasoned that unless the constitution is changed, that would continue. He, however, agreed with the view that the office of the Chief Justice of Nigeria be separated from that of chairmanship of the NJC, describing it as “a good suggestion. Those are the kind of changes that if you implemented, they would free the judiciary from the shackles that have held them down.”

    Asked whether the judiciary would fare better and for judiciary to be truly independent if the office of the Attorney General, is made to be a career office, and that of Minister of Justice to be left for politicians, he said “there is some propriety and good rational for separating the two. Again it is separation of powers because if you invest too much power in one office, that office might be abused. That is a good suggestion provided it would ensure that the judiciary become more independent.

    Like his father, Olumide has also made a foray into politics.

    “I think I was born into it because when my father, Dr. Tunji Braithwaite, formed the Nigerian Advance Party (NAP) in those days, I was still very young. So right from childhood, I have been seeing my father in the crowd, people at meetings, rallies and all those things associated with politics. He was always in the media and meeting with people. Since I was young then, I couldn’t understand it much. But retrospectively speaking, it had an effect on me.

    “Ten years ago, I was not interested in politics, but increasingly, I felt the need, compel and the duty towards people. I believe the elite class has a responsibility to the less fortunate because they are the ones that can effect the real change. They are the ones in position of power, of influence.

    “In my own case, my personal conviction is borne out of the desire to serve, be relevant and to contribute one’s quota as it were. I see public office holders and at times, I feel convinced that they can do better.”

    He explained that after 22 years of practice, he decided to go into politics to serve the people instead of sitting on the fence and be complaining.

    “I have been practising law for 22years. So I am not leaving practice. The practice entails a lot of things. There is litigation, Commercial Law, Real Estate , there is opinion writing, foreign investment, oil and gas, there are all forms of due representation of clients. Yes, I am comfortable but the politics I have in mind is a noble profession. By that, I mean that people of substance, people of pedigree, these are the people associated with politics. You are not going there to steal. You are going there with a mandate to serve.

    “I think I am also walking in my father’s footstep. He is a lawyer and a very successful one, far more successful than I am. He went into politics and contested against the late Chief Obafemi Awolowo, Dr. Nnamdi Azikwe, Alhaji Shehu Shagari in the presidential election of this country when he was just 43. I am older than that and as a parent, you would always want what is good for your children. I am a Nigerian, even though I am widely travelled, there is only one place you can call home, and unless we join hands, we would just continue to complain, to complain and complain.

    On what he is offering the people of  the Lagos Central Senatorial district a change from what has transpired before. “They say I am a youth. Anyone below 50, they complain. But I am representing 65 per cent of Nigerian population who are the youth. They have a voice in me at the Senate. With my experience at the bar and the private sector, I believe I am more than qualified to be there. I am bringing a lot of vigour and energy, intellectual property. This is what I am offering.

    Just as he made impact in the legal profession, he believed he would also make impact in politics if he becomes a senator of the Federal Republic of Nigeria.

    “As I said before, I am going to be very active. I intend to bring to fore novel ideas and changes. For example, Lagos State has always been a trail blazer in the present dispensation, mega city and all that. I believe I can do a lot more. Lagos deserves a whole lot more than what is presently being done. I intend to lobby very hard for that.

    “In my senatorial district, we have a lot of social problems, traffic management, accommodation, unemployment, unnecessary toll gate. Some of these issues, I intend to tackle when elected.

    Though, the All Progressive Congress (APC) is the dominant party in Lagos, he believed his dreams would be better realised on the platform of the ruling party, the Peoples Democratic Party (PDP).

    “I believe that after 16 years of governance by the APC, the time for change has come. There is a feeling in Lagos State that they are no longer stakeholders because a clique has taken over. Many people, Lagosians feel disenfranchised. Even non indigenes are complaining. I believe this election, people are going to vote en-masse for the personality, not necessarily on party basis because Nigerians are not cattles or sheep. They would be able to distinguish for themselves. I believe further that this elections, are for the PDP to lose rather than for the APC to win. The state has been mismanaged despite the strides that have been made in their foremost years.

    responsibility of maintaining that level of integrity which is a constant pressure on me. And knowing that you are stepping into a very large shoe, it can sometimes be very challenging. But overall, I am very blessed to have somebody like that as a mentor and role model”.

    He listed the challenge he faced during his 22 years of law practice to include “the slow dispensation of justice, the slow administration of dispensation of justice”.

    He noted that though the rules have been amended, “litigation is tough, very challenging clients, counsels, professional time and skills required are still required.

    “Again, due to the delay in the legal system, it caused many lawyers to compromise. Integrity also is a challenge in the profession. I also see general poverty and the standard of the profession is dropping. That is taken from educational institution. Education itself has dropped in Nigeria since I started practicing. How much more so the people in my own profession. “Challenges of the economy vis-a-vis law practice. Every lawyer can attest to this. We can’t even do recruitment and training of juniors. The challenges of infrastructure. By that I mean having a well equipped library, project offices. These are all challenges.

    For him, one can’nt look at the issue of way out of slow dispensation and administration of justice nationally because each state has its own rules. “There are different issues bedeviling each state. Lagos state is by far the most litigious state. I think Edo state is second where litigation is given a premium attention”. He also noted that in the judicial system, there are frivolous cases that should not be in court. He regretted that such cases end up going through the court system and can be there for ten years, wasting everybody’s time while some cases have been long abandoned.

    “I think also there should be some innovation for cases that are lacking for want of legal representation. They should be thrown out. I think also when you make litigation very expensive, people would think twice before filing any frivolous case. That’s what happens in the UK. Litigation is very expensive abroad and so it should be here”.

     

  • Nigeria, justice and development

    At the international level there has been a growing shift in conversation on why justice and respect for rule of lawmust be included in the post-2015 Sustainable Development Goals. Since the Millennium Development Goals were first developed in 2000, over the last 14 years, it has dawnedupondevelopment partners and other relevant stakeholders that both justice and rule of law underpin not only security, but sustainable economic development as well. As the MDG’s are coming to an end next year, we must look more seriously at why including justice in the Post 2015 Development Agenda is vital. For a country like Nigeria – Africa’s “economic powerhouse”-this move would represent a valuable step forward for justice, security, the economy and gender rights as a whole. But first it is important to take a look at the current state of affairs in the country, then see why the setting of new benchmarks with the Sustainable Development Goals could help improve the overall state of affairs in Nigeria.

    Nigeria’s criminal justice system

    The criminal justice system in Nigeria today is one where ordinary people are not sure what justice holds for them, courtrooms and prisons are dilapidated and a vast majority of those in prison are awaiting trial. The search for justice is costly and often times not even worth the effort. With low manpower and poorly trained personnel in the judiciary and justice ministries, both civil and criminal cases suffer long adjournments. Most times, litigants abandon their claims due to high costs occasioned by protracted period of litigation. The slow pace at which reform is being carried out in the criminal justice system ostensibly keeps access to justice far from the reach of the poor and downtrodden.

     

    Police force mistrust

    Justice and security are interlinked and inseparable, andin Nigeria both are deeply ailing. There is a perpetual state of tension and anxiety across the nation – one which is exacerbated by the (often) uncontrolled use of state power, justice that is rarely assured and a police force that lacks public trust.The departmentthat isnormally charged with maintaining law and order, security and safety has lostpublic confidence throughgrowing concerns about the spate of corruption, bad leadership, ineffective or poor supervision and absence of clearly defined goals. For Nigeria’s common man, justice offers little more than an elusive ideal. The result is a society that either condones crimes committed against them or (most often) resorts to extra-legal means to ventilate their claims or grievances. This slow and (sometimes complete absence of) crimes investigation impairs the judiciary’s ability to dispense justice altogether.

     

    Economic consequences

    The heightened atmosphere of insecurity bears negatively on Nigeria’s economy – it discourages potential investors and hinders economic growth. If Nigeria’s vast resources were maximally harnessed in a regime where justice, human rights and rule of law prevailed, the country could reach new heights.

     

    Enhancing the status of Nigerian women

    Moving towardsa post 2015 agenda, it has become increasingly obvious that a strong and deliberate intervention is needed to enhance the social, political and economic status of women in Nigeria. As in many other parts of Africa today, an estimated 70 per cent of those living in abject poverty in Nigeria are women (qualified as living off less than a dollar per day). In the public sphere, the figures are equally skewed – a meager seven percent of women are represented in the public sphere, occupyingpositions in parliament, the judiciary, executive arms of the government and various businesses. The “key problems”for Nigerian women living in a largely patriarchal society, remain unabated and are yet to be effectively addressed. Such problems include incessant domestic violence, rape and cultural barriers that hinder their growth and relevance. In addition to economic factors, the non-flexibility of socially ascribed gender roles further limits women’s access to power, education, training and productive resources. With 16 years of uninterrupted democracy in Nigeria, experience has proven that women can immensely contribute to the country’s socio-economic and political development if liberated from current limiting cultural barriers.

    Access to information

    Historicallypublic governance in Nigeria has been bedeviled by a culture of secrecy, which hassurrounded all levels ofaccess to government information.  For decades, State institutions hardly kept records because of lack of knowledge or their strong desire to maintain secrecy. More so that civil servants were protected by the Official Secrets Act and other laws from disclosing sensitive information.

    Since the Freedom of Information Bill was passed into law in Nigeria, there has been palpable progress in the areas of public accountability and governance. But there is still a real lack of freedom of information, which has undoubtedlyimpaired Nigeria’s democratic process, impacting onits social and economic development. When information is stifled it impedes the possibility of ensuring inclusive participation in the governance process. With well-articulated targets and goals set to increase access to information, Nigeria stands a great chance to reduce corruption to its barest minimum, and enhance public accountability in governance which are the needed precursors for sustainable economic development.

     

    Conclusion

    Access to justice and respect for rule of law in any given society underpins security and ensures a just society. It serves as a bedrock on which all other social, economic and political activities thrive. Over the years, we somewhat ignored this perspective, but when we consider rule of law as a development goal it cannotbe neglected. To ignore justice and rule of law in any development plan in Nigeria is a recipe for failure.

    That said, it is increasingly obvious that Nigeria can no longer sustain its development targets and goals in post 2015 if they are not hinged on justice and rule of law. Nigeria’s post 2015 Development Plan must rest on a foundation of justice, respect for rule of law and human rights, effective security and safety for all. To do otherwise is like building a house of cards.

    The time to set priorities for Post 2015 is here and the opportunity to place justice and rule of law at the heart of Nigeria’s development agenda must not be missed. At the core of Nigeria’s empowerment, stability and development is justice and rule of law. In the next fifteen years, justice and rule of law shouldoccupy a distinct place in any proposed or adopted development agenda. If we exclude justice and rule of law, the consequences of such omission may be too heavy for us to bear. It may be extremely difficult to achieve respect for human dignity – particularly for the vulnerable. The time to act is now!

    •Oziegbe, is Senior Partner with Partnership for Justice, a non-profit organization of professionals who share a commitment to equality, justice and globalization of human rights standards and a consultant with OSIWA.

  • Appeal Court to hear suit over Abuja property

    The Court of Appeal in Abuja will on January 21 next year hear suit over a property dispute involving a former Nigerian Envoy to South Africa, Ambassador Shehu Malami and businessman, Sir Emeka Offor.

    The dispute is over the ownership of a land in highbrow Asokoro, Abuja on which a Nigerian in Diaspora, Mr. Imokhuede Ohikhuare built two duplexes, but which Malami, claims ownership and claimed to have transferred to Offor.

    A three-man panel of justices, Justice Abdulkadir Jega (presiding judge), Justice Joseph Tine Tur and Justice Mooren Adumein on October 22 acceded to a plea by Team of Counsel to the Appellant, Mr. Paul Erokoro (SAN), Mr S.I.Ameh (SAN) and Mr Femi Falana (SAN) to withdraw some applications they had before the court, which recent developments in the matter made irrelevant.

    Chief Udechukwu (SAN) lead counsel to Ambassador Malami and Sir Ofor, informed the court that he has already filed an appeal at the Supreme Court ahead of the Court of Appeal hearing of the matter.

    Sir Offor claimed ownership of the property on the strength of an irrevocable power of attorney purportedly given to him by Ambassador Malami.

    In 2006, Ohikhuare, a businessman, bought the land in dispute for the sum of N50 million and built residential apartments valued at over N1 billion on it.

    He was living with his family in the property until he was allegedly ejected with force, on the strength of a verdict by Judge A.S. Umar of the Abuja High Court.

    Ambassador Malami challenged the legality of the revocation of the Certificate of Occupancy issued to him on then Plot 865 (now Plot No. 1809) within Cadastral Zone A04) Asokoro, Abuja by the Minister of the FCT and the FCDA.  At the trial court, Malami had claimed that the land was originally allotted to him in 1984, but was unlawfully revoked in October 2005 by the FCDA, which then assigned the same plot to Alhaji Mohammed Habib Aliyu, who eventually sold the land to Mr.Ohikhuare.

  • 2015: Lawyers seek justice for all

    All eyes are on the judiciary ahead of next year’s election. Will it do justice for all? This was the thrust of discussions at the fourth annual lecture Nigerian Bar Association (NBA), Abuja Branch.

    Speaking on the theme: Electoral process and courts in Nigeria: The Implications on law and democracy, the guest speaker, a former Commonwealth Lawyers Association (CLA) president Boma Ozobia, said although the judiciary has been working towards achieving a level-playing field in the political space, more is needed.

    “The Nigerian Judiciary has done its best to entrench constitutionality, due process and rule of law. The missing link in my humble opinion is activism or a higher sense of social responsibility from the lawyers who prepare and advocate these cases before the judges,” she said.

    The branch’s chairman Mr. U.M. Yamah, represented by the Vice-Chairman, Mrs, Ozioma Izuora filing processes in the court is rigorous.

    He said an urgent solution is needed. “The deployment of the wide benefits of the Information and Communication Technology (ICT)  can do everyone a lot of good both at the filing of processes and the documentation of court proceedings.

    “May I suggest the need to adopt the use of online filing which the court is already prepared for and the introduction of stenographers to ease the burden on judges who presently still depend on the archaic long hand writings in court. This is no longer in tune with contemporary realities,” Yamah said.

    The branch’s  secretary and local organising committee chairman, Mr. Afam Okeke, urged the Federal Government to give effect to the letters of the constitution and the judgment of the Federal High Court which granted financial autonomy to the judiciary.

    “Of the three arms of government, the judiciary possesses the largest number of educated people. To be a high court judge, the minimum is that you must have graduated from the university, you must have gone to the Law School which is like having a Masters Degree and then you must have been in practice for at least about 10 years before being appointed to the bench. Whereas to be the President of Nigeria, you need evidence of attending Secondary School, it doesn’t even mean you passed, it is the same thing to be a legislator

    “So if the other arms could control their capital votes, then the judiciary should have been saddled with the responsibility of looking after the capital votes of the other two arms because of the level of the education of the people in the judiciary,” Okeke stated

    Independent National Electoral Commission (INEC) Director of Legal Services Mr. Ibrahim Bawa said some cross carpeting should have consequences.

    “Any politician who cross carpets should lose some benefits. A legislator who cross carpets should lose his seat as a legislator. But a situation where politicians of the executive arm of government cross carpet and nothing happens to them, why should you single out the legislators for sanctioning?”

    Chief Judge of FCT High Court, represented by Justice U.I. Bello praised the branch for the lecture and said all hands must be on deck to achieve a just and equitable society.

  • Defamation: court orders COSON boss to pay N25m damages

    For allegedly using derogatory words against Musical Copyright Society of Nigeria Limited’s (MCSN) Mayo Ayilaran, Copyright Society of Nigeria (COSON) boss, Tony Okoroji has been ordered to pay N25 million damages.

    The order was contained in a judgment delivered by Justice Olubunmi Femi-Adeniyi of a Lagos High Court, Ikeja, in a case instituted by Ayilaran.

    The court restrained COSON from further publishing defamatory materials against the claimant.

    Okoroji, who is chairman, Board of Directors of COSON was also asked to pay N250,000 as costs , with interest on judgment sum set at 10 percent per annum from date of judgment.

    In a writ of summons dated April 16, 2002, Ayilaran accused COSON boss of defaming his character and demanded N100 million as damages.

    He claimed that Okoroji had in a letter dated December 4, 2001, addressed to Performing Rights Society Limited, United Kingdom with the heading: “PRS Activities in Nigeria: Serving the Interest of the Authors/Composers or Mayo Ayilaran?” copied to the International Federation of Societies of Authors and Composers and the Nigerian Copyright Commission, described him as a dishonest, fraudulent, difficult, problematic and dissatisfied individual.

    During trial, Okoroji did not deny authorship of the said letter, just as he alleged that Ayilaran had been operating an illegal society for many years, to which he was facing criminal charges.

    Justice Femi-Adeniyi held that the language used in the letter in question appears to have been carefully measured and was not spoken in the heat of an argument or in the prelude to a fight.

    “I find and hold that the words used therein which are disparaging of the claimant are not mere vulgar abuse but that they were used intentionally and with the motive to remove the claimant in favour with the recipients of the letter.

    “The defendant has not been able to successfully give lawful justification for the words he has used in relation to the claimant in the said letter to remove him from liability and I so hold,” the court heard.

  • Stakeholders seek stiffer punishment for environmental crimes

    Stakeholders have called for stiffer punishment for environmental crimes.

    The National Environmental Standards and Regulations Enforcement Agency (NESREA) and the  United Nations Environmental Programme (UNEP) said stricter enforcement of environmental laws is needed.

    This, they said, would enhance the quality of life and protect the country from disastrous effects of environmental degradation.

    They spoke during a workshop on the enforcement of environmental laws, regulations and standards for the judiciary and law enforcement agencies.

    It was jointly organised by NESREA, Office of the Chief Judge of the Federal High Court  and UNEP.

    Minister of the Environment,  Mrs. Luarentia M. Mallam,  represented by the Permanent Secretary, Mrs. Rabi Jimeta said the workshop was organised to strengthen the enforcement of environmental laws, regulations, standards and guidelines in Nigeria through sensitisation and retooling of the judiciary and other law enforcement agencies.

    Federal High Court Chief Judge, Justice Ibrahim Auta said there should be massive and sustained programme for publicity and environmental awareness to facilitate the much needed attitudinal change and re-orientation.

    In a comuniqué, the organisers called for special courts to handle environmental matters, synergy and collaboration among law enforcement and security agencies;

    It said legislations should be reviewed to accommodate stiffer penalties for environmental crimes in Nigeria.

    It added that a regional judicial forum should be established in West Africa for the Anglophone judges, to promote environmental governance in the sub-region.

    Director-General of NESREA, Dr. Ngeri S. Benebo said the media should publicise environmental law violations and enforcement actions.

    The keynote address was delivered by Attorney-General  and Minister of Justice, Mohammed Adoke, (SAN), represented  by Mr.  Bola Odugbesan.

    The Chief Justice of Nigeria was represented by  Justice Samuel Walter Onnghen of the Supreme Court. Court of Appeal President was represented by Justice Abdulkadir Jega, while the  Inspector General of Police was represented by a Commissioner of Police,  Nwodibo Ekechukwu.

    No fewer than 70 participants, including judges, representatives of the police, Department of State Security, Army, Office of National Security Adviser, the academia and the media were in attendance.

  • Supreme Court urged to restore appeal against Mobil

    The Supreme Court has been urged to restore an appeal filed by the late Rev Dr. C. J. A. Uwemedimo and his company, Comandclem Nigeria Limited against a decision given in favour of Mobil Producing Nigeria Unlimited, by the Court of Appeal.

    The request is contained in a reply affidavit filed by the appeallnts against an application by Mobil in the appeal numbered : SC 69/2011m

    The appellants, who clamed to be the true and statutory inventor of the Anti-Corrosive Special Paint for Q.I.T. (Transteel Blue, White Enamel) Q.A.D. with a Non-Convention Patent Certificate Number. RP 13522 of 5th August 1999 had been in court with Mobil since year 2000 in an effort to compel the oil company to pay  royalties for the usage of the invention.

    On May 5 this year, the apex court, acting upon a purported notice of withdrawal, dismis the appeal by Uwemedimo and his company.

    They submitted in their fresh affidavit,  that the notice of withdrawal filed on March 24, 2011, which led to the dismissal of the appellants’ appeal was tainted with foul play, fraud and concealment to the lass and damages of the appellants.

    They denied authorizing the filing of the notice of discontinuance. Said their former lawyer, Dr. Tony UUkam, who has also “washed his hands” from the notice, in a letter dated May 16, 2014 was not authorized to file the notice.

    They added that a former official of the 2nd appellant, Comandclem, Monday Akpan, who had since been sacked from the company and who claimed to have knowledge of the notice,  could not have acted legitimately on behalf of the company.

    “It is therefore not a validly filed notice of withdrawal as to constitute an act within the implied authority of the former counsel to the appellants/applicants as counsel conducting the appeal. It is therefore within the province of this court to set aside its ruling made on May 5, 2014 dismissing the appellants/applicants appeal and restore the same in the interest of justice.”

    They argued by virtue  Order 8 Rule 6(5) of the Supreme Court Rules 1985 (as amended), the court has the powers to set aside an order of dismissal made under Order 8 Rule 6(4) of the court’s Rules. They urged the court to exercise its discretion in favour of the appellants/applicants as it will enhance the doing of substantial justice in the case.

    When the case came up on Monday, the court could not entertain any applications, including an oral application by Mobil’s lawyer, Eyimofe Atake (SAN) for an order striking out his client’s cross appeal.

    A five-man panel presided over by Justice Mahmud Mohammed directed that names of parties in the case be amended to reflect the fact that the first appellant was dead.

  • Ondo quarry project faces legal hurdle

    Members of a prominent family in Ondo State are up in arms against an indigenous company over alleged trespass and destruction of their farmland and economic crops while clearing the site for crushing stone without mandatory agreement and compensation.

    The head of the family and spokesman for the estate of late Pa Josiah Aderinola of  Ipele in Owo  Local Government area of Ondo State, Mr. Dapo Aderinola, said DIC Materials bulldozed and destroyed cocoa, cassava, orange trees, plantain and kola nut trees, among others, while clearing more than two acres of  the family’s farmland at Ipele/Ifon Road.

    Aderinola who holds the power of attorney with his brother, Olu Aderinola, said it would be wrong and excessive if a company in business for profit were to be allowed to ruin the family’s property and leave the owners empty handed.

    In a letter dated August 25, the family’s lawyer, Dr. Bode Ayorinde, principal partner at Bode Ayorinde Ayorinde & Co Legal Practioners, asked the company to stop further work on the site, pending a meeting with the representatives of his clients.

    The company denied the charges and said it followed due process as it had signed a Community Development Agreement (CDA) and  a Memorandum of Understanding (MOU) with Olupele of Ipele, in addition to a letter of consent for rock exploration and documentary evidence of compensation to the land owners and occupiers.

    The company’s quarry manager, Engineer Balogun Ayodele also said in a letter dated October 15, that an unspecified “monetary compensation” was paid to “any farmer for his/her crop within the perimeter of the area where the explorer will explore/crush rock.”

    But, in his reply dated November 4, Ayorinde said the company had confused the consent it required from the government and the traditional ruler on the quarry site with that required from the Aderinola family as the owners of a piece of the surrounding land.

    “Our client will not compete with HRH, the Olupele of Ipele or the Federal Government of Nigeria on their right and authority on the rock in question, which is legally classified as mineral deposit”, he said.

    “However, no law in Nigeria has appropriated our client’s land to the traditional ruler or the Federal Ministry of Mines and Steel. It is left to you to operate directly on the rock or find another piece of land to serve as your operational base” , he said.

    “Our clients hereby deny ever receiving any monetary compensation from you before entering this land, and you are hereby put on the strictest proof ,” he added.

    Ayorinde gave notice that the family may head for court to enforce its right if the company failed to comply with its demand within 14 days.