The Nation Newspaper

Category: Law

  • Food, key to national security

    Food, key to national security

    One of the greatest challenges to our country’s general wellbeing,as shown by the recent ill-fated Nigerian Immigration Service’s employment fiasco, is youth unemployment. Many have appropriately described it as a time bomb. Clearly, the greatest tragic consequence of unemployment is hunger. And as the cliché goes, a hungry man is an angry man. In local parlance, we say, man must wak. So, unless something is urgently done about unemployment, especially at the youth level, our country is staring at its own Armageddon. Discussing this national emergency with a friend, who has invested in chicken farming, he lectured me on the immense potentials and challenges of that sector.

    According to him, if only the Ministry for Agriculture, the Bank of Industry, the Bank of Agriculture and other key interest groups could put their thinking cap, that sector is enough to dwarf the touted 1.5 million employments that the present federal government claims to have generated. My friend gave a clinical comparison of the chicken value chain in a country like Brazil and compared it with his practical experience in Nigeria. From his analysis, while there is standardization in the production chain of chicken in developed countries, the reverse is the case in Nigeria. He gave a practical example, that while the drum-stick eaten in restaurants across cities of Europe and America are substantially similar, you find different sizes, and of course lower quality, in the ones eaten in Nigeria. He said that the landing cost of an imported chicken parts, is about half of the cost of the locally produced, despite the added cost of transport. He ticked off the extra costs that make local production uncompetitive, and proffered solutions to those challenges.

    No doubt, I was impressed with his analysis of the challenges and potentials of an improved chicken value chain, and I told him so. In fact, I told my friend that he has a patriotic responsibility to our country seething in angst of youth unemployment and the nihilistic insurgency, to share his ideas with the Honourable Minister of Agriculture, Dr. Akinwumi Adesina, and possibly other key drivers of the agricultural sector. Well, that is if the Honourable Minister is not already satiated with his well advertised, but truly impressive award as Forbes African Person of the Year? But why should he, considering that President Jonathan’s administration is faced with perhaps the greatest security challenge in the history of our country, since our last unfortunate civil war.

    As a matter of fact, there is little doubt that the greatest inducement to the armed challenge that our country is facing in the North Eastern states and increasingly now in the Middle Belt states is poverty. The poverty index in the affected states is abysmally higher than the equally high poverty index in other parts of the country. This critical state of affairs is daily made worse by the exponential youth unemployment, from where the armed bearing militants are easily recruited.  And according to the Honourable Minister who has shown impressive excitement in the discharge of his duties, despite criticism from the press, agriculture is the key to the unemployment challenges facing our country, and I add, the Boko Haram insurgency in the North East and the menace of the Fulani herdsmen in the North Central.

    The United Nations, World Bank and other multinational development agencies have confirmed inexorably the connection between poverty and insurgency. In a recent interview with this paper, the Bornu state Governor, Kashima Shetima was sport on this connection, when he said: “there is a lot of correlation between the poverty that has engulfed the North Eastern region of Nigeria and the Boko Haram insurgency. Because the World Bank described the Northeast portion of Nigeria, the Republic of Chad, the Republic of Niger, and the Darfur region of Sudan as one of the poorest places on Earth. Hence the emergence of militant organisations like the Janjaweed militia and the Boko Haram in the Northeast. And I believe once we engage the youth, once we create jobs, this madness, this nihilism will evaporate”.

    Those who try to play down this connection are merely playing the ostrich. And unless we act very urgently, the entire country may soon be engulfed in an insurrection by the youths, whose patrimony has been criminally wasted by decades of irresponsible leadership. Of course, the quickest and the only realistic way to go, is agriculture. Otherwise we will continue to suffer our country’s peculiar contradictions of national economic growth, without corresponding impact on the populace. Indeed, according to Goldman Sachs, Nigeria ranks amongst the next 11 emerging markets group, even when it also acknowledges that about 100 million of its population is living on less that $1.25 a day. Also, according to the National Bureau of Statistics, 60.9 percent of Nigerians in 2010 were living in absolute poverty, up from 54.7 percent in 2004. This staggering increase in the poor, regrettably amidst ‘plenty’, may explain the unlimited supply of canon fodders to the Boko Haram madness.

    Speaking to a Financial Times Publications Limited publication, Dr. Adesina put his enthusiasm in historic perspective thus: “We were not looking at Agriculture through the right lens. We were looking at Agriculture as a development activity, like a social sector, in which you manage poor people in rural areas. But Agriculture is not a social sector. Agriculture is business. Seed is business, fertilizer is business, storage, value added, logistics and transport – it is all about business.” He added that “Agriculture is the future of Nigeria”. After listening to my friend, speak on the potentials of the chicken business and how and why the stakeholders must come together to improve the value chain, I have become an enthusiast.

     

    •This article was first published on March 26, 2013.

     

  • Court dismisses plea of non-contractual relationship with supplier

    Court dismisses plea of non-contractual relationship with supplier

    The appeal in this case, arose from the  judgment of Hon. Justice F.I. Oyelaran of the Oyo State High Court delivered at Ibadan on December 6, 2012. The Appellant – New Age Beverage Company Ltd, in the course of its business, engaged one Mrs. Abiola Odeyemi to procure sugar for its use in its manufacturing business. The said Mrs. Abiola Odeyemi went to the Respondent – Mrs Abiola Aramide, procured some quantity of sugar and paid for the supply. Subsequently, the Respondent insisted on direct payment of supplies made to the Appellant by the issuance of cheques directly to the Respondent in her name and in consequence, further supplies procured from the Respondent by the same Mrs Abiola Odeyemi were paid for by cheques issued in favour of the Respondent and no longer Mrs. Abiola Odeyemi after Mrs. Abiola Odeyemi had introduced the Respondent to the Appellant. Between December 2009 and January 2010 the Appellant requested for and was supplied with 700 bags of sugar by the Respondent amounting to N5,740,000.00 (Five Million, Seven Hundred and Forty Thousand Naira only). Of the amount, the Appellant issued three cheques in payments totally N3,900,000.00 (Three Million Nine Hundred Thousand Naira only) to the Respondent leaving an outstanding sum of N1,840,000.00 (One Million Eight Hundred and Forty Thousand Naira). When the outstanding balance was not paid as expected, the Respondent through her solicitors wrote the Appellant demanding payment for the sum outstanding. The Appellant did not respond to the letter which prompted the Respondent to sue the Appellant at the Oyo State High Court at Ibadan. In the High Court, the Appellant contended that although it had issued some cheques in favour of the Respondent, it (Appellant) has no contractual relationship or privity with the Respondent and that it had paid the aforesaid Mrs. Abiola Odeyemi the outstanding balance. The High Court Judge gave judgment in favour of the Respondent adjudging the Appellant liable to pay the sum of N1,840,000.00 as claimed. Aggrieved with the judgment the Appellant appealed to the Court of Appeal. The Appellant formulated five issues for the determination of the appeal and the Respondent also formulated three issues. In determining the appeal the Court noted that all the issues, whether raised by the Appellant or by the Respondent could be narrowed into two or three at the most viz.

    1. What was the jural relationship between the appellant and the respondent? How was the relationship created? By the parties or by operation of law?

    2. On whom was the Primary Onus of proof in this case, was the onus discharged?

    3. Did the respondent as plaintiff prove her case at the court below?

    On the first issue, the Appellant’s counsel contended in his brief that there was no contractual relationship between the Appellant and the Respondent as will enable the Respondent maintain an action in debt against the Appellant. The Appellant contended that from the evidence, the only contract that existed (if any) was between the Respondent and Mrs. Abiola Odeyemi and not the Appellant. On this issue, the Court stated that Mrs. Abiola Odeyemi started out as an agent of the Appellant in the procuration and payment of the consignments of sugar from the Respondent. Later when the Respondent objected to continue dealing with Mrs. Abiola Odeyemi as a kind of go-between, Mrs Abiola Odeyemi then introduced the Respondent to the Appellant as the Principal for whom she was acting and thereupon dropped out of the transaction. What then are the jural relations involved in this rather uncomplicated transaction? The Court stated the common law principles of agency as encapsulated in the maxim “Qui Facit per alium, facit per se”. “He who acts by another acts by himself because the common law allows one man to authorize another to contract for and to bind him by an authorized contact. The Court held that relationship of principal and agent arises where one party, the principal consents that the other party, the agent shall act on his behalf and the agent consents so to act. The relationship need not be contractual, need not be expressed and could be implied – see

    Chitty on contract vol 2 (24 ed) p2002

    The Court held that the agent Mrs. Abiola Odeyemi having disclosed the principal dropped out of the transaction and her principal i.e. Appellant became directly responsible to the Respondent in respect of goods directly ordered by it and supplied by Respondent. The Court held that this is a basic rule of agency (i.e. disclosed Principal) and it applies with full force in the transaction in this case. The Court further held that there is thus established a direct contractual privity between the Appellant and the Respondent entitling the Respondent to sue the Appellant in respect of such contract.

    The Court further stated that the rationalization of the transaction and a basis for the decision of the learned trial judge would be on the principle derived in equity – estoppel which broad term is now statutorized in Section 169 of the Evidence Act thus:-

    “When one person has either by virtue of an existing court judgment, deed or agreement, or by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representatives in interest shall be allowed, in any proceeding between himself and such person or such person’s representative in interest, to deny the truth of that thing’’

    The Court held that on this issue, the learned trial judge had every justification in arriving at the conclusion she reached that there was privity of contract between the Appellant and the Respondent. This issue was therefore resolved against the Appellant.

    On issue No.2, the Court stated there was evidence that the Appellant ordered for bags of sugar which were supplied. There was also evidence of cheque payments made directly to the Respondent. The Court held that these alone were sufficient to draw the conclusion of a binding commercial transaction between the Respondent and the Appellant and justify the finding in debt by the trial judge against the Appellant.

    On the 3rd issue raised whether the respondent proved her case in the lower court, the Court adopted the reasoning considered in relation to issue No.2 above and hasten to answer the question in the affirmative, that the Respondent by preponderance of evidence proved her case in the trial court and was entitled to the judgment as entered by the trial Judge.

    On the whole the Court held that the appeal lacks merit and was accordingly dismissed.

     

    •Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23266(CA)

     

  • NGOs endorse governorship aspirant

    NGOs endorse governorship aspirant

    The governorship ambition of a Peoples Democratic Party  (PDP) aspirant,  Dr. Michael Adegbola Dominic  got  a boost last week as two non-governmental organisations  (NGOs) declared their support for his candidature.  The two NGOs,  Action Against Impunity  and Corruption in Governance  (AACIG) and  Women  Development Initiative  for  Freedom  said the PDP in Lagos will do itself  a lot of good if it fields Dominic as its standard  flagbearer, adding that he stands out among other aspirants  who have shown interest in the ticket in all ramifications.

    President of AACIG,    Austin  Emmanuel, who  made their position known on the forthcoming  governorship election in Lagos,   said  he has followed Dominic’s track record as a politician and medical  practitioner for over a decade and has come to  the conclusion that he is a honest and unblemished  politician whose sole aim of vying for the highest office in  Lagos is to “establish justice and create an enabling  environment for the downtrodden masses to thrive in  Lagos.

    “We urge Lagos and non-Lagosians who want true change to  support his ambition for the realisation of the Lagos of our  dream. Most especially, we urge the PDP to consider him as  their candidate because he towers above all the other  aspirants in terms of experience, maturity and pedigree”, he stated.

    In her reaction, Director of Women Development  Initiative,  Angela  Dada- Johnson said her group decided to support Dominic’s ambition because they believe he will give equal representation to women if he eventually  becomes the governor of the state.

    “Dr. Dominic has done a lot for women through his  profession. Testimonies abound of how he has given succour  to  lots of women, especially widows  who visited  his Santa Maria hospital without a kobo and he attended to  their needs free of charge. Many of these people told us that  they are alive today because God used this man to save their  lives. This is the kind of man we want at the helm of affairs in Lagos so he can do much more” she said.

  • Agbakoba, Ngige, others condemn kidnap of Wali, urge FG to secure his release

    Agbakoba, Ngige, others condemn kidnap of Wali, urge FG to secure his release

    A Former  Nigerian Bar Association (NBA) President Mr. Olisa Agbakoba (SAN), Chief Emeka Ngige (SAN) and other senior lawyers have condemned the abduction of the association’s immediate past Okey Wali (SAN).

    He he kidnapped last Saturday in Port Harcourt.

    They urged the federal government to secure his release.

    Agbakoba said he was too shocked by the kidnap. “What! Too shocked for words,” he said.

    Ngige said: “The news of the kidnap of the immediate past President of Nigerian Bar Association (NBA), Mr Okey Wali, SAN by some gun men at his Port Harcourt residence last night is to say the least, the most shocking and disheartening news I have received in recent times. Okey is a peace loving and easy going gentleman who abhors violence in any shape or form.”

    According to Ngige, Wali did nothing to warrant his being kidnapped gunme,  noting that while serving as the 26th President of NBA, he stood for and fought for human liberties and cessation of all form of violence in our national life.

    “Indeed the NBA under his leadership organised a the first ever Security Summit where issues bordering on the state of insecurity in Nigeria was thoroughly considered.

    The report of that summit along with its recommendations was forwarded to the Presidency for its consideration. Sadly, nothing was ever heard from the Government in that regard.

    “The kidnap of Mr. Wali brings once more to the fore, the recurring issue of the state of insecurity in Nigeria and in Rivers State in particular. The Police in that State are now more interested in engaging in partisan political activities instead of protecting lives and property.

    “This is another kidnap too many! Yesterday it was Ilochi Okafor, SAN, Mike Ozekhome, SAN, Doyin Rhodes-Vivour and others. Today it is the turn of Okey Wali. Who knows whose turn it will be tomorrow? It is on this note that I join all other well wishers in calling on the abductors to release Okey from their custody forthwith and unconditionally. It is an irony that a person who has stood on the side of the downtrodden and oppressed in the country will be treated this way. But this is Nigeria, where life is now ‘nasty, short and brutish,’ a country that is now strictly speaking, a failed state! I call on the Security agencies to brace up on their responsibilities in ensuring that protection of lives and properties are maintained at the highest level nationwide”, he said.

    Former General Secretary NBA, Mr. Dele Adesina (SAN) said: “The news of the kidnap of the immediate past president of the NBA, Okey Wali SAN, yesterday night, came as a rude shock to me. One was under the mistaken belief that cases of kidnapping have become a thing of the past for which Nigerians were beginning to show signs of relief.

    “The prayerful hope for security seems to have been shattered once again. The kidnap of Okey Wali SAN is certainly a great pain not only to the members of his nuclear family, but also to the NBA family nationwide.

    “ I appeal in the name of God to the captures, wherever they may be, to please set the captive free. I also call on the government and the security agencies to secure the release of  Okey Wali (SAN)  unharmed. I would like to, with all sense of responsibility, call on our government at all levels to double efforts at ensuring the security of lives and properties of the people of this country, as this is their primary responsibility”, he prayed.

    Former General Secretary NBA, Mr. Lawal Rafiu Rabana (SAN) said: “  The kidnapping of our immediate past President  Okey Wali (SAN) is very unfortunate and a reflection of the total breakdown of our moral values.

    “The threat to freedom of movement and apparent ease with which the kidnappers operate calls for an urgent national security summit to specifically address this degrading menace. I join other well meaning Nigerians to call for his immediate release”.

  • Court orders landlord, tenant to explore out of court settlement

    Court orders landlord, tenant to explore out of court settlement

    Justice Owolabi Dabiri of Lagos State High Court, Ikeja has directed a landlord,Mr. Banji Adesanmi and the Lagos State to settle with a tenant, Yemi Omodele.

    Justice Dabiri gave the order while ruling in a suit filed by Omodele against his landlord and  five other defendants.

    The other defendants include Construction Management Skill Ltd, Peace Tiding Ventures Limited, Mr. Leke Oyetan, Attorney General of Lagos State and Commissioner of Finance Lagos State

    Omodele had appeared for himself in the suit as plaintiff while Miss. Hallima Ahmed and Olawale Ijabiken  appeared for the first to fourth defendants and for fifth and sixth defendants respectively.

    Omodele, in the suit NO. ID/974/2013 claiming jointly and severally against the defendants a sum of N100, 000,500.00 as damages for segregation  and sealing of a building belonging to his landlord, Adesanmi, located at 2, Akinremi Street, Anifowoshe, Ikeja allegedly by agents of the government.

    The plaintiff is claiming that part of the building which was sealed up on June 28, 2013 was not reopened until February 7, 2014, the day the suit filed in court since December 10, 2013 came up for hearing for the first time.

    According to the plaintiff, while the part he claimed to be occupying was sealed up, the  part of the building that  is occupied by the landlord and his two companies joined in the suit, was not sealed by the government.

    At the resumed hearing of the matter which was to hear two notices of preliminary objections filed by counsel to first to fourth defendants, the trial judge brought it to the notices of counsels that the issues raised in the suit are matters that  be settled out of court.

    She ordered parties in the suit to therefore seek solution to the dispute outside the court since the issue involved are landlord-tenant matter.

    “I have read the papers filed in this suit. The issues are what can be resolved. Counsels and the parties are to meet and resolve the dispute amicably. Case adjourned to November 21, 2014 for report of settlement or hearing of the two notices of preliminary objections filed”, the judge ordered.

  • For a better judiciary

    For a better judiciary

    Stakeholders in the justice sector usually gather every year to celebrate the new legal year. The occasion provides them with a platform to review activities in the previous year and develop an action plan for the new year, ADEBISI ONANUGA and JOSEPH  JIBUEZE report.

    After a long lull in judicial activities, the courts are back to life. The long vacation is over. As it is customary, the federal and state courts held religious services to begin the new legal year. Others added exciting activities such as football games involving judges and lawyers. Welcome to the 2014/2015 new legal year.

    In Lagos, activities began with special prayer sessions, which held simultaneously at the Cathedral Church of Christ, Marina and Lagos Central Mosque, Nnamdi Azikwe, Lagos.

    The Chief Judge of Lagos (CJ), Justice Oluwafunmilayo Atilade, who was sworn in on August 20, made her first official appearance at the legal service held in the church, leading other 50 High Court judges in their ceremonial read and white robes.

    Also at the Cathedral were the state’s 114 magistrates, members of the Judicial Service Commission (JSC), the court’s principal officers, their counterparts from the Ministry of Justice, Senior Advocates of Nigeria, among others.

    Governor Babatunde  Fashola (SAN), explained why it may be difficult for the judiciary to enjoy full financial autonomy,  saying  that the complete release of the annual budget  to the state judiciary is not visible.

    He, however, said there was never a time the state government  opposed the independence of the judiciary.

    Fashola, who spoke through the state Attorney General and Commissioner for Justice, Mr Ade Ipaye at the special prayer at Lagos Central Mosque to mark the legal year said, “the idea of judiciary autonomy is a welcome development to the system, but in reality, it is not achievable due to the fact that Internally Generated Revenues (IGR) are not paid to the government in advance.

    “Besides, complete implementation of court judgment on the matter will cause another legal firework because others will perceive it as preferential treatment and it will not augur well,” he said.

    Speaking on the proposed industrial strike by judicial workers,  the governor  urged all the trade unions to always be diplomatic in fighting their cause, stressing that whatever action they might take may have negative consequence on the masses and be bad for democracy.

    Stakeholders also gathered to extol the virtue of the former Chief Judge of the state,  Justice Ayotunde Philips at a valedictory service organised as part of the new legal year activities.

    Governor Fashola described Justice Phillips as a brilliant judge, who consistently demonstrated sterling qualities of dedication, discipline, integrity and sincerity. According to him, these qualities characterised Justice Philips’career both at the bar and on the bench.

    The governor, who was represented by Ipaye said Justice Phillips  displayed uncommon virtues and innate understanding of issues of law, adding that her era  was glorious in the annals of Lagos Judiciary.

    “Her judgment were lucid and authoritative. There is no gainsaying the fact that My Lord belonged to the class of judges, who knew the law and would not be persuaded by merely clever and technical arguments of counsel in deciding the merits of a case.

    Buttressing his comments,  the governor cited the case of Adeyemi vs Abayomi, where he noted that Justice Phillips  observed that it took  over seven years to reach the end of the matter in the High Court and for this delay she apologised saying, “the wheels of justice grind very slowly in this country of ours”. However, she did not throw up her hands helplessly in the face of these daunting challenges. Justice Phillips went on to proffer solutions.

    He recalled that the former CJ has a landmark record of freeing over 700 inmates awaiting trial from various prisons in the state during her two-year tenure.

    Justice Atilade promised to continue on her predecessor’s path. According to her, she would fulfil the promises she made at the new legal year service that she would continue with the various reforms initiated by Justice Philips.

    She said; “Today, we celebrate our own legal icon and quintessential jurist for her meritorious service to the Lagos State judiciary. She introduced various innovative ideas, which helped in reforming our justice delivery system and also imparted a lot of us positively.”

    The Nigerian Bar Association (NBA), Ikeja Branch Chairman, Yinka Farounbi said Justice Phillips distinguished herself as a hardworking, bold and honest jurist.

    “She is amiable, social, jovial and generally free and friendly with people, but that did not in anyway colour her sense of justice nor tainted the oath of office she took as a judicial officer.

    “Socrates, the classical Greek Philosopher listed four qualities of a Judge to be: hearing courteously; answering wisely; considering soberly and deciding impartially. I can say confidently, convincingly with all sense of responsibility and without any fear of contradiction whatsoever that my Lord, Hon. Justice A. A. Phillips possesses all these qualities and more. My Lord left giant footprints in the judiciary of Lagos State both as a Judge  and as a Chief Judge,” he noted.

    NBA Lagos Branch Chairman, Alex Muoka lauded the retired CJ, praising her for establishing a quarterly bar-bench forum, which helped to foster relationship between judges and lawyers in the state.

    Mrs Funke Adekoya (SAN), who represented Body of SANs  also praised her for various legal reforms.

     

    Clerics new legal year messages to judges

    The Chairman, Lagos State Pilgrims Board, Dr. Abdul Kabir Paramole, who delivered the Suratun-Nisai at the legal year service urged judges to have the fear of Allah when  discharging their duties.

    “Verily, Allah commands that you should render back the trusts to those whom they are due; and when you judge between men, you judge with justice,” he said, adding: “This is the only way that the common man can have hope in the judiciary.”

    The Diocese of Lagos West Bishop , Anglican Communion, Rev. Olusola Odedeji, admonished judges to always exercise their powers with utmost care in order not to incur God’s wrath.

    He said they are God’s representatives on earth and must be without reproach, adding that  they must seek divine wisdom as Solomon did when faced with a challenging case.

    “You are God’s representatives among his people. It does not matter whether the people are good or bad, God has given you a dedicated authority to guide them.

    “We all as leaders of God’s people need wisdom to act, just as King Solomon had a chance to demonstrate the wisdom of God in resolving the issue between two women in the Bible.

    “The request for wisdom is not a want, but a need and as leaders, we must realise that whatever we do or neglect to do, will affect the people.

    So, we must mind our action and inaction,” he said, adding: “You are representatives of God among his people. You are standing in the place of God.”  He urged them to always judge with the fear of God, saying: “A request for Godly wisdom is not a want, but a need. We’re men of influence, so we’re expected in the midst of people without hypocrisy.”

     

     

     

     

  • UN, others seek end to violence against female children

    The International Day of Girl-Child 2014 was marked last Saturday across the world, reports ADEBISI ONANUGA

    The future of the girl-child was the subject of discussion at a stakeholders’ meeting in Lagos to mark this year’s International Day of Girl-Child.

    The event which held at the Assemblies of God Church, Lagos District, Adenubi Close, off Toyin Street, Ikeja was organised by the United Nations Information Centre (UNIC), Lagos in collaboration with International Charitable Initiative for Girl-Child and Woman Development Foundation (ICI-GWODEF) and Missionettes Department of the Assemblies of God, Lagos District.

    It had the theme: “Empowering Adolscents Girls: Ending the Cycle of Violence.”

    As the issue of the girl child continues to be at the fore of discussion, the Secretary General of the United Nations(UN), Mr. Bank Ki Moon urged governments to take action to end all forms of violence against girls in all parts of the world.Ki Moon, whose keynote address to the world was delivered in Nigeria by the Senior Public Information Officer, Envera Selimovic, emphasised that there was need to create a world where violence against women and girls is never tolerated and girls are empowered to reach their full potentials.

    “To end this cycle of violence against adolescent girls, we must go beyond raising awareness and take action to equip girls with knowledge, skills, resources and power to determine their own path of life.

    “We must provide them with safe transport, access to sources of energy and water, quality health services and supportive environments that will allow them to thrive”, he stated.

    The UN Secretary General lamented that “all over the world, an alarming number of adolescent girls are assaulted, beaten, raped, mutilated and even murdered.”

    “The threat of violence at the hands of family members, partners, teachers and peers grossly violates their rights, diminishes their power and suppresses their potential”.

    He noted that a culture of impunity allows violence against adolescent girls to continue unabated.

    He counseled leaders across the world that as they define their post-2015 development framework and review progess achieved under the Beijing Declaration and Platform for Action, how to end gender violence and promote the empowerment of girls and women must be at the heart of global agenda.

    Founder, ICI-GWODEF, Mrs. Helen Ibeji in her address, urged the Federal Government to hasten up and ensure that the Chibog girls are returned to their families safely.

    “When they are finally back, government should set up mechanisms for rehabilitation of these girls into the society”, Ibeji said.

    The founder of the ICI-GWODEF counseled parents, guardians, care givers to give more opportunities to their girls so that they will achieve their goals in life.

    She also urged school authorities not to encourage violence in and around schools, adding that school related gender-related violence is a human rights issue and also a barrier to learning.

    As they join the world to celebrate the day, Ibeji urged everybody to bear in mind that the life of the girl-child of today is the nation’s future adding, “she being an asset of inestimable value should be treated well just like other children.”

    She announced that a book, “Girl- Child Education in Nigeria: The Legal Perspective” which was authored and published by the foundation has been approved by the Lagos State government during the 2014 book review for use of secondary school students.

     

     

  • Human Rights police officers graduate

    The twentieth graduation ceremony of Human Rights Police Officers will hold on Thursday.

    The Police men who were trained by the Crime Victims Foundation Nigeria (CRIVIFON) under an arrangement with the Police will graduate at an event to be held at the Police College, Ikeja by 10.00a.m.

    CRIVIFON Executive DirectorMrs. Gloria Egbuji said Lagos State Governor Babatunde Fashola (SAN) and the Inspector-General of Police, Sulaiman Abbah will be special guests of honour.

    The Treasurer,  national Union of Road Transport workers, (NURTW), Alhaji Musiliu Akinsanya will chair the event, while Chief Wale Bite would be the Father of the Day.

     

  • ‘Election funding not well-regulated’

    A human rights group, the One Voice, has called for a better regulation of election funding ahead of next year’s poll.

    It said the framework to control the use of money in politics is not only weak, but makes no provision for punishing violations.

    “Both the 1999 Constitution and the Section 84 (3) of the Electoral Act 2010 made it compulsory for all political parties to submit audited reports of their election expenses three months after elections, but none of them meets this deadline,” One Voice said.

    The group, at a press conference jointly organised by the Human Rights Law Service (HURILAWS), also condemned the pre-mature political campaigns that contravene the Electoral Act’s provisions that such activities should begin 90 days before the election.

    “Virtually all elected public officials have abandoned their duty posts to embrace political campaigns, flouting the law. When overt member drives precede statutory electioneering campaign period, the Independent National Electoral Commission (INEC) should act fast to enforce the law.

    “One Voice is particularly worried about the increasing number of political rallies (by purposely established NGO’s and party loyalists). National/state funds are beign recklessly deployed to bankroll these rallies, thereby making Nigerians to suffer on the ‘good governance index’,” it said.

    The group urged INEC to shelve the use of the additional polling units which it said heated up the polity. “One Voice, therefore, is calling on INEC to discard the plan of creating 30,000 additional polling units after 2015 general elections when the dust of tensed political situation would have settled. Thereafter, INEC can seek the approval of the incoming National Assembly.

    “To go ahead to implement this plan is to further plunge the country into political turmoil, and INEC should be seen as umpire regulator and not partisan political institution,” One Voice added.alleged that the botched arms deal, as a result of which $15million was seized by South Afircan authorities, is linked to next year’s election.

    It called for vigilance by voters, saying the arms could not have been meant to fight insurgency as the budget for it had already been approved by the National Assembly, including the additional $1billion.

    One Voice believes the arms deal transaction was not done through legitimate means because the aim was to conceal it, bring in the arms secretly, and deploy them for illegitimate purposes, possibly during the election.

    The group’s Media Committee Chairman Pastor Deji Adeleye, said the deal was authorised by highly-placed persons who are powerful enough to use the government as cover when the deal went wrong.

    One Voice said because of the illicit nature of the deal, the actors jettisoned the standard mode of purchasing arms, which is a government-to-government transaction, and instead used third parties not approved by both governments.

    The transactions’ sinister aim, the group said, is reinforced by the fact the Central Bank of Nigeria (CBN) was not involved in them and has refused to clarify the dealings.

    “South African was not convinced it was a legitimate transaction, which is why it seized the monies. Who authorised the Nigerians involved in the deal? Was it the President of the Chief of Defence Staff? We believe the government is just being used as camouflage to cover the illegal transactions. It’s only those who want to military the country during the election that are behind the importation,” the group asked.

     

     

  • Ekiti: Wither the future of the judiciary?

    Ekiti: Wither the future of the judiciary?

    For two weeks, the courts in Ekiti state have remained locked ostensibly on the order and in support of the presidency to prevent the hearing of the integrity suit filed by the E-11 against the  governor -elect, Ayo Fayose. The development has left observers worried on the future of the judiciary, writes ADEBISI ONANUGA

    In the last two weeks, the courts in Ekiti State have  been under lock and key.

    The National Judicial Council (NJC), led by Chief Justice of Nigeria (CJN) Aloma Mukhtar, met to review the development which has been widely condemned.

    NJC directed the police to re-open the courts, protect the judges, and to arrest and prosecute all those who attacked the courts  and beat up a judge.

    But the police, which is supposed to be subservient to the NJC, ignored the directive. Rather, soldiers and the police cordoned off the state High Court premises and turned back judges, lawyers and litigants, including the Chief Judge, Justice Ayodeji Daramola.

    The police told the Chief Judge that the court premises were not safe for them and that they found a bomb within it.

    Another account had it that the police informed the judges that the courts would not be opened until the height of the fence must have been raised to protect them better.

    It was alleged that the police and the military were acting on a directive from the presidency that they must keep the courts locked up to prevent it from sitting to  hear an integrity suit filed by a group, the E-11, against the Peoples Democratic Party (PDP) governor-elect, Ayo Fayose, until his October 16.

    However, observers of political developments saw the situation in Ekiti in the last two weeks or more as a script that was tenaciously written and playing itself out.

    This group described the development as unfortunate for the fact that the judiciary, as the third arm of government, is not being accorded it rightful place.

    Analysts see the attacks on the judiciary as a signals that the country is degenerating into a ‘banana’ republic. They also viewed police’s disregard to the directive that they re-open the courts as an affront against the rule of law.

    The developments show the judiciary is far from being independent. It depends on the corporation of the exective to function, because it is the executive which controls the armed forces. It portends danger for democracy. If the courts can be shut because of one man, then the consequences for the future are better not imagined.

    Analysts say it could get to a time when members of the ruling party or those in power, threatened by the possible outcome of a case, would simply go to court to disrupt proceedings, beat up the judges, and withdraw the security.

    Trouble started in Ekiti when the court presided by  Justice Isaac Ogunyemi declared that his court had jurisdiction to entertain the suit filed by the E-11 challenging Fayose’s eligibility to contest the June 21 election, which he won.

    Suspected political thugs believed to be loyal to the governor-elect threw caution to the wind as the courtroom was turned upside down.

    Chanting war songs, the miscreants took the law into their own hands, smashing furnitures and windows, while the police failed to act, beyond protecting the judges from physical harm.

    The police who was to maintain peace  stood watching as mayhem was unleashed on the court. Not done with the court, the political thugs returned a few days later  to the High Court, broke into the Courtrooms, ransacked offices and  destroyed records. Justice Adeyeye was beaten up and had his suit torn. Justice Daramola’s office was invaded; record books were destroyed and proceedings disrupted as judges, lawyers, litigants and court clerks ran for dear lives.

    The development forced the Chief Judge to order a closure of the courts to safeguard the life of the judges.

    A week later, the NJC directed that the courts  be re-opened to complete hearing in the case before the October 16 inauguration.

    However, rather than the courts been re-opened, the police locked them up, including the Court of Appeal, thereby bringing judicial activities in the state to a halt.

    While  all of these lasted, the presidency so far kept quiet and has not offered any word nor made any attempt to reproach the military and the police for dis-respecting the NJC and for failing in their duty to protect the judges.

    The incident in Ekiti courts, according to observers, pointed to the fact that  the rule of law has completely collapsed in the country and that it is capable of making the common man to lose hope of getting justice.

    They also believe events in Ekiti reflects a steady decline the regard held for the judiciary. Rather than being held in awe, it is now being ridden roughshod over. Analysts say such treatment of an important arm of government is dangerous for democracy’s survival.

    However, pundits are worried about the future of the rule of law and the use of federal might to subvert  the Constitution when it pleases those in power.

    They are also worried about the future of the judiciary in a situation where a court could  be shut down because of one man, simply to prevent a case from going on by all means.

    They are worried whether a truly independent judiciary can be achieved when the executive that’s supposed to provide security is not cooperating to assert the independence of the judiciary as the third arm of government.

    More importantly, they are worried about whether the judiciary is still the last hope of the common man after the latest act of impunity.

     

    Ex-judges, lawyers react

    The Nigerian Bar Association (NBA) said it was alarmed by the continued closure of the high court and other courts in Ado-Ekiti.

    Its President Augustine Alegeh (SAN) said there was no basis for the court’s blockade, which has prevented hearings in the suit cases filed by the E-11 and the Citizens Peoples Party (CPP) against the governor-elect Fayose, among others.

    “NBA is alarmed at the barricading of the High Court of Justice Complex, Ado-Ekiti, Ekiti State by security agencies on the basis of an alleged bomb threat to the complex.

    “Judicial officers, staff and litigants were not allowed access. NBA believes that any alleged bomb threat must have been effectively neutralised by the security agencies utilising their bomb disposal units”, he stated.

    A former Lagos State High Court judge, Justice Ebenezer Adebajo said the Ekiti signals the beginning of anarchy in the state.

    “The judges are there doing the work that is over and above the calling of ordinary human persons. Dedication, integrity, all these are being applied every day by the judges. The work means keeping off the ordinary life of  human beings. It is a tensed work. The judges formed the bedrock of the development of democracy because they embodied the rule of law. If a judge is assaulted, the rule of law is assaulted”, he said.

    Justice Adebajo urged Nigerians to resist any attempt to suppress the judiciary.

    “Every right thinking Nigerian, this is above party politics, must stand up, must stand against that kind of behaviour, they must stand up against the derogation of our social norms, derogation of our social order and prevent it from going into a state of anarchy. We cannot be behind the world.

    “My view from the word go is that the CJN, as chairman of the NJC, should ask the judges to withdraw from the courts and then we wait to see who would swear in the people who assaulted the judges”, he stated adding that he finds it difficult to believe that the police locked up the courts against the judges.

    “I do  not see it as a stand off between the Police and the Judiciary. It can never be. The Police are subject to the judiciary. Whose instruction or directive should they be carrying out? Is it that of the out-going governor or that of the governor-elect who is yet to assume executive power or that the police have been instructed from Abuja? he asked.

    Professor of law, Itsay Sagay said that developments in Ekiti just confirmed the fact that “what we have is a civilian government but we don’t have a democratic government or a democratic system.

    “The rule of law does not really exist in Nigeria and we have totally not a democratic set up in which those who control physical power don’t really care about democracy and would do anything that they think would promote their continued hold on to power”, he said.

    According to Prof. Sagay, ‘some of those in government, the powerful in government, they feel that they need Fayose in government for their power over the country to be complete and they are ready to do anything to make sure that he is in power”.

    A member of the Ogun State judicial Council, Abayomi Omoyinmi described the situation of courts in Ekiti as pathetic and very worrisome for the judiciary in view of intimidation from the government by the non-compliance with the order of the NJC on the reopening of the courts.                                       According to Omoyinmi, the judiciary independence is been eroded by the actions of the executive and real anarchy is looming in Ekiti judiciary and Nigeria if the concept of separation of power is lost in our governance.

    He argued that there is no rational behind the use d use of force against the judiciary and no right thinking government or executive should take the judiciary for granted or a ride as it is been witnessed in Ekiti presently. The different shades of opinion notwithstanding, there  have been demands to bring the perpetrators of the attacks on the Ekiti High Court and its judges to justice.

    Way  Out

    Justice Adebajo (rtd.) insisted in  that the judges should be withdrawn for one legal year in Ekiti “and we would see how Fayose would be sworn in. Because it is only the Chief Judge of a state that can swear in the governor of a state. Nobody else can swear in the governor of a state. That is what the constitution provides”. He said if any other chief judge comes in to swear in a governor from another jurisdiction or outside of that state, that would be challengeable in court. “I believe the judges should be withdrawn from the court and this must be understood by all and sundry that judiciary is a sacrosanct institution. Nobody should mess up with it”, he stressed.

    Prof. Sagay said all now depends on the judiciary themselves.  “The judiciary is very powerful if they would stick to their principles and are determined to sustain the rule of law, eventually, they would succeed because justice  would be on their side, they would be the ones who are right. So it all depends on the judiciary.

    ‘The judiciary should insist that all matters are going on in the court should continue  to completion and not be intimidated because the judiciary itself is a separate arm of government, they have to stand and refused to be intimidated and ensure that all legal process that have been started are continued to their logical end”, stated.                                                                                                                                            Omoyinmi  stated that  the judiciary must condemned the forceful act of oppression in its totality and must insist on reopening of d courts in Ekiti without further delay.

    The NBA  insisted  that the courts must be re-opened to enable the judiciary carry out its adjudicatory functions.  Said Alegeh,  “NBA demands that the High Court of Justice complex should be opened immediately to allow for resumption of work by the courts.“The security agencies should provide a safe and conducive environment for the effective administration of justice and should not create a situation that makes it totally impossible for courts in Ado-Ekiti to carry out their constitutional roles of providing justice for all,” he said.