Category: Law

  • Police arraign 31-year-old man for N8.7m ‘theft’

    A31-year-old man, Temitope Akinpelu, has been arranged before an Ikeja Magistrate Court for  allegedly breaking into a shop  and stealing  valuables worth N8.7 million.

    Akinpelu, who was arraigned last week before the court presided over by Magistrate Mrs. Olufunke Hamzat, is standing trial on a three-count charge of burgling into a building, committing felony  and stealing.

    The Prosecutor, Roman Unuigbe, aPolice Inspector, told the court that the accused and others at large, committed the offence at 8 p.m on April 15, this year at Shop B12, Ikota Shopping Complex, Ajah, Lagos.

    He alleged that the accused broke into a shop and stole N2.8 million, $14,000 , 3,000 Pounds, 4,500 Euro and jewelries valued at N1.8 million, property of Alhaji Ibrahim Kaslim.

    Unuigbe said value of the stolen items was N8.7 million, adding that the offences contravened Sections 285, 306 and 307 of the Criminal Law of Lagos State, 2011.

    He urged the court to impose the penalty for the offence on the defendant, which he put at seven years if convicted.

    The defendant, however, pleaded not guilty when the charges were read.

    Mrs Hamzat granted the defendant bail in the sum of N500, 000 with two sureties in like sum.

    She adjourned the case till October 13, for mention.

  • How to end insecurity, poverty, by lawyers

    How to end insecurity, poverty, by lawyers

    The Ebola did not scare lawyers away from the 54th Nigerian Bar Association (NBA) Annual General  Conference in Owerri, the Imo state capital, last week.  No fewer than 7000 of them, including House Speaker Aminu Tambuwal and Minister of Justice and Attorney-General of the Federation Mohammed Bello Adoke (SAN), gathered to examine the theme: Nigeria, a 100 years after. The highlight of the event was the passing of the NBA leadership baton from Mr Okey Wali (SAN) to Mr Augustine Alegeh (SAN), who unveiled some  reforms in his agenda. JOSEPH JIBUEZE reports.

    It is a gathering which lawyers look forward to yearly. Since this year’s annual general conference of the Nigerian Bar Association (NBA) coincided with the country’s centenary celebrations, its theme was: Nigeria, a 100 years after.

    Not even the fear of Ebola could scare the lawyers from attending the conference on large number.  No fewer than 7000 of them were in conference.

    President Goodluck Jonathan, represented by the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN), opened the week-long event, which was chaired by former Head of State  Gen. Yakubu Gowon. A historian, Dr George Kwanashie gave the keynote address.

    The conference featured a showcase session with discussions by Delta and Imo State governors Dr Emmanuel Uduaghan and Owelle Rochas Okorocha on the topic: Nigeria’s biggest problem: Corruption or impunity?

    NBA subdivisions, such as Judges Forum, Section on Business Law, Section on Legal Practice, Section on Public Interest and Development Law, Human Rights Institute, British-Nigeria Law Forum, Military Law Forum, Academic Forum, Women Forum, Corporate Council Forum, Young Lawyers Forum, Lawyers in the Legislature Forum, Lawyers in the Media Forum and NBA Anti-Corruption Commission, also held separate sessions.

    Delivering the president’s speech, Adoke said security agencies  were working hard to check the activities of Boko Haram  and prevent the sect from spreading its tentacles to other parts of the country.

    “The challenges are enormous and all Nigerians must appreciate the difficult circumstances under which our security forces are operating.

    “Government has, however, insisted that the war against terrorism and insurgency must be fought without sacrificing the tenets of the rule of law,” he said.

    The minister explained why President Jonathan asked for $1 billion to fight terror.

    “It is beyond doubt that a lot resources are needed to equip and re-train our security forces for this challenge. This request for the sum of $1billion recently made to the National Assembly is to enable government to fully equip our armed forces for the war against terrorism and insurgency…”

    He urged Nigerians to remain united and to appreciate that terrorism is a global phenomenon which requires concerted efforts of all nations of the world.

    “Equally important is the need to forge a united front to combat the common enemy. Terrorists would rather have us divided along sectional, religious and political lines as the division would not only help their cause, but also further diminish our efforts to collectively and effectively wage war against them,” he said.

     

    ‘I see worsening poverty’

    Tambuwal said the common man’s life is yet to experience any positive change, despite a purported economic growth, which he attributed to what he called “a circle of error.”

    “We suffer gross infrastructural deficit. We are growing our socio-political and economic institutions with perplexing reluctance.

    “Our overall economic growth and indices speak contrastingly with our human development indices, yet true development is people-centered.

    “When we celebrate magnificent growth indices in the face of worsening abject poverty, the true implication must be that there is something fundamentally wrong.

    “What the nation needs desperately now is to extricate itself from this circle of error and I dare say that we possess the capacity to do so,” Tambuwal said.

    He said although he is part of government, he speaks on “governance failings” because he believes “the greatest disservice that man can do to himself and society is to indulge in self deceit.”

    “If I see magnificent growth indices and after traversing our rural communities what I see is worsening poverty I should have the courage to tell myself the truth no matter how bitter,” he said.

     

    Nigeria is not a lightweight”

    For Gen. Gowon, despite the country’s challenges, Nigeria deserves regard for having existed for 100 years.

    “Without argument, any nation or institution that attains the century landmark cannot be seen a lightweight. Neither can it be treated with disrespect, regardless of whether or not the positive achievements in society outweigh the challenges of nation building or vice-versa,” Gowon said.

    He, however, admitted that there is still a long way to go. “Nigeria at 100 years of age has not achieved its full potential,” he said.

    Part of the problem, he said, is a conflict of ideologies. “For me, the issue is not to say who is right or wrong but what is right or wrong.

    “One of the issues that may not easily lend itself to easy resolution in this regard is the conflict of ideologies between liberal democracy and sharia… I am confident that the conflict can and should be resolved by the reconciliation of both ideologies,” he said.

    Chief Solomon Asemota (SAN), said the two ideologies must be reconciled in the country’s interest.

    “We must celebrate our diversity and fight to enshrine national unity and reconciliation, factors that are necessary in shaping Nigeria’s two ideologies Islam and liberal democracy and the relationships between them.

    “The Sharia proponents, as has been shown are at war with the Constitution.  There is need therefore for reconciliation of the two ideologies if it is possible,” he said.

    On how to achieve such a reconciliation, he suggested: “For the future peace and development of Nigeria that would include industrial revolution, the NBA must promote the following actions:

    “(1) Draft two bills for the consideration of the political parties viz: (I) Reconciliation Commission Bill very much like the Truth Commission Act of South Africa with emphasis on Ideology and Reconciliation; (II) A Constituency Assembly Bill with emphasis on Ethnic Representation in which every Ethnic Nationality must have not less than one and not more than ten representatives.

    “These two drafts should be sent to all the political parties interested in the 2015 elections for their consideration and the political parties should eventually make same the bases of their campaign,” he said.

     

    Okorocha’s unique economic theories

    The showcase session featured Uduaghan and Okorocha, who thrilled guests with their sense of humour.

    Uduaghan said anger is at the heart of Nigeria’s problems, including insecurity. He urged politicians to get rid of anger and watch things change for good.

    According to him, the opposition All Progressives Congress (APC) has become the “Angry Peoples Congress” because it is where those angry with the ruling Peoples Democratic Party (PDP) go to.

    “When you’re angry with the PDP, you go to APC. That is what is happening now,” Uduaghan said.

    But Okorocha, who is in APC, disagreed. “Let me say to my colleague: I’m not angry,” he said, adding that Nigeria is in need of good leadership.

    There was a mild drama when Okorocha’s speech was interrupted as Uduaghan got up to leave. It was while the Imo governor was highlighting his state’s “meagre” allocation compared to what the likes of Akwa Ibom and Delta get.

    Okorocha spoke about governors who are “executive cashiers” and those who create wealth, saying government is not about awarding contracts but transforming the common’s man’s life.

    He also explained the economic principle of “Rochonomics”, “Kwashiokorism” and “Ohasierism” which he propounded.

    He said: “Rochonomics is an economic theory for the supersonic transformation of the country,” he said. According to him, Nigeria has a “big head” with a “bulging tummy” and tiny legs.

    “Nigerian economy is suffering from what we call kwashiokorism. It’s not balanced. Let me ask you, gentlemen: if you see a woman with a big head, bulging tummy and feeble legs, you will not marry her. But if you see a woman with a small head, moderate tummy with a big balance, you will marry.

    “That’s why nobody can marry Nigerian economy. That calls for systematic devolution of power to shed this big head, bring it back to the legs so it can move fast.

    “That is what is called Ohashierism (meaning Oha siere ofu onye, ofu onye agaghi ericha) (A person cannot finish the food cooked by many people).”

    According to him, most leaders do not have the vision or the passion to move the country forward, adding that a man who cannot manage resources cannot manage a nation.

    “You cannot give what you don’t have. You cannot go beyond your capacity. That is why we must allow people who have the vision to lead us irrespective of where they come from.

    “Governance is not about Federal allocation. It’s about ability to create wealth. Any leader who cannot make sacrifice has no business in governance,” Okorocha said.

     

    Alegeh’s ‘populist’ policies

    A new NBA leadership led by Augustine Alegeh (SAN) was inaugurated. The new NBA President reversed some of the policies he inherited from the outgoing president Okey Wali (SAN).

    First, he said all lawyers who have been verified in the NBA Data Base shall be issued with NBA Identification Cards.

    The card would contain name of the lawyer, photograph and Supreme Court Enrolment Number. The card would also function as a payment card for ATM, POS and online transactions.

    The card would entitle a lawyer to a variety of discount and other packages negotiated by NBA. The best news is that the card would be issued free of charge to lawyers.

    Alegeh also reduced Bar practising fees by 10 per cent for all lawyers except SANs.

    He surprised the packed hall by slashing the association’s conference fees by 40 per cent from what was paid for the 2014 conference.

    Alegeh condemned what he described as the “secret shrouded” appointment of judges, and called for a system that is more transparent where merit rather than cronyism is the basis for appointments and promotion of judicial officers.

    “The fight to rid the judiciary of corruption would remain a mirage unless and until the appointment and promotion system is reviewed.

    “We cannot expect judicial officers appointed through the back door to be incorruptible especially at this time when those who arranged the appointments have retired but rather than stay quietly at home to enjoy their retirement, now masquerade themselves as consultants in cases where they have never seen the court processes.

    “Their main claim to fame and consultancy fees remains the fact that the judge is ‘my boy’. This is utterly disgraceful. It should be discouraged. It should be condemned,” Alegeh said.

    He called for the passage of the several justice sector bills pending before the National Assembly, which, when passed, would enhance justice delivery system in Nigeria.

    On the Petroleum Industry Bill (PIB), he said: “A child conceived at the same time as our PIB would have finished school, started work and be married with children by this time.

    “Countries that came to Nigeria to get a peek at our PIB when it was conceived has since passed and amended their PIBs several times.

    “We are a country dependent essentially on petroleum and yet our National Assembly is playing poker with our collective fortunes and future.

    “I believe we still have men of integrity, courage and valour at the National Assembly and I call on them to take up the challenge of ensuring that the PIB is passed without further delay,” Alegeh said.

    He expressed doubts that the $1billion being sought for the military would have any positive effect on the war against insurgency.

    “It is surprising that the military only realised in the middle of the insurgency that they had no weaponry. Strange, indeed!

    “The military should at least help locate and free the Chibok girls to redeem our collective pride. That is the least we expect from our military,” he said.

     

    Lawyers conquer Ebola fear

    Prior to the conference, there were calls that it should be cancelled to prevent the spread of Ebola. However, all participants were screened for the virus before being allowed into hall, while hand sanitisers were provided.

    Lawyers were not afraid to shake hands and hug each other. It was as if Ebola was not a factor.

    “We must also thank God for keeping Ebola away from this conference,” Alegeh said.

    However, lawyers complained of not receiving conference materials in time, despite the “high fees” charged by Wali’s administration. Besides, nearly all the sessions started behind schedule.

     

    Statutory reports

    A highlight of the conference was the annual general meeting, where NBA announced that it has a cash balance of over N131million in its account.

    Statutory reports were also presented by the Council of Legal Education, Legal Aid Council, Nigerian Institute of Advanced Legal Studies (NIALS), Corporate Affairs Commission (CAC) and National Human Rights Commission (NHRC).

    The Nigerian Law School said it would not close down its unfenced campuses in Kano State and Yola in Adamawa State due to insurgency in the Northeast.

    The Council of Legal Education (CLE) has been under pressure to close the campuses following the kidnap of the school girls in Chibok, Borno State, on April 15.

    The two campuses are said to be unfenced, making them even more vulnerable

    But the Law School Director-General, Olanrewaju Onadeko, said so far, there has been no incident that justifies the fear expressed about those campuses.

    He said the management had embarked on fencing of the campuses “to forestall their apparent vulnerability”.

    Onadeko said: “We have also secured the support of the Inspector-General of Police, Chief of Defence Staff and the State Security Services for the deployment of plain clothes officers and men to the precincts of all our campuses.

    “Within our modest means, we have also acquired and deployed modern security gadgets at all campuses. We also have in place CCTV camera at strategic locations on the advice of our security experts to aid the operation of our security personnel.”

    Onadeko said the Law School is also faced with the challenge of violation of admission quota by law faculties of universities.

    He also bemoaned increased number of applicants from “foreign universities” such as those in the Republic of Benin, Ghana, Cameron, Saotome and Principe, among others. He said the school would admit only law graduates from faculties whose programmes are recognised by the Council of Legal Education.

    “There is a moratorium on recognition of programmes of new foreign faculties in place,” he said.

     

  • Lawmaker faults exclusion from SAN rank

    The practice of excluding lawyers in the legislature from being awarded the rank of Senior Advocate of Nigeria (SAN) is discriminatory and should stop, Chairman, Senate Rules and Business Committee, Senator Ita Enang, has said.

    He described as unfortunate the fact that lawyers in the National Assembly or state Houses of Assembly are not accorded the same privileges and recognition as their counterparts in advocacy or academics.Enang spoke in Owerri at the Nigerian Bar Association (NBA) Annual General Conference during a session by Lawyers in the Legislature Forum.

    It had the topic: The Nigerian Legislature and the role of the lawyer in the law making process.

    Section 5 (7) (2) of the Legal Practitioners Act (2012) states that the SAN rank is conferred primarily on legal practitioners who have distinguished themselves as advocates or in exceptional cases, on academics who have made substantial contributions to the practice of law though teaching and research.

    Enang argued that the law was made during the military era when the legislature was non-existent and when significant contribution by lawyers to the legal profession through lawmaking and legislative advocacy were not contemplated.

    The senator called for an amendment, saying after all, lawyers in the National Assembly playi critical roles in making the laws and Constitution amendments on which courtroom advocates base their practice and from which academics teach their students. “How about the law maker?” he asked.”

    The Chief Justice of Nigeria and the Legal Practitioners and Privileges Committee should review and relax the rules to accommodate legislative practitioners and advocates among persons who could be honoured with the privileges of the Bar,” he said.

    Enang said despite the fact he, as a lawyer, had served as a Councilor, House of Assembly member, House of Representatives member and Senator, his application for SAN rank was rejected, even though he hopes to re-apply.”I was sifted out and the committee appeared dazed that they did not know if I was applying as an advocate or as an academic,” he said.

    He added: “The award of the rank would encourage legislators who are lawyers to know that even out of, and away from the courts, their contribution to sound law making and refining legislative impurities are still being watched and appraised for possible honour by the Privileges Committee and they would put in research, industry and ingenuity in law making, thus reducing inconsistencies in laws made and ensuring certainty and quality of legislation.”

    Clerk to the National Assembly, Alhaji Salisu Maikasuwa said lawyers who draft legislations engage in a highly technical aspect of law that requires competence.”A failure to properly translate the substantive policy into the appropriate law adversely affects the policy,” he said, adding that government policies through legislation are not likely to be achieved where there is no clarity and accuracy in the drafting of the laws.

    “The lawyers are like midvives in the birth of laws and so it behooves them to strive hard to help bring forth laws that are effective, clear, precise, intelligible and capable of only one interpretation, which is the true purpose and intent of the policy as envisaged by the policy initiators,” he said.

     

     

  • The Nation’s man is NBA forum’s chair

    The Nigerian Bar Association (NBA) Lawyers in the Media (LIM), Forum has elected Mr John Austin Unachukwu as its chairman.

    The election took place during the NBA Annual General Conference in Owerri, Imo State capital.

    Unachukwu, The Nation’s Legal Editor, is the immediate past NBA Assistant Publicity Secretary.

    Other officers are Mrs Vera Chinwuba (Vice-chairman), Adam Adedimeji (Secretary), Wunmi Obabori (Assistant Secretary),  Jude Igbanoi (Treasurer), Adelannwa  Bamigboye (Financial Secretary),  Theodora Kio-Lawson (Welfare Officer) and Francis Famuroti (Publicity Secretary).

    Other Officers  are  Muritala Abdulrasheed and  the immediate past Chairman of the forum, Mr. Charles Odenigbo  who were elected  Ex-Officio members of the Forum.

    Unachukwu thanked members for the confidence reposed on him and his fellow  officers to serve the association at this critical time in its history.

    He praised Odenigbo and his team  for keeping the flag flying in spite of the challenges they faced in the last three years.

    Unachukwu promised to consolidate on the success recorded by his predecessors  in office and pledged to  co-operate with the leadership op the NBA to achieve the aims and objectives of LIM’s founding fathers of LIM for the over all interest, welfare and wellbeing of members.

  • NBA section elects new officers

    The Nigerian Bar Association (NBA) Section on Business Law (SBL) has elected new officers and members pof governing council to run its affairs for the next two years.

    The election took place in Owerri, Imo State capital during the annual general conference of the Nigerian Bar Association (NBA).

    The new officers are Mr. Asue Ighodalo (Chairman), Mr. Olumide  Akpata (Vice chairman), Mr. Seni Adio (Secretary) and Mrs. Priscilla Ogwemoh (Treasurer).

    Mrs. Funmi Roberts, Mr. Chuka Agbu (SAN),  Mr. Moyosore  Onigbanjo (SAN), Mr. Ayuli Jemide, Mr. Mena Ajakpovi, Mrs. Funke Agbor, Mr. Soji Awogbade, Dr. Ibe Kachukwu were elected as council members.

    Immediate past chairman, Mr. Gbenga Oyebode, thanked the members for the massive support given to him during his tenure.

    He urged them to support the new  executive, and expressed confidence that the with the smooth transition, the new officers and council members would fly the section’s flag and achieve its aims and objectives.

    Oyebode said he has no doubt that if given the desired support, the Ighdalo led exco will surpass  the achievements of the past administration.

    He said Ighodalo was part and parcel of the past executive,  and was in fact one of the engines that powered his administration.

  • ‘Deployment of soldiers for election duties illegal’

    It is ultra-vires (outside) President Goodluck Jonathan’s powers to deploy solders during elections, a human rights group, One Voice, has said.

    In a statement by its media committee chairman Pastor Deji Adeleye, the group said the police is being undermined by the deployment of soldiers to maintain law and order during elections.

    “OneVOICE, acting in consultation with some of the best legal luminaries in the country, believe that it is illegal and ultra vires the part of President Jonathan to deploy the military to maintain law and order during elections.

    “It is incongruous with sections 215 and 217 of the Constitution which made it abundantly clear that the power of the President to deploy Armed Forces for internal security is limited to the suppression of insurrection, including insurgency and aiding the police to restore order when it has broken down.

    “The use of soldiers during elections is ill-advised. Instead, the police should have been strengthened to discharge the duty of ensuring internal security while the military is restricted to the defense of the Nation’s territorial integrity.

    “What militarisation does is to invoke fears on voters to make them not consider participating in the election thereby disenfranchising them,” One Voice said.

    The group said the coercive apparatus of the state constitutionally mandated to maintain law and order is the police, not the military or the Department of State Security (DSS) whose legal existence is unknown to any law in Nigeria, or masked persons.

    “Indeed, the duty of the military is to defend the territorial integrity of the country or quell insurrection in any section of the country where the Police has proved incapable of handling the situation.

    “ONEVOICE is, therefore, demanding a stop to the use of the military and DSS operatives in subsequent election including the 2015 general elections,” it said.

    The group also condemned the current gale of impeachments and attempted impeachments of state governors, saying: “The road to the present democratic dispensation in Nigeria is undoubtedly a tortuous one and we cannot afford to allow our democracy to come to peril.”

    The development, the group said, has grave implications on constitutionalism and the rule of law, especially as laid down constitutional rules are being violated and trampled upon with impunity.

    It added that unlike America where impeachment is the last resort when all other options had failed, the reverse is the case in Nigeria.

    “It is always the first option with the legislators threatening the president or state governor at will.  To date, only twice have the American congress impeached the President since 238 years ago that America gained independence.

    “Although no Nigerian President has been impeached, many State governors have been sacked through impeachment since 1999 under the present dispensation. Under the former President olusegun Obasanjo, two governors, Joshua Dariye of Plateau State and Ayo Fayose of Ekiti State were impeached.

    “Under President Jonathan, impeachment notices against many governors have become very rampant. Indeed, political watchers see this method as a subversion of the constitution which portends danger for the political stability of the country,” One Voice said.

  • Lawyers reject Wali’s constitution amendment

    Lawyers have rejected attempts by the immediate past President of the Nigerian Bar Association (NBA)  Okey Wali (SAN) to effect fundamental changes in the constitution of the association and alter its leadership and administrative structure.

    This brings an end efforts by the immediate past two regimes of the association to restructure the secretariat and model same after the International Bar Association (IBA ) structure.

    The restructuring of the secretariat   whittles down the powers of elected national officers of the NBA and vests them on the secretariat staff headed by the Executive Director, who is at the beck and call of  the President.

    Under the Wali administration, elected NBA national officers were mere observers.

    They were addressed as national officers by name but had no powers to act in their respective offices.

    They   had no offices at the NBA secretariat from where to perform  their statutory duties. In effect, the last administration made them almost redundant.

    NBA national officers including the three Vice-Presidents had to ride in cabs while in Abuja on NBA duties while official cars are parked at the secretariat.

    However, Wali’s bid to institutionalise what many have come to see as an anomaly was roundly rejected by the lawyers.

    They rejected 24 out of his proposed 33 amendments to  NBA  constitution. Presenting his report,  chairman of the committee, Mr.Okey Amechi (SAN) thanked lawyers for the  confidence reposed on him and his committee during the conduct of the last NBA elections when lawyers voted simultaneously for election of new officers and constitution ammendment.

    The proposal to introduce Associate membership into the association was rejected with all the purported advantages and privileges. The proposal for the association to publish on its website the names of defaulting lawyers in the payment of Practising fees by the fist of April as provided by the Financial Secretary was also rejected.

    Also rejected was the proposal to appoint an Executive Director of Administration who shall be in charge of the Directorate of the association with all the responsibilities attached thereto. The power of the President to appoint and remove such Executive Directors was also rejected. The proposal to stop any of the NBA branch of the NBA from instituting legal action kin court  against the association without first having such a dispute heard and determined by the President or a Committee set up for that purpose or the NEC of the NBA was also thrown into the dustbin.

    Wali’s  proposal for the National Executive Committee to remove from office any erring  National Officer found guilty of any misconduct was rejected but the proposal to remove from office any National Officer who commits fraud or becomes bankrupt or insolvent was approved. Also approved was the amendment to remove from office an officer who accepts appointment from any arm of the government ( except as a member of an adhoc committee or panel), the proposal to remove an officer who is convicted of any offence by a Court of competent Jurisdiction was also approved.

    Also approved was the proposal to remove from office, any officer who: breaches any of the provisions of the Code of Conduct for officers duly approved by the NEC,  or who engages in public misconduct owing to intoxication by alcohol, drugs or other intoxicants or stimulants or any bestial acts; who engages in any Act of behaviour that brings or is likely to bring the association into disrepute; acts of disobedience to the association, NEC, the President or any of its organs.

    Provided,  however, that such officer may be removed from office by two thirds majority of NBA NEC members present at a meeting of the NEC where the matter is raised.

    The proposal to abolish the offices of the Assistant Financial Secretary, Assistant Publicity Secretary and Second Assistant Secretary  were also rejected by lawyers.

     

     

  • Woman charged with ‘stealing’ car

    A Lagos businesswoman,Omolola Shittu, has been charged to court for allegedly stealing a Honda Accord car. But the woman in her defense said her decision  to end  a two-year-old relationship with her lover, Prince Hilary Unachukwu,  was  responsible for charges. The case is before an Igbosere Magistrate Court, Lagos. Charged along with her was another woman,  Rapheal Oge.

    Shittu, an event planner,  was arraigned on August 11, this year,   alleged to have stolen a Honda Accord Saloon Car, otherwise known as “End of Discussion”.

    She, however, petitioned  the Lagos State Commissioner of Police, Umaru Manko, an Inspector-General o0f Police (AIG),  to prevail on her  enstranged lover, Prince Unachukwu to stay out of her life to enable her move on.

    Shittu and co-defendant have a  three-count charge preferred against them, but they pleaded not guilty before Chief Magistrate, Mrs.  Adeola Adedayo. Politics solely for material gainIn Suit No. A/38A/2014, the defendants were alleged to have  conspired to commit felony to wit: stealing of the said car valued at N1.6 million and thereby commiting an offence punishable under Section 409 of the Criminal Laws of Lagos State of Nigeria, 2011.

    The second count reads: “That you Omolola Shittu on January 19, 2014 at about 7:00am at No. 14 Eric Manuel Crescent, off Bode Thomas, Surulere, in the Lagos Magisterial District, did steal Refrigerator (N72, 500:00) Gas cooker (N85, 200:00) TEC Generator (N66, 500:00) Washing Machine (N120, 800:00) TEC Generator (N91, 200:00)  valued at N503, 200:00, the property of Prince Hilary Unachukwu.”

    The third count reads:  “That you Omolola Shittu, on the same date, time and place in the aforesaid magisterial district threatened the life of one Prince Hilary Unachukwu with scisors and thereby committed an  offence punishable under section 508 of the Criminal Laws of Lagos State of Nigeria 2011.

    The defendants pleaded not guilty to the three-count charge and were consequently granted bail  and the matter was  adjourned till September 8.

    They had earlier been arraigned on July 2, on the first two charges.

    In her petition to Manko, dated July 15,  signed by her counsel, Mrs.  Iyabode Shonubi, titled: “Threats to the Life of Omolola Shittu” Unachukwu was alleged  to have sought reconciliation with her, but she refused.

    The petition reads in part: “Due to our client’s refusal to accept Prince Hilary’s return into her life, Prince Unachukwu  framed up several untruths including accusing our client of stealing household items and a Honda car. The charge is before the Chief Magistrate Court, Igbosere and was filed by officers at Zone ll, Nigeria Police Force.”

    Addressing a press conference during the weekend, Shittu, who spoke through her lawyer, Shonubi  claimed that the car  allegedly  stolen was presented to her by Prince Unachukwu as valentine gift on February 14, last year and that the receipt  had her name on it.

    Shonubi said her client was first arraigned on July 2, but the matter was adjourned till July 21. She said on the next adjourned date when Shittu  was supposed to appear in court, Prince Unachukwu allegedly called her and gave her the impression that the matter has been settled amicably, but only for them to get there and realised that another charge had been brought to include threat to Prince Unachukwu ’s life.

    “If she had not gone to court on that day, the implication on that adjourned date would mean that the magistrate would issue a bench warrant for her to be arrested. Despite her being in court as an obedient citizen, the magistrate re-arrested her in court and said the previous bail was terminated. We persuaded the magistrate that our client should continue on the previous bail, but she said no, that we needed to arrange for another bail,” Shonubi said.

    Shittu, who fielded questions from journalists during the press conference,  lamented  that  she was subjected to various maltreatment while in custody at Kirikiri female prison.According to her,  a prison warder shaved her hair the first day she got there, made her to pack faeces, gave her a portion of grass to cut, gave her inmate’s uniform to wear and had  her photograph taken in spite of her not been convicted of any offence.

    “I was arrested at Zone 2 on June 20, this year and spent three nights before they took me to Igbosere Magistrate Court. The police came to my house to arrest me. I was taken to Kirikiri Prison on August 11, after my second arraignment at Igbosere Magistrate Court, on a fresh charge,” she said.

    Omolola, who gave a graphic details of her ordeal in the hands of her estranged lover, said she went through hell during the two years their affairs lasted, saying that he kept threatening her each time she told him she was no more interested in the r4elationship.

    She alleged that  her lover threatened to  use his connection with the police to keep  bringing different charges against her until she is finally sent to jail. Shittu alleged that she did not enjoy any protection from the police on the matter at the Bode Thomas Police Station and Panti Police Station, Ebute Metta, claiming that on one occasion she visited  Panti, she was handed over to ASP Adegoke to handle the case. “The statement I wrote at Panti was taken to Prince Unachukwu. He came to show me the statement at home, asking me if I thought any policeman could arrest him. He said while he was in his office, one of the police officers brought the statement to his office, that he should look at the statement. “

    She urged the Commissioner of Police to use his office to call her former lover to order, pointing out that  her life and that  of her nine year-old-son are at stake.

    “I have not been sleeping in my house for the past few months now because he has been threatening to kill me. My son’s life is in danger. People around me, their lives are in danger. My own life is in danger too. Anytime I am going out, I am always looking left and right as if people are running after me. He has been calling and sending threat messages that except he is not Hilary Unachukwu, that is when I can survive. My life is at stake, my child’s life is at stake.”  When  The Nation contacted Prince Unachukwu  on phone , he declined comments, but said: “ You should ask her  what took her to Zone 2. You should ask her  what took her to Kirikiri. Thank you very much, God bless you.”

     

  • NBA is alive, says Alegeh

    NBA is alive, says Alegeh

    It is to the Glory of God that we gather here today to witness the change of guard in the leadership of our great Association the NBA.

    The event we witness today is a great work of God that has again confirmed that God is omnipotent and all powerful. While many are still confounded at the work of God, true believers rejoice for they always had faith that all promotion, progress and elevation come from God.

    God who has made it possible for me to emerge as the 27th President of the NBA will grant me all the wisdom required to effectively discharge the duties of the Office of NBA President effectively and to the glory of his name. The people rejoice when the righteous are in Power.

    The powers and duties of the NBA President are both wide and almost absolute. Consequently, the exercise of such powers must be exercised with a high sense of responsibility, with caution, honesty, and integrity but above all, must always be exercised in the best interest of the Association.

    The NBA is the leader of all civil societies and Professional bodies in Nigeria and the entire Nation looks up to the NBA for leadership and guidance in all matters of national importance and interest. The NBA constitution empowers the NBA President to speak for the Association and for all lawyers. In effect the NBA President is the lead spokesperson for millions of Nigerians. I trust that God who made this possible will give me clear and lucid thoughts coupled with a very loud voice to fulfil this crucial role.

    I accept the great trust and responsibility of the members of NBA in electing me into office as the 27th President of the NBA and I hereby make a firm and solemn promise exercise the great powers of the office and carry out the duties attached thereto in the very best interest of the Association and the overall interest of our Country, Nigeria and Africa.

     

    The incoming executive

    The 2014 elections were contested more fiercely than any elections before. The level of desperation, the number of petitions and the introduction of smear campaign attained a level never seen before and we pray would never be seen again.

    I must congratulate all the noble and learned gentlemen and ladies who were victorious at the elections and now constitute the National Officers of the NBA. I wish you all success and wish us all wisdom from God in the discharge of our duties as National Officers of the NBA. I trust in God that with wisdom there would be no infighting, back stabbing, back biting and idle talk in the National Executive. I pray that peace and brotherly love would guide all our interactions so that we can together deliver on our promises and leave the Association better that we are meeting it.

    It is important for all National Officers to study our Constitution to enable them fully appreciate the duties of National officers.

    I urge you to join hands with me to work together for the development of the NBA.

     

    Our agenda for change

    1.the nba constitution – amendment proposal

    The recent amendments to the NBA Constitution were ratified at the Annual General Meeting [AGM] of the NBA yesterday 28th of August, 2014. The said amendments addressed issues that were topical at the time and have essentially served their purpose.

    However, there is a further need to amend our Constitution to meet present realities and take advantage of modern technological developments.

    The cost of NBA National elections to the Association is increasing at an unsustainable rate. The risk, dangers and inconveniences encountered by NBA members during these elections is becoming unbearable. The elections are becoming too expensive for NBA members and voter tampering appears to be encouraged when Delegates at National Elections are not provided with accommodation and other logistic requirements by the Association. The resultant effect is that candidates are compelled to provide accommodation and logistic needs for the Delegates in a manner that may compromise the decision-making process of the candidates.

     

    E-voting

    I believe strongly, that the delegate election system of the NBA needs to be reviewed and that E-VOTING through the NBA Website should be introduced and this would require a constitutional Amendment.

     

    Other amendments

    The wording of the electoral provisions of Our Constitution and several other provisions would need to be reviewed and fine-tuned.

    The amendments to our Constitution to introduce e-voting and other changes would be given priority and dealt with speedily with the hope that the system would be operational and members made conversant with its working long before the 2016 National Elections. In the light of the approval of Uniform Bye Laws for NBA Branches, it would be advisable for the provision of e-voting to be contained in the Uniform Bye Laws to afford Branches the opportunity to implement e-voting and be conversant with its operations before the National elections.

    I have therefore set up a Constitution Review Committee with the following Terms of Reference:

    1] To review the provisions of Our Constitution on elections with a view to introducing e-voting at all NBA National Elections.

    2] To review the provisions of Our Constitution on elections and propose such amendments as may be required to make the provision more definitive and NBA National Elections more rancour free.             3] To review the NBA Branches Unified Bye Laws to bring it in conformity with the Amended NBA Constitution.

    4] To review and propose all other such amendments as it requires necessary to the provisions of Our Constitution.

    The Committee shall submit its report on or before the 30th of November, 2014.

    The members of the Committee are:

    1. Garba Tetengi, SAN   Chairman

  • Man arraigned for ‘theft’

    A 39-year-old  businessman,Gbenga Olaborede, has been arraigned before an Ikeja Magistrates’ Court in Lagos for allegedly stealing Agro Chemical products worth N1.4 million.

    The defendant was arraigned at the court presided by Magistrate, Mrs Margaret Dan-Oni.

    Police prosecutor,  Inspector Chinalo Uwadione  alleged that the defendant obtained agro chemical products  worth N1.4 million under false pretence.

    The accused, who resides at No 16, Thomas Salako St., Ogba, Lagos, is facing a three-count charge of fraud, stealing and issuing dud cheque.

    The prosecutor, Insp. Chinalo Uwadione, told the court that Olaborede, obtained Ultomax Plus fungicide worth N1.4 million from Harvest Field Industry Limited.Uwadione said that the accused “knowing that his representation was false, fraudulently and dishonestly obtained the chemicals under the pretext of paying after sales.”

    However, he did not pay the money as promised.”The prosecutor alleged that the defendant issued a Zenith Bank cheque of N1 million to the company as part payment on July 8 and 28, 2013.

    He said that the cheques were dishonoured at the bank due to insufficient funds in the account. Uwadione said that the offences were committed between July and August 2013, at No. 1, Isheri Road, Isheri, Lagos.The prosecutor said the offences contravened Sections 285, 312(1) (B-), and 319 (B-), of the Criminal Law of Lagos State 2011.

    The accused, however, pleaded not guilty when the charges were read to him.Section 312 of the Criminal Law prescribes fifteen years imprisonment for offenders.

    The Magistrate, Mrs Margaret Dan-Oni, granted the accused bail in the sum of N500,000 with two sureties in like sum.The case was adjourned till October 14, 2014 for mention.