The Nation Newspaper

Category: Law

Section on Business Law Sessions today

The Minister of Labour and Productivity , Chief Emeka Wogu and the Chairman, National Population Commission (NPC), Eze Duruihuoma (SAN), will today at the International Conference Centre, Owerri, venue of the ongoing Annual General Conference of the Nigerian Bar Association (NBA), chair the break out sessions of the NBA Section on Business Law (SBL).

A statement from the Chairman of SBL, Mr. Gbenga Oyebode reads in part: “This year, we will look at the topic: ‘The contributory pension scheme as a catalyst for economic development in Nigeria’, which is in line with the theme of NBA Conference this year “Nigeria, 100 years after”.

The Director-General, National Pension Commission, Mrs. Chinelo Anohu-Amazu, will be the lead Speaker in the first session under the chairmanship of Mr. Wogu. Discussants at this session are: Mr. Kehinde Aina, Mr. Nick Opara-Ndudu, Mr. Misbahu Yola, Mr. M. S. Muhammad and Mr. Bayo Yusuf.

The second session will focus on “ Providing affordable housing in Nigeria: Bridging the funding gap” under the chairmanship of Mr. Duruihuoma (SAN)

President, Pison Housing Company and Managing Director, Federal Housing Authority Mortgage Bank, Mr. Roland Igbinoba will lead discussion in this session while Mr. Ken Njemanze (SAN), Dame Aleruchi Cookey-Gam, Mr. Iheukwumere Alaribe and Mr. Joseph Jibunoh will lead discussions in this session.

The Annual General meeting (AGM) and election of members of 2014-2016 Council of the Section will follow immediately.

August 26, 2014
Oyebode to deliver 15th Mike Okonkwo Lecture

Renowned professor of Jurisprudence and International Law, Akin Oyebode will on Thursday, September 4, deliver the 15th Mike Okonkwo Annual Lecture.

Organised in honour of the Presiding Bishop of The Redeemed Evangelical Mission (TREM), Bishop Mike Okonkwo, the jurist will speak on the theme, The power of Your Vote: A catalyst for a stable and united Nigeria.”

The event, which is hosted by Lagos State Governor, Mr. Babatunde Fashola (SAN) and chaired by former Nigerian ambassador to the United States, Prof. George Obiozor, will hold at the Shell Hall of the MUSON Centre, Lagos by 9:30 a. m.

Coordinated by the Mike Okonkwo Educational & Youth Initiative (MOEYI), the much-anticipated lecture will also witness the presentation of gifts to winners of the 11th Mike Okonkwo National Essay Competition.

Oyebode, a much-sought-after public speaker and delegate to the recently concluded National Conference, is a respected social critic whose views on key national issues often resonate with the common man.

Formerly Dean of Law and Vice-Chancellor, University of Ado-Ekiti (UNAD), Oyebode is a former Head of Department of Jurisprudence and International Law, University of Lagos (UNILAG).

August 26, 2014
Okey Wali: What legacy?

After a two-year stewardship, outgoing Nigerian Bar Association (NBA) president Okey Wali will hand over to his incoming successor Augustine Alegeh (SAN) on Friday. How did he fare in office? ADEBISI ONANUGA assesses his tenure

HOW did outgoing Nigerian Bar Association (NBA) president Okey Wali fare in office? Some lawyers believe he could have done better if he had got his priorities. Others argue that he could not have done more than he did considering the circumstances. Wali came to office with high hopes, promising to make the Bar the voice of the people. But under his watch, the NBA leadership blew muted trumpet on virtually all issues. The association seemed to be cosy with government rather than being critical of it. To a lawyer, Akintayo Iwilade, Wali would have left a legacy if he ensured the democratisation of NBA’s electoral process.

The Wali-led executive came into office in July, 2012.

In his inaugural speech, Wali said his vision was to move the association forward and went ahead to encapsulate his programme of action in 10 Cardinal Point Agenda as listed: “Branch Capacity Building; Professionalising the Secretariat ; Financial Responsibility; Human Capacity Building; Institutional Synergy with Regional and International Organisations, Bar Associations and Law Societies; Human Rights Programme; Anti-Corruption Crusade; Uplifting Professional Standards; Criminal Justice System and Access to Justice and Robust Legislative Advocacy”.

He set three major tasks for his administration under the cardinal programmes:

i)Welfare of our colleagues. The welfare of our colleagues shall be paramount. We will run a Bar that cares and is felt by its membership, whilst ensuring that the best traditions of the profession are maintained

ii)A watch dog or Gate keeper for the Nigerian People, we shall definitely intervene on any issues, if and when we believe that the ship of state is adrift and that

iii)Justice sector reforms will be kept in the front burner.

He said: “Law practice needed to be better organised and more well structured than it is now. For instance, how many lawyers are in practice in Nigeria? What minimum standard should be approved for a place to be called a law firm or chamber? Why should it take donkey years, as in litigation, to discipline a lawyer who has been reported to the Disciplinary Committee?” , he asked.

“For me these are some of the fundamental issues in our justice sector and my 10-point cardinal agenda very clearly deals with those issues”, he further stated.

Wali went on:“We shall take deliberate and determined steps to stem the tide. More disciplinary Committees will be set up. A situation where lawyers with pending disciplinary matters are elevated, even up to taking silk and judicial appointments cannot be right and must stop. In addition to ensuring that disciplinary matters are heard and determined promptly and adequate punishment meted out, we will ensure more education on professional ethics. Besides continuing legal education for lawyers, we will take steps to ensure that professional ethics is taught as a core subject in the Universities, as a few months of teaching professional ethics at the Nigerian Law School is obviously not enough education on professional ethics.

“We have seen that so many cases of professional misconduct are sometimes, out of ignorance. From dress code, professional confidentialities, fiduciary problems to outright lack of integrity. As a lawyer, your integrity must be your greatest asset, lose it or do not have it, and you have nothing and you are not worthy to be a member of this honourable and noble profession. We will be interfacing with the Federal Ministry of Education and the National Universities Commission on this all important issue. We must return to the best traditions of the Bar and like I said to my colleagues while seeking this office, if I achieve the return to the ethos of the Profession as President, I will walk away a fulfilled man at the end of my tenure as president of Nigerian Bar Association,” he stated.

Wali promised to look into the rot in the society which he noted was sipping into the profession, and stressed that it must not be allowed to continue.

“We shall take deliberate and determined steps to stem the tide. More disciplinary Committees will be set up. A situation where lawyers with pending disciplinary matters are elevated, even up to taking silk and judicial appointments cannot be right and must stop,” he said.

With these words and many more promises made, expectations were high within and outside the Bar that his administration would continue in the stead of his predecessors. But, midway into his tenure, members of the NBA started seeing the leadership in a different light. They accused the leadership of timidity in the handling of national issues and, most especially, infringements on the Constitution by the President among other issues.

The administration of Wali witnessed the inauguration of the Governing Council of the Young Lawyers’ Forum. In his speech at the inauguration of the forum in Abuja, Wali had noted that the number of young lawyers keeps increasing every year, without commensurate efforts to meet the challenges these young lawyers face in terms of welfare and professional career growth. He said that it was to address the issues bothering on the welfare of young lawyers, which have been impeding their professional growth, that led to the establishment of Nigerian Bar Association Young Lawyers Forum (NBA-YLF).

Two weeks ago, the Wali-led administration inaugurated a six-storey edifice on high brow Victoria Island, Lagos. The building, erected through Build, Operate and Transfer (BOT), is behind the NBA House and was built by Dr. Wale Babalakin through one of his firms, Stabilini Visinoni Limited. Wali said the property was developed to boost NBA status as well as shore up its revenue, just as he emphasised the need for continuity in governance.

He also made landmark pronouncements on national issues. At the end of a Peace and Security Summit in Abuja last year, the NBA called on the Federal Government to declare a state of emergency in the education sector to arrest its decline in the sector forestall the looming horrendous future, 20 to 30 years from, of the country being dominated by ill-educated and ill-equiped citizenry.

To curb corruption by those holding executive positions, the NBA under the leadership of Wali called for the removal of the immunity clause which is vested on serving governors and the President for the fight against corruption to be meaningful. At the height of the crisis that rocked the Nigerian Governors Forum (NGF) last year, the NBA advised members of the forum to concentrate on the business of governance so as not to incur the wrath of the electorate. He advised them to resolve their crisis and focus on the delivery of the dividends of democracy. Expressing concern over the crisis of the NGF, Wali warned the Forum against deviating from its objectives adding that the recent activities of the NGF are an eloquent testimony to the primacy of politics over provision of good governance and development for Nigerians.

To improve operations of the judiciary, Wali also last year, called for the use of automated recording system in courts to enhance speedy dispensation of justice. He reiterated the need for the judiciary to improve on court processes in order to meet up with the increasing number of court cases in the country, lamented that that Nigerian courts did not belong to the present dispensation technologically.

“Our courts technologically speaking do not belong to this century and our judges cannot do much in this circumstance.”We do not have the facilities in the courts, so you have a situation where in 2013 our judges still take down notes in long hands and that is horrible.

“If you go outside this clime and you watch court proceedings, you would discover that the whole thing is being recorded. We have to technologically update our courts. There must be automated recording system in the courts”, he said urging relevant authorities to quickly equip Nigerian courts to meet global standards.

Wali declined to participate in the just concluded National Conference to protest the single slot allocated to the association by the Federal Government. At its executive meeting in Ekiti State, the association said one representative from the body was insufficient for it to make an impact at the conference. “In view of the fact that so many legal issues would be addressed at the national conference, it is only fitting and proper for the umbrella association of all lawyers, the profession with expertise on law making in Nigeria should have more than one slot,” the NBA President, Okey Wali, announced in the communiqué he signed after the meeting.

REACTIONS

Iwilade said: “I would have wished the lingering question of full democratisation of the electoral processes leading to choosing the national leadership of the Bar, through universal suffrage, was frontally addressed. But it wasn’t. Unfortunately, that remains the fulcrum on which our moral authority, to sermonise on issues like defense of constitutionalism etc, can sustainably stand.”

However, a former Secretary of a branch of the NBA, who asked not to be named, said the Bar did not fare well under Wali. He scored zero in some areas, adding that the outgoing did wellin other areas where he made promises at inauguration .

“Without mincing words, I’ll tell you straightaway that NBA did not fare better than the way it was before the assumption of leadership by the outgoing administration under the leadership of Wali .”

On human rights, he scored Wali zero. According to him, NBA at the national level did not do enough to speak and take action against many mindless violations of the rights of voiceless Nigerians and even the privileged ones who were battered and had their rights violated by government at various levels.

On lawyers’ welfare, he said nothing was done to improve the plights of lawyers particularly the junior ones in the last two years. “So, its zero performance as far as I know”.

He, however, admitted that the “the NBA under Wali’s presidency advocated for discipline in the Judiciary. The praise and glory however should go to the Chief Justice of Nigeria, Aloma Mukhtar who has doggedly battled indiscipline in the judiciary.

“On lawyers’ discipline, the outgoing NBA President actually made discipline of lawyers a top priority of his administration. I’ll however say NBA saw more lawyers being disciplined by way of suspension or outright de-robing. But did that result into a decrease in indiscipline amongst Nigerian lawyers, I’ll say No”.

He said Wali’s scorecard on the defence of the rule of law/Constitution is average, while admitting that there were instances when the outgoing administration took some steps towards the defence of the rule of law, but no serious effort could be said to have been manifestly made in that direction.

“Integrity of the Bar was a serious issue in the last two years. Even those who are not lawyers questioned the integrity of the Bar. It is certainly a very low rating for me.”

On the performance of the NBA as the voice of the down trodden ” it is sadly a far below average performance for me. It will be more embarrassing to start listing instances where an average Nigerian would have expected action from the NBA, but silence was the case”, he said.

August 26, 2014
How to end corruption

Lawyers converged on Lagos Sheraton Hotel, Ikeja for the launch of Dr. Kolawole Olaniyan’s book, Corruption and Human Rights Law in Africa, last week. They emphasised the need to depoliticise and internationalise anti-corruption war. Precious Igbonwelundu reports.

Lawyers have attributed the abuse of human rights in Nigeria and Africa to massive corruption. They advocated the internationalisation of anti-graft war in the continent when they converged on the Lagos Sheraton Hotel, Ikeja, for the launch of the book: Corruption and Human Rights Law in Africa, written by Dr. Kolawole Olaniyan of Amnesty International.

The event, which had lawyers and academia in attendance, saw the stakeholders lamenting the negative effects of corruption in the continent.

They noted that the practice where corruption is only fought through criminal proceedings was no longer effective. They advocated the need for the depoliticisation and internationalisation of war against corruption in line with the African Charter on Human and Peoples’ Rights.

The lawyers said Olaniyan’s 368-paged book, came at a time when the continent’s leaders were neck deep in corruption. To them, it was an apt solution to salvage Africa.

They noted that anti corruption movement needs certain strengths the human rights law framework has established. For human rights to be realised, it must root out underlying causes of corruption.

Answering question on why it took human rights time to address grand corruption, Olaniyan highlighted several key points.

He stated the need to attach an appropriate level of moral imperative to war on corruption, noting that: “It is not just an abstract, victimless crime or tool for political revenge. It is a central cause of human suffering and poverty, and real people are real victims, everyday. The victims are largely neutralised (and virtually anonymous) in the criminal process, with no access to human rights remedies,” he said.

He continued: “Education, health, development, basic freedom to information, association and life, fair trials and private property rights all languish in the hands of a governance structure laced with corruption. Just as in human rights discourse, the socially and economically vulnerable suffer the most.

“But where can we, the people, the “victims of corruption” go for redress? Who will hear our cries for help when we know all too well that our treasuries are being pilfered while public services – from physical infrastructure to fair criminal justice systems and humane, equal treatment of our populaces–are routinely denied?” he queried.

Continuing, Olaniyan said as long as instances of grand corruption continue to be treated solely as particular criminal acts of individuals, various immunities will protect wrongdoers from sanctions and the argument of state sovereignty will politicise international efforts at accountability.

“The human rights normative framework, however, has succeeded in limiting otherwise unchecked state power by imposing the duties to protect, respect and fulfill human rights, in effect, realising a concept of public trust.

“The state is entrusted to operate for the benefit and security of the people, not to take what it will from the people’s national coffers. Law protects people, not states; the power of the state is not absolute and cannot be used as a veil for abuse by its agents, but rather is responsible for their acts,” he said.

Instead of struggling through the inept causation standards in criminal law, Olaniyan suggested that “the obligations of the state rather than the corrupt acts of its high-ranking officials” be considered to establish responsibility.

“We could look to a state’s acts, or failures to act, in carrying out obligations and commitments under international treaties on corruption and human rights to determine a nexus of breach of diligence and vigilance, corrupt acts of high-ranking officials and alleged human rights violations. This general form of showing causation is more fitting, considering especially the secrecy within which corruption lives,” he said.

Reviewing the book, Abdul Tejan-Cole, a former head of Sierra Leone’s Anti-Corruption Commission, called it “a coming of age story of the anti-corruption movement”.

Represented by Jude Ilo, Tejan-Cole described the book as a representation of a scholarship that responds to the urgent governance need in Africa; a provocative endeavour that casts a different light on the understanding of corruption and an ingenious exposé that elevates corruption to an existential threat to human rights in the continent.

“The ability of the author to weave this compelling narrative is both profound and commendable. Each year, international anti-corruption day precedes human rights day, but in all other ways, the developing struggle against corruption follows the path laid by the human rights movement.

“Anti corruption efforts would be best progressed by relying not only on the shoulders of national criminal law systems, but also thorough recognition by and integration into global and regional human rights law, norms and practice.

“The 368-paged book painstakingly considers the many faceted perspectives of this proposition from a review of existing treatment of grand corruption schemes in domestic criminal law settings to a look at the wide-ranging scope of human rights protected by the African Charter on Human and Peoples’ Rights and other international treaties impacted or violated by corruption, to the theoretical bases for applying the normative human rights framework to a problem, which has proven too vast to handle through criminal law alone, results in a reference point for lawyers, judges, elected leaders and civil society alike to take the movement forward.

“The application of this framework to grand corruption is clear, as is Olaniyan’s clear advice that sticking with a strict adherence to traditional norms of state and sovereign immunity of national criminal law systems will always keep us from touching the lifeblood of corruption,” he said.

According to Tejan-Cole, there should be a derivative proceeding such as practised in corporate shareholders’ actions that would allow members of the public to bring in recovery of stolen assets.

He said though civil society’s experience in initiating and supporting anti corruption proceedings elucidate other complications in getting to accountability, there is still more work to be done in showcasing the damage corruption does to human rights.

”Recent and unfolding experience in international asset recovery and repatriation schemes also reveal a host of thorny issues that will likely require significant time to develop into norms, which respect not only peoples’ rights to wealth and development, but also democratic values of governance and decision-making by a truly representative mechanism, lest we devolve into battles between peoples’ within a state and between the people and the state.

“In practice, finding answers to some of these questions will be difficult. Although relating corruption to human rights will enable governments and spirited public citizens to use human rights mechanisms to address the problem of corruption, making corruption a human rights issue will not necessarily on its own ensure that it is eliminated.

“The author acknowledges the limitation of this approach and rightly opines that human rights approach to corruption should only be a part of multi-tiered engagements that should incorporate all other mechanisms for fighting corruption.

“He outlines a multiplicity of strategies for addressing corruption in the region. It is clear, though, that a one-size-fits-all response to corruption cannot satisfactorily or effectively address the problem, especially given its complexities, multidisciplinary and contemporary nature (and the fact that its causes vary widely), and its varying, but devastating effects on human rights in regions like Africa.

At the event were Oba of Lagos, Rilwanu Akiolu; All Progressives’ Congress spokesman, Lai Mohammed; Tayo Oyetibo (SAN); Prof. Olowole Smith (SAN); Prof. Ibidapo Obe; Mr. Femi Falana (SAN); Bisi Olateru-Olagbegi; Richard Akinola, among others.

August 26, 2014
Daudu,Gadzama, Akpedeye for forum tomorrow

Former President, Nigerian Bar Association, Mr. Joseph Bodunrin Daudu (SAN), former chairman NBA Section on Public Interest and Development Law (SPIDEL) Mr. Joe-Kyari Gadzama (SAN) are among dignitaries expected at the Lawyers in the Media (LIM) programme tomorrow at the ongoing 54th Annual General Conference of the Nigerian Bar Association (NBA) holding at the Hotel Owerri, Imo State.

Former Director-General, Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Epiphany Azinge (SAN) will chair the session, while Mr.Dafe Akpedeye (SAN) will be the keynote speaker.

The NBA Conference began in the Imo State capital on Sunday amid several challenges, including late registration of conference participants, late arrival of conference materials, and non completion of the surroundings of the conference venue.

The Theme for this year is: Nigeria, 100 years after and consequently, the lawyers in the Media Forum will be looking, at the topics: Media, Law and the struggle for good governance in Nigeria in 100 years-the Journey so far and Pronouncing and enforcing legal penalties for the violation of political advertisements in Nigeria: Issues, Prospects and Challenges.

Chairman, Lawyers in the Media Forum, Mr. Charles Odenigbo said: “The objective of the topics is to update and broaden the knowledge of Media Lawyers in the broadcast, newspapers and magazines, Public Relations, advertising, law and ethics and also promote strict adherence to, and advance the frontiers of media law among others”

Speakers and discussants at the sessions include the Registrar of Advitising Practioners Council of Nigeria (APCON), Prof. Chidi Odinkalu and Festus Okoye. This will be followed by the election of new officers.

August 26, 2014
Ex-NIALS DG to chair Lawyers in the Media Forum conference

THE immediate past Director-General, Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Epiphany Azinge (SAN), will on Wednesday, August 27, at Hotel Owerri, chair the Lawyers in the Media (LIM) Session at the Nigerian Bar Association (NBA) Annual General Conference.

The Theme for this year’s conference is: “Nigeria, 100 years after”.

The lawyers in the forum will be looking, the topics: “Media, law and the struggle for good governance in Nigeria in 100 years-the Journey so far and “Pronouncing and enforcing legal penalties for the violation of political advertisements in Nigeria: Issues, prospects and challenges.”

Chairman of the forum, Mr. Charles Odenigbo, said: “The objective of the topics is to update and broaden the knowledge of lawyers working in the media in the broadcast, newspapers and magazines, public relations, advertising, law and ethics and also promote strict adherence to and advance the frontiers of media law among others.”

Speakers include the Registrar of Advertising Practioners Council of Nigeria; Prof. Chidi Odinkalu, former President of NBA, Joseph Bodunrin Daudu (SAN); former chairman of the NBA Section on Public Interest and Development Law (SPIDEL) Chief J. K. Gadzama (SAN) and Comrade Festus Okoye.

August 19, 2014
Court adjourns armed robbery suspect’s trial to Sept. 25

An Ikeja magistrate court has adjourned the trial of an armed robbery suspect, Adebola Oladipupo, 20, till September 25.

The court, presided by Magistrate I.M. Dan Oni, adjourned trial to enable the suspect prepare for his defence.

Magistrate Oni, who stood in for the substantive magistrate of the court, Oshodi Makanjuola, told the defendant to be prepared to counter the charges preferred against him by the police at the adjourned date.

Oladipupo is facing a three-count charge of conspiracy, illegal possession of fire arms and armed robbery.

The police alleged that the defendant, on May 31, at T. Junction, Epe, Lagos, conspired to commit felony to wit, obtaining an AK47 rifle and thirty (30) rounds of live ammunition and thereby committing an offence.

He said the offence is punishable under Section 1(2)(a) of the armed robbery and firearms (special provision) Act, Cap. 398, Vol.XXII, Laws of the Federation of Nigeria 1990 as amended.

Prior to the adjournment, Inspector Nurudeen Thomas alleged that the defendant conspired with others at large to obtain an AK47 rifle and 30 rounds of live ammunition from Bethuel Thomas.

The defendant was also alleged to have stolen an Ak47 rifle being the property of Bethuel Thomas.

The defendant pleaded not guilty when the three-count charges were read to him.

The trial magistrate ordered that the defendant be remanded in prison custody till the next date of hearing.

She adjourned the matter till September 25 for hearing.

August 19, 2014
‘Corrupt judges should face trial’

Adedotun Habeeb Adetunji is the Chairman of Nigerian Bar Association, Ikorodu Branch. In this interview with JOSEPH JIBUEZE, he expresses his views on how corrupt judges should be treated among other issues.

A retired Supreme Court justice once said the legal profession is retrogressing. Do you agree with him? And how can the falling standards be halted (both in the bar and bench)?

Before I became a lawyer, I have been hearing of falling standards in the legal profession. But we should look at this from the broader perspectives and not just the legal profession , the educational standard in the country has fallen and with it all the other sectors too.

Tracing the retrogression in the legal profession, one would see that decentralisation of the Nigerian law school was part of it. This is evident when you observe the sorry performance of some of our Lawyers in courts. I mince no words in advocating that law degree should be a second degree course in Nigeria as its obtainable in the United States and United Kingdom.

Most of our young colleagues these days graduate between the ages of 20-22 years and I believe they should be encouraged to do their post graduate courses to enhance their deep knowledge of the law and their capacity to face the challenges of the profession. Continuing legal education as a way of halting the falling standard in the legal profession cannot be over emphasized, for me it should now be compulsory for all legal practitioners as obtainable in other climes.

A lot has been said about slow the process of justice administration/dispensation. How can this problem be solved?

The caliber of personnel appointed to judicial positions is one of the major problems we have as it relates to the slow process of justice administration/ dispensation. For instance if a legal practitioner is called to the Nigerian bar and hitherto has worked all his years in the banking sector attending to mortgages and debentures, who is eventually appointed to the bench to deal with matters that are not banking related, how do you expect him to perform?

Obviously, that person lacks the capacity to adjudicate on the various cases that comes to the court. Remember our courts are not that specialised. One judge will do land matter today, tomorrow he will do company matter, another day he will do criminal matter. It is a general court, if you now bring somebody whose only knowledge of law is about mortgages and debentures to handle land matter, how do you expect him to   deliver a sound judgment? That is why there is delay; they keep adjourning the cases because they don’t know what to do or what to write.

Even at the Court of Appeal, some of those that are being appointed these days are not really       qualified but because of the flaws in the system, they find their way to the court of appeal. The solution lies in putting a square peg in a square hole. The procedure for appointment of judges must be reviewed and overhauled for us overcome this challenge.

What is your assessment of NJC’s role in judge’s performance, considering that some still exhibit laziness, such as by sitting late?

The presence of lazy and incompetent judges in the judicial system is a great challenge to it. The NJC that ought to be the regulatory body has largely been found wanting. Till date, the NJC has neither sacked nor penalised judges for laziness or for lack of productivity and as such we continue to experience long delays in the adjudication process. Ditto for incompetent judges; every day we read about horrible judgments being dished out by some of our judges and yet nothing is done by the NJC.

The best they did was perhaps the suspension of Justice Talba of the pension fund scam fame for just one year. So we find people getting more courageous at being lazy and incompetent because they know they can get away with it.

There have been calls that judges found guilty of corruption be made to face trial rather than just retiring or dismissing them. Do you buy the idea?

The principle of presumption of innocence entitled a person to defend himself with everything at his or her disposal including good legal representation. Besides, the best way to deal with corrupt judges is not merely to dismiss or retire them quietly when they are found culpable as NJC presently does, but to subject them to a full criminal trial. If it has been established that a judge is corrupt, he should be tried. That’s the only way the judiciary can operate with moral authority. We must give corruption the real treatment it deserves hence it is my opinion that judges in such situation must face the consequences of their actions.

The CJN said the corruption in the judiciary is aided by lawyers. Do you think the NBA doing enough to check lawyers’ excesses or is more required?

Corruption is the greatest challenge we are facing in the judiciary. It is pervasive and threatens the legal profession like the sword of Damocles. The issue of corruption in the judiciary must be tackled headlong if we are to remain relevant in the society. Judges should be made to publicly declare their assets at the time of being sworn in and at the time of retirement or elevation.

Judges should be made to explain the source of money for the mansion and castles they build while in office. Judges who have less than two years to retire should not feature in election petition cases or appeals. In this way, judges will be cautioned and would to a large extent be able to resist temptations from lawyers who will or may want to tempt them with mouth watering sums as bribe.

In the same vein, lawyers caught in such act should be made to face disciplinary action at the NBA level even though it is apparent that the NBA as presently constituted have not gotten enough machineries to monitor lawyer’s activities and /or to check or contain lawyers excesses. The NBA needs to be visible in this regard and be seen to be able to curtail the excesses of lawyers which are quite enormous in the circumstance.

You were recently elected chairman of NBA, Ikorodu Branch. What should your members expect from you in the next two years?

Welfare of members is paramount on my mind with special attention to the young lawyer’s forum of the branch. Unity of the branch cannot be compromised and all promises made during electioneering campaign, I shall strive, God willing to fulfill. I promised amongst other things a functional website and wireless internet connection at the secretariat, lawyers estate in ikorodu, reduced membership fees, befitting law week, series of continuing legal education session amongst various others.

Do you agree that NBA election is long overdue for reform? What aspects of the process would you want changes made?

I would have loved to see the delegates system of voting abolished as unrealistic as that may be for now. The zoning nonsense in the NBA is one thing I don’t believe in. I believe it does not produce the best of the candidates. I would love to see a system of electronic voting introduced so that lawyers can vote without necessarily converging at a point and would have avoided the risk involved in transporting oneself to a particular location where the delegates’ conference is to be held.

Nigeria is still rated high on the corruption index. Is the government losing the war against graft and official sleaze?

In my view, Nigeria has no clue of how to tackle the monster called corruption. Every day, it rears its ugly head, it lives with us, dine with us. Only a massive revolution can separate Nigeria from corruption. We have not started the war against it, so we can’t be talking of winning or losing it.

Some have said President Goodluck Jonathan has failed as far as security is concerned. Do you agree? And are you impressed with his administration’s performance for him to return for a second term?

Saying the president has failed as far as security is concerned is an understatement. Is it the Chibok girls we’ll talk about, or the Boko Haram that is killing scores of people daily? All this administration is after is how to perpetuate itself in office, the President has turned crucial national policies into 2015 elections. When it comes to crucial economic decision, the government is clueless, but when it is politics you see the bare fang of the President.

Please tell us a bit about why you chose law as a profession. Was it by accident?

Actually, it was not an accident, rather by design. My father, Chief M. A. Adetunji JP,   was the architect of my choosing law as a profession and he, with the help of God, did all he could to ensure that I became a Lawyer. I am proud to be a Lawyer today and I would remain eternally grateful to him and my Creator.

If you weren’t a lawyer, what would you have been?

I thank God for putting me on the right path because if I weren’t a Lawyer, I have always wondered what I could have become. Becoming a political scientist is the closest I have ever thought of but I wouldn’t have been so satisfied and contented the way I am today as a lawyer. I think being a lawyer to me is the ultimate.

August 19, 2014
Lawyers divided on use of soldiers for elections

Lawyers have expressed divergent views on the use of military personnel, particularly masked armed men, for elections in the country. Some described their deployment as illegal and unconstitutional, while others saw nothing wrong in it, saying as long as it ensures a free and fair election.

One of those, who spoke against it was the former chairman of the Nigerian Bar Association (NBA), Ikorodu branch, Sahid Shillings. He said it was dangerous deploying masked armed personnel.

He said if one was caught in a cross-fire, it was unlikely to seek protection with masked armed personnel even if he was fighting one’s enemy.

Shillings said: “Some of the security experimentations, including allowing policemen in mufti carry ammunitions, could endanger the public even when the intention is genuine.

“I first saw masked soldiers at the NBA election in Abuja. I was shocked and a bit frightened because anything could happen. Somebody must explain to me what a security officer does that he needs to hide behind a mask. If I am caught in crossfire, I will not run to a masked man even if he is shooting a known enemy. There seems to be danger lurking behind these masks. We will never get used to them. In fact, they only remind us of the predictions for 2015. The Federal Government should reconsider the action because we are preparing too.’’

Former secretary of Ikeja branch of the NBA, Mr. Adesina Adegbite, also condemned the action strongly, saying: “It was indeed, a very demeaning and condemnable act that is not good for the image of the country.”

However, an activist, Ikechukwu Ikeji, disagreed insisting that it does not in any way violate any provisions constitution. “it is playing the ostrich to say that the deployment of soldiers to help the security apparatus during the Osun State governorship election was an outright violation of the constitution. Nothing can be farther from the truth. This view point is either borne out of ignorance of the law or mischief or propaganda,” he said.

Section 218 (1) of the 1999 Constitution of Nigeria, According to him, provides as follows: “The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.” This simply portends that if the President determines that it was necessary to send in the armed forces to help the security, he is acting very much within his powers under the Constitution.”

Ikeji argued that soldiers have been used by sundry States in Nigeria to help the Police to combat armed robbery and kidnapping and that there has been no criticism of that process, “with even most state Governors providing financial and material support to the military in these combined operations.

“In Lagos State, for example, we have the OPERATION MESA operating under the command of an army officer and having armed forces personnel as key members. This simply portends an unusual situation. Unusual problems require unusual remedies”, he stated.

He said “the essence of our present democratic pursuit is to achieve a one man one vote electoral process and the Osun and Ekiti elections, in my humble view, have both achieved this. The use of the military did not derogate from this result. One can claim that the result of the Osun State governorship election was rigged or manipulated or was not a reflection of the wishes of the Osun people but we can only honestly ascribe this success to the presence of the military.”

Ikeji advised that people should desist from being unduly cynical about a necessary event that the presence of the military is.

“Some questions come to mind. Did the military stop one man one vote? Did the military stop anyone from coming out to vote or did the military force anyone to vote against his or her wish or did the military change the election results?

“Those saying that the presence of the military was over militarisation have not given us a realistic option.

He advised that what we should take out of the present situation is to start putting effective measures in place to ensure that with time, we can conduct elections without the deployment of troops.

“This will happen over time, but for now, our democracy and politicians are too corrupt to leave in the hands of politicians in the strict sense. In Osun, there was was massive turn out, people behaved themselves and even the military never interfered with the process.

“If you juxtapose this with the fact that the President has a constitutional power to deploy troops, then we would all be in agreement that the will of the people came to pass and that is the bottomline in elections.

“It is too utopian to leave elections in the hands of politicians today and expect a free and fair election.

“One would even suggest that the Osun State governorship election template be used by INEC to conduct the entire local government elections in Nigeria until such a time that we could put our acts together,” he stated.

August 19, 2014
NBA branch chair seeks cut in cost of governance

The Chairman, Nigerian Bar Association (NBA), Aba branch, Mr. Chidozie Ogunji, has called for a reduction in the membership of the National Assembly as well as certain political offices to check the rising cost of governance.

He lamented that funds which could have been used for developmental projects are diverted to service the various political office holders, stressing that such is not in the best interest of the country.

“The truth must be told; governance has turned into a multi-billion naira enterprise in Nigeria. Something must be done about the problem of high cost of governance in Nigeria. I’m of the opinion that the number of political offices must be reduced to free up funds for developmental projects. Look at the state of our roads and other infrastructure; the funds we use to settle political office holders could have been used to address this problem. What has a country like Nigeria got to do with as many as over 40 ministers? The federal cabinet must be reduced to a more manageable size. It you look at the size of our National Assembly, it is unwieldy. Let the two chambers be retained but with a reduced number. For the Senate, it should be reduced to two members from each state while the House of Representatives can be cut down to five members per state.

“Representation must not be on the basis of local governments in each state. This should be done to a manageable number, not this present arrangement where we have close to 500 representatives. Looking at the National Assembly, it is clear that some member only went there to sleep and earning free money while others are gallivanting all over the world. Only a few percent of the membership of the National Assembly have been able to justify their membership.”

He continued: “Even at the state level, you see a commissioner who is an appointee of the government having Senior Special Assistants (SSAs), Special Assistants, and other aides who all draw salaries from the state. There should be a limitation to these abuses of governance. Apart from key office holders in the legislative, judiciary and Executive, the other level of officers should not have this retinue of aides drawing salaries from state treasury. There should be limitation; for the governor, Speaker and Chief Judge, they need people with special skills to assist them perform their duties, but the issue of a commissioner, Board Chairman, Permanent Secretary and other officers in their cadre having SSAs, SSAs and all that, must be stopped.“

August 19, 2014