The Nation Newspaper

Category: Law

  • Authority to terminate employent can be delegated

    The Appellant as Plaintiff sued the Respondent as Defendant at the High Court of Edo State at the Iguobazuwa Judicial Division challenging the termination of his appointment. The brief facts of the matter, which precipitated the action, shows that the Appellant was offered a temporary appointment by the Respondent by a letter dated 10th September, 1996. Subsequently by another letter dated 20th November, 1996, the Respondent appointed the Appellant as a Part-Time Lecturer. This appointment as a Part-Time Lecturer was later converted to Temporary Appointment by the Respondent’s letter dated 19th January, 1998.

    The Appellant’s case is that the Temporary Appointment which was expressed to be on a month-to-month basis was never renewed and therefore the Respondent treated him, no more as a temporary staff, but as a permanent staff and that he indeed acted as the Assistant Head of Department of his Department, a position that was not open to a staff on temporary appointment. It is the Appellant’s case that the parties agreed or were deemed to have agreed that he was a full staff of the Respondent and the Respondent was obliged to formalize his appointment after his successful interview for that purpose but that the letter in that regard was never released.

    The Appellant, therefore, made the case that his appointment was wrongfully terminated. In the Writ of Summons, the Appellant claimed reliefs for a declaration that the purported termination of his employment with the Defendant was unlawful, wrongful, unconstitutional, null and void and of no effect whatever in that the termination was done by the Provost who has no power under the law to do so; an order setting aside the purported termination of his employment; a declaration that the he is still in the service of the Defendant and is therefore entitled to be re-instated to the position he held in the service; an order re-instating the Plaintiff to the position occupied by him in the Defendant’s employment; an order of payment of arrears of salary and other emoluments from 21/10/99 till re-instatement, including payment of money in lieu of annual leave due from 1999 till re-instatement.

    The Plaintiff claimed alternatively from the Defendant the sum of Three Million, Sixty Eight Thousand, Three Hundred and Twelve Naira (N3,068,312.00) being special and general damages for breach of contract. The adduction of evidence having been concluded, the trial Court delivered the judgment, subject of this appeal. The Appellant, being dissatisfied with the judgment appealed against the same.

    The Appellant argued that the letter terminating his appointment was issued by the Provost through the Registrar and that none of them had such powers under Section 18(2) of the College of Education Ekiadolor Edict. Relying on the maxim delegatus non potest delegare it was submitted that signing the letter without any mention of the Governing Council was unlawful and that the Chairman of the Governing Council should have personally signed the letter. Replicando, the Respondent submitted that the Respondent’s witnesses attested that the decision to terminate the Appellant’s appointment was that of the Respondent’s Governing Council and that by Section 8(1)(d) of the College of Education Ekiadolor Edict, it was the responsibility of the Provost, who can use any officer he duly assigns, to implement the decisions of the Council; and that being agents of a disclosed principal, their action will bind the principal.

    The Court stated that it cannot be disputed that the letter terminating the Appellant’s appointment was signed by the Registrar for the Provost. In the pleadings filed, the parties joined issues on whether it was the Provost or the Governing Council that terminated the Appellant’s appointment. The Court held that Section 18(2) of the College of Education Ekiadolor Edict gives the Governing Council the power to terminate the appointment of any member of staff if in the opinion of the Council his services are no longer required and by the letter of termination, the Appellant’s appointment was terminated because his services were no longer required. The Appellant however argued that neither the Provost nor the Registrar who signed the letter has the power to terminate his appointment. The Court held further that exhibits 12, 13, 14 and 15 which are proceedings of the Governing Council and Committees set up by the Council conclusively show that the decision to terminate the Appellant’s appointment was taken by the Governing Council of the Respondent. Nevertheless, the Court asked the question whether the fact that the termination letter was signed by the Registrar, for the Provost, make the letter communicating the termination ineffectual. On this the Court held that it is instructive that the termination letter opened with the words, “I am directed” thus showing that the writer of the letter was merely implementing the directives that he was given. In this instance, the writer being the Provost, as the Registrar merely signed the letter on behalf of the Provost.

    The Appellant contended, relying on the maxim delegatus non potest delegare, that to be effective the letter of termination should be signed by the Chairman of the Governing Council. The Court stated that it had already established and accepted in the judgment that the decision to terminate the Appellant’s appointment was a decision of the Governing Council. The Court cited Section 8(2) of the College of Education Ekiadolor Edict, that the Provost shall execute the decisions of the Council. So under the law there was an obligation on the Provost to execute the decision of the Council to terminate the appointment of the Appellant. The Court further stated that the Office of the Registrar of the Respondent College is established by Section 11 of the College of Education Ekiadolor Edict and by Section 11(2) and (3) of the Edict, the Registrar is the Secretary of the Council and shall perform such other functions as may be assigned to him by the Provost. The Court held that it would be within the provisions of the law if in executing the decision of the Council under Section 8(2), the Provost assigns to the Registrar, who is the Secretary of the Council, the responsibility under Section 11(3) of the law to write the letter conveying the decision of the Council to terminate the appointment of the Appellant.

    The Court stated that it has been held that a government functionary may normally act through departmental officials without infringing the maxim. Thus, where functions entrusted or delegated to a functionary are performed by an official employed in the department headed by that government. There is in law no functionary delegation or sub-delegation because constitutionally, the act or decision of the official is that of the functionary. The Court stated that this is known as the Carltona Principle enunciated in the case of CARLTONA LIMITED vs. WORKS COMMISSIONERS (1943) 2 ALL ER 560. See also Halsbury’s Laws of England (4th Edition) Vol. 8(2) page 242, paragraph 365 and Bowstead & Reynolds on Agency (17th Edition) page 139, paragraph 5-006. Nearer home, the Court cited the Supreme Court (per Nnaemeka-Agu, JSC of blessed memory) in the case of NWOSU v. IMO STATE ENVIRONMENTAL SANITATION AUTHORITY (1990) 2 NWLR (PT 135) 688 at 718 – 719 H-B (quoting from Administrative Law by Wade, 3rd Edition, page 67) stated as follows:

    Although the Courts are strict in requiring that statutory power shall be exercised by persons on whom it is conferred and by no one else, they make liberal allowance for the working of the official hierarchy at least so far as it operates within the sphere of responsibility……. This is embodied in the Latin maxim: qui facit per alium facit per se i.e. he who does an act through another is deemed in law to do it himself.

    The Court held that in the light of the provisions of the College of Education Ekiadolor Edict, it is of no moment that the letter of termination was signed by the Registrar on behalf of the Provost. That it did not in any way affect the efficacy of the said letter which was to convey the decision of the Governing Council that the services of the Appellant were no longer required. Furthermore, the Court stated the position of the law in NNPC vs. TRINITY MILLS INS. BROKERS (2002) LPELR (7142) 1 at 14, where per Aderemi, JCA (as he then was) stated:

    “Generally, a delegated power cannot be delegated. The Latin maxim is DELEGATA POTESTAS NON POTEST DELEGARE. This principle or rule applies wherever the authority involves a trust or discretion in the agent for the exercise of which he is selected. But it does not apply where it involves no matter of exercise of discretion; and it is immaterial whether the act is to be done by one person or the other.”

    The Court held that in the instant case there was absolutely no matter of exercise of discretion involved in the person who conveyed the decision of the Governing Council of the Respondent to terminate the Appellant’s appointment. The person that signed the letter is immaterial since from the documentary and testimonial evidence it was the Governing Council that took the decision to terminate the Appellant’s appointment. The Court arrived at the conclusion that the evidence on Record establishes that the Appellant’s appointment, as conveyed to him by virtue of the provisions of the College of Education Ekiadolor Edict, was terminated by the Governing Council of the College. Accordingly the issue was resolved against the Appellant. In a summation, the Court held that the appeal is devoid of merit, same failed and it was dismissed.

     

    •LawPavilion Citation: (2014) LPELR-23320(CA)

    Compiled by: LawPavilion

     

  • Oligarchy versus democracy

    With the 2015 elections in sight, the underbelly of our democracy has been exposed to the long knives of the Oligarchy in power. The inimitable Fela Anikulapo-Kuti characteristically referred to the political elite as Vagabonds in Power (VIP), but because I lack Fela’s courage, I will rather refer to them as Oligarchs pretending to be Democrats. Again, that instructive political philosopher, the indefatigable Abami eda after seeing through all the mago-mago, the shenanigans called democratic process in the run up to the 1979 presidential election, which Alhaji Shehu Shagari predictably worn, cynically referred to it, as an Army arrangement. In the same manner, in the run up to 2015, a bizarre type of arrangement is taking place

    The name of the game is settlement. What you are settled with depends on how high up you are. What you settle with depends on how depraved and desperate you are. Those who refuse to settle will be betrayed. The custodians of the power ladders are the godfathers; and the power centers are varied and scattered. The loci of power exist in the military, politics, judiciary, religions, traditions, intelligences, insurgency, tugs among others. Of course there are fake power centers and fake ladders, owned by impotent godfathers. Welcome to the magic world of Nigerian politics. If you are naïve like most of us, you will be waiting for the natural birth pangs, not knowing that what will take place is an induced labour process.

    The biggest prize is the presidency, and President Goodluck Jonathan, being an incumbent, is naturally the most desperate. The presidency also has the largest constituency and also the greatest amalgam of godfathers, waiting to be settled. To his goodluck, he has so many resources at his disposal to settle the godfathers. He has the banking licenses, oil blocks, contracts, appointments, promotions, awards, recognitions, huge financial cache for bribes and corrupt inducements, potent threats and force, arranged insurgency and so much more, to choose from to settle the godfathers. His major contenders have mostly their personal resources, and long forgotten favours to match the president’s arsenal. The only saving grace will be if the godfathers reject the enticements, considering that out of desperation, no price will be too much to offer. But can they?

    To show how influential the road to the presidency can be, the armed bandits ravaging the north-eastern part of Nigeria, the Boko Haram, has reportedly indicated their interest to make peace, just in time for President Goodluck Jonathan to declare his interest to run again in 2015. The theorists who have been claiming that the insurgency was arranged, either by the government or the political opponents of the government, now have every reason to push their theory. But how can we ever know those who were settled and what they were settled with, to agree to the timely seize fire, in other to give the presidential declaration, some modicum of honour. After all, many had hoped that without an agreement on what to do with the abducted Chibok girls, President Jonathan will not have the moral high ground to declare for a re-election. Now that the release of the Chibok girls has been arranged, with a seize fire as jara, the President can earnestly kick off his campaign.

    Such is the potency of the settlement business that many of the presidential hopefuls have ‘willingly’ given up their presidential ambitions. In appears that all the gragra was merely to raise their settlement price. Looking across the country, one can clearly second guess those that already ‘sold in cash’, as their business empires are booming. One group that has been accused of having sold by wholesale is the Igbo political elite. One of the major accusers is Joe Igbokwe, the All Progressive Congress (APC) spokesman in Lagos state. His frustrations are well documented, especially his queries over the settlement price paid by President Jonathan for the unprecedented wholesale support, and a near total abdication from contesting the presidency, by the entire Igbo power mongers.

    Mr. Igbokwe however has not written about his personal efforts, or that of his party, the APC, to make a strong pitch for followership in the South-East. His party appears contended with seeking for support from outside that geo-political zone, as even Governor Rochas Okorocha dose not rank high in the pecking order for the party’s Vice Presidency, since the party have officially seeded the presidency to the North. Strangely the South-West intelligentsias despite the acclaimed political sophistication of the zone are arguing that the APC can only make a strong showing in the zone, if the Party fields a Vice President from the South-west. That argument may further reinforce the argument against the sympathizers of APC in the other zones in the South, except the South-West; people like Joe Igbokwe.

    In my view, if the APC wants to lay claim to being a truly national party and counter the menace posed by the Peoples Democratic Party (PDP), which it should for our common gain, then it has to appreciate that Nigeria is made up of six geo-political zones. The implication is that with the South-West having produced President Olusegun Obasanjo who served for eight years, it will be a hard sale for it to again be angling for the Presidency, eight years after. What the APC should do is to seek for a quality Vice Presidential candidate from the South-East or South-South, to further reinforce the argument that the party is a national party. One major reason why the PDP has survived strongly over the last sixteen years may be because the party has no strong regional coloration. The other major reason of course, is their well oiled settlement culture; the oligarchy arrangement.

     

     

  • Nigeria has a long way to go, say lawyers

    Nigeria has a long way to go, say lawyers

    Some lawyers have expressed disappointment with Nigeria’s slow development, 54 years after it attained independence.

    Speaking on the state of affairs, they said the government still has a lot to do for its citizens, adding that strengthening the judiciary would help.

    Chairman, Nigerian Bar Association (NBA), Aba Branch, Chidozie Ogunji, said not much has been done by the leaders to justify the founding fathers’ efforts.

    “To be very frank, I am not too happy with where we are. The judiciary and police are the two places where government ought to have put more time and if they had done so, the country would be better. They should pay the police well, give them better working environment, better living environment,” he said.

    Accessing the judiciary’s performance in 54 years, Ogunji decried executive interference, stressing that the judiciary would do well if it is granted autonomy as provided in the Constitution.

    “From the time we gained independence till now, we have not improved at all.  It is still the same thing. Things are now getting worst, different state government are muscling the judiciary. Take for example; the Rivers State judiciary has been under lock and key for several months. The other day in Ekiti, judges were attacked, the record books thorn, they shredded the clothes of the judge. It was not that bad in the military rule.

    “The judiciary should be made autonomous – judges appointed without government interference. Their money should be deposited in their account and allow them do their budgeting and their expenses. For me, we have not done much. To me, it’s a far cry from what is expected,” Ogunji said.

    Secretary, NBA, Aba Branch, Bob Ogu, said despite challenges, there is reason to cheer. The former governorship aspirant in 2010 under the defunct All Nigeria Peoples Party (ANPP), said: “We are not where we ought to be, but that does not mean that we have not made progress. At least, staying together for 54 years after independence is an achievement. Having democracy for the past 16 years is an achievement.

    “The caveat is that where we are now is not where we ought to be if we have the proper person at the right places. In terms of education, we have made progress. I can’t say that the standard has fallen down that much, but it’s just that we have proliferation of institutions. But strictly speaking, the standard has not fallen too much and we have made progress.

    “In terms of policing, we have made progress, but it is just that the level of corruption in the police is also scaring. It makes things look as if we take one step forward and two steps backwards because of corruption.”

    On where the country got it wrong, Ogu said: “It borders on leadership and corruption. From a 1967 World Bank Report that I read, the Southeast had the highest number of tarred roads and industries in the whole of Africa except South Africa.

    “So, imagine what it was in 1967 and try to equate it with what we have now, you will see that if we had continued with that rate of development, Nigeria would have gone far ahead of where we are today. That is why I am saying yes, we are celebrating but with a caveat.

    “The founding fathers of Nigeria had vision and they were less corrupt. But the politicians we have now, most of them don’t have vision and they are viciously corrupt. I can give you example. When Mbakwe was the governor of the Old Imo State in 1979-83 the number of industries, the quality and number of roads he built cannot be compared with what we have now.

    “If you look at 1979-83 when Jakande Lateef was the governor of Lagos State, he was proposing a metro line as at that time, but where are we today? They had vision and were less corrupt. But most of the guys we have here now with the exception of a few, are viciously corrupt and they don’t have vision.”

    On insecurity, he urged the National Orientation Agency (NOA) to sensitise the people more on the need for peaceful coexistence, adding that opposition parties have a role to play in making people “politically aware.”

    Ogunji and Ogu urged the civil society, lawyers, the media and all citizens to join the campaign against corrupt leadership, saying all must demand accountability from political office holders.

  • Impunity a threat, says Oyebode

    A Professor of International law, Akin Oyebode,has warned that massive corruption and impunity constitute grave threats to freedom.

    Oyebode, who in a keynote address he delivered  at the Annual National Management Conference of the Nigerian Institute of Management (NIM) in Effurun, Warri, said these maladies also threaten national survival unless countered by adequate measures.

    Speaking on “Building institutional capacities as a pathway to good governance: The importance of a legal and regulatory framework,” the law professor, who was conferred with the fellowship of the Nigerian Institute of Management at the occasion, warned that the destiny of the nation “must never be abandoned to the whims and caprices of enemies of the open society and fidelity to law and due process.”

    “We all should recognise the necessity to subject all activities and actions under the superintendence of law, or else, we open the flood-gates to chaos and disintegration,” he said.

    “In a situation of threatened state failure, massive corruption, impunity and rising incidence of self-help, enlightened self-interest warrant recognition by all concerned of veritable threats to individual freedom and national survival, which need to be met by the adoption of requisite, well-considered measures to salvage the situation,” Oyebode said.

    According to the University of Lagos (UNILAG) professor of law, who interrogated the critical role of law in institutional capacity-building towards good governance, the time has come to re-dedicate “ourselves to the tested approach of subjecting human conduct to the governance of rules” as originally advocated by Lon Fuller, his one-time teacher.

  • Bayelsa tackles sexual assault against women

    Bayelsa tackles sexual assault against women

    Defilement of girls and sexual assault against women in Bayelsa State will soon be a thing of the past. The state has constituted committee to tackle the problems.

    The Attorney-General and Commissioner for Justice, Mr Kemasuode Wodu said said sexual abuse and assault leave leaves lasting emotional scar on the victims.

    He said some victims even commit suicide, as was the case in Yenagoa recently.  “The government takes this issue very seriously,” he said.

    “The state government has consequently constituted a committee to deal with this issue. The committee which works under the office of the Attorney–General and Commissioner for Justice, is also involved in the prosecution of such cases through the office of the Government Special Prosecutor, A. S. Arthur.”

    Speaking on the new legal year, he said:  “The judges, magistrates and judiciary workers have done exceedingly well.  Succeeding Chief Judges have built on the very solid foundation laid by Justice David Koripamo Ngbuku of blessed memory, who was the pioneer Chief Judge of the state.  He was an apostle of an incorruptible judiciary.

    “Discipline was his watchword, he always sat at 9am.  He was known for swiftly moving against any worker in the judiciary, be it a judge or magistrate or any other staff, that was found wanting, especially with respect to issues of corruption and indiscipline.

    “The state  Chief Judge, Justice Kate Abiri, has kept the flag flying.  Not only is there discipline in the Judiciary, justice delivery in the state is commendable both in terms of quality and speed.”

    The state government, he said, is aware of the need to increase the number of judges in the state High Court to enhance justice delivery.

    Wodu praised the governor and the President of National Industrial Court (NIC) on their efforts in establishing a branch of the court in the state.

    Wodu said: “Upon my assumption of office, the governor graciously supported our quest for the establishment of a Division of the National Industrial Court in Yenagoa.  This became necessary as all labour and industrial relations matters now go to the National Industrial Court and the nearest functional Division of the Court to us is in Calabar, Cross River State.  This means that  for labour or industrial relations matters, we must go to Calabar to seek justice.

    “It is gratifying to report that following efforts of  the governor, the President of the National Industrial Court has approved the establishment of a Division of the Court in Yenagoa.  The state government has, in conjunction with the state Judiciary, provided the necessary facilities for the take off of the court such as furnished Court Hall and accommodation for the judge and other staff.”

    Wodu also called for the establishment of a Division of the Court of the Court of Appeal in the state.

    He said: “The state is blessed with a beautiful riverine  and coastal environment.  We, therefore, have very many communities located far away in the creeks. Though the  government has commenced concerted efforts towards constructing motorable roads to most of those communities, due to the nature of the terrain and the enormity of the funds required, this may take quite some time to achieve.

    “Thus, to be able to access Yenagoa from some of those communities, one would travel for about two to three hours by boat to Delta State before proceeding to Yenagoa by road for about four hours.

    “For these people to proceed again to Court of Appeal, Port Harcourt for the determination of their Appeals is too burdensome to bear.  Oftentimes, because of such constraints, people abandon their appeals.  The end result is that such persons would have been denied access to justice for no fault of theirs.

    “This situation is unfair and not in tandem with the provisions of Section 6(6) of the Constitution, which guarantee access to the court for the determination of one’s civil rights and obligations.

    “There is  the need to establish a Division of the Court of Appeal in Yenagoa, Bayelsa State in order to address this pitiable plight of the people of the state.”

    The Governor, he said, is willing  to partner with the Court of Appeal in the provision of facilities for the take off of the court.  “We must also commend the Chief Judge  for playing a lead role in this issue and for also being ready to support the establishment of a Division of the Court of Appeal in the state also in the area of the provision of initial take off facilities,” he said.

  • NDIC appeals bank’s sale of ‘Fortune Towers’

    The Nigeria Deposit Insurance Corporation (NDIC) has urged the Court of Appeal in Lagos to nullify the sale of “Fortune Towers” by Union Bank Plc.

    It said the building on 27/29 Adeyemo Alakija Street in Victoria Island forms part of the assets of defunct Fortune International Bank Plc.

    NDIC, which is Fortune Bank’s liquidator, appealed against a ruling by the Federal High Court in Lagos which dismissed its suit which sought to invalidate the sale.

    It had urged the lower court to nullify the sale because it was done while winding up proceeding was pending.

    The appellant said Union Bank sold the building to Cowrie Business Solutions Ltd on July 27, 2007.

    However, Justice Okechukwu Okeke (now retired) dismissed NDIC’s suit, holding that it was an abuse of court process.

    The judge said the suit “is a clever attempt to circumvent the import of the decisions of courts of co-ordinate jurisdiction.”

    According to the judge, the plaintiff’s suit sought the same reliefs as contained in two other related cases.

    Dissatisfied, NDIC, represented by Chief Emeka Ngige (SAN) appealed on three grounds.

    Ngige said the reliefs sought in the suit before Justice Okeke were not the same as those in two other cases.

    Besides, the appellant’s counsel said it is not the law that once a party files another suit before another court on the same subject matter, it amounts to an abuse of court process.

    “An act can give rise to different suits. A subject matter may activate different rights of action.

    “Different suits can originate from the same subject matter, but with different right, reliefs and parties,” NDIC said.

    Ngige argued that there is abuse of court process when there is a multiplicity of suits between the same opponents on the same subject-matter and on the same issues.

    In the suit numbered, FHC/L/CS/1321/2005, the parties were Fortune International Bank vs Union Bank; the second suit, with no. ID/1098/2007, had Fortune International Bank vs UBN Property Company Limited, Union Bank and Cowrie Business; while in the suit before Justice Okeke, the parties were NDIC vs Union Bank and Cowrie Business.

    Besides, the appellant said the judge erred in law in failing to consider documentary evidence before him.

    NDIC is urging the appeal court to set aside Justice Okeke’s order dismissing its suit; an order restoring the appellant’s suit to the cause list, and an order directing that the suit be heard on merit by another judge.

    However, Union Bank is urging the appeal court to dismiss NDIC’s appeal.

    It said NDIC’s appeal is in bad faith “as the intended outcome is to undermine existing orders of competent courts.”

    Cowrie Business is also urging the appeal court to dismiss the appeal because NDIC failed to disclose valid ground for setting Justice Okeke’s ruling aside.

    Justice Amina Augie reserved ruling, saying parties would be informed when a date is fixed.

     

     

     

     

  • Ekiti: Our judiciary is endangered, says group

    Ahuman rights group, the Access to Justice (AJ) has said the recent closure of courts in Ekiti State amounted to one arm of government (executive) shutting down another (judiciary) and showed that the judiciary is under threat.

    It said the situation may have been seen as “fair politics to a lawless government”, but it was “crude politics” capable of wrecking incalculable damage to democracy.

    “By doing this in Ekiti, the Goodluck Jonathan administration has gradually ingratiated a virulent and pestilent form of executive lawlessness into our political and governance culture, the effect of which will endure for a long time to come,” the group’s statement signed by  Chinelo Chinweze, said.

    It continued: “The forced closure of courts by security forces under the control of the President is a blatant, troubling trampling on the judicial branch of government. Closing courts under any circumstances has huge and severe consequences for governance, and the rights and obligations of a lot of other people.

    “What has happened is that a branch of government effectively shut down the operations of another branch of government. One arm of government is now deciding when, and under what conditions another branch of government can operate.

    “This is an existential threat to the judicial function and is clearly a tyrannical use (or abuse) of state power. In capriciously blocking physical access to courts with force, the Jonathan government has corruptly conscripted state power for illicit ends and has done incalculable damage to the rule of law.

    “Blocking access to courts of law will gradually become an attractive option to governments who fear adverse decisions from courts, and the replication of this practice will practically render courts redundant and powerless to effectively adjudicate disputes or exercise judicial functions.”

  • ‘Why rights abuse by police has reduced in Lagos’

    ‘Why rights abuse by police has reduced in Lagos’

    The Crime Victims Foundation Nigeria (CRIVIFON) has btrained 218 officers within the rank of Constable and Chief Supretendent on human rights, reports ADEBISI ONANUGA. 

    The Police, in the eyes of many, are human rights violators rather than protectors. But in a bid to change that perception, officers are undergoing courses on human rights, courtesy of a non-governmental organisation (NGO),  the Crime Victims Foundation Nigeria (CRIVIFON).

    Last week, 218 officers from the rank of Constables to Chief Supretendent of Police graduated from the court.

    They bring to 14,000 the number of officers so far trained within the last eight years.

    The Assistant Inspector-General of Police, Zone 2 Command, Onikan was represented at the ceremony by CSP Banji Lawal.

    The Executive Director, CRIVIFON, Gloria Egbuji said the police officers were trained on Chapter 4 of the 1999 Constitution, Code of Conduct for Law Enforcement Officials, Interpersonal Skills and Humanitarian Laws, Police Powers, among others.

    Egbuji said those trained were drawn from the various commands including Railways, Airport and Zone 2.

    “Our vision for the programme had been to develop and implement positive result oriented capacity building and human rights culture in Nigerian Police and to use that programme to eradicate the human rights abuses and corrupt practices among police officers and the public.”

    She added that through the  programme, “the abuse of  rights has dropped to minimal level in Lagos State. Lagos Police formations now have much higher standard in human rights observance than other states due to the benefits of the training and awareness created by the programme.”.

    According to Egbuji, virtually all the divisions in the state is now manned by trained human rights desk officers whoensure a better climate for crime control and people-friendly policing.

    She advised the public to take advantage of the programme and report all cases of human rights abuses.

    Egbuji disclosed that the police authority is  working  on making the human rights course compulsory at Police Colleges and other training institutions.

    The Senior Public Information Officer, United Nations Information Center (UNIC), Envera Selimovic urged the police to always respect the rights of the people in the course of discharging their duties.

    She said the police has a duty to protect the rights of the Nigerians and not to abuse it, adding that the United Nations (UN) has set aside a day to mark human rights day across the globe and  would expect the police to be part of it.

    The Commissioner of Police, Kayode Aderanti said that the command has established functional human rights desks in all formations manned by trained officers.

    He said  this has led to reduced cases of alleged human rights abuses and helped to improve police’ image.

    The command, he said, is determined to eradicate all forms of rights abuses, adding that despite challenges, the force has continued to fashion out proactive measures to deliver on its constitutional mandate of safeguarding lives and property.

    Aderanti added that the training received by the officers over the years has resulted in the command’s improved human rights record.

    The national coordinator, Network on Police Reform in Nigeria (NOPRIN), Okechukwu Nwanguama, in a keynote address observed that the duties of the Police are a direct consequence of the powers conferred on it by laws which regulate its performance of duties  relating to arrest, detention and the use of force among others.

    Nwanguama, represented by Prince Apata Akinsemoy, said any exercise of power by the police which does not strictly conform to the prescriptions of the laws can have unpleasant consequences.

    Such laws, he said, include the Constitution, the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, among others.

    The governor of the 20th batch of trainees, CSP Oluwole Paul, on behalf of his colleagues, pledged that they would propagate the ethics of human rights in all they do at their various duty posts.

    “Anything contrary to this will be tantamount to stirring up a hornet’s nest especially now that the public is getting more and more enlightened about their fundamental rights”.

    According to Oluwole, the consequences of several human rights abuses unconsciously committed against the public has made the police look like an anti-people organization.

     

     

     

  • Ex-NBA chief Wali’s abduction spurs search for answers

    Ex-NBA chief Wali’s abduction spurs search for answers

    The kidnap of the immediate past Nigerian Bar Association (NBA) President, Mr. Okey Wali (SAN), has, again, drawn the nation’s attention to a major failure of government in its responsibility of protecting the citizenry. It is now a case of ‘who’s next?’ What is the way out? Eric Ikhilae sought lawyers’ views.

    Kidnapping for ransom used to be a distant occurrence in the past until the Niger Delta militants deployed it as an instrument of struggle.

    Today, individuals are routinely kidnapped and their families compelled to part with huge sums of money before they are released. In some cases, the victims are not returned alive, even where ransoms are paid.

    Incidentally, lawyers, who defend suspected kidnappers and abductors in court, are themselves not immune to this criminal act, fuelled primarily by the prevailing culture of heightening impunity and criminality in the land.

    The recent abduction of the immediate past President of the Nigerian Bar Association (NBA), Mr. Okey Wali (SAN), in Port Harcourt, Rivers State, has brought to five the number of prominent lawyers so far kidnapped.

    The past cases involved Mrs. Doyin Rhodes-Vivour (wife of Justice Bode Rhodes-Vivour of the Supreme Court) and her daughter (who were kidnapped on the Benin-Ore Road); rights activist Mike Ozekhome (SAN), kidnapped on the Benin-Auchi Road, in Edo State  and Kayode Ajulo (who was abducted in Abuja). There was also the case of Ilochi Okafor (SAN).

    Unfortunately, the police and other security agencies appear helpless in the face of this major challenge to citizens’ liberty and national security, despite that   some states and the Federal Government have made kidnapping a capital offence, particularly where life is lost. Imo, Abia, Anambra, Enugu, Edo, Ebonyi and Rivers states have enacted laws prescribing the death penalty for kidnapping.

     

    How deterrent is the law?

    On October 18, 2013, Governor Adams Oshiomhole of Edo State signed a law that amended the previous Kidnapping Provision Law 2009. Among its many provisions, the law states that: “Any premises where victims of kidnapping were held would be demolished.”

    The new enactments are in addition to existing provisions in the Terrorism Prevention Act, the Criminal Code   and Penal Code.

    Section 364 of the Criminal Code provides that: Any person who unlawfully imprisons any person, and takes him out of Nigeria, without his consent; or unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from disclosing to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned; is guilty of a felony, and is liable to imprisonment for ten years.

    Section 271 of the Penal Code provides that:  Whoever takes or entices any person, under 14 years of age (if a male) or under 16 years of age (if a female), or any person of unsound mind out of the keeping of the lawful guardian of such person without the consent of such guardian or conveys any such person beyond the limits of Northern Nigeria without the consent of someone legally authorised to consent to such removal, is said to kidnap such person.”

    It equally provides in Section 273 that:  Whoever kidnaps or abducts any person shall be punished with imprisonment for a term which extend to ten years and shall also be liable to fine.”

    The law also provides in Section 274 that: Whoever kidnaps or abducts any person in order that such person may be killed or may be so disposed of as to be put in danger of being killed, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.”

     

    Why kidnapping is on the rise

    Despite the legislations and measures purportedly put in place by relevant security agencies, the rate of kidnapping appears to be on the increase in the country, with kidnappers going about their trade with ease.

    In most cases of kidnaping, the culprits are hardly apprehended, prosecuted and convicted in accordance with the law. The only known pending trial of individuals linked with major kidnap cases is that involving Kelvin Onorah Eziegbe, Frank Auekor and Michael Omonigho. They are accused of masterminding the kidnap of Ozekhome and some other prominent Nigerians, and are being tried on a 14-count charge before Justice Adeniyi Ademola of the Federal High Court, Abuja.

    The preponderance of opinions is to the effect that the blame is attributable to three major sources. First, is the overwhelming failure of government at all levels to preserve core societal values of integrity and respect for law and order, and preserve the people’s goals and interests. Second, is the creation and sustenance of a faulty unitary security architecture in a federal democracy, and third, a faulty criminal justice system with emphasis on punishment as a sole deterrent measure.

    Observers argued that where the majority of the citizenry is denied access to the basic needs of life; law enforcement mechanisms are weak, compromised and easily amenable to manipulation by the wealthy few, and the criminal justice system emphasises punishment as against rehabilitation and reformation with the aim of socialising the citizenry away from criminality, impunity and criminality become a common feature of daily existence.

    They argued that the body language and conduct of incumbent administrations at all strata of governance in the country have equally served not as deterrence, but help to nurture the culture of impunity and criminality.

    Critics contend that the prevailing massive youth unemployment, the growing disregard for societal values and disdain  for the supremacy of the  law have not only helped to promote the increasing resort to self-help, they have greatly aided  the nation’s progressive regression to the Hobbesian state of nature.

    They noted that in the country, today, might is right, arbitrariness and misnomer are becoming the norm, with scant regard for law and order, and  the supreme doctrine of the rule of law. The fulcrum of every democracy has effectively been shoved to the back seat of societal relevance.

    To reverse this, they suggested that the government must first evolve socio-economic policies targeted at halting the progressive decrease in state capacity to guarantee the people’s socio-economic rights and generally improve their well-being.

    Such policies, they argued, should be fuelled solely by the need to promote general prosperity and employment, and the creation of an enabling social economic environment to serve as a catalyst for the generation of wealth for all citizens in the private sector.

    Observers also suggested a holistic review of the nation’s security architecture to de-emphasise the centralised control and management inherited from the military. They argued that since most crimes, kidnapping inclusive, are localised problems, there is the need for a localised response by state and local governments, which could only be complemented by federal interventions where necessary.

    There is also the argument that the resort by most states to the ancient Hebrew law of kidnapping as provided in Exodus chapter 21 verse 16 that: “Anyone who kidnaps another and either sells him or still has him when he is caught must be put to death,” is a cruel and unusual punishment for a crime that is a reflection of the society, where the elite and those in government do not reward hard work, but pay lip service to corruption, abuse of office and other acts of impunity.

    They contended that rather than emphasise harsh punishment, the state and managers of its criminal justice system should devise ways to mitigate the people’s propensity for crimes and ethical violations.

     

    Lawyers’ views

    Lawyers, who spoke were equally of the view that the problem did not stem from the paucity or inadequacy of extant laws, but the inherent challenges in the society, which include the failure of security measures.

    The NBA President, Augustine Alegeh (SAN), while reacting to his predecessor’s kidnap, reminded the Federal Government that it has failed to effectively discharge its major role of adequately safeguarding the people’s lives and property.

    He urged the government “to step up efforts to fulfil its primary constitutional role of providing for the welfare and security of all Nigerians.”

    Joseph Nwobike (SAN) observed that the failure of the government to adequately protect the people and secure their rights to personal liberty is “a sad one and despicable. It is bad for this country and ominous for democracy. It is even challenging to the legal profession.”

    Rights activist Femi Falana (SAN), who also put the blame on the failure of the government to secure the people, urged the NBA to sue with a view to compelling the Federal Government to refund any ransom paid for the release of any abducted persons.

    “More importantly, the NBA should embark on urgent measures designed to compel the Federal Government to actualise Section 14 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria, which stipulates that the security and welfare of the people shall be the primary purpose of government.”

    Dr Abdullahi Utman observed that kidnapping and other vices result from the failure of the Nigerian state to provide for the people as is the case in every sane society.

    “The Nigerian State lost the moral authority to socialise the people away from criminality and deviant behaviour through law enforcement.

    “The only means by which the citizenry can be socialised away from criminality to having greater stake in conformity is for the state to give effect to those rights as contained in our core values and which relate to the citizenry.

    “Those core values, which include the promotion of prosperity and employment, protection of socio-economic rights, the rule of law, good governance, human liberty and democracy, must form the core of our national security policy,” Utman said.

    Fredrick Chukwuma argued that the prevalence of kidnapping in the country should not be treated within the context of the abduction of some prominent lawyers alone.

    “We should see it as a societal vice, which is fuelled by the failure of the leadership to effectively police the society and provide the people with the basic needs of life. I do not think the laws are inadequate. In fact, we have too many laws on this crime. The problem is, as most of your respondents have said, a reflection of the failure of law and order in the larger society.

    “We just need a few reasonable leaders, who are able to lead by example and uphold the core societal values of integrity, respect for law and order and the supremacy of the law. With that, majority of the nation’s problem would have been solved,” Chukwuma said.

    The NBA Ikeja Branch urged security agencies to do all within their power to secure Wali’s release.

    Its chairman, Yinka Farounbi said they were  highly disturbed and worried by the sad news of the kidnap Wali.

    “This is one kidnap  too many and we call on all peace-loving Nigerians to rise and condemn it in very strong terms,” it said, adding: “Wali is a peaceful gentleman to the core.

    “We therefore call on his captors to please immediately release him unconditionally and unharmed,” he said.

    Farounbi urged all the security agencies, particularly in Rivers State and its environs, to step up their security systems with the view of getting the former NBA President released without any further delay.

    He said this latest kidnap has cast another doubt on the constitutional provision of the fundamental duty and responsibility of the government to protect the lives and property of it citizens.

    “We cannot afford the luxury of seeing our citizens kidnapped on a daily basis and the government will pretend that all is well.

    “We do not want to believe that the government has surrendered to the kidnappers and other criminals. There is no doubt that our nation is facing enormous security challenges and our police in particular seem to be overwhelmed.

    “We, therefore, join other patriotic Nigerians in calling for the creation of state police now. Recent security lapses all over the country makes the need for state police to be urgent and desirable more than ever before,” it stated

    Formerlegal adviser of the NBA Mr. Victor Nwaugo said: “This is the time for his friends and well wishers to  rally round to make sure that he is released unharmed; his kidnappers arrested,  arraigned and prosecuted. After all, he has contributed his quota to national development.”

    Former Financial Secretary of the NBA Mr. Marc Enamhe said: “ It is highly condemnable for any Nigerian to be kidnapped in his state, a man’s home is his safe haven, where he knows how to move and how not to move. For this to happen to our former President in Port Harcourt shows that people have not learnt from experience. Since the kidnappers have not established contact with the Wali family, we cannot actually identify their purpose now. We only pray that they release him in good health and sound mind.”

    Abuja-based lawyer and chairman of the Abuja chapter of Labour Party Mr. Felix Ashimole said: “ I join NBA President Augustine Alegeh (SAN) to condemn the kidnap of our former President, Okey Wali (SAN). Let us continue to pray for his safe release.”

     

    Who will be next?

    Society activist and constitutional lawyer Chief Mike Ozekhome (SAN) said: “ It is most shocking and heart rending to hear that Okey Wali, the immediate past President of the Nigerian Bar Association (NBA), has been kidnapped by unknown hoodlums. This is certainly the last proverbial straw that has broken the carmel’s back. To kidnap Okey Wali has introduced a new dimension, a novelty to this dastardly merchantilistic trade in people’s blood, lives,  destiny and liberty, by societal misfits. News have it that it was done about 200 metres from his residential gate at about 9:00pm on Saturday. That means the kidnappers must have laid ambush for him. Where were the security agents, such as policemen and members of the Civil Defence Corps, who ought to patrol streets?”

    “The Nigerian nation is clearly under great, multi-dimensional siege – siege from ritualists, siege from Boko Haram, siege from political buccaneers, siege from legislative rascality, siege from executive lawlessness, siege from judicial tyranny, siege from leadership inertia, siege from civil society compromise, siege from all of us, who see nothing, say nothing and do nothing! Okey Wali’s kidnap is totally condemnable in the strongest words possible, for the simple reason that he is a peace-loving, very humble and God-fearing Nigerian, who led the NBA, the biggest civil society umbrella organisation in Nigeria, for two good years, without any blemish, charge of corruption, or embezzlement of public funds against him. To Kidnap Okey tantamounts, therefore, to kidnapping the entire collective quintessence and conscience of all Nigerian lawyers, and. therefore, of the totality of the civil society.

    “As one who went through a most horrific and spine-chilling experience in kidnappers’ dungeon for three harrowing weeks of near death, I can feel it, see it, smell it, taste it and empathise with it. The irony is that it was Okey as NBA President, who broke the news of my August 23, 2013 kidnap to the NBA AGM in Calabar, with the entire body of lawyers led by him, calling for my immediate and unconditional release.

    “Last year, it was me. Today, it is Okey’s turn. Who will be next? No one knows. No one can conjecture. The Federal Government, Rivers State and neighbouring state governments, the IGP, DG, SSS and the entire security aparatus in this country should immediately rise up and deliver OkeyWali, safe, hale and hearty, to his family and Nigeria. There must be no excuses, no foot dragging and no dilly-dallying.

    “I appeal to Okey’s kidnappers to, please, release, unhurt and unharmed, this great patriot, this unassuming Nigerian, who means well for all, including the poor peasants of this country. He has contributed immensely to the development of law, human rights and to the Nigerian nation. Let not your insatiable thirst for money and earthly things push you to hurt him. I beg you all, in the name of Almighty God.

    Former Chairman, NBA Section on Public Interest and Development Law (SPIDEL), Chief Joe-Kyari Gadzama (SAN), said: “We condemn in very strong terms the abduction of Okey Wali (SAN), the 26th president of the NBA. Mr Okey Wali stood firmly for the enthronement of the rule of law, democracy, equity, justice and  fair play in our body polity. He never failed to speak out whenever the rights of the common man were in jeopardy.

    “We urge  his abductors to release him unconditionally to reunite with his family and community. Time has come when the government and all other stakeholders must do more to secure the lives & liberty of citizens of this country; otherwise, a time will come when nobody will walk on the streets of this  nation. May such a day never come.”

     

  • Lawyer seeks more females in tennis tournament

    Lawyer seeks more females in tennis tournament

    Co-ordinator of the Lawyers Annual Tennis Championship, Mrs Mfon Usoro, has called on  female lawyers to show interest  in the championship as she promises to make the tournament bigger next year.

    She spoke at the finals of this years’ championship which held at the National Stadium, Surulere, Lagos.

    Mr. Tunji Abdulhammed and Titilayo Osagie won this year’s Lawyers’ Table Tennis open, known as the Mfom Usoro Cup in both male and female categories.

    Abdulhammed defeated Segun Fabunmi in the two straight sets with 11-1, 11-5 to defend his title in the men’s categories.

    Abdulhammed survived the early scare in the round of 16 when he lost the first set 11-13 to Taiwo Ojediran before he finally won on 11-5, 11-5 to book a quarter final pairing with Shakeer Oshodi.

    The defending champion piped Oshodi 13-11, 5-11, 11-4 to book a semi final ticket. It was a close to call semi-final clash, but Abdulhammed finally had the upper hands and won on 11-9, 8-11, 11-8 to reach the final.

    Titilayo Osagie proved to be undisputable in the women’s category as she easily thrashed her perennial rival, Sisan Eziekpe, who is nursing baby, 11-2, and 11-8, to claim the title for the fourth times in a row.

    Osagie, who drawn bye in the quarter finals, defeated Adeola Folarin in two straight sets 11-2, 11-4 in the semi final.

    At the end of the event, the sum of N100, 000 and return tickets to Austria were given to the winners in male and female categories.

    The second place winners received N75, 000 while the third place winners collected N50, 000 in male and female categories respectively.

    The remaining participants were rewarded with consolation prices of Butterfly Table Tennis Rackets and novels.

    The four participants from Ibadan were given the sum of N50, 000 for their transport.

    16 male lawyers and seven female participated in this year’s tournament.

    Speaking at the event, the sponsor, Mrs  Usoro expressed delight at this year’s tournament.

    She said our wish to reduce the spate of death among lawyers due to their busy scheduled informed her passion to sponsor the competition.

    Mrs: Usoro promised to make the tournament bigger every year while calling female lawyers to show interest in the competition.

    She said: “When I looked at the rate at which our colleagues fall sick and died to heart attack which was as a result of their busy schedule and I thought of doing something in my on capacity to reduce the incident. So some young lawyers approached me six years ago to sponsor the table tennis competition and I agreed to do so.

    “Six years on, we thank God that the tournament keep improving year after years. The tournament started with only lawyers from Lagos, precisely, NBA Ikeja branch but today we are not talking of Lagos lawyers alone but we are having participants from Ibadan.

    “I want to stress that the tournament has achieved it purpose and our aim is to make it bigger every year. My wish is to see more female lawyers participating in the tournament next year. We always have in our future plan to move the tournament from Lagos state to other states of the federation.” In his remark, the chairman NBA Lagos State, Alex Mouka commended the sponsor of the event for keeping the tournament going for uninterrupted six years. “I want to commend the sponsor, Mrs Mfon Usoro for ensuring that we have the competition for lawyers for six years. We have one sponsor this year, which Premium Pension, I call on the other companies to come and identify with the event. So far so good, the purpose of the event has been achieved,” Mouka said.

    The male champion, Abdulhammed said: “I thank God for winning the title again. I want to win it again next year.”