The Nation Newspaper

Category: Law

  • ‘Why Rivers judicial crisis persists’

    ‘Why Rivers judicial crisis persists’

    Barinua Moses Wifa (SAN), a former National Judiciary Council (NJC) member, was once Nigerian Bar Association (NBA) Chairman, Port Harcourt Branch. He was the Rivers State Attorney-General and Commissioner for Justice during the military regime. In this interview with Precious Dikewoha, he speaks on the judiciary and the role of NJC.

    What point were you making in the paper you presented at the last NBA conference?

    Firstly, the title of the paper I presented is Independence of Judiciary in the context of Doctrine of Separation of Power under 1999 Constitution. If you have been following events in Nigeria you would have known that it has been in dispute as to where power lies, particularly regarding the power of the governor to appoint a chief judge or to same by the way of removal.

    In the public domain for quite some time several people have made contributions, stating what their opinions are. I think on the 24th of June 2014, the Guardian Newspaper, in its editorial, published some opinions regarding this and I thought it is a good point to look at what the Guardian said and to see whether the opinion expressed was right. That  triggered the advertorial against me.  The attack on me by the Attorney-General was unnecessary. The Nigerian Bar Association (NBA) holds its monthly meeting, at least, I was invited by some lawyers to deliver lectures and I have delivered lectures in the past and when they invited me I asked them what they want me to discuss. So, I decided to situate it within the context of what is happening in the state.

     Who really has the power to appoint a Chief Judge?

    What I did was to trace some issues because I saw that the Guardian Newspaper raised some issues on the type of federalism in practice in Nigeria, connecting it to the power of the state to do what they should do.  Secondly, I have to look at constitutional developments apart from historical developments. Then I have to look at some decisions of the court including matters against the Attorney-General of the state, which was a situation in Kwara State where the governor wanted the House of Assembly to impeach the Chief Judge because he wasn’t comfortable with her, which led to that case.

    But the Supreme Court was able to pronounce who has the power to appoint and  the power to remove under the 1999 Constitution. The Supreme Court, which I set out its decision, said it is not something that one person has the absolute power on, that the power was shared among the governor, the National Judicial Council (NJC) and the House of Assembly. Though Sections 2 and 71 subsection 1 of the Constitution are clear on the power to appoint, but that power is subjected to the power of NJC to recommend as well as the power of the House of Assembly to confirm. So, it is a shared power and it gives the reason while it came to that conclusion. That is why I put it that way. Though, some people have written that the governor is the one who has the power as if it all depends on him.

    What did the constitution say about the issue?

    The constitution is there, it says that the governor shall appoint such a person subject to the recommendation of NJC and to be confirmed by the House of Assembly, but there is a process in every state in Nigeria where they have what is called the Judicial Service Commission (JSC), the NJC will now demote a process for the appointment of judges as well as the Chief Judge. That process, in the case of Judges, Justice of the Supreme Court (JSC) to the Chief Judge of the state, will collect nominations of who are to be appointed by those who are to be considered for the appointment. If you look at all the processes involved, the NJC normally issues guidelines for the appointment of Judges. Every Chief Judge knows about this, in fact, in the Judges’ dairies the first thing you will see there is the guideline for the appointment of Judges. The process is that the Judicial Service Commission of the state will consider persons seen as suitable for appointment from the High Court of the state as well as the Customary Court of Appeal of the state. That is, in a place where you have Customary Court of Appeal, the other one is the Sharia Court of Appeal.  The JSC has the Chief Judge, the President of Customary Court of Appeal, Attorney General, some lawyers and ordinary persons constitute that body. They will now carry out their deliberations and summit a list of persons to the NJC. If it is for a vacancy, they will submit two names; if it is three vacancies for Judges they will submit six names.  That is one on the priority of the preferred list. It is for the NJC to deliberate on this and recommend the most suitable person to the governor for appointment.

    Should we say Rivers State followed the due process?

    I understand that they followed the process. I am not a member of the council in the state. I have ceased to be a member of the NJC since 2010. I was a member from 2006 to 2010, but I understand that they submitted two names. The two names are Hon P. N.C Agumagu, who is the President of Customary Court of Appeal and  Hon D.W.  Okocha, who is the number one judge at the High Court of Rivers State. These are the names but according to what I heard, NJC recommended D.W. Okocha in preference to Justice Agumagu.

    In the face of the crisis, does it mean that the Judiciary has compromised?

    It depends on the angle you are coming from. As I stated in my paper, the judiciary suppose to be shielded from those willpower, that is why I traced that history of having the NJC in place and  tried to say that those are its functions. Let me ask a question, if in a situation where you send two names to NJC for appointment and out of the two names one of them was recommended, what is the legal issue in refusing to accept that recommendation? It must be outside the law. In my opinion it is more of politics than the law.  This is why they referred the case of Hon. Justice Innocent Umezuruike, the Chief Judge of Enugu State.  What they wrote is still there. They brought that in as if it were a justification. What I want to know is whether at the end  Justice Umezuruike was not recommended by NJC before he was appointed as the Chief Judge of Enugu State.

    What I stated and  I stand to be corrected is that  there is no single  appointment of  any judicial officer which  includes  Judges of Customary Court of  Appeal of a state,  Judges  of the Supreme Court including the Chief Judge,  who has not been recommended by NJC. If there is any case of a valid appointment of a person that has been made a Chief Judge without the recommendation of NJC, I stand to be corrected.

    Is Justice Agumagu, who is the choice of the governor, qualified for the post?

    That is not for me to answer. The point is this, why I find it difficult to respond to what has been published by the Attorney-General of the state, I have all the respect for him, but certainly I don’t agree with him. I am not going to be judgemental like he did to me,  but in all omission and commission I have done, I will not judge him.   But the fact remains that he has to explain to his people, there are matters in the court. I know I tried to veer off some litany of jargons called subjudice. I want you to know that this matter has been submitted to the court of competent jurisdiction.  What I cannot understand is that he is referring to the case in a High Court, which I understand is on the way to the  Court of Appeal,  and he is saying that was an issue that has been decided by the High Court. I think as a Lawyer I ought to say this very clearly that you cannot subordinate the judgement of a High Court of a state to the clear unambiguous decision of the Supreme Court of Nigeria even if you may argue it obiter, but it doesn’t lie in our mouth to say so. Go before a court to say what you want to say before that court was obiter; you can’t say that this is the issue you can decide.  Section 287 of the Constitution is aware of this because it is all binding on all the authorities.  It is the fact of the case that matters. It is the ratio-decidendi of a case that matters. And the Supreme Court in the case I cited said the power of appointment and the power of removal is a tripartite thing, the governor, NJC and the House of Assembly. So,  it is for NJC to say whether Justice Agumagu is qualified or not, but my point is this, if his name was submitted to NJC  and the name of Justice D. W. Okocha was also submitted to NJC and NJC said look it is D.W. Okocha that  we recommend, what is the legal basis not to accept her?

    Who is the most senior between the two judges?

    I can refer you  to Section 271 subsection 4 of the Consti-tution. What does it say? There are  two scenarios in the appointment of the Chief Judge of a state.  I am not quite sure that the constitution has provided that it must be the most senior Judge of a High Court of a state. There are two things that constitute the Chief Judge of a state.  You have the High Court of a state and you have the Customary Court of Appeal of a state. The two make up what is called the judiciary of a state.

    So, appointment is made from the High Court of the state, that is to say what stops Section 271 subsection 4   is that when there is a vacancy in the state or that the person who is qualified has not been chosen then you have to appoint the most senior Judge of the High Court of the state in an acting capacity. It didn’t say of the judiciary of Rivers State, but you can appoint people who have been elevated above their most senior Judges to be the Chief Judge of a state. The last Chief Judge we had in the state was number six on the ladder, but he was picked and appointed as the Chief Judge. But if the person appointed has not been cleared or whatever,  you have to appoint the most senior Judge of the High Court  as the Chief Judge.  The issue of who is the most senior judge is entirely up to them. Again, we need to take another look at Section 280 of the Constitution with due respect to the appointment of person on the Customary Court of Appeal and you will find out that if anyone has a vast knowledge of customary law the person can be appointed. Meanwhile, it is not so in the High Court of a state.

    So, could we say NJC has compromised?   

    If you ask me I think it is  an  insult.  Do you know what makes up the NJC? It is chaired by the Chief Justice of Nigeria,  the next most senior judge of the Supreme Court is the Deputy Chairman,  then the President of the Court of Appeal  as the next person. Then five justices retired from the  Supreme Court and the Court of Appeal.  We have  the Chief Judge of Federal High Court then five judges  of a state on rotation, them the lawyers who are mere an appendix and only one of them will be a Senior Advocate of Nigeria (SAN) and they are permitted to sit only  when appointments are to be made.  Then we have two other members’ grandkhadi and two others.  So, this is a very powerful structure. I think it is an unwarranted insult to cast aspersion on that body, it is uncalled-for.

    There is a rumour that a member of the NJC, who is a brother to Justice Daisy Okacha, is the one fuelling the crisis by insisting that his sister must be given the position.

    Let me tell you what happened.  I don’t know about his own case.  During the deliberation of any particular matter, which any of the members may have interest, the person has to leave. You don’t sit during those deliberations and instances abound. I think there is something wrong with us in this country. I have argued times without number that we must build strong institution of governance. Governorship is a strong institution of governance, Presidency, the media and the House of Assembly are all strong institutions of governance. We must make a deliberate effort to build a strong institution.  If there is any issue that will ridicule an institution of that kind then we have a long way to go.

    You were accused of having a knowledge of the article published in the Guardian Newspaper, did you in anyway sponsor the article?

    When you have an argument and you begin to pick holes then you are leaving the decency of the argument to the level of stage battle. I am not ready to descend to that level. The article was published by the Guardian Newspaper. The article said however, that the fear of the governor is not unfounded I am not the one who made that statement, it is the Guardian Newspaper. It also said that the appointment of Chief Judge is for specific purpose, which is to ensure the scale of justice if he will ever seek justice of any matter. That is where I took it from during my paper presentation. Talking about fear, when you look at the back of the Constitution you will see the oath of office of the governor, it says, he shall perform his duty without fear or favour. That was why I said that it cannot be the role of the governor to construct and make the doctrine of separation of power, doctrine of fear.

    In reply they said governor did not say so. I did not say so too; it is the Guardian that said so. How the Guardian got the information about the whole thing,  I don’t have the Idea. I don’t work with them.  I think in governance we should leave that issue, especially the issue of the Attorney-General of a state.  Every Attorney-General should consider whether to pursue the matter of public interest more than political interest.

    In 2005 I was a delegate at the National Political Reform Conference, people clamoured for a separation of the office of the Attorney-General from that of the Commissioner for Justice. They believed that if they split the two offices then you can know which one to be considered as political and professional. But whatever, it is the Attorney-General that is directed to consider everything that is in the public interest. But when it appeared that you cannot do that, you either tow the party line of your governor, or  pursue some other personal interests.  Then it is about time we re-examined that conflict and I am saying this with all sense of responsibility. The last incumbent left office on  August 20 last year, almost a year now and we do not have a Chief Judge. Whatever may be the case, there is what I call colossal collateral damage. People are there in prison they cannot be brought to court, suspects are caught and released. There so much damage to justice delivery sector  as a result of this problem. It is in public interest to maintain it all, because we want to ascertain who has the power to appoint and who doesn’t have the power to appoint.

    But do you believe that the judiciary is corrupt? 

    In 2001 I delivered a lecture in Lad-kwadi Banquet Hall, Sheraton Hotel in Abuja, and I said something is happening to the judiciary. It appears as if the Judiciary has compromised. But as soon as I mentioned that people at the event shouted at me saying, I am accusing judges of been corrupt and I said look, it is no longer news. A retired Justice of the Supreme Court has this pullout in Thisday Newspaper about the corruption in the judiciary.  Just recently the Chief Judge of the Federation also mentioned it that the judiciary is corrupt. So many things are happening in the sector.  Today, Tanko  Al-Makura has succeeded in defeating the impeachment saga. The House of Assembly asked the Chief Judge to set up a panel and he did, but suddenly the House of Assembly said they didn’t like the panel and the issue was dismissed because the panel said it did not see a single prove of the allegations levelled  against  the governor.

    That is the Nigerian society for you.  Anything can happen, what my paper said was that whether you are a king or a commoner you are subjected to ordinary law of the land. So, if you want to do what is right, do it, you cannot get away by doing something that is not right. The impeachment news going around the country is constitutional, everything you do is in the constitution, but it is liable to abuse, we are where we are because of culture of impunity. The word Impunity means when they said don’t drive against the traffic  and you decide to drive against it, that is impunity. If you know what is right to do and you refuse to do it, it is impunity. In the Bible, if you read the book of James, Chapter 4, it will tell you that if you know what to do and you don’t do it, it is a sin.

    Sometimes you talk like a politician, are you one?

    I am both apolitical and political. The fact is that we all have our views about our society. That we have allowed politicians to govern us as they like does not mean we don’t know our feelings.  I am not a partisan politicians. I belong to the Nigerian Bar Association, which is docile sometimes in its approaches to issues. I have cause to say so because there are issues that we should take-up. Happily, I was a commissioner under the military regime so they didn’t ask me to produce my party card. I have written about what party politics should be.  But those things are still lacking. Politics is about choices for some alternative, can someone tell me the difference between the APC and PDP? Maybe because of the Newspaper you work, I can guess where your interest maybe.  Don’t forget, I am still notionally a member of Rivers State Elders’ Council. I am not a partisan politician.

    You mentioned federalism in  your paper, what were you trying to stress?

    When you look at the kind of federalism we practice in Nigeria, it is not what we think. We do not have the power to do this and that.  It is more of cooperation and interdependence, that separation of power was not fixed in there to remove friction or efficiency so that you will prevent autocracy.  Look Lord Denning was one of the greatest man that has lived on this earth. He said to avoid rebellion there must be recourse to law. If there is wisdom, justice will prevail while you are fighting a war there are many casualties. Is that what governance is all about?

     

     

     

     

       

  • ‘INEC should probe pro-Jonathan campaigners’

    ‘INEC should probe pro-Jonathan campaigners’

    A Senior Advocate of Nigeria (SAN), Mr Ahmed Raji, has urged the Independent National Electoral Commission (INEC) to examine the legality of the activities of groups, such as the Transformation Ambassadors of Nigeria (TAN). In this interview with JOSEPH JIBUEZE, he speaks on the clamour by lawyers who are members of the National Assembly (NASS) to be awarded SAN.

    How do you think insurgency can be successfully tackled?

    Few suggestions. One is to clearly ascertain what is the root cause of terrorism in Nigeria. Is it because of the disconnect between the rulers and the ruled or is it because we have porous borders or is it because of the fall of Gadhafi and mercenaries are now let loose? Is it because of what is happening in North African countries or is it because of the prediction that Nigeria is going to terminate in 2015? Or is it a political gimmick to unseat the president and for some other people to come in? These are several areas to be looked into.

    There have been calls for the Nigerian Law School campuses in Kano and Yola to be shut due to insecurity, especially with the Chibok school girls’ experience. What’s your take?

    I would not dismiss the call for the closure of the two campuses, but one has to be cautious. After all we have Northerners from Kano, Jigawa, Kaduna, Yobe and Bauchi who may be more interested in Kano and Yola campuses than to come to Abuja or Lagos campuses. We should not rush to shut down the two campuses otherwise we will be offending the sensibilities of some sections of the country. It may mean shifting the campuses temporarily to another place pending when all these problems will settle down but I do not support closing down the campuses completely. What about other Universities and tertiary institutions in the North, are we going to close them down? What about other secondary schools? I think that is like conceding defeat that we have failed and that there is no solution to the problem. That will be too catastrophic for us. We should endeavor to overcome the present challenge and pray not to have a repeat of what happened in Chibok.

    During the last Nigerian Bar Association (NBA) Annual General Conference (AGC) in Owerri, you delivered a lecture on combating terrorism. How do you see Nigeria’s anti-terror laws?

    There are several ways the law may be used to stem the tide of terrorism.  The law may be used as an instrument to discourage acts of terrorism. The law may be used in a way that it would give us a justice sector that is able to quickly and promptly attend to any terrorism issue. The law may be used if we know the root cause of terrorism, to address the root cause. If it is due to poverty, the law may be used to redistribute wealth.

    Do you think the Economic and Financial Crimes Commission (EFCC) is still as vibrant as it was?

    The EFCC is not dead. It is working. Perhaps showmanship has reduced because that is not the way to do an investigation. May be they are doing it in the correct way now and they are being silent in the manner they go about their work. Because we are not reading about them daily does not mean they are not working. So, I disagree with you.

    What are your expectations as 2015 election approaches?

    There is the need to educate politicians and voters on political advertisement and this is where the National Orientation Agency (NOA), Nigerian Union of Journalists (NUJ) and the Independent National Electoral Commission (INEC) should collaborate to sensitise the people before the real activities will begin. Section 221 of the 1999 Constitution provides that no organisation apart from a political party should ask for votes. There is a body charged with monitoring political activities and dishing out appropriate sanctions and that is the INEC.

    What do you make of the activities of the Transformation Ambassadors of Nigeria (TAN)?

    It is INEC that should be called upon to look into the enabling laws and ascertain whether what these people are doing amounts to a violation of the extant rules and regulation. But I do not think that President Goodluck Jonathan has done anything wrong because I have not seen him at any of those rallies. I have not seen any political party sponsoring it to the best of my knowledge. For people asking Mr. A or Mr. B to come out, I don’t think Mr. A or Mr. B is to be blamed. You only need to be wondering how idle or unoccupied those individuals are, but the appropriate authority is INEC who should be asked to look into the extant regulations. Perhaps INEC has not contemplated what is happening now. Maybe they need to give further guidelines and streamline it properly to take care of possible abuses of political advertisement if it is not in tandem with the law.

    Do you think senior lawyers in the National Assembly should be conferred the SAN rank?

    Senior Advocate of Nigeria (SAN) as an award has its origin in what is known as Queens Counsel (QC) in England. A few commonwealth countries also adopted it and a good number of them no longer have it. If you go back to England there is no precedent where a member of either the House of Lords or the House of Commons, simply because of his delivery or output in parliament, has been made a QC.

    Does their legislative advocacy and law making not make them deserving of it?

    The Legal Practitioners Act clearly delimits and brings out the essence of SAN. It has to do with highest distinction in the practice of law. If you say lawyers in the National Assembly be awarded the rank of SAN, perhaps accountants there too will ask to be given one of the professional certificates and it will go on. We may find other ways of rewarding those of them who have performed well in the National Assembly such as by re-electing them or by getting them appointed or elected to other bigger offices. As far as professional career is concerned, I think it will be a little bit confusing. It will bring some disharmony into the system and once that one goes in, nobody can really know when it will stop.

  • When lawyers celebrate Odunaiya at 78

    When lawyers celebrate Odunaiya at 78

     A former Nigerian Bar Association (NBA) Ikeja Branch Chairman, Chief Victor Odunaiya, has turned 78. Friends and well-wishers gathered in Lagos to honour him. ADEBISI ONANUGA reports.

    Lawyers converged on Lagos to celebrate a distinguished legal practitioner and a former Chairman of the Nigerian BarAssociation (NBA) Ikeja Branch, Chief Victor Odunaiya, who turned 78 on September 11.

    Odunaiya,  a lecturer and author of many legal books, they said, has carved a niche for himself in land  and chieftaincy matters in his legal practice.

    To celebrate him, a special birthday lecture was organised  by the Alimosho Lawyers’ Forum in conjunction with the NBA,  Ikeja Branch, at the Bar Center, GRA Ikeja, Lagos. The occasion attracted  a horde of lawyers including one of his former students, Justice Abiodun Akinyemi, of Ogun State High Court, who could not hide his joy as the Chairman of the occasion.

    The lecture was titled: “Application of the doctrine of Lis Pendens in Nigeria: Urgent need for judiciary and legislative intervention”.

    Justice  Akinyemi, in his remark, urged lawyers to emulate Chief Odunaiya, who he described   as  a role model in legal profession. Odunaiya, in Akinyemi’s estimation, deserved to be conferred with the Senior Advocate of Nigeria (SAN) because of his contributions to legal professon.

    According to him, Chief Odunaiya is a legal teacher of repute and a father who should  be emulated by many lawyers because of his approach to  handling matter before judges.

    Justice Akinyemi said: “I almost ran away from the bench when I saw my teacher appearing before me in a particular matter, but I respected him so much with the way he conducted himself and handled the litigation on that day not minding that he was appearing before his one time student.

    ”We have lost a lot of value in the legal profession and people like him ought to be valued, and  somebody like him should be  called upon and be awarded the rank of Senior Advocate of Nigeria (SAN),” he said.

    Akinyemi added that it is worthy to celebrate someone while  alive and not after his death.

    The guest speaker, Dr Gbenga Ojo,  itemised the basic elements of a sucessful plea of Lis Pendens, saying the doctrine is anchored on the principle that it is in the interest of the public that there should be an end to litigation.

    “The argument is that, if alienation pendelite is permissible, there would not be an end to litigation. The successful party has to commence a new suit to defeat the alienee that purchased pendelite,” he said.

    He also enumerated the elements for a sucessful plea of Lis Pendens as laid down by courts, saying that at the time of the sale of the property, the suit regarding the dispute on the said property was already pending. The action or lis was in respect of real property, it never applies to personal property.

    He remarked that the object of the action was to recover title to a specific real property, “that is to say, an action in a subject matter adverse to the owner in respect of some substantive right which is proprietary in nature”. He said the limits of Lis Pendens is an area where the application of the doctrine is thrown into confusion by inconsistent decisions by the Supreme Court as well as the Court of Appeal.

    He said  problem is created when the first element is treated in isolation.

    The Ikeja Branch Chairman of the NBA, Yinka Farounbi,  said Chief Odunaiya was being celebrated because he had imparted so much on them as lawyers. He prayed that the chief would live to be a centinarian.

    “The gist is that anybody that drank from the Bdagry well would live for over 100 years. When we went to Badagry not too long ago, Baba drank from that well, so it is certain he would live for over 100 years,” he said.

    The celebrator thanked the association for honouring him. He recalled his exploits as chairman of the Ikeja Branch when he called on lawyers to boycott the courts to demand that judges abide by the rules of the court while under the military regime. He acknowledged  activities of the branch particularly, in the areas of advocacy and activism. He expressed happiness that the  branch is still the “Tiger Branch” of the NBA.

    Odunaiya urged members not to relent in their activities, stressing, “we lead the pack, they follow”.

    He showered encomiums on Justice Akinyemi, whom he described as a very forthright judge. He noted that all his recommendations to the panel chaired by the judge of Ogun State on land matters and chieftaincy issues were not disputed. He said unlike reports of other panels, which are usually kept in the “cupboard”, those of Justice Akinyemi were fully implemented by various governments of Ogun State.

    “My practice has taken me to different parts of Nigeria, handling land and chieftaincy matters. Today, when I look back, I can say I am fulfilled,” he said.

    Odunaiya  was called to the Bar in and enrolled as a Solicitor and Advocate of the Supreme Court in 1974. He is a member of several professional associations, such as, Royal Institute of Public Administration; Royal Economic  Society; Institute of International and Comparative Law; Nigeria Institute of Management and the Nigerian Institute of Book-keepers.

    Chief Odunaiya was a part-time lecturer at the Nigerian Law School between 1982 and 1992. He was the pioneer Chairman, Ifako/Iju-Ishaga Community Bank ltd, Lagos. He is a former Chairman, Nigeria Bar Association, Ikeja Branch and a member of the N.E.C of the Nigerian Bar Association for several years. He has had various working experiences both in the United Kingdom (UK) and Nigeria. He worked at the General Post Office (GPO) London; Ravensbourne Registration Services, Kent and Lloyds Bank London. He was also an Assistant Comptroller of Administration and later Secretary/ Legal Adviser, Western State Industrial Investment and Credit Corporation, Ibadan. He was the pioneer Company Secretary/ Legal Adviser, Odua’ Investment Company Limited, Ibadan.awyers converged on Lagos to celebrate a distinguished legal practitioner and a former Chairman of the Nigerian BarAssociation (NBA) Ikeja Branch, Chief Victor Odunaiya, who turned 78 on September 11.

    Odunaiya,  a lecturer and author of many legal books, they said, has carved a niche for himself in land  and chieftaincy matters in his legal practice.

    To celebrate him, a special birthday lecture was organised  by the Alimosho Lawyers’ Forum in conjunction with the NBA,  Ikeja Branch, at the Bar Center, GRA Ikeja, Lagos. The occasion attracted  a horde of lawyers including one of his former students, Justice Abiodun Akinyemi, of Ogun State High Court, who could not hide his joy as the Chairman of the occasion.

    The lecture was titled: “Application of the doctrine of Lis Pendens in Nigeria: Urgent need for judiciary and legislative intervention”.

    Justice  Akinyemi, in his remark, urged lawyers to emulate Chief Odunaiya, who he described   as  a role model in legal profession. Odunaiya, in Akinyemi’s estimation, deserved to be conferred with the Senior Advocate of Nigeria (SAN) because of his contributions to legal professon.

    According to him, Chief Odunaiya is a legal teacher of repute and a father who should  be emulated by many lawyers because of his approach to  handling matter before judges.

    Justice Akinyemi said: “I almost ran away from the bench when I saw my teacher appearing before me in a particular matter, but I respected him so much with the way he conducted himself and handled the litigation on that day not minding that he was appearing before his one time student.

    ”We have lost a lot of value in the legal profession and people like him ought to be valued, and  somebody like him should be  called upon and be awarded the rank of Senior Advocate of Nigeria (SAN),” he said.

    Akinyemi added that it is worthy to celebrate someone while  alive and not after his death.

    The guest speaker, Dr Gbenga Ojo,  itemised the basic elements of a sucessful plea of Lis Pendens, saying the doctrine is anchored on the principle that it is in the interest of the public that there should be an end to litigation.

    “The argument is that, if alienation pendelite is permissible, there would not be an end to litigation. The successful party has to commence a new suit to defeat the alienee that purchased pendelite,” he said.

    He also enumerated the elements for a sucessful plea of Lis Pendens as laid down by courts, saying that at the time of the sale of the property, the suit regarding the dispute on the said property was already pending. The action or lis was in respect of real property, it never applies to personal property.

    He remarked that the object of the action was to recover title to a specific real property, “that is to say, an action in a subject matter adverse to the owner in respect of some substantive right which is proprietary in nature”. He said the limits of Lis Pendens is an area where the application of the doctrine is thrown into confusion by inconsistent decisions by the Supreme Court as well as the Court of Appeal.

    He said  problem is created when the first element is treated in isolation.

    The Ikeja Branch Chairman of the NBA, Yinka Farounbi,  said Chief Odunaiya was being celebrated because he had imparted so much on them as lawyers. He prayed that the chief would live to be a centinarian.

    “The gist is that anybody that drank from the Bdagry well would live for over 100 years. When we went to Badagry not too long ago, Baba drank from that well, so it is certain he would live for over 100 years,” he said.

    The celebrator thanked the association for honouring him. He recalled his exploits as chairman of the Ikeja Branch when he called on lawyers to boycott the courts to demand that judges abide by the rules of the court while under the military regime. He acknowledged  activities of the branch particularly, in the areas of advocacy and activism. He expressed happiness that the  branch is still the “Tiger Branch” of the NBA.

    Odunaiya urged members not to relent in their activities, stressing, “we lead the pack, they follow”.

    He showered encomiums on Justice Akinyemi, whom he described as a very forthright judge. He noted that all his recommendations to the panel chaired by the judge of Ogun State on land matters and chieftaincy issues were not disputed. He said unlike reports of other panels, which are usually kept in the “cupboard”, those of Justice Akinyemi were fully implemented by various governments of Ogun State.

    “My practice has taken me to different parts of Nigeria, handling land and chieftaincy matters. Today, when I look back, I can say I am fulfilled,” he said.

    Odunaiya  was called to the Bar in and enrolled as a Solicitor and Advocate of the Supreme Court in 1974. He is a member of several professional associations, such as, Royal Institute of Public Administration; Royal Economic  Society; Institute of International and Comparative Law; Nigeria Institute of Management and the Nigerian Institute of Book-keepers.

    Chief Odunaiya was a part-time lecturer at the Nigerian Law School between 1982 and 1992. He was the pioneer Chairman, Ifako/Iju-Ishaga Community Bank ltd, Lagos. He is a former Chairman, Nigeria Bar Association, Ikeja Branch and a member of the N.E.C of the Nigerian Bar Association for several years. He has had various working experiences both in the United Kingdom (UK) and Nigeria. He worked at the General Post Office (GPO) London; Ravensbourne Registration Services, Kent and Lloyds Bank London. He was also an Assistant Comptroller of Administration and later Secretary/ Legal Adviser, Western State Industrial Investment and Credit Corporation, Ibadan. He was the pioneer Company Secretary/ Legal Adviser, Odua’ Investment Company Limited, Ibadan.

  • Adoke, CJ seek commitment from judges

    Adoke, CJ seek commitment from judges

    Minister of Justice and Attorney General of the Federation (AGF), Mohammed Adoke (SAN) and the Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ibrahim Bukar have urged judges to remain committed to their code of conduct and other virtues expected of judicial officers as courts in the country begin their legal year.

    They spoke in Abuja at an event to mark the beginning of the legal year of the High Court of the Federal Capital Territory (FCT).

    The AGF, who assured of the Federal Government’s commitment to reforming the criminal justice system for effectiveness, disclosed that both chambers of the National Assembly have passed the much awaited Administration of Criminal Justice Bill, now awaiting harmonisation. The Bill seeks, among others, to end delay in criminal trial by courts.

    Justice Bukar observed that this was an era of increasing challenges, requiring that all those involved in justice administration must do their best to see that justice does not elude anyone.

    He said: “At times such as this, we take pride in the fact that the rule of law remains an indefatigable pillar of our society. If we are able to continue our sustained struggle to see that justice does not elude anyone, then we would have been able to do all that the society expect from us.”

    Adoke, who was represented by a Senior Special Adviser, Prof Peter Akpeh (SAN) said the Federal Government has put in place necessary measures to secure all judges in view of the importance of their roles.

    Justice Bukar said the management of the High Court of the FCT, under his leadership has put in place necessary measures to ensure speedy adjudication of cases, boost staff morale and improve the performance of judges and other judicial officers within its jurisdiction.

    He said during the last legal year, judges were exposed to international training and the jurisdiction of the Magistrate and District Courts were expanded to enable them attend to more cases, while issues affecting other staff were attended to.

    Justice Bukar noted that 14, 969 cases were disposed, while 11, 606 are pending before the court out of the 26,575 cases recorded in the court during  the last 2013/2014 legal year, of which, 6, 946 were brought forward from the preceding year.

    On steps to enhance speedy administration of criminal justice, Justice Bukar said: “We have designated all the court houses in Apo to attend to criminal cases. Consequently, moving inmates around the FCT has become needless as with one stop, all inmates can be before their court.”

    He lent his voice to the call for an increased funding for the judiciary, while urging judges to continuously update their knowledge in order to discharge their duties satisfactorily.

    Adegboyega Awomolo (SAN), who spoke on behalf of the body of Senior Advocates of Nigeria (SANs), commended the court for its achievements, urging it to speed up the delivery of rulings and judgments.

  • Ladipo youths reopen N4b suit against Police over alleged killing of four

    Ladipo youths reopen N4b suit against Police over alleged killing of four

    Youths of Ladipo Market, Mushin, a Lagos suburb, under the aegis of Ekwulobia Imeobi Youths Association, have re-opened their 13-year-old suit against the police over alleged extra judicial killings of four of their members.

    They are asking the court for N4billion as compensation and other damages for the families of the deceased.

    The youths alleged that policemen attached to Aguda Surulere Police Station killed the deceased persons.

    The deceased include Anthony Ezenwafor, Chukwuemika Ezeofor, Izuchukwu Ezeama and Alloysius Osigwe.

    The suit was brought in a notice of application for an order to enforce fundamental rights, “Order 2 Rule 1, Fundamental Rights (Enforcement Procedure) rules, 2009, Right to Life, Liberty and Dignity as guaranteed by Section 333,34 and 35 of the Constitution of Federal Republic of Nigeria 1999 as Amended, Articles 2,5,14,15, and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of Federation Republic of Nigeria 2004 and under the inherent jurisdiction of the court “

    It was filed at Justice Oyindamola Ogala’s court, Lagos High Court, Igbosere.

    The plaintiff in the suit are Akaraka Ezeonara, Chris Okpara,Remigus Ezenwanne and Ifeanyi Okoye.

    The defendants are Attorney–General of the Federation and Inspector-General of Police.

    Other defendants include the Attorney-General of Lagos State, the then Commissioner of Police, Lagos State, Chief Marvelous Akpoyibo,  Area ‘C’ Police Command, Surulere and Divisional Police Officer, Aguda Station.

    The plaintiffs are seeking among others, an order of the court declaring that the killing of the deceased by the police officers serving under the Divisional Police Officer (D.P.O) of Aguda Police Station attached to Area C Police Command, Surulere, Lagos on Sunday July 21 was unconstitutional, extra judicial, illegal and an infringement on the right to life, liberty and dignity.

    They asked for an order for payment of the sum of N4 billion as damages and compensations to the families of the said four victims for their alleged unlawful killing.

    They asked for an order  directing the first and fourth defendants or any other persons or body of persons to conduct full and unbiased investigation into the incident and punitive measures taken against those found to have hands in the dastardly act.

    In a 21-paragraph affidavit deposed to in support of the motion, Akaraka averred that the deceased persons were allegedly killed in their apartment at 48, Olaitan Street, Surulere, Lagos on July 21, 2001.

    He claimed that they were apprentice traders under Jude Okoli, a businessman at Ladipo International Market.

    According to him, they  were living in a two-bedroom flat, in the boys quarters at 48 Olaitan Odularu Street, Killo bus stop.

    Akaraka deposed further: “The information I got was that robbers went to the house of the deceased on  July 1, 2001 and began shouting “Alloy, Alloy”,  the name of one of the deceased persons used for the payment of the rent for the apartment.

    “The deceased realising that the people shouting were robbers removed their window glass and escaped out of the building through the window. After the robbers had gone, the deceased went back to their house and not long after the police arrived and immediately shot three (Ezenwafor, Ezeofor and Ezeama) without any effort at arresting them or telling them whatever offences they were alleged to have committed.”

    He said: ”The police later said they shot the deceased on mere suspicion without proof that they were armed robbers.”

    At the resume hearing last Wednesday,  counsel to the defendants, Jonathan Ogunsanya informed the court that they are yet to regularise their position and therefore, sought for an adjournment.

    But counsel to the plaintiffs, Abiola Akerele, told the court that he has served the Attorney–General of the Federation and the Inspector-General of Police.

    He added that since 2001, Aguda Police Station has not replied their request. He urged the court to grant a short adjournment to make them regularise their position.

    Justice  Ogala adjourned the matter till  October 23, for hearing.

  • How to win terror war, by lawyers

    How to win terror war, by lawyers

    With the reported annexation of some parts of the country by Boko Haram, many, including lawyers, are urging the government to up its ante in the fight against the insurgents. They scored the government low in its approach, saying that the Goodluck Jonathan administration has failed in its constitutional responsibility of providing security for the people. Eric Ikhilae reports.

    From the inception of President Goodluck Jonathan’s administration, many have skeptical about its commitment to ending the insurgency ravaging the Northeast.

    The scepticism was stoked mainly, not by government’s inaction when the insecurity was at its infancy between late 2010 and 2011, but the utterances and body language of those in government.

    President  Jonathan once told a bewildered nation that he was unwilling to confront the insurgents forcefully, but would rather court them because he is the President of all Nigerians, including Boko Haram members.

    Despite some recent half-hearted military operations, that have seen the country’s military losing some grounds to the insurgents, there seems not to be a major shift in the position of the government, going by its handling of issues surrounding the Boko Haram menace.

    This position is, again, supported by the claim by an Australian, Dr Stephen Davis, who gave a picture of the internal workings of the sect. Rev  Davis, an Australian, went a step further to reveal that the sect allegedly enjoys the patronage of some prominent personalities, including a former governor of Borno State, Ali Modu Sheriff.

    As would be expected of every government, committed to its primary responsibility of securing the lives and property of the people, on whose behalf it wields powers, many had expected the government to act on the information provided by Davis.

    Everyone was however, disappointed when the Presidency released pictorial evidence a few days later, to the effect that one of those named by Davis as major supporters of the deadly sect, has been hobnobbing with President Jonathan to the extent of accompanying him on a recent state visit to neighbouring Chad Republic.

    President Jonathan’s spokesman, Reuben Abati, denied that the ex-governor was part of the government’s delegation to Chad and presented the government’s side of the story.

    However, Abati’s denial was yet to sink in when reports came in last week, that the same Sheriff stormed Maiduguri, Borno State capital, under the protection of about 200 soldiers provided by the Federal Government, shortly after he had allegedly, at the instance of the Nigerian government, helped broker a peace meeting between the Presidency and representatives of the sect in Mali.

    The outcome of this meeting, it was said, informed the President’s reported assertion that activities of the insurgents will be over by October.

    Observers however, doubt this. They wonder whether the President sees the about- five-year-old insurgency merely as a game which he assigns a terminal date.

    They argued that by allowing the Boko Haram crisis to fester, to the extent that the sect was annexing some parts of the country, the government has failed in its primary constitutional responsibility of providing security for the people.

    The 1999 Constitution, in Chapter 2, Section 14 (2)(b)  states that: “The security and welfare of the people shall be the primary purpose of government.” Section 20 went further to state that: “The state shall protect and improve the environment and safeguard the water, air, land, forest and wildlife of Nigeria.”

    Aside, the government has not made any meaningful effort to ascertain the veracity or otherwise of the claims by Davis. It has also chosen to hide behind the fingers in relation to the recent embarrassing arrest of some Nigerians in South Africa with about $9.3m cash allegedly meant for arms purchase.

    Many argue that the government’s handling of the revelation by Davis and the cloudy nature of the “South Africa deal” support the general suspicion of the state being complicit in the allegation that the Boko Haram crisis has been politicised and that the need to end the security problem has taken a back seat in the face of government’s seeming commitment to the “2015 project.”

    Lawyers, including Femi Falana (SAN), Dr. Uthman Abdulazeez, Festus Keyamo,  Abayomi Omoyinmi and a group, Advocacy for Societal Rights Advancement and Development Initiative (ASRADI) are of the view that the government has not adequately discharged its constitutional responsibility to the people by the way it has handled the security challenge.

    Aside putting a lie to the denial by Sheriff concerning his alleged link with the Boko Haram sect, Falana reminded the government of its many failings. He argued that it was incumbent on the government to investigate the information provided by Davis rather than court those named as the sect’s sponsors.

    He reminded the government that prior to the revelation by Davis, a Presidential panel headed by Ambassador Usman Galtimari, set up by President Jonathan sometime in 2012, to investigate the genesis of the insurgency in the Northeast, had among others, “traced the origin of private militias in Borno State in particular, of which Boko Haram is an offshoot, to politicians, who set them up in the run-up to the 2003 general elections.

    “The militias were allegedly armed and used extensively as political thugs. After the elections and having achieved their primary purpose, the politicians left the militias to their fate since they could not continue funding and keeping them employed. With no visible means of sustenance, some of the militias gravitated towards religious extremism, the type offered by Mohammed Yusuf (the murdered founder of Boko Haram).”

    The panel, in its report, recommended that “the Federal Government should direct the security agencies to beam their light on some politicians who sponsored, funded and used the militia groups that later metamorphosed into Boko Haram and bring them to justice.”

    Falana noted that “owing to the connection of Alhaji Sheriff (the ex-governor) with the Presidency, the security agencies have failed to implement the directives of the Federal Government, which were handed down since May 2012.”

    He threatened to sue, should the security agencies continue to ignore the directive to investigate those behind the insurgents. Falana promised to apply to the Federal High Court for a writ of mandamus (a compelling order) to force the security agencies investigate and prosecute the indicted sponsors of terrorism in the country.

    Abdulazeez is of the opinion that aside the fact that the government has failed in its responsibility of providing adequate security to the people by the manner it has handled the insurgency problem, the people too have been docile in demanding that the government stands up to its responsibilities.

    “This issue, to me, is less legal than social. The government owes it a duty to secure the people’s lives and property. If it fails in this regard, it is left for the people to demand action from the government.

    “As I see it, I think the people need to be more assertive. We need to demand that the government performs its roles and meets its responsibilities to the people. It is left for us to ask, because this group of political leaders today, led by the President, does not care about the wellbeing of the people. It is so unfortunate,” he said.

    On the failed South African deal, the lawyer faulted the government’s position and argued that beyond violating the South African laws, the movement of such volume of cash out of this country equally violated Nigeria’s extant laws on money laundering Act and foreign exchange transactions.

    Keyamo said government’s reaction to the embarrassment in South Africa “is not only ludicrous, it is laughable, untenable and a story only fit to be told to the marines.”

    He argued that the discovery in South Africa was an indication of how public funds are being smuggled out of the country on a regular basis under the guise of security matters and with the active connivance of security agencies.

    “Little wonder, then, that the insurgency, rather than waning, is gathering momentum because certain persons, somewhere, are feeding fat on the situation whilst innocent lives and limbs are being wasted,” he said.

    He wondered why the South African government was not informed beforehand if indeed, the matter involved security issues like the purchase of arms by a foreign government like Nigeria.

    “How could the South African government be sure that the arms were purchased legitimately by the Nigerian government and not by insurgents if they were not officially informed beforehand?

    “The truth is, any transaction the world over that is done by cash, in a huge volume like this and in this manner can only point to one thing: It is an illegal transaction or a transaction for an illegal purpose that is meant to be untraceable.

    “This was a covert, illegal operation that went horribly wrong. The position of the Federal Government is a cock-and-bull story meant to be shoved down the throat of Nigerians, but some of us are not fools,” Keyamo said.

    Omoyinmi said the commitment that the presidency has demonstrated in ending the current security problem is nothing to write home about. He added that very unfortunately, is the fact that election and re-election are top of the agenda for the presidency, thereby losing its focus on genuine efforts in combating the insecurity in the northern part of the country.

    “The government should ensure that its military are well equipped with all types of ammunition needed for this fight. It must take control of Nigerian towns sharing border with countries in the northeast. The military must work in collaboration with security personnel in those countries with equal understanding that the insurgency is not only a threat to Nigeria, but to their countries as well.

    “It is a basic Nigeria constitutional provision that lives and property of every citizen must be adequately protected. The government seems to have succumbed to the fact that they are not prepared and cannot ultimately win this war and that they may have been overwhelmed due to their lack of sincerity, hence their propaganda, which is also lacking in transparency and truth.

    ASRADI, why faulting government’s position on the South African issue, said anything short of a transparent public inquiry would not be acceptable to Nigerians.

    It asked: “What proof is there that those involved in this transaction are not working for Boko Haram?”

    All said, it is no doubt a fact that every responsible government is required to place premium on the security of its people, as against other considerations, particularly a future election when today is yet unsecured.

     

  • ‘How to defeat Boko Haram, rescue Chibok girls’

    hose who become terrorists are often the socially alienated persons who dropped out of society or are condemned as societal misfits, almajirins, area boys, hoodlums, the unemployed, those with spartan education especially youths who place no premium on their lives.  Terrorist groups also brainwash their recruits and it is apparent that this method is the one adopted by Boko Haram to recruit its adherents.

    In his article, earlier referenced Mike Okemi submitted that Nigerians must desist from justifying the activities of the Boko Haram because no matter and whatever the measure put in place we would not get the best result and fast enough unless the society as a whole reject terrorism without any justification.  There is also a need for international collaboration between Nigeria and other countries faced with terrorism to fight it just as there has been urgent need for international effort to solve the problems.  In the tackling of terrorism, information sharing, intelligence and lessons learnt.

    On August 29th, 2014, Mr. Austin Alegeh SAN assumed office as the President of the Nigerian Bar Association having convincingly won election to that office.  In his acceptance speech, he stated unequivocally his concern for the appalling security of the nation and emphasised the urgent need to locate and free the more than 250 SSS 3 students abducted by Boko Haram insurgents in Chibok, Borno State.  The implication of this abduction and the inability of the security network of the state to rescue these girls from captivity has more than anything else, captured the ‘importance’ of our array of security forces.  Foreign collaborators have retreated back to their comfort zone, seeing the northern terrain and being confronted with the reality that the problem can only be resolved by our leadership who have commingled their inordinate desire to perpetuate themselves in power and have unwittingly created a Frankenstein, which even them cannot control.  In absolute frustration, the President of the Federal Republic admitted that some of these insurgents have indeed infiltrated his government and the military, making it absolutely difficult for the government of the day to track down, arrest, prosecute and incarcerate the criminals.

    Having found ourselves in this political quagmire, the mesh and this spider’s web, where there appears to be no escape, our leaders MUST consider all options to resolve this political logjam, and secure the future of our children in order to prove in reality competence, capabilities and justifications of our social contract with them.

    In the circumstances, the security situation in the country requires urgent attention, it has become apparent that the continued survival of Nigeria as a corporate entity would be premised on how quickly the insurgency in the North is brought to an end, the Chibok Girls in captivity are released and normalcy restored in the country.  It is, therefore, extremely offensive that inspite of the ill-fortunes this state of affairs portends, our leadership at the Federal level, the political party in power and cronies of the sovereign-in-power are dissipating their energies in the comedy-of-errors by organizing political rallies and social funfare and questionable documentation of signature seemingly persuading the President and Commander-in-Chief to declare his intention to contest the 2015 Presidential elections.

    These campaigns reveal how obsessed with power the present administration is and its unwillingness to await an electorate scorecard before engaging in spurious filtration and wastage of scare resources of state.  We all need to be circumspect and guard our sovereign rights which reside in us as a people, by virtue of the doctrine of social contract, which states in unequivocal terms that power belongs to the people.

    The United State Under Secretary of State for Political Affairs, Wendy Sherman at the Summit hosted by French President Francois Hollande in Paris stated that the US was committed to supporting the Nigerian government in ensuring that the Girls abducted in Chibok are brought back alive.  According to her, the abducted school girls have become “the girls of the world, not just of Nigeria”.  He added that all efforts are being put in place to ensure that the West Africa sub-region was not turned to a breeding ground for terror. Insisting that the American people “are not putting ‘boots on the ground’ in Nigeria for the girls’ rescue, Sherman noted that only intelligence assistance would be provided.

    Our nascent democracy is piloted on the fact that the people of this country are oblige to monitor the activities of the state to ensure that the government as typified by the executive act for all intent and purposes in accordance with the constitution of the Federal Republic and all other ancillary provisions that ensure good governance, security of lives and property and an enabling environment for self fulfillment.

    The State according to Aristotle exists for the exercise of the qualities which make men good husbands, fathers and heads of households, good soldiers and citizens, good men of science and philosophers.  When the State by its education and laws, written and unwritten, succeeds in evoking and maintaining in vigorous activity a life rich in noble aims and deeds, then and not until then has it fully fulfilled the end for which it exists.

    Contributing to the discourse, Herbert Spencer’s views the state as nothing but a natural institution preventing one man from infringing the rights of another. It is a joint-stock protection company for mutual assurance.  Harold Laski sums it up in what appears to be a modern view in “A Grammar of Politics”, where he submitted that “the state is an organization to enable the mass of men to realize social good on the largest possible scale.  It exists to enable men, at least potentially, to realize the best in themselves”.  These theories of political science was further developed by  Appadorai who pointed that men obey the State because they stand to gain by doing so.  They are conscious that the State has a rational purpose; that purpose is the promotion of social good on the largest possible scale; the achievement of that purpose demands their willing co-operation and obedience to laws.  It is the duty of the State to recognise the citizens rights and give them increasing substance. However, when there is a clear evidence that, over a reasonable period, the State is not doing its duty – in order words, when its actions are not in accordance with its purpose – the individual has the right to ask himself why he should continue to render obedience.  There is a moral right to resist a totalitarian government whose thrust of governance is suspect or a political party of power jobbers, devoid of any decipherable policies to better the lives of their people whose standard of living is abysmally poor.

    The word ‘Sovereignty’ is derived from the Latin word ‘superanus’, which means ‘supreme’.  In this context, Sovereignty may be defined as the power of the State to make laws and enforce the laws with all the coercive powers it cares to employ.  The Sovereign in a modern State such as the Federal Republic of Nigeria can be located in the Executive President and Commander-in-Chief of the Armed Forces.  The enormous power of this office is akin to that of the medieval king who can do no wrong. The fortunes or misfortunes of the people would be determined by the necessary Sovereigns understanding of the dynamics of power and his perception of what end is the purpose for which he was elected.  If the aim is simply for political power of perpetuation in office, the citizens of that State would suffer stagnation and bad governance.

    The Federal Republic of Nigeria has had a turbulent political history from the hoisting of the Union Jack in 1914, the amalgamation, the Republics, military rule and interregnum, civil war and epileptic democratic governance.  All these ills and benefits have resulted in citizens whose system of governance can best be described as a militrocracy, because our attitude of life is semi-militarized and we do not recognize the human rights contain explicitly in Chapter IV of our Constitution.

    There is empirical proof and judicial decisions both local and international with our political class have pilfered the resources of the State, establish institutions to secure their ill-gotten wealth and are more often than not, celebrated by a population whose standard of living is abysmally poor.  Our leaders have consistently failed to establish institutions, enact policies, provide infrastructural upgrades, create employment, provide health care facilities, build houses or provide good governance worthy of celebration by the citizenry.  The benefits of our oil wealth and natural mineral resources are stocked in Swiss bank accounts by irresponsible gangs of thieves, that had either forced themselves in the corridors of power through the barrels of the gun or rigged elections or we have chosen, to further impoverish us.  The resultant effect is consecutive bad governance and social insecurity because of an unproductive populace, not engaged in meaningful productive enterprise, not for lack of desired but because the people to whom power was entrusted have no altruistic intention of using if for the benefit of the people.

  • ‘They shattered glass ceilings’

    ‘They shattered glass ceilings’

    The Chief Judge of Lagos State, Justice Olufunmilayo Atilade and the Deputy Director-General, Lagos Campus, Nigerian Law School, Mrs Adetoun Adebiyi were honoured by their friends on their recent appointments at a dinner in Lagos at the weekend, reports JOSEPH JIBUEZE

    They scaled hurdles on their way up. Different limitations could have shackled them. Their dreams could have died, but these women achievers never gave up. They have reached the top despite social barriers in a male dominated world.

    The Chief Judge of Lagos, Justice Oluwafunmilayo Atilade and the first female Deputy Director-General of the Nigerian Lagos School, Mrs Adetoun Adebiyi, in charge of the Lagos Campus, braced all odds to get to where they are. Theirs are stories of dedication, hardwork and excellence.

    To celebrate them, three of their friends held a dinner at the Oriental Hotel in their honour.

    They are former Nigerian Bar Association (NBA) First Vice-President and Life Bencher Mrs Funke Adekoya (SAN); a leading business lawyer and Fellow of the Chartered Institute of Arbitrators (UK), Nigeria Branch, Mrs Miannaya Essien (SAN), and a former Commonwealth Lawyers Association (CLA) President, Mrs Boma Ozobia, who was recently awarded the national honour of OON.

    The NBA President Augustine Alegeh (SAN), who jovially said he should have been made part of the organisers, praised the celebrators for their accomplishments.

    He said Justice Atilade is expected to do much more than her predecessor and sister, Justice Ayotunde Phillips, did while in office.

    “I believe that Lagos State judiciary needs a lot of work and I know that you’re capable of doing the work. Whatever we can do to foster cooperation between the Bar and the Bench during your tenure we’ll do.

    “Without the Bench there will be no Bar and without the Bar there will be no Bench. So we have to work together. Personally I will pray for you because it is a thankless job, so that you will succeed and we’ll celebrate you at the end,” Alegeh said.

    The NBA President said he would probably have ended up as a “political thug” due to his size but for the benefit of the education he received. He praised Mrs Adebiyi for her commitment to imparting knowledge and moulding characters.

    “The education you give to the children who come to you at the Law School marks a world of difference. It’s like night and day. In the case of the Law School, if they don’t get moulded correctly at that time, they lose if forever. They come into the profession unprepared. They lose interest and they go astray,” Alegeh said.

    He also spoke about the falling standards and the poor state of infrastructure in the Law School, saying NBA would get involved through an education summit.

    “Most importantly, we need to take a position – whether we need government funded law schools, or we need privately owned ones,” he said.

    Justice Atilade said her appointment was by God’s grace as she did not have to “fight” for it.

    “Stepping into her (Justice Phillips’) shoes is a daunting task. I wear size 44 and she wears 42, so it is a tight fit. I’ll do my best to match her record and improve on it.

    “Luckily for me, she kickstarted so many projects. She opened so many doors for me. All I have to do is tweak them. I was right behind her studying and observing everything she was doing,” she said, adding jovially that her sister did not tell her how stressful the job would be.

    Mrs Adebiyi said hers was a long wait. She served as number two to Dr Kole Abayomi for four years and for eight years under Mr Olanrewaju Onadeko, both Deputy Directors-General, Lagos Campus.

    “Many times I thought I should leave, but then I said, look, you’ve been here since 1985… After 29 years, I’ve earned it,” she said.

    Justice Phillips, who retired on July 26, said Mrs Adebiyi is diligent and patient. “Now she can smile like a sage and tell others: ‘In every cloud is a silver lining. This is your cloud, the silver lining is coming.’”

    To her sister, said: “This is your reward for sticking it out from magistrate grade one to chief magistrate grade one. I must warn, this is now where you are going to make your mark. The office itself has a lot of trappings, but do not be swayed by them. The office will remain but you will go.

    “Contribute what you can to the development of the judiciary so that when you retire, you will do so in peace, satisfied that you have laboured.”

    She urged them to be prayerful and to put their “enemies” to shame by being successful, while urging the Chief Judge to run an open door policy even though some will come with “ridiculous demands.”

    Adekoya, who attended the event with her husband, said women, who have reached the top of their careers while also juggling the demands of the home, serve as inspiration to the younger ones and therefore, deserve recognition.

    Justice Atilade and Mrs Adebiyi, she said, “shattered glass ceilings” to reach such career heights despite challenges. “We need to celebrate ourselves. Women are moving upwards.

    “This occasion is to encourage those of us who still need encouragement, and just to let people know that it can still be done and it’s still being done on a daily basis,” Mrs Adekoya said.

    She urged younger women to “fear not” but to “just do it.” “Whether we succeed or not, we’ll be better for it,” she said. She recalled how Justice Atilade began her career on the Bench as a magistrate. “We encouraged ourselves: Just do it,” she said.

    Mrs Adekoya said Mrs Adebiyi “has a passion for teaching,” which kept her at the Law School for 29 years before her present appointment.

    “People thought she was too glamorous and too smart for the Law School, that she’s being wasted there. I even tried to get her out,” she confessed.

    She prayed for their “friendships to continue to flourish; for relationships to continue to blossom; that there will be many more reasons for women to celebrate ourselves and for men to feel more and more threatened.”

    Mrs Essien said the two women were honoured because they are worthy examples to others. “Their lives show that hard work always pays. Patience pays off as well. We’re proud to be celebrating with them.”

    Mrs Ozobia thanked the guests for “a wonderful evening,” and for turning up at short notice.  She praised Justice Atilade and Mrs Adebiyi for their achievements.

    “My Lord Justice Atilade epitomises all of the finest qualities of an extraordinary jurist and administrator.  As Chief Judge, she is the Chief Executive Officer (CEO) of the judiciary of Lagos State.  I personally celebrate her appointment as a testimony to her competence as the fact that her older sister had just completed service in the same role could have worked against her. Fortunately, Lagos chose the high road and gave us M’Lord.  That is one of the many reasons I celebrate today.

    “Mrs Toun Oni-Adebiyi is a living proof that if you are consistent and dependable, eventually, you will be rewarded for your faithfulness. She also played a key in my formative period in the profession as one of my lecturers in the Nigeria Law School.

    “My firm has a mentoring engagement with the Nigerian Law School annually as part of our CSR policy as a result of which I am privileged to interact with her and members of her team and can state categorically that she is a role model and we are proud of her,” Mrs Ozobia told our reporter.

    Also present were Dr Babatunde Ajibade (SAN), Prof Fidelis Oditah (SAN, QC), Chairman NBA Lagos Branch Alex Muoka, his Ikeja Branch counterpart Yinka Farounbi, among others.

     

  • Competition to support Jonathan’s re-election

    The struggle to get onto President Goodluck Jonathan’s re-election gravy train is getting more odious by the day. But the stranglers do not give a hoot. And can anybody blame them? At the last count, there were several hundreds of amorphous groups struggling to gain access to the re-election sauce pan, ensconced in the presidency and most likely hardly differentiated from our commonwealth; such that it became necessary to set up a bureaucracy to re-align the groups. To President Goodluck Jonathan’s goodluck, governors, past and present; statesmen, the real and the fake; legislators, former and present; women and youth organizations, the clergy, Imams, name it; every conceivable group and solidarity name have been coined in the match to support President Jonathan’s re-election at all cost.

    To my utmost surprise and I guess that of many Nigerians, it was announced last week that the National Youth Service Corps (NYSC) members have contributed money towards the purchase of the re-election Form, for President Jonathan. Around the same time, the leadership of the National Association of Nigerian Students (NANS) reportedly also endorsed the re-election project. The same last week, the Peoples Democratic Party Governor’s forum, the Board of Trustees, the National Executive Committee and the Legislative caucus all jointly and severally endorsed President Jonathan as the sole candidate. Even the Governor of Jigawa state, Mallam Sule Lamido, touted to be strategizing within the former President Olusegun Obasanjo’s sub-group, to contest for the PDP’s ticket with the incumbent, appears to have capitulated without even a single bout.

    In what seems to be an acceptance of the several offers to re-contest, even when the Independent National Election Commission (INEC) has not lifted the legal ban on re-election campaigns, President Jonathan finally showed up at the north-east zonal rally of the infamous re-election group, Transformation Ambassadors of Nigeria (TAN). This group which has since lifted the ban on the president’s re-election campaign, regardless of the law, with the active support of the top members of President Jonathan’s administration, while INEC pretends that no laws are being broken; now has every reason to announce to their fellow competitors that the President has shown clearly that they are the first among the rest. With this endorsement, the alleged financier of the group, the wily Ifeanyi Ubah, now has every reason to prime his proboscis for a reactivation of his bruised business empire.

    To show how stiff the competition for the President’s recognition had been, the current governor of Anambra state, Willy Obiano, who fought for the governorship with Mr. Ifeanyi Ubah few months ago, has been struggling with his political mentor, Peter Obi (Okwute) for control of All Progressive Grand Alliance’s (APGA) brand for the President’s re-election, the Join Jonathan Journey (JJJ). With the chairman of the party Chief Victor Umeh, ditching his former comrade, Peter Obi, and pitching his political tent with the incumbent governor, it appears settled that the group is the authentic APGA’s contribution to the President’s campaign. The next challenge will now be whether the governor’s JJJ will be content with playing behind Ifeanyi Ubah’s TAN; after all, since the governor defeated Ubah at the polls, nobody can doubt between the two, who has more followership in the state. The other challenge will be what position the President will place his ardent supporter (maybe, now former) Peter Obi in all the shuffling for the leadership of his supporters in Anambra state.

    Knowing the business ingenuity of Mr. Ubah, it is just possible that he is already weighing his chances as to which Ministry is the juiciest, should his investment yield result, with a re-elected President Jonathan in power, after the 2015 elections. As a forward looking people, his business brothers particularly from Anambra state, may already be falling over themselves trying to position themselves for the inevitable juicy contracts that is sure to follow, when the leader of TAN is appropriately rewarded for his ingenuity and foresight, with a Ministerial appointment. If you are a doubter, then you need to remember that this ingenuity originally belonged to Princess Stella Oduah of the Neighbour to Neighbour campaign organization of the 2011 election fame, who became the Minister for Aviation.

    Another interesting challenge for the nation will be what to make of the organized partisanship bequeathed to the members of NYSC, by the president’s men. Now, with the group officially portrayed as canvassing for the re-election of President Jonathan, and even supporting the bid with cash, can they be trusted to further play the role of an umpire as ad hoc staff of the INEC during elections? Obviously those who organized the fund raising by the corps members in support of the re-election movement, failed to consider the effect of such show of partisanship on the role the NYSC has been playing since the birth of our current democracy, in 1999. So when President Jonathan’s opponents claim that the members of NYSC are biased in favour of the President, in any election dispute, the facts surrounding their financial support will form a supportive evidence of such bias.

    Now, with the PDP settling for endorsements by all relevant caucuses, prior to their presidential convention in December, the party will likely have a rancor free convention. Again with all relevant agencies and stakeholders cajoled into supporting the re-election bid of President Jonathan, the man seems certain to coast home to victory, with the question of his performance in office, becoming totally irrelevant. That perhaps explains the struggle by all and sundry to get on the gravy train; not to talk of the attraction to the bulging purse at the disposal of the campaigners. Indeed, the likelihood of President Jonathan’s return in 2015 is made more certain, as the All Progressive Congress (APC) struggles to choose its presidential candidate, with the potential rancor.

     

  • Agency, rights commission seek end to female bombing

    The United Nations High Commission on Refugees (UNHCR) and the National Human Rights Commission (NHRC) have deplored the increasing usage of young females as suicide bombers by the extremist group, Boko Haram.

    As a way out, they called for increased awareness among the nation’s youths on the need for peace building and harmonious relationship among members of every society.

    The UNHCR representative to Nigeria and the Economic Community of West African States (ECOWAS), Angele Dikongue-Atangana and Executive Secretary, NHRC, Professor Bem Angwe said these during a visit to the NHRC’s Abuja office by a group of children.

    Prof. Angwe said it is imperative on every adult member of the society to inculcate the spirit of love, peace and harmonious relation in young children. This, he said, could serve as an antidote to hatred and violence which breed insecurity.

    He said it was important for parents to give their children a sense of responsibility from the scratch by involving them in the process of mediating and resolving conflict situations. This, he added, will help make them responsible citizens, capable of contributing to prevention of rancour and violence in the society.

    NHRC’s Chief Press Officer, Fatimah Agwai Mohammed, in a statement, quoted Dikongue-Atangana as saying sustained peace in the country was important for the development of the African continent.

    She urged Nigerians and the country’s leadership to do all to ensure peaceful co-existence among the people, because “what affects Nigeria affects Africa at large.”

    Mrs. Kate Alkali, who led the children, said though conflict was inevitable in every human society, efforts must be sustained to minimise conflict in view of its negative implication if left uncontained.