The Nation Newspaper

Category: Law

  • Politics solely for material gain

    The Nigerian political landscape has continuously manifested a dangerous pandemic. That is the intractable struggle for power solely for material gain. Among the present contenders for power the constitutional admonition in section 14(2)(b) “that the security and welfare of the people shall be the primary purpose of government” is of lesser import. Instead the majority of the power-mongers are ensconced in an unconscionable struggle for power at all cost, even at the detriment of the very survival of the nation itself. This political disease is akin to the dreadful Ebola virus, which is highly contagious and with infinite capacity to annihilate.

    Unfortunately instead of isolating those already infected by the disease, we have reminiscent of the Liberian Ebola virus export to Nigeria, Mr. Amos Sawyer, carelessly allowed the intermingling of the contagious and the innocent, thereby expanding the carriers of that deadly affliction. The result is that as the 2015 elections approach, our country may already be experiencing her death pangs, unless a miracle happens. What with the multiple symptoms of this dreadful disease, with corruption as the most manifest. Another is the polarisation of armed insurgency; while the most recent is the demoralization and demystification of our national army. Now, unless a miracle happens to stem the pandemic, the next manifestation may be total anarchy.

    As I said, the root symptom of this political disease is corruption. Unlike other successful democracies, ours have become not significantly different from a conundrum of organized robbery. From local council administrators to governors, to the presidency, there is total lack of accountability, which democracy espouses. Tragically, whether in the public or private sector, there is no substantial difference. And like the Ebola virus which spreads without warning; despite the pretences and fraudulent claims of the political actors, the recent West African School Certificate examination has shown manifestly that our educational foundation is a travesty of the false claims of huge investment in that sector.

    So, while those in authority set up a special purpose vehicle, called State Universal Basic Education Board (SUBEB) to improve our education; for many of those entrusted to deliver the dividends, it is actually a conduit to steal the nation blind. So, instead of the fund intervening to gift our nation qualitative and sound primary and secoundry education, those entrusted with the intervention funds, cynically use it to better their personal lives. Thus the recent WAEC results show that just a little above 30% of the candidates have been successful in their exams, meaning that we are merely training those who will be permanently incapacitated to take to the different professions, and will as an alternative take to all manner of economic shenanigans to ‘succeed in life’.

    Of course the effect of corruption is also at the root of the failed national infrastructure that we perennially lament about. So whether it is the bad roads that wreck our lives and our cars; the supply of darkness in exchange for electricity bills by companies protected by institutional authority; the dreadful public hospitals, that see health providers engaging in a relay of strike actions, like those contending for medals or the fake but yet regulated products that you unsuspectingly buy for huge costs at your own detriment, the simple cause is corruption. Most probably for every kobo of our loss, one public official or a private citizen has seized a reward, in one form or another. And in several of those cases, the institutional authority set up to protect the citizens, despite the private accumulation of bribes in lieu of service, also deep their hands again into the state funds as salaries and emoluments.

    Corruption is also at the root of the latest manifestation of our endangered polity, that is, the despondency of our army in the face of armed insurgency by members of the Boko Haram. If truly as the protesting wives of the army officers and men recently claimed, their spouses are not supplied with efficient fighting ammunitions and machineries, and yet they are ordered to the war front, to defend our country, the reason can only be a result of corrupt tendencies within our defence establishment. Indeed, the Boko Haram insurgency, like her predecessors in the country, is a product of politics sorely for material gain. As has been claimed without substantive contradiction; those who started the armed groups that eventually metamorphosed into the dreaded Boko Haram insurgents, where merely desperate to keep power as the means to personal aggrandizement.

    The road to our political redemption can only come from our political actors making a determined effort to practice democracy as other democratic nations across the world do. To attempt as we are currently doing to pretend to be practicing democracy, while we ignominiously ignore the universal tenets of democracy, is only an invitation of ruin into our lives. For the sake of clarity for our practitioners who are either hard of hearing or are completely ignorant of what they signed up to, democracy can only thrive in an atmosphere of accountability. That is the defining content, when we define democracy as government of the people, by the people, and for the people.

    Luckily for us, the demands of democracy are not rocket science. Even our constitution, with all its challenges, contains the basic requirements of an accountable society. Indeed between chapters 2 and 4 of the 1999 constitution as amended, the basic requirements of a republic “based on the principles of democracy and social justice” is clearly provided. What has been lacking is the political will to enforce the provisions of the laws. Unfortunately instead of our political actors struggling to have the opportunity to outdo one another to promote such a society, we are entrusted with a class, who see politics only as a means to criminal aggrandisement.

     

     

     

     

  • Photos: MTN at the 54th NBA Conference

    Photos: MTN at the 54th NBA Conference

  • Final push for efficient criminal justice administration

    Final push for efficient criminal justice administration

    Members of the Panel on Implementation of Justice Reform (PIJR) and other stakeholders met in Abuja to put final finishing touches to a Bill meant to reform the nation’s criminal justice system by also merging the Criminal Procedure Act and the Penal Code. Participants agreed that the future of effective criminal justice administration is secured in the country with the Bill’s passage by the Senate, as already done by the House of Representatives. Eric Ikhilae reports.

    If all goes as planned, the setback suffered by the prosecution in the trial of former Managing Director of the now defunct Intercontinental Bank Plc, Erastus Akingbola, among other hindrances to swift disposal of criminal cases in the country, would become history.

    The then trial judge in the Akingbola case, Justice Habeeb Abiru was close to concluding the case – he had adjourned for parties to adopt their final written addresses, preparatory to judgment – when he was suddenly elevated to the Court of Appeal.

    In view of the judge’s elevation and the provision of the Criminal Procedure Act, the trial had to start afresh. Today, owing to some fresh issues raised by the defence, parties are now stuck at the preliminary stage, about a year after the trial, which had lasted over two years before the former judge, started again before a new judge.

    The development in the Akingbola case is a common occurrence in most criminal cases in the country, particularly those involving well-off individuals, with the financial capacity to manipulate the pliable court system, by engaging the best qualified and most influential lawyer in town, and in most cases, the Senior Advocates.

    This however, will soon be a thing of the past should the Senate, before the end of the tenure of this session, passes into law a new Bill which seeks to ensure for the country, a criminal justice system that is fast and efficient while delivering justice and fairness to all parties irrespective of one’s status.

    The Bill titled: “Administration of Criminal Justice Bill 2013,” already passed by the House of Representatives, and now awaiting its final passage at the Senate, was put together by the Panel on Implementation of Justice Sector Reform (PIJR).

    The group constituted by the Attorney General of the Federation and Minister of Justice, Mohammed Adoke (SAN), is consisted of brilliant legal minds, including Justice Ishaq Bello of the High Court of the Federal Capital Territory (as Chairman), with Professor Yemi Akinseye-George (SAN) as the coordinator.

    Aside seeking to merge the two extant laws guiding criminal trial – the Criminal Procedure Act (applicable only in the Southern part of the country) and Penal Code (used in the Northern part), – the Bill provides a bouquet of measures intended at eliminating all existing barriers to effective and speedy criminal trial in the country.

    The PIJR said it is working at an Act to ensure that “the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim.”

    When passed, the law will only be applicable in the trial for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital territory, except in states where it is adapted, as had been done by Lagos, Anambra and Ekiti States.

     

     

  • Court orders firm to pay N60m to clearing agent

    Court orders firm to pay N60m to clearing agent

    Justice Ebenezer Adebajo of a Lagos High Court, Igbosere has  ordered a pharmaceutical firm,Nichben Pharmaceutical Industries Limited, to pay a clearing agent, Mr. Raphael Okonkwo, N60million it owed him since 2003 for clearing the company’s container load of 655 cartons of Top Gel at Cotonou Port, Benin Republic.

    The firm had sued Okonkwo, claiming N51.4million as general damages for the loss of its goods valued at N36.4million that allegedly disappeared on April 25, 2003.

    In suit no. LD/673/2006, the company (claimant), claimed interest on the N51.4million at the rate of six per cent per annum from May 2003 until determination of the indebted amount.

    However, the defendant, who reportedly cleared 263 containers, in his amended statement of defence dated May 15, 2008, asked the court to declare that the firm owed him N60million.

    The defendant, through his lawyer, Mr A. Mpandiok, further asked the court to direct the claimant to pay six per cent interest on the  amount with effect from December 2003 till when the judgment debt is liquidated.

    Justice Adebajo, while delivering judgment on the matter,  dismissed the claimant’s claim, saying he is satisfied with the facts before him that the defendant delivered the one container load of 655 cartons from Cotonou.

    “The evidence of the defendant, having been accepted as truthful and Exhibit D1 having been admitted and its evidential value not having been diminished, it is obvious in my view that the defendant has placed before the court credible material to entitle him to his counter-claim. Judgment is hereby entered in favour of the defendant,” Justice Adebajo ruled.

    The judge declared that the Power of Attorney, dated November 20, 2002, given by the claimant to the defendant, was binding on both parties.

    Justice Adebajo declared further that the claimant is indebted to the defendant in the sum of N60million.

    “It is hereby ordered that the claimant shall pay the defendant the sum of N60million within 30 days of this judgment. The claimant shall pay six per cent interest on the judgment sum from January 1, 2004 until the same is liquidated. Cost of this suit is awarded the defendant/counter-claim in the sum of N120,000,” the judge said.

    The case was first taken before an Igbosere Magistrate Court. The defendant had earlier reported the case to the Interpol section at Alagbon, but was arrested by men of the Special Anti Robbery Squad (SARS) and charged on a three- count charge of stealing a 40-feet container, containing 655 cartons of Top gel valued N36,400,000, property of Transpharm Industries Limited.

    Relying  on the judgment of Chief Magistrate, in-charge of the case, (Suit No. A/55/2004: Commissioner of Police v. Raphael Okonkwo),  Justice Adebajo held that “the findings of that court were never challenged on appeal nor was it impeached in this court.

    “I accept the findings of the Magistrate Court on the facts of the transactions as between the parties in the charge,” he said.

    It was gathered that the former counsel to the claimant, S.O Kolawole, now deceased, commenced the suit with a writ of summons dated April 28, 2006 and appeared before Justice Adebajo on December 3, 2009. His death was announced at later proceedings by another lawyer, Biodun Onikosi, who took over the brief. Onikosi also died on December 23, 2013.

    During the trial, the firm’s Chief Executive, Chief Nicholas Onwumere, told the court that the defendant has always been the firm’s  clearing agent.

    Onwumere, in his evidence-in-chief, said his company imports  products on behalf of other organisations, adding “the claimant had in fact, imported well over 50 containers of approved MCA products and the defendant has always carried out the clearing of goods from Lagos and Cotonou Ports for agreed valuable consideration and cause the goods to be delivered to Chief Raphael Obi.”

    Under cross-examination by the defence counsel, Onwumere said by a letter on March 28, 2003 he revoked the Power of Attorney given to the defendant to enable him interact with police, customs and NAFDAC officials over faking of his products.

    On the modality of their business, the witness  told the court that on April 25, 2003, two bills of lading were given to the defendant in respect of 655 cartons of Top Gel at Apapa Port and Cotonou.

    He pointed out that the defendant delivered the goods from Apapa Port, but refused to deliver the 655 cartons cleared at the Cotonou Port, adding that the defendant did not return the bill of lading but has received consideration for the clearing and delivery of the 655 cartons.  Onwumere told the court that the business relationship with the defendant took place between 2000 and 2004, noting that once payment is made delivery is usually within two weeks.

    “It took three months to deliver the Apapa container. There could not have been problems with the clearing except it was caused by the defendant. The container was not arrested by the customs or NAFDAC,” the witness added.

     

  • How law can boost entrepreneurship

    How law can boost entrepreneurship

    This book, titled: “Law, Entrepreneurship and Corporate Social Responsibility” is a collation of articles written in honour of the late Mama Angelina Azinge, a matriarch whose entrepreneurial skills and social responsibilities, improved positively, her community, her family and the lives around her.

    This 294-page book, with 12 articles penned  by scholars in their fields – gives an in-depth understanding in these areas. The preface offers a feel of the book whilst describing Mama, thus givingus an insight on her life as an entrepreneur. The title of the book is suggestive of the contents, eight articles are devoted to Law and Entrepreneurship and three articles are devoted to corporate social responsibility, one article is devoted to banking.

    Pardon me, as you’d continually hear the words ‘entrepreneur’ throughout this review, I have been restricted from using the synonym, ‘mogul’ ‘business woman’ ‘’tycoon’ or ‘industrialist’ as the scholars in this book, draw a clear difference.

    Prof Ekiri(Article is titled) Entrepreneurship Development In Higher Institutions: Charting The Path For Successful Achievement in Nigerian universities. 

    In this paper, Prof Ekiri proposes that, “Entrepreneurship is an obstacle remover”

    He discussed the current situation in Nigeria where over half of the population live below poverty line, with increased mono-product graduates churned out every year without a suitable job market to absolve the demand. He recognises laudable steps taken by the government to address this issue.

    At this juncture, Prof Ekiri deemed it fit to define an entrepreneur. He describes an entrepreneur as aninnovative person who initiates a desirable product or service and builds an organisation to exploit the product or service. He goes on to differentiate this concept from a micro small medium enterprise (MSMEs) which is mainly a hands on business owned and managed by an owner who isn’t a dominant player in the market. In making this distinction he states that an entrepreneur looks for previously undetected needs and exploits same. Whilst theoretically correct, this is devoid of practicality in a market where there is competition.

    I can say for certain that my grandmother falls within his definition of an entrepreneur as with limited academic prowess, she identified a business opportunity, developed a concept and implemented same during the civil war. The product of her bakery dominated the bread market on both sides of the river Niger.

    Prof Ekiri emphasises the need for skill acquisition from the university level. He makes recommendations on steps universities can take to ensure excellence in entrepreneurship development in Nigeria. Thus altering the statistics of unemployed graduates He characterises the vision component and notes the possible sources of funding for the centre. Prof Ekiri typifies the Univerisity of Benin as a model for other universities to emulate whilst taking their peculiarities into account.

    The next article written by Osarumwense Iguisi is titled: Subgroup cultures for small business development and poverty alleviation in Africa.

    This paper establishes a significant relationship between sub group (ethnic/tribal/family) cultures and small business development and poverty in Africa.

    He accentuates the importance of cultural values as central elements of small business and entrepreneurship development. This is because the presence of economic, political and technological factors will not necessarily produce the desired result particularly if some cultural factors were to remain a barrier to entrepreneurship. For instance if Mama went into the business of “Ogbono”, a taboo in Asaba, the success rate would have been dampened not by the absence of finance or prospects, but by culture.

    He stresses that addressing culture can solve the problem of unemployment and poverty. The result of ignoring this is failure. I found this paper intellectually stimulating, prompting further research in this area, I’m certain you will too.

    Nkechi Quintine Amintor wrote onEntrepreneurships: Embracing Standards, Innovation, Equality and Diversity Tenets in the 21st Century.

    Quite contrary to the previous article, this paper examines modern day entrepreneurship and the need for entrepreneurs to embrace international standards in their activities. It looks at the standards currently in place and the regulatory agencies that support and supervise entrepreneurship. However, it also deliberates on issues that are not naturally considered in this field, some of which are: equality and diversity, inclusiveness, age bias, gender, religion, disability, maternity leave etc.

    This paper rightly notes the shortcomings in these areas and makes laudable recommendations, urging for improved awareness to boost participation in entrepreneurship.

    A review of this article and the previous article makes it clear that whilst adopting international standards, the peculiarities of countries, ethic groups and customs should be taken into consideration

    The next writer,Vivian Madu scripted on; Entrepreneurship: Reconceptualising the Concept of Value.This writer recognises the current state of value in Nigeria, on this basis, she states that for there to be any reasonable economic growth, the idea of business value has to be reconceptualised. This must be done by the government and entrepreneurs alike. She states quite briefly that improved branding and packaging, strategic placement and location, marketing research and social investment are steps towards reconceptualising value. Her paper is not blinded by the fact that changes in technology, consumer preferences, competition and localised social and economic conditions can limit the evolution process. For this reason, the right bodies have to be strategically placed so as to ensure that the post investment legacy is positive.

    In light of this, it is pertinent to state that the opportunity has never been better for private sector organisations to actively engage in this form of investment.

    LuperLorpez wrote on: The Effect of Small and Medium Scale Enterprises Financing On Socio-Economic Development Of Nigeria.

    This paper examines the impact of SME’s financing on socio-economic development in Nigeria The writer presents a balanced view on small and medium scale enterprises and their vital role in the process of industrialisation, economic growth and sustainable development in any economy. He takes the practical stand that the extent of benefits a society or nation would gain from small business enterprises will largely depend on its level of financing. He recognises the established options by which business owners can raise funds: both formally and informally. Regrettably however, the formal sector, especially banks are banks are usually skeptical to lend in the face of poor collateral.

    This study is significant, as it will help the providers of SMEs finance, the government and stakeholders to trace SME funds and ensure that they attract the desired result.

    The next article, Informal Institutions As Drivers In Entrepreneurial Activityis written by Esther Ekong.

    The writer investigates the impact of informal institutions on entrepreneurial activities and development outcomes. Her thesis is similar to the preposition by article penned down by IGUISI, she states that for democratic and market institutions to function effectively, they must co-exist with certain pre-modern cultural principles. She finds that the law and contract are necessary but not sufficient as pre-requisites for the stability and welfare of post-industrial societies. They must be supported by motions such as ‘reciprocity principle, mutual bonds, and trust, which are based on traditions and customs and not on calculations’

    She presents a well-balanced paper, which also discusses the downside to dealing with informal institutions, as they can sometimes prove detrimental to development.

    She makes brilliant recommendations, which are interesting and informative. I highly endorse a thorough read by everyone here.

    Gary KelechiAmadi wrote on Encouraging Entrepreneurship In Nigeria: Lessons For Government Policies.  

    His paper discusses the futility in attempts made by the governments in encouraging entrepreneurial activities in Nigeria. He provides recommendations, amongst which are; improved use of microfinance banks to empower entrepreneurs, provision of resources through alternative means, legislation to facilitate loan grants to ensure low interest rates, supportive policies to ensure land allocation, imports and exports amongst others. Most importantly, he states that these policies and legislation must be implemented and enforced.

    On this premise, he advocates for the government to provide an enabling environment in the form of efficient and available basic infrastructural facilities.

    Jointly, Anita Nwabuzor and EmekaNwabuzorwrote on: ‘Managing Human Resources: Perspectives for the entrepreneur’

    This paper asserts that, ‘whatever the industry, people are a company’s greatest asset’.

    His thesis states that an entrepreneur’s competitive advantage lies in his ability to develop human resource management practices aligned with his business strategy thus improving his profit margin.

    He gives a fine analysis the five theories of human resources. He stresses the advantages of entrepreneurship for human development. Most importantly, he addresses the challenges entrepreneurs face and makes adequate recommendations.

    The next three articles are on corporate social responsibility. These papers are done in recognition of my grandmother’s philanthropic work, which focused on the less privileged.

    Olusegun Victor Adesanya wrote on: Concept And Evolution Of Corporate Social Responsibility.

    This paper traces the concept of CSR from the period of the great depression till present. It notes that CSR was once focused on environmental issues but has grown to encompass sustainable development and human rights issues amongst others, to the extent that it has dragged into virtually every field of human endeavours. It remains ever expanding.

    Nkechi Azinge’s paper titled: Corporate Social Responsibility In Nigeria: Skepticismsand Prospectshighlights the fact that there has been a move from the ideology that corporations work in the interest of shareholders to the realisation that stakeholder value is supreme in any corporation. This article analysed the various perspectives from which CSR is defined while recognising that there is yet to be a globally acceptable definition. It discusses the history of CSR in Nigeria with emphasis on the Niger Delta crisis – a strong basis for CSR in Nigeria. The motivations for CSR in Nigeria are also analysed. This chapter then goes on to examine the skepticism of CSR in Nigeria, it notes that there is a general perception that CSR is a façade and profit remains the driving force for corporations. Despite these drawbacks, this chapter recognises that there are prospects for CSR in Nigeria, which can be effected not necessarily by hard law but by contract.

    KaluAnele penned down an interesting article titled: Corporate Social Responsibility As A Tool For Curbing Maritime Insecurity in Nigeria.

    This writer emphasised that maritime insecurity is a clog in the wheel of progress in Nigeria’s economic and socio-political development. Thus, he highlights the need to nip this in the bud.  To achieve this, he advocates for infrastructural improvement in the oil producing regions thus protecting the environment from degradation, improved CSR by international oil companies – and increased entrepreneurial activities of the youth.

     

     

     

  • Family asks court to set aside consent judgment on father’s estate

    Family asks court to set aside consent judgment on father’s estate

    Children of the late Dr Oladipupo Popoola Sogbetun have approached a Lagos High Court, Igbosere, for an  order to set aside the consent judgment entered by Justice Oluyinka Gbajabiamila on October 5, 2010.

    The children, who alleged fraud in the process of securing the consent judgment,  also asked the court to set aside  steps taken concerning  their late father’s estate.

    Some of them, who are claimant in the suit are , Mrs Bolaji Delano; Mrs Omolara Bamgbose; Mrs Foluso Ishola; Ms Sumbo Sogbetun and Ms Debola Sogbetun.

    Joined as defendants are: Ms Adeola Sogbetun (first defendant); Mr Osokayode Sogbetun (second defendant); Barin Epega&Co (third defendant)  and Probate Registrar (fourthdefendant). They also included anyone acting through defendants, or on their behalf, to deposit in court the title documents of all properties forming part of the estate of late Dr  Sogbetun.

    The consent judgment, which they want the court  to set aside, provided that the estate of the deceased should be wound up and all the properties( excluding those expressly mentioned) sold and proceeds from the said sale shared equally amongst the beneficiaries named in the Will dated August 17, 1979 upon, which Probate NO. PHC/27574 dated November 15,1996, was granted by the High Court of Lagos State.

    The judgment amongst others provided that the joint firms of Clarks & Moore and Yinka Mosanya & Co (counsel to all parties) shall, in relation to the estate, deal with all legal matters in Nigeria and all title documents to the properties be handed over to the Solicitors for safekeeping

    In a motion on notice brought pursuant to Order 39 of the Lagos State Civil Procedure Rules 2012, the claimants/applicants are asking  the court to restrain the defendants/respondents, their privies acting through them or on their behalf, from managing, administering, interfering, dealing or selling/entering into possession of any property forming part of the estate of the deceased pending the determination of the suit.

    The claimants, in the motion filed on August 11, by their counsel, Kennedy Atuenyi of J.D Oloyede’s Law Chambers, want the court to appoint an administrator pendente lite to oversee the estate, pending the determination of the suit.

    They also prayed the court for an order directing the defendants to deposit the title documents of all properties forming part of the estate of the late Dr  Sogbetun in court.

    In an affidavit in support of the motion deposed to by Lateef  Ayeni, a counsel from Oloyede’s chambers, the claimants averred that they, together with the second defendant, had instituted an action against the first defendant, in Suit N0; M/548/07, to seek the court’s intervention and respite to check the wrongful administration and management of their late father’s estate.

    In the earlier suit,  they were represented by the law firm of Clark & Moore as applicants, while  Yinka Mosanya &Co represented  the defendants.

    According to them, both parties were disposed to settling the matter amicably, which resulted  into the purported terms of settlement dated September 20, 2010, prepared by their counsels.

    They, however, contended that the purported  terms, which was filed in court, was at variance with the true intendment of the parties and therefore, alleged it to be a fraud.

    The terms of settlement, according to them, was signed by the claimants’ counsel in that suit without their authorisations and that both parties were not privy to the said terms before the same was filed on their behalf.

    They further contended that the said  terms of settlement was moved to be entered as judgment in that suit by the parties’ counsel without the instruction and/or consent of the claimants,

    They also contended that  the said  terms of settlement was entered as the judgment of the court on October 5, 2010.

    They averred that despite several admonitions by the claimants to the third defendants (Barin Epega &Co) not to go ahead with the sale of the properties comprising the estate of their late father, the third defendant went on with the sale of the properties and has in fact, sold one of the properties at Itire with the collusion of first and second defendants regardless of the claimants herein’s objection to same.

    They, therefore, want a declaration that the consent judgment entered pursuant to the aforesaid  terms of settlement on October 5,2010 by Justice Gbajabiamila in the aforesaid suit No. M/548/07 is null, void and of no effect whatsoever, because it was obtained or procured fraudlently.

    They further want an order of perpetual injunction, amongst others, to restrain the defendants and/or anyone acting through them or on their behalf from managing, administering, interfering, dealing in and/or selling any property, forming part of the estate of late Dr Oladipupo Popoola Sogbetun and a penalty of N1 million against the first, second and third defendants. Also, in a letter to the third defendant, Barin Epega and  Company by the claimants’ counsel,  the law firm was asked to refrain from any further attempt at selling or dealing in properties comprised in the estate pending the outcome of proceedings taking out to nullify the consent judgment.

    The law firm, in its reply dated October 29, 2013, said the facts culminating in the consent judgment as well as an examination of the case filed belied the facts raised by the claimants that  the winding up of the Estate was a germane trust of their instruction to counsel.

     

     

  • Falana asks rights commission to investigate death of awaiting trials in prisons

    Falana asks rights commission to investigate death of awaiting trials in prisons

    Lagos lawyer  Mr. Femi Falana has asked the National Human Rights Commission (NHRC) to  demand payment of exemplary damages to the families of prison inmates who had lost their lives on account of medical neglect.

    He also urged the commission to demand for the trial of all public officers whose negligence has contributed to the killing of prison inmates.

    In the  statement issued in Lagos on Sunday and titled, “Illegal Killing of prison inmates in Nigeria,” Falana urged the commission to investigate the illegal killing of convicts and awaiting trial inmates in prison custody in Nigeria following the failure of the Minister of Interior, Mr. Abba Moro to ensure the provision of adequate medical facilities in the prisons.

    He posited that since the prisons are not well secured the Federal Government is vicariously liable for the premature death of such prison inmates.  More worrisome is the fact that several prison inmates who are terminally ill may soo die due to lack of medical attention by the prison authorities. It is hoped that all measures are being put in place to keep the highly infectious ebola virus away from the prisons!

    The statement issued by Falana stated, “ On January 18, 2014, Mr. HamaniTidjani, a prison inmate died at the Kirikiri Maximum Security prison in Lagos. The deceased who was suffering from partial stroke was not given any medical attention by the prison authorities.

    “He was a citizen of Niger Republic who was arrested in Cotonou, Benin Republic and brought to Nigeria in September 2003 for invstigation and trial for some trans-border armed robberies and allied criminal offences.

    After a prolonged trial, he was convicted by an Ijebu Ode High Court in 2011 for receiving stolen goods and sentenced to a 10-year jail term.  “Although the deceased completed the sentence, he was however not released from prison custody as he was standing trial for similar offences in the Lagos High Court.

    “In the last one year or thereabout four other convicted prisoners of Nigerian nationality namely Messrs Ganiyu Adeniyi, Danda Akanbi, Thomas Odafe and Ariyo Osisanya had died in the same prison on account of medical neglect.

    “From the information at our disposal, the killing of prison inmates through medical neglect is not uncommon in all other prisons in the country’’.

  • As apc seeks to outflank pdp

    The emerging political behemoth, the All Progressive Congress (APC) has every cause to celebrate the successful poaching of five governors, and their electoral worth, from the troubled behemoth, the Peoples Democratic Party (PDP). Many have argued that the country is approaching a state of balance of political terror, with two strong political parties as contenders. That may even prove more correct as far as our country’s political fortunes are concerned, unless the new APC is able to engage in Pauline conversion of the strange bed fellows that it has welcomed to its fold. Of course, the wish of this column that the APC will engage in bottom up expansion of membership based on defined ideology has suffered another major set back, with last week’s development.

    But building ideology based political parties is not completely a lost cause. After all who could have contemplated the possibility that through deft political manouvre, the leadership of three completely diverse political parties, at least as far as public perception is concerned, namely the All Nigeria Peoples Party, Congress of Progressive Change and the Action Congress of Nigeria, with a stump of All Progress Grand Alliance, could agree to collapse their structures to form a single political party, the APC. While commentators were still relishing that unprecedented political feat in our country, the APC leadership has again boldly struck a severe blow on the over confident PDP by appropriating a sizeable chunk of its sagging bulk, to add to its own already bulging weight.

    So I join other Nigerians to invest hope that the leadership of the two major political parties, particularly the new APC would sit down, to draw programmes that is in accordance with the provisions of chapter II of the 1999 Constitution – fundamental objectives and directive principles of state policy. With the tantalizing possibility of gaining power by the APC and the sobering possibility of losing power facing the PDP, there is a huge chance, that the two major political parties, the APC and PDP may begin to context for power based on ideas instead of manipulation as in the present. The new APC or even the PDP can boldly tantalize the electorate by promising to make chapter II of our constitution justiciable, that is, enforceable against the Nigerian state in the same manner as the provisions of chapter IV of the constitution, dealing with the fundamental rights of any person living in Nigeria.

    As Nigerians celebrate the reduction in the potency of the PDP to abuse its privileges, with the emergence of an expanded APC, let me yet again, rehash my prayers, in my piece on this page on August 6, titled: Congratulations to APC, “as we relish the possibilities with the new party, it is of paramount importance, in my humble view, for APC               to immediately define its position on those national issues that has held our country down. For instance what is the position of the party on access to quality education, employment and housing? What will the party do with our lopsided federation, with regards to the ownership of natural resources, national infrastructure, federation account and cost of governance, police and the so called indigenship?”

    The new APC will need courage and plenty sagacity to deal with the challenges of helping to remake Nigeria, particularly with the nature of its present make-up. My prayer is that it will not be bogged down by internal challenges and contradictions, which have been the bane of the PDP. As things are, our politicians have scant regard for the welfare of the ordinary Nigerians, and as I have severally argued on this page, the cankerworm of corruption cuts across the political parties, and not much national progress can be made without first dealing with that. Unfortunately with the near abolition of political divides, corrupt political practices are as much a problem in PDP as it will be in APC. The challenge is even more worrisome as it is presently near impossible to determine with certainty, who sincerely belongs to which party, in spirit and in body.

    As things are, there is a substantial obfuscation of the dividing line between the two political parties in Nigeria, the APC and the PDP, and what they stand for. Former Osun State Governor, Prince Olagunsoye Oyinlola, captured this comic tragedy. On Tuesday last week, the Osun Prince, was joyously embracing his former political foe, Chief Bisi Akande, the chairman of APC, as he joined other defectors to celebrate their new membership of APC. In the photo shot, with the leadership of the APC, he was standing shoulder to shoulder with Governors Rotimi Amaechi, Rabiu Kwankwaso, Murtalo Nyako, and several other former PDP top shots, while the spirit of Wammako Aliyu, and Abdulfatah Ahmed hovered around.

    Surprisingly while partisans were yet to recover from the reverie of downed champagnes, to celebrate the new births and the attendant hangover (that word again; apologies to Dr. Reuben Abati, the presidential spokesperson, who has quarreled over such allusion to his principal, who recently allegedly celebrated his birthday in far away London, and became indisposed the next day); Prince Oyinlola was on air, claiming that he was still a member of the PDP and its National Secretary to boot. That means that while he has joined APC, he still retains his position in PDP. With what a senior friend appropriately called a poker face, he made those claims.

    In the days ahead, it is going to be a handful to determine those who are moles and those who are members of either party, whether the APC or the PDP. In the meantime, may I congratulate the leadership of APC, particularly Asiwaju Bola Ahmed Tinubu, for the unparalleled successes; while praying that their tectonic maneuvers should profit Nigeria.

    This piece published last December is republished to underscore Ribadu’s adventure in PDP.

     

  • Rights violation: Court penalises Nigerian Army, two officials

    The Nigerian Army (NA) and two of its officials have been penalised by a Federal High Court in Lokoja, Kogi State for unjustly detaining a man, Samson Owonla for about two months without presenting before the police or court for information.

    Justice Phoebe Ayua, in a judgment in a fundamental rights enforcement suit marked: FHC/LKJ/CS/02/2014 instituted by Owonola, deprecated the conduct of the Commander, Headquarters Command, Army Records, Chari Maigumeri Barracks, Lokoja, Maj.-Gen Alphonsus Chukwu and Warrant Officer Two, S. A. Ndaji ( sued with the NA) in detaining the applicant for an unspecified crime.

    Ndaji, according to court documents, had engaged the applicant to “wire his house at Otokiti New Layout, behind Mammy Market, Lokoja,” which he did and was paid for his services. Few days later, the house was burgled and the wires stolen.

    The soldier, suspecting that Owonola was behind the theft, led a group of soldiers to arrest him on November 7, last year and had Owonola held in a cell in the Chari Maigumeri Barracks, with a condition that he would only regain freedom should he pay N48,000 being the cost of the stolen wire and what he was paid for installing the wire.

    The respondents held on to the applicant despite letters from his lawyer, Lawrence John and the state’s Police Commissioner, requesting that he either be released to the police or taken before the court. The applicant, who said he was tortured and subjected to degrading treatment while in detention, stated that he was only released by the respondents on January 10 upon being served with court processes.

    The respondents, represented by A. U Olubiyi did not deny detaining the applicant. They claimed to have detained him with the intention of eventually handing him to the police, which has the constitutional power to prosecute for criminal offences.

    They denied any wrong doing, but were unable to establish that, beyond mere suspicion, the applicant stole the wire. They were also unable to state the offence the applicant committed.

    Justice Ayua held that by their conduct, the respondents violated the applicant’s fundamental rights as provided under sessions 34(1), 35(1), (4), (5)(a) and 41 of the Constitution and Articles 4 and 5 of the African Charter on Human and People’s Rights Act.

    “It is the finding of this court, and as deposed in the affidavit in support of this application and also admitted by the respondents in paragraph 4 of their counter affidavit, that the applicant was detained by the respondents in their cell at Army Records, Chari Maigumeri barracks, Lokoja from November 7, 2013 to January 10, 2014 without bringing him to court,” the judge held.

    Justice Ayua further held that even though the respondents could arrest the applicant, they lacked the power to have him detained for over two months. He also held that the respondents failed to adduce any reason to establish the legality of their arrest and detention of the applicant.

    “In my considered opinion therefore, the respondents have failed to show any reasonable grounds for suspecting that the applicant was involved in the alleged criminal offence.

     

     

     

     

  • Court declares compulsory retirement unlawful

    This appeal is against the judgment of the Federal High Court, Abuja Judicial Division (Coram; Oloto, J.) in suit No. FHC/ABJ/CS/277/2011 delivered on December 14, 2012, dismissing the case of the Appellant against the Respondents for unlawful retirement from the service of the 2nd Respondent. The Appellant was transferred from the service of Sokoto State Government to the service of the 2nd Respondent in 1990 and he rose to the rank of Comptroller of Customs. On 21st December 2009, the Appellant, along with 31 other Comptrollers of Customs, was compulsorily retired from the service of the 2nd Respondent. Aggrieved by the turn of events the Appellant, along with another Comptroller, sued the Respondents at the Federal High Court, Abuja Division claiming as follows: a declaration that the purported retirement of the Plaintiff from the services of the 2nd Defendant is unlawful, malicious, irregular and a flagrant violation of the Plaintiff’s right of employment until the mandatory retirement age; an order of the Honourable Court setting aside the purported retirement of the plaintiff by the 1st, 2nd and 4th Defendants through a public notice as unlawful, malicious, irregular and a flagrant violation of the plaintiff’s right of employment until the mandatory retirement age; an order of the Honourable Court to the Defendants allowing the Plaintiffs to resume back to work and maintain their positions as Comptroller of Customs and to be paid all their benefits and emoluments therein and also to enjoy their lawful promotions; and an order awarding the sum of N20, 000,000 (Twenty Million Naira Only) to the Plaintiffs as general damages for the trauma, of forceful loss of job occasioned by the 1st and 2nd Defendants. The trial Court dismissed the case on account of service reform of the 2nd Respondent. Dissatisfied by the turn of events, the Appellant appealed to the Court of Appeal. In his brief of argument, Counsel for the Appellant formulated five issues for the Court’s determination of the appeal and the Respondent formulated two issues. The Court, however, determined the appeal on the issues as formulated by the Respondent. The issues are:

    1. Whether the learned trial judge was right when she held that the appellant was properly retired from the service of the 2nd respondent and accordingly dismissed his suit?

    2. Whether the trial judge was right to hold that the respondents’ witness statements on oath need not be amended notwithstanding the amendment of the statement of defence?”

    The Appellant’s Counsel arguing the appeal referred to the findings of the trial court in its judgment that the Appellant’s retirement in 2010 was premature going by his date of birth and date of retirement and submitted that the trial court misdirected itself in falling back on the policy guidelines on the Nigerian Customs Service Reform.

    It was his submission that it contradicted Section 8 and Chapter 16, Section 1, paragraph 160001 and 160103 of the Nigerian Public Service Rules and Conditions of Service of Nigeria Customs Service. On the question whether the policy guidelines on the reform can be used to circumvent the supremacy of the Public Service Rules 2000 and 1999 Constitution of the Federal Republic of Nigeria and whether the trial judge was right to have arrived at the judgment delivered on December 14, 2012 on the basis of policy guideline on extended 10 years as Comptroller of Customs, counsel submitted that for public policy to be effective, it must operate within the milieu of the law.

    He cited and relied on SONNAR LTD. v. NORDWIND (1987) 4 NWLR (66) 520; (1987) LPELR-3494(SC) and EDET V. CHAGOON (2008) 2 NWLR (1070) 85, 108; (2007) LPELR-8164(CA) to strengthen his submission. It was his further submission that the Appellant’s employment enjoys statutory flavour. On this, he referred to Section 8 paragraph 0200810 (1) of the Public Service Rules and Section 2 paragraph 2 of the Conditions of Service of the Nigerian Customs Service. He finally urged the court to allow the appeal and grant the reliefs of the appellant.

    The Respondent’s Counsel in arguing the appeal affirmed that the learned trial judge was right when she held that the Appellant was properly retired from the service of the 2nd Respondent and accordingly dismissed his suit. He stated that the 4th Defendant is a creation of statute pursuant to Section 1 (1) of the Nigerian Customs Service Board Act, Cap N 100 Laws of the Federation of Nigeria, 2004. Referring to Sections 3 (1) (a) and 4 (2) and (b) of the Act, he submitted that the Board is vested with the power and authority to issue policy guidelines to Reform and Modernise Nigeria Customs Service.

    He noted that as at 21/12/2009 when he was retired, the Appellant had served as a comptroller of customs for over 11 years. It was his further submission that court generally defer to the executive on matters within the exclusive knowledge of that arm of government, particularly on policy matters bordering on national security, environmental interest, economic and revenue issues. He, therefore, asserted that the trial court was right to decline to interfere with the Appellant’s retirement based on the policy guidelines of the 4th Respondent. He urged the court not to interfere with the findings of the trial court.

    In determining the appeal, the court noted that it is a common ground between the parties that the Appellant’s service was transferred from the Sokoto State government to the service of the 2nd Respondent and that the Appellant rose to the position of Comptroller of Customs. It was also common ground that the Appellant was compulsorily retired from service sometime in December, 2009.

    The Court stated that the trial court dismissed the case of the Appellant placing reliance on Exhibit 24- Policy Guidelines on the Nigeria Customs Service Reform. The guidelines were stated to have been made in line with the powers conferred on the 4th Respondent by the Nigerian Customs Service Board Act Cap. 100 and the Customs and Excise Management Act, Laws of the Federation of Nigeria, 2004. The court noted that the 4th Respondent has the power to formulate general policy guidelines for the Nigeria Customs Service. See Section 3 (a) of the Nigerian Customs Service Board Act.

    The court agreed with counsel for the Respondent that the Board had power to issue Exhibit 24- Policy Guidelines on the Nigeria Customs Service Reform. The court further noted that by Chapter 2, Section 8 and paragraph 020810 (1) of the Public Service Rules, the compulsory retirement age for all grades in the service shall be 60 years or 35 years of pensionable service whichever is earlier and this applies to the 2nd Respondent by virtue of Chapter 16, Section 1, paragraph 160103 and Section 4, paragraph 160401 (a) of the Public Service Rules.

    The Court held that a statement of policy, general or otherwise, cannot overrule or wipe away specific provision of the public service rules especially where such policies are not written into the terms of the contract of the employee, as in the instant case. The Court agreed with Appellant’s counsel that a decision of court based solely on policy, as in this instance, leads to uncertainty in the law. See SONNAR LTD. v. NORDWIND (1987) 4 NWLR (66) 520; (1987) LPELR-3494(SC) and EDET V. CHAGOON (2008) 2 NWLR (1070) 85, 108; (2007) LPELR-8164(CA).

    Examining Exhibit 24- Policy Guidelines on the Nigeria Customs Service Reform the court noted that one of the grounds for recommendation for the disengagement by the Board is in respect of officers, who have served for extended periods of time on the same grade, to allow for the innovative potentials of young and hardworking officers and Exhibit 24 does not set out the exact number of years spent on the same grade to qualify an officer for recommendation for disengagement.

    The court further noted that in paragraph 7 of the amended statement of defence, it was averred that about 30 Comptrollers including the Appellant, who had spent between 10 – 21 years on the same rank of Comptroller, were retired in line with the reform of the service. The court stated that the trial court found that the Appellant was promoted to the rank of comptroller with effect from 15/6/2000. The Appellant was retired on 21/12/2009. And this means that as at the date of his compulsory retirement, he still had about 6 months to clock 10 years as a Comptroller. He was thus not qualified for compulsory retirement going by the criteria used by the 2nd Respondent.

    The Court held that the Appellant’s employment had statutory flavour and so he did not hold office at the pleasure of the 2nd Respondent and his premature retirement was therefore, unlawful, null and void. He is entitled to be re-instated in the service. See IDERIMA V. RIVERS STATE CIVIL SERVICE COMMISSION (2006) 133 LRCN 217; (2005) LPELR-1420(SC) and OLORUNTOBA-OJU V. ABDULRAHEEM (2009) 13 NWLR (1157) 83; (2009) LPELR-2596(SC).

    On the whole, the court held that the appeal succeeds and the judgment of the trial court in suit No. FHC/ABJ/CS/277/2011 delivered on December 14, 2012 was thereby set aside.

    •Edited by LawPavillion

    LawPavilion Citation: (2014) LPELR-23367(CA)