The Nation Newspaper

Category: Law

  • Wanted: A vibrant NBA

    Wanted: A vibrant NBA

    The outgoing Nigerian Bar Association (NBA) leadership is perceived by many, including lawyers, as not living up to expectation. They acussed the leadership of, among others, not speaking truth to power. Last week in Abuja, a new leadership, which will be sworn in next month, was elected. How can the incoming Augustine Alegeh-led NBA make a difference? What should be its focus? Lawyers set agenda for the incoming executive. PRECIOUS IGBONWELUNDU collates their views. 

    The Nigerian Bar Association (NBA) used to be the  voice of the voiceless; a thorn in the flesh of bad leader. But in  the eyes of many, the association has lost its voice.

    The national body seems to have become so withdrawn that some branches are now more popular, especially when it comes to taking positions on national issues.

    From being actively engaging and holding government at all levels accountable, the NBA has in the view of many become a political tool rather than the nation’s conscience.

    Unlike in the past when lawyers ran for elections to serve the interest of the majority, even with their own resources, leadership positions in the NBA have become   avenue for those elected to enrich themselves.

    Hence, observers believe it was not surprising the intrigues and tension that characterised the campaign periods of the recent NBA election, which saw Augustine Alegeh emerging as president with over 691 votes.

    Although the presidency was zoned to the West, the disharmony and inability of the Egbe Amofin to produce a consensus candidate paved the way for Alegeh’s  victory.

    Now that the elections are over, lawyers are of the view that there are many tasks ahead, which must be achieved to return the association to its glory days.

    In her concession speech, one of the candidates, Mrs. Funke Adekoya (SAN), said her goal was to restore the profession to its revered and respected status as the voice of the voiceless Nigerian people and the defender of the interests of legal practitioners.

    Congratulating Alegeh, Mrs. Adekoya demanded probity, ethical conduct, policies that are in the best interests of lawyers, as well as holding officers accountable to the highest standards.

    Like Mrs.Adekoya, lawyers want the new NBA leadership to focus on rebuiding the Bar and returning it to its position of pride.

    They want the Alegeh administration to restore the sanctity and supremacy of the law by ensuring that court orders are obeyed.

    They want corrupt lawyers and judges to be severely sanctioned, with the NBA lending its voice without fear on issues affecting the common man.

    Among those who spoke on the issue were Jibrin Okutepa (SAN) Joseph Nwobike (SAN); Dr. Fred Agbaje; a former NBA Ikeja Branch chairman Monday Ubani; NBA Lagos Branch chairman Alex Muoka and a Constitutional lawyer Mr Ike Ofuokwu.

     

    Lawyers’ expectations

    Okutepa said the new leadership must focus on the state of the Bar and the judiciary.

    His words:: ‘‘We must focus on ourselves. Why is it that honour, integrity, discipline and respect for ethics, value and dignity have all disappeared from the sub consciousness of almost all lawyers old and young inclusive?

    ‘‘The Bar under Alegeh SAN must find answers to this. Why are some lawyers no longer men of honour? We must find solutions to the corrupt electoral process. Why is it that the followership makes open demands on candidates for election? We must beam our search lights on discipline in the profession.

    ‘‘It cannot be business as usual. Why is it that the association has nothing to offer its members in terms of welfare? Why for instance will the association not pick the bills during delegate conference for all delegates? We must discuss the state of the judiciary. We must expose those who are bad and punish them.

    ‘‘NBA must be above board. The elders of the profession must be brought back to attend NBA functions. We must ensure that NEC meetings discuss issues and with seriousness too. The current manner of discussing issues must change.’’

    However, Nwobike argued that the NBA was still vocal and active, just as he noted that the association was not a trade union.

    ‘‘The truism is that NBA is not a trade union. Its activism must be located within the context of the current and prevailing challenges and issues facing the nation. In the past when the country was under the military rule, several issues bothering on interference with the fundamental rights of the citizenry and disobedience of court orders were rampant.

    ‘‘These and other issues made it compelling for the NBA at that time to find itself confronting governments at all levels on a regular basis. Now, the issues have changed thus making the current leadership of the NBA to dwell on the issues that are now prevalent in our society.

    ‘‘It will therefore be unfair to accuse the NBA of today within that paradigm. It is also important to understand that the primary objective of NBA is to tackle the challenges being faced by its members.

    ‘‘That primary responsibility is what I consider very paramount and the appropriate parameter in evaluating their performance and not on their activism on public interest issues. Granted that their role in addressing public interest issues is equally important, it should not be the sole benchmark for assessing their performance and relevance,’’ said Nwobike.

    Agbaje expressed displeasure that previous leadership of the NBA has remained conspicuously silent in major national issues happening in this country.

    He said the leadership of the NBA could ot afford to play the role of a Pontius Pilate by pretending not to be concerned about the threats and various abuses to which democracy and the rule of law have been subjected to.

    ‘‘It is part of the fundamental and unquestionable responsibility of the NBA leadership to ensure that our political leaders at all tiers of government subject themselves to the rule of law and principle of constitutionalism as enjoined by the NBA rules.

    ‘‘The last time the NBA was assertive of this major constitutional responsibility of holding the government accountable to the people of Nigeria was the regime of Chief Rotimi Akeredolu, who did not only bring activism back to the NBA but also ensured vibrancy in the activities of the NBA leadership and by extension, putting the various governments of Nigeria on their toes.

    ‘‘Hence, the present leadership must ensure that its goals include the strict adherence to the rule of law and principle of constitutionalism by the political leaders; that the judgment and orders of court from Customary to the Supreme Court including Sharia/Alkali courts are implemented and where damages are awarded against the government or its agents, in the absence of any appeal, must be paid within three months.

    ‘‘Welfare of lawyers must also be given paramount consideration including insurance, which can be taken from our various practice payments.

    ‘‘Government must be encouraged to create more employment opportunities for Nigerians and lawyers; principle of democracy and the underlying philosophy behind our federalism which must include fiscal federalism must be urged on the government at all times.

    ‘‘The NBA leadership must insist on government and its agent going to court rather than resorting to self help as was done by the federal government through the unlawful clampdown of media houses.

    ‘‘The rights of Nigerians as enshrined in the constitution, including the fundamental objectives in chapter two must be respected by the government as a way of deepening democracy in Nigeria.

    ‘‘The NBA must work assiduously to ensure corruption is fought to a standstill irrespective of whether those involved are serving judges, lawyers, civil servants or private individuals. Lawyers who deliberately delay or frustrate hearing of corruption matters should be sanctioned adequately,’’ said Agbaje.

    Ubani, a former Ikeja branch NBA chairman, said the electoral reforms and the welfare of lawyers, including continuous legal education, should be pursued with utmost zeal and religiously too.

    ‘‘He has no time at all as two years is short a time. He should reach out to all the losers especially the presidential candidates and bring them on board in order to move the body forward.

    ‘‘Alegeh owes the body the duty of reforming the Bar comprehensively by carrying every one along. The NBA must speak truth to authorities at all times especially where there is failure of leadership in governance.  We pray for God’s wisdom upon him and his fellow executive members,’’ he said.

    To Muoka, the NBA Lagos branch chairman, respect and trust must be built by the NBA to effectively act as the ombudsman it is.

    ‘‘The reputation of lawyers and the bar is at an all-time low. Corruption and indiscipline have become so rife that the average man doesn’t trust a lawyer. How can a mistrusted ombudsman speak for the people?

    ‘‘My charge, therefore, for the new leadership of the bar is to (as a matter or urgent necessity) reform the bar. We must deal with ourselves first. We must reform our elective processes and make them universal, transparent and credible. We must ensure that corruption and indiscipline in our midst are decisively tackled.

    ‘‘We must increase the skill set of our members and safeguard their welfare and earning capacity.  We must make the bar relevant – not just to national officers, NEC members, and delegates, but to all 90,000+ lawyers.

    ‘‘We must return the bar to its glory days and enthrone its importance first as a professional association and then as the voice of the common man,’’ he said.

    Although Ofuokwu said it was unfair to criticise the NBA for not being vocal and active, he acknowledged that the era of judicial activism was long gone attributing same to ‘‘better adherence to the rule of law even though much still needs to be done.

    ‘‘One expects a very vibrant bar that will be vocal and active in all national issues without being partisan particularly as it affects the ordinary man on the streets; that will stand firmly by the tenets of democracy and the rule of law and that will condemn very loudly all acts of executive lawlessness and impunity.

    ‘‘The new exco should focus on restoring the integrity of the judiciary and the bar by strengthening its disciplinary arm towards erring members and they should in addition see to the fiscal autonomy of the judiciary to make it truly independent,’’ said Ofuokwu.

    A member of the Ogun State Judicial Council, Abayomi Omoyinmi, said the new NBA leadership must ensure the rule of law is protected.

    “It must stand firm towards making sure that the indices of what the law and the third arms of governance stand for is protected, including separation of power and interference from any other arm of governance. The NBA must make sure that any attempt by any authority to subvert the rule of law is jealously protected.

    “The NBA must also make sure that their ultimate stand towards sanitizing  the country and making sure that rule of law prevail especially in a democracy is paramount. The NBA must bring back that glory time and spirit that made it to stand out in the country, that which was evident during the military era, and which ultimately led to the collapse of that type of governance.”

    A former Ikorodu Branch chairman of NBA, Sahid Kolawole Shillings, said: “The main causes of docility concerning national issues and rule of law are: fraternity with ruling class to sustain support for programmes, deficiency of opinion aggregation in the association and the wrong focus of leadership on purely bar-qua-bar matters.

    “May I suggest a social-media-powered Law Bureau where lawyers can express opinion on variety of issues and may, by the strength of such opinions, compel attention of our leadership to address them. Further, the individual lawyer or lawyers working in concert must begin to live up to the billings of our calling regarding socio-political responsibility to this failing nation. The vibration of the pockets of action will impact on our association.”

    A lawyer and activist, Mr Ikechukwu Ikeji, said it is important to break the cabal holding NBA in the jugular.

    “The first step to take is to pass a law that all members of the National Executive of the body should be disqualified from taking or accepting briefs from governments at all levels. You find that being a member of the national executive is now the key to getting fat briefs from governments. They lick the boots of government officials.

    “The implication is that the members of the executive are fettered in their ability and objectivity to speak to or against authority. They should be banned from also being appointed to any government position during their tenure and at least two years after leaving office. SANs and intending SANs are the worst culprits.

    “The electoral processes need to be reformed completely. The present situation encourages ineptitude and cabalism. Elections into national offices should be by general suffrage meaning that every qualified lawyer having paid his practicing fees as at when due should be qualified to vote. It should not take rocket science to get every lawyer to vote directly for the candidate of his choice. The alternative may be voting by means of Electoral College specifically elected by general suffrage for the purpose of electing national officers.

    “Again, every lawyer should be given equal opportunity to contest for national positions as against the present syndicated method being used. There also should be established electoral appeal panels that are independent enough to upturn any election result found to be wanting or not satisfactory of the requirements of the electoral guidelines.”

     

    The man Alegeh

    Simply known as counsel to convicted former Delta State Governor, James Ibori, not very many people knew that NBA President, Augustine Alageh wanted to be a Catholic Priest.

    Born in Warri, Delta State on August 10, 1964 to the late DCP & Mrs. Matthew Alegeh, the Ikabigbo, Etsako, Edo State indigene attended Saint George’s Primary School, Falomo, Lagos.

    After his primary school in 1974, Alegeh proceeded to St. Paul’s Seminary, Benin City in the hope of becoming a Reverend Father but fate had other plans for him as his parents in 1975, transferred him to Edo College, Benin City to continue his secondary education.

    He obtained his West African School Certificate (‘O’ levels) from Edo College in 1980 and proceeded to the Federal Government College, Warri in January 1981 for his ‘A’ levels where he gained admission into the University of Benin to study law in same year and graduated in 1985.

    He was among the 1985/86 Nigerian Law School batch and was called to the Nigerian Bar on October 16, 1986 after obtaining his Bachelor of Law Degree B.L (Hons.) from Council of Legal Education; as well as winning the Bola Ajibola Prize for Civil Procedure at the Bar qualifying examinations.

    Between 1986 and 1989, Alegeh practiced in the law firm of Sadoh & Co. (Legal Practitioners) and rose to becoming Managing Partner sequel to the elevation of his principal to the bench as a Judge of then Bendel State High Court. From Sadoh and Co., the law firm metamorphosed to Alegeh, Agun and Co., and since 1990, is became Alegeh and Co., following the departure of the Firm’s Partner (Francis Agun) to practice in the New York Bar.

    Appointed a Notary Public in 1994, Alegeh is an active member of the NBA who has since 2012, chaired the NBA’s Database and Documentation of Nigerian Lawyers Committee; former chairman, NBA Election Petition Review Workshop; Alternate Chairman – Technical Committee on Conference Planning, 2012; member, NBA National Executive Committee, 2010 – 2014. He is a member of The International Bar Association (IBA).

    In 2007, he was elevated to the rank of Senior Advocate of Nigeria (SAN) and in 2009, awarded a Diploma in International Commercial Arbitration after studying at the Kebel College, Oxford University. He is a Fellow of the Institute of Chartered Arbitrators, United Kingdom.

    Actively engaged in appellate litigation, Alegeh has successfully argued such landmark cases as Omagbemi vs Guinness (Labour Law), among others. Presently, he sits at the board of a host of companies with vast interests in Construction, Information Technology, Engineering, Real Estate and Fast Moving Consumer Goods (FMCG) as well as represents the federal/state governments and their agencies in certain matters.

    He is married to Mrs. Ferishat Alegeh and they are blessed with children.

  • ‘Abia gov’s sack of local govt officials illegal‘

    ‘Abia gov’s sack of local govt officials illegal‘

    This is an appeal from the judgment of the Court of Appeal, Owerri Division delivered on the 23rd day of April, 2010. The Appellants were elected by the people of Abia State to serve as Chairmen, Vice-Chairmen and Councilors in the State’s Local Government Councils. The tenure was for a fixed term of three years (3 years). The Appellants assumed office and commenced the work for which they were elected. On the 16th day of June, 2000 the Governor (1st Respondent) dissolved all the Local Government Councils and appointed Caretaker Committees. As at the date of dissolution of the Local Government Councils in Abia State by the 1st Respondent, the Appellants had a residue of 23 (twenty-three) months of tenure as the Appellants were running a 3 (three) years tenure. The Appellants as Plaintiffs aggrieved, on the 12th day of September, 2000 sued the Respondents as Defendants on an Originating Summons claiming amongst others an order compelling, the 1st Defendant/Respondent to reinstate the Plaintiffs as Councilors of Aba South Local Government Council to complete the residues of their respectively tenures. After considering written addresses filed by both sides, the learned trial judge delivered a considered judgment on the 10th of October, 2002 wherein he refused to reinstate the Appellants because their tenure had lapsed by effluxion of time but however, ordered that the Plaintiffs be paid salaries and allowances as Councilors for the unexpired tenure of their office as Councilors. Dissatisfied with the judgment the Plaintiffs/Appellants appealed to the Court of Appeal.

    The Court of Appeal found that the Governor of Abia State (the 1st Respondent) was wrong to remove democratically elected Local Government Chairmen and Councilors and replace them with unelected Chairmen and Councilors, and the Chairmen and Councilors removed by the 1st Respondent still had 23 months left to complete their tenure at the time they were removed from office. The Court of Appeal granted all the reliefs of the Appellants except for the relief asking the Court for an order compelling the 1st Defendant/Respondent to reinstate the Plaintiffs/Appellants as Councilors of Aba South Local Government Council to complete the residues of their respectively tenures. The Court of Appeal refused to grant the relief on the ground that it was now impossible to grant as the Appellants said tenure had lapsed by effluxion of time. The Appellants still aggrieved with the decision appealed to the Supreme Court. The sole issue for consideration formulated by the Appellants is:

    Whether the lower court was not in error when it failed to make a consequential order, directing, the payment of salaries and allowances to the Appellants, after granting all the Appellants reliefs except relief No. 8, which sought to reinstate them to their offices.

    Learned counsel for the Respondents’ adopted the sole issue formulated by the Appellants.

    Arguing the appeal, learned counsel for the Appellants observed that it is futile to grant all the declarations in favour of the Appellants without granting any consequential order that would be of benefit to them, since they won the case. He argued that the Court can grant a relief that is incidental necessary to the relief claimed even if such incidental relief had not been expressly claimed. Reliance was placed on Nneji v. Chukwu (1988) 3 NWLR (Pt. 81) 184, (1988) LPELR-2058(SC). Concluding learned counsel urged the Court to make a mandatory order directing the 1st Defendant/Respondent to pay the Appellants 10,451,989.00 (Ten Million, Four Hundred and Fifty-One Thousand, Nine Hundred and Eighty-Nine Naira per year to each of the Appellants in lieu of their reinstatement into office to complete the residue of 23 months of tenure, being their salaries and allowances for the period.

    Learned counsel for the Respondent contended that it is misconceived for the Court to order payment and allowances to the Appellants since there is no power in the Courts to grant unclaimed reliefs. He observed that the Court and the court below are not Father Christmas that dole out unclaimed reliefs. Relying Awoniyi v. Amorc (2000) 6 SC (Pt. 1) 103, (2000) LPELR-655(SC); and Akinbobola v. Plisson Fisko (1991) 1 NWLR (Pt. 167) 270, (1991) LPELR-343(SC). Learned counsel observed that since the Court held that the claim of the Appellants had elapsed by effluxion of time the only remedy is to strike out the appeal as monetary compensation cannot possibly follow consequentially from a suit that is academic and spent. He urged the Court to discountenance the Appellants’ arguments in this issue.

    First the Court noted that the findings of the Court of Appeal which remain inviolate in the absence of a cross-appeal by the Respondents is that the Governor of Abia State (the 1st respondent) was wrong to remove democratically elected Local Government Chairmen and Councilors and replace them with unelected Chairmen and Councilors, and the Chairmen and Councilors removed by the 1st Respondent still had 23 months left to complete their tenure at the time they were removed from office.

    In determining the appeal, the Court held that on a careful reading of Section 7(1) of the Constitution of the 1999 Constitution of the Federal Republic of Nigeria it becomes clear that it is the duty of the Governor to ensure that the system of Local Government continues unhindered. The Court further held that dissolving Local Government Councils and replacing them with Caretaker Committee amounts to the Governor acting on his whim and fancies, unknown to our laws, clearly illegal. The Court stated that it is the duty of the Governor to ensure their existence rather than being responsible for destroying them. The Court held that it amounts to Executive recklessness for the 1st Respondent to remove from office democratically elected Chairmen, and Councilors and replace them with unelected Chairmen and Councilors under whatever guise. The Court found the findings of the Court of Appeal to be correct and that such an act by the 1st Respondent should on no account be ever contemplated. That it is illegal, and wrong.

    The Court went further to consider whether the Appellants are entitled to be paid their salaries and allowance etc. On this the Court noted that all Courts in the land are courts of Law and Equity. The Court stated further that elected persons for a fixed term of years can only be removed from office if found to be in breach of the rules governing the office or for infamous conduct and if such a person is removed from office in a manner the Court finds to be wrong he shall be entitled to all his entitlement, to wit: salaries, allowances etc. The Court stated that the Court of equity will not allow the executive to get away with wrongful acts rather it would call the executive to order and ensure that justice is not only done but seen to be done.

    The Court finally considered the question whether the Court can give a consequential order that the Appellant’s entitlements be paid?

    In deciding this question, the Court stated that consequential means following as a result of inference, following or resulting indirectly. A consequential order the Court stated is an order that gives effect to a judgment. It gives meaning to the judgment. It is traceable or following from the judgment prayed for and made consequent upon the reliefs claimed by the plaintiff. The Court stated further that a consequential order must be incidental and flow directly and naturally from reliefs claimed. That it is an offshoot of the main claim and it owes its existence to the main claim. It gives effect to the judgment already given. See Obayabona v. Obazee (1972) 5 SC p. 247, (1972) LPELR-2159(SC).

    In this case the Court stated that the Appellants’ salaries flows naturally from the relief which sought reinstatement as a result of wrongful termination and that a consequential order can in the circumstances of this case be made to order the payment of the Appellants’ salaries for the residue of 23 months. The Court cited Section 22 of the Supreme Court Act which reveals unlimited power available to the Court to do substantial justice in deserving cases. The Court held that a consequential relief can be granted by the Court in the interest of justice even where such has not been specifically claimed. The Court stated that equity regards as done that which ought to have been done and since they were illegally removed as elected officials of the Local Government Councils, their entitlements should be paid to them.

    On the whole, the Court held that in the absence of a cross-appeal from the decision of the Court of Appeal that the appellants were wrongly removed from office, the Appellants are entitled to be paid all their outstanding salaries, allowances etc for 23 months. For the avoidance of doubt it was ordered that the 1st Respondent pays immediately to all the Appellants’ their Salaries, allowances for 23 months. The appeal was allowed.

     

    •Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23276(SC)

     

  • Lawyer seeks electoral reforms

    The outgoing Assistant National Publicity Secretary of the Nigerian Bar Association (NBA) Mr John Austin Unachukwu has urged the incoming executive, led by Mr Augustine  Alegeh (SAN) to reform the electoral process to make it seamless, less rigorous, transparent and credible.

    Unachukwu,  a candidate for the Publicity Secretary, was disqualified on the eve of the election because he was yet to clock 10 at the Bar. The Electoral Committee said he would be 10 at the Bar in October to be eligible to contest as provided for in the NBA constitution.

    This was after the NBA Lagos Branch, where he belongs, had asked him to pay dues as required of one who is 10 years at the Bar, which he did since last year. He, therefore, wants a clarification on how the year of call is calculated.

    Unachukwu, in a statement, described the situation as “disqualification  by ambush”, adding: “Results of screening were not made known to candidates, only for  some of  them to be  told  of their disqualification on the eve of the election when they came for accreditation and presentation of their manifestoes. No formal or prior information of  disqualification  was given  to  the affected candidates

    “Some other contestants  were disqualified and nobody  told them anything except that they did not find their names on  the  list of qualified candidates .

    “It has become imperative for the NBA National Executive Committee (NEC)  to pass a resolution on how the number  of years of call to the  Bar is computed in the association. Does it include the year of call? This will reduce or completely eliminate the ambiguity  surrounding  the interpretation of the years.

    “ A situation where candidates travel to all the nooks and corners of the country on campaign,  only to be told that the  list of candidates was just posted and their  names were not listed  as  contestants, with no opportunity to appeal, is highly undemocratic,  condemnable, dictatorial and amounts to disqualification by ambush

    ‘’The time for NBA elections are provided for in the constitution. Elections should be properly planned and electoral time table and guidelines released, so candidates for  the  elections should be screened on time and  given opportunity to appeal and be heard by the NEC before elections, in the spirit of fair hearing and democracy.

    “This will also reduce the tension and spate of law suits that trail the  association’s activities.  A situation where lawyers stand on a queue  for almost four hours in the sun before casting  their votes is not too good and should be improved upon.”

  • Nigeria’s Top 100 Lawyers for presentation soon

    A compendium, “Nigeria’s Top 100 Lawyers”is set to be presented in Lagos.

    Published by City Lawyer Publishers Limited, it is the first attempt to rank Nigeria’s most accomplished lawyers.

    It is also a product of painstaking research and nation-wide Peer Review Rating and is designed solely to celebrate legal excellence in Nigeria.

    It is edited by Emeka Nwadioke, a former banker and award-winning journalist-turned-lawyer, the compendium which coincides with Nigeria’s 100 Years Anniversary is a culmination of over 12 months intensive research and survey.

    According to the publishing firm which also publishes City Lawyer Magazine, “Nigeria’s Top 100 Lawyers “  is designed to provide the most transparent, most respected, useful and definitive referral guide on legal excellence in Nigeria. The publishers do not accept payments of any kind from lawyers, law firms or third parties for listing in the Compendium.

    It said that “Because the quality of a peer review survey is directly related to the quality of its voting pool, nominations were obtained exclusively from the ranks of Senior Advocates of Nigeria and acclaimed Solicitors who also constituted the entire candidate pool.” The results of the online survey were then collated by the Board of Editors who double checked the ranking through independent research and discreet interviews with pre-eminent legal experts. The compendium is designed

    as a full colour, all-gloss publication in book format.

    With an Advisory Board made up of highly respected experts including renowned professor of Jurisprudence & International Law, Prof. Akin Oyebode; former UNILAG Dean of Law Prof. Chioma Agomo, and Prof. Akin Ibidapo-Obe, currently Dean of Law, University of Lagos, the publishers pride themselves on the fact that lawyers cannot buy entry into the publication.

  • PENGASSAN urges court to dismiss members’ suit

    The Petroleum and Natural Gas Senior Staff  Association of Nigeria (PENGASSAN) has urged the National Industrial Court of Nigeria (NICN) to dismiss a suit filed by two of its Chevron Nigeria branch members, John Nwanosike and Jonathan Omare.

    The plaintiffs are seeking to nullify the association’s delegates’ conference because it was held in violation of a court order.

    Justice Kenneth Amadi had granted an order of interim injunction restraining the defendants from holding the conference until the plaintiffs’ suit is determined. But effort to serve the interim order on the National Secretariat of PENGASSAN at 288 Ikorodu Road was frustrated, as the association went ahead to hold the conference.

    The claimants jointed Chevron Branch of PENGASSAN, Mr Esanubi Frank and Mr Ayanate Kio as the defendants.

    The defence counsel, Mr Sola Iji, said he had just filed his processes opposition to the claimants’ suit.

    The claimants’ lawyer Mr Festus Aifeyodion said he was yet to be served with the papers. He urged the court to hear his motion.

    Justice Amadi, however, urged parties to return on a further date when all pending applications would be heard.

    The plaintiffs said they were duly elected as delegates to the PENGASSAN conference with their tenure valid for three years, only for their names to be struck out by the defendants, denying them the right to vote and be voted for at the conference.

    The plaintiffs said  in a bid to also prevent them from exercising their franchise, the defendants set up a disciplinary committee to try them after they complained that their rights were been trampled on. The panel subsequently found them ‘guilty’ even when there was no evidence of any offence against them.

    The plaintiffs are, therefore, seeking a declaration that the removal of their names as delegates to the zonal and national conference was unconstitutional; as well as an order mandating the defendants to include their names as delegates.

    They also sought an order of perpetual injunction restraining PENGASSAN from holding the conference until the illegality occasioned by their removal was redressed.

    Justice Amadi adjourned till September 25 for hearing.

  • Firm faults BPE,others on NITEL, MTEL privatisation

    A firm, Basbsim International Limited has faulted the ongoing process to sell  the assets of Nigerian Telecommunications Limited Plc (NITEL) and Nigerian Mobile Telecommunications (MTEL).

    It alleged that the process being handled by the Bureau of Public Enterprise (BPE) is devoid of transparency and tailored to favour certain interest.

    The allegation is contained in court processes in relation to a suit marked: FHC/ABJ/517/2014   filed before the Federal High Court, Abuja by the firm through its lawyer, Christopher Eichies. Sued with BPE are its Director-General, the National Council on Privatisation (NCP), NITEL, MTEL and the Attorney General of the Federation (AGF).

    Basbsim stated that it learnt about the sale of assets of NITEL and MTEL via an advertorial published by BPE on page 49 of the June 9 edition of Thisday newspaper where the advertisers invited expression of interests from the general public.

    It further stated that on the strength of the advertisement, it undertook to bid for the assets by putting in a first financial and technical proposal. It added that in line with international best practices, it took it made to submit its bid at the offices of the BPE on June 30 as requested in the advertorial, but was prevented.

    The plaintiff said its head of operations in Abuja was refused entry into the premises of BPE located at plot 11, Osun Cresent, Maitama, and that all entreaties made by it to the BPE and its officials to accept its proposal fell on deaf ears as the security operatives in BPE’s Abuja office said they had instruction from the management not receive any proposals.

    It alleged that by its conduct, BPE gives the impression that it had already predetermined those companies to whom the assets of NITEL and MTEL would be sold, and that there was a plot to exclude credible investors from partaking in the sale of the assets.

    The plaintiff argued that the assets of the two public companies, valued at billions of United States dollars, belonged to Nigerians and not personal estate of those whose responsibility it is to sell them.

    It urged the court to order the BPE to accept its interests to be prequalified in the privatization process and to declaration that the BPE’s refusal of its expression of interests on June 30 is unlawful.

    Basbsim is also seeking a declaration that the NCP possesses the power to prevail on the first and second (NCP and its DG) defendants to accept its prequalification bid. It equally seeks an order directing the first defendant to accept its expression of interests and those of other companies earlier rejected.

    The defendants are yet to respond to the suit.

     

     

  • Why I ran for NBA presidency, by Adekoya

    Why I ran for NBA presidency, by Adekoya

    One of the contestants in the Nigerian Bar Association (NBA) election, Mrs. Funke Adekoya (SAN) has explained why she ran for the presidency.

    She said: “I sought to restore this profession to its revered and respected status as the voice of the voiceless Nigerians and the defender of the interests of legal practitioners. But it was not to be. Our members have spoken and we now have a president-elect.

    “In this race, I have had the privilege of meeting colleagues from all over our great nation and cultivating life-long friendships. Let me, therefore, thank all my many supporters who stood by me and what I stand for, who remained true to their conscience, and who stood up to be counted when it mattered most.

    “I appreciate your tireless efforts, sacrifices, encouragement and prayers. The unprecedented support in various forms that I have received in the last two months has renewed my faith in humanity and in our innate nobility as lawyers.

    “I recall that an ardent supporter and colleague sent me five recharge cards in support of my campaign, with an apology that she could not afford more.

    “To all of you who keyed into our vision, I can only sincerely thank you and pray that the Almighty God will honour you in due season. You all are the true winners.”

  • Ministry presents draft policy on competition

    To ensure an orderly development of the economy, the Ministry of Industry, Trade and Investment has presented a draft policy on competition and consumer protection to stakeholders, reports  JOHN AUSTIN UNACHUKWU

    The Federal Ministry of Industry,Trade and Investment has presented a draft National Policy on Competition and Consumer Protection to ministries and agencies.

    The event was the second leg of the efforts to produce an encompassing policy to regulate business competition in the country. The first leg for the South was held in Lagos in May.

    One of the organisers, Mr. Terhemen Andzenge the aim is to have a good policy to regulate businesses in the country.

    The Minister of Industry Trade and Investment Mr. Olusegun Aganga, represented by a permanent Secretary in the Ministry, Ambassador Abdulkadir Musa, said: “The Federal Government  beginning in the 1980s undertook major valiant attempts to combat the economic crisis that were precipitated by internal and external problems ranging from recession, high unemployment, inflation, rising fiscal deficits to recurring balance of account deficits and a huge debt overhang. These economic reforms led to the liberalisation of the economy and the opening up of erstwhile monopoly sectors to the private sector.

    “The dire situation the nation was in then threw up a sense of urgency that did not allow for a coherent sequencing of these reforms. There was the need, as is consistent with global trends, for a robust legal and regulatory framework to govern consumer protection and competition that would underpin the reforms. This would in turn forestall and/or minimise the emergence of private monopolies who would replace the public monopolies that Government was moving away from.

    “The Government of President Goodluck Jonathan in due realisation of this vital missing link, has, in the past two years worked assiduously to produce new legal and regulatory framework for competition and consumer protection. There is currently a draft federal Competition and Consumer Protection Bill being considered by the Federal Executive Council for onward transmission to the National Assembly for passage into law. The draft bill delineates the institutions, laws, regulations, orders, rulings and other implementation and enforcement tools that will allow competition and consumer protection matters to be dealt with. Mindful of the need to chart a coherent policy direction that will guide any future direction and legislative initiatives in the sector and conscious of the need to make the reforms sustainable there is a need to spell out a Policy Framework that will regulate consumer protection and competition matters in Nigeria. Towards this the Federal Ministry of Industry, Trade has prepared a draft National Policy on Competition and Consumer Protection which is contained in this brochure.’’

    “The need and benefits of a national policy for competition and consumer protection are many. These include encouraging enterprise, innovation, efficiency and a widening of choice. This, will in turn address cartel-like entities, anti-competition tendencies, protect the investing public and consumers; enable consumers to buy the goods and services they want at the best possible price; and contributing to national competitiveness.‘’

    Nigeria does not currently have an overarching framework for competition law and policy, although there are a number of legislations at federal and state levels which touch upon consumer protection.

    In seeking to meet the need for a unified framework of competition and consumer protection law, the Policy is erected upon a number of keys principles which are the effective prevention of anti-competitive conduct; fair market process; (z) competitive neutrality, (xx) fair pricing and national and international co-operation. ‘

    It’s objectives include: Promotion and maintenance of competitive markets in the economy, promotion of economic efficiency, protection from unfair trade practices generation of employment; and advancement of social and economic welfare.

    The policy shall apply to all market transactions and to all entities engaged in commercial transactions, including governmental agencies. Any exceptions to the scope of applicability of the Policy must be explicitly set out, and be directed at social or national objectives.

    In terms of institutional framework, the policy contemplate a synergy among the  Federal Ministry of Industry, Trade and Investment, on one part and on the other a  Competition and Consumer Protection Authority, as well as a  Competition and Consumer Protection tribunal, which are to be established.

    The ministry said: “The Competition and Consumer Protection Authority will act as an independent body responsible for the implementation of the provisions of the proposed Competition and Consumer Protection legislation. The tribunal, in line with international best practices, shall be constituted to adjudicate over disputes arising from the proposed enabling legislation and to hear appeals and review decisions taken by the Competition and Consumer Protection Authority. The Ministry of Trade will for its part act as the coordinating government ministry responsible for competition and consumer protection.

    “In implementing Policy, regard is to be had to the need to ensures synergy with other governmental policies; coordinate the Policy with related policies at the other tiers of Government; promote advocacy and support for competition and consumer protection enforcement; and create liaisons among the proposed Competition and Consumer Protection Authority and other sector-specific  regulatory agencies such as the securities and Exchange Commission, National Communication, Central Bank of Nigeria etc.

    “Like other policy documents, the National Competition and Consumer Protection  Policy contains a set of ideas, aspirations, goals and instruments visions towards an orderly development of Nigeria economy, and the promotion of competitive markets that protects and promotes the interests and welfare of consumers through the provision of completive prices and product choices to consumers. The policy document is therefore at expression of intent, and the commencement of a journey intended to be a process rather than a blue print. As its implementation proceeds fresh issues may arise. While this will be addressed through appropriate policy directives, a policy review will be undertaken where the need arises.

    “Indubitably, the Nigerian economy today stands at a historic crossroads. The widespread economic reforms programe pursued with consistency and calibration over more than two decades now, has unleashed an unprecedented growth momentum and pushed the development frontiers of the economy. The time has come to undertake the second wave of growth oriented reforms which can help in bolstering economic growth and tap the creative energies of our vibrant entrepreneurial force. The National Competition and Consumer Protection Policy can assist in realising this vision. It will help in reaping full growth dividends in various sectors   of the economy and respond to the needs and aspirations of our people.”

    Andzenge urged all stakeholders and the public who have input to make into the draft policy to do so in writing and forward to the committee soon.

    This, he said, would enable the committee to produce a better draft the would form basis for an all-encompassing Competition and Consumer Protection law.

  • Will: Judge okays transfer of case file

    Justice Olajumoke Emeya of a Lagos High Court, Ikeja has ordered the defendants in a suit contesting the Will of the late Madam Isabella K. Akinhanmi, to apply for the transfer of the case file and exhibits to the Court of Appeal.

    The judge gave the order  after quashing an earlier application filed by the defendants, seeking to stay execution of a court’s ruling on the matter.

    The defendants in the suit are Akinhanmi, representative of the family of the late Pa Joshua Akinhanmi family; the Probate Registrar; administratotrs of the estate of Pa Akinhanmi;  Incorpotarted  trustees of the First Anglican Mission and the  Adninistrator general of Lagos state.

    The claimants, John Babatunde Alani Soluade and Funmilayo Akinbayo (nee Joaquim) had approached the court, by an amended general form of writ of summons and  an amended statement of claim dated March 30, 2010 seeking a court declaration that the Will of late madam Akinhanmi dated July 9, 1984 and prepared by Abiola A. Oshodi be regarded as her last Will and testament and for the court to recognise them and three others as beneficiaries of the estate of the deceased, in particular, the property at 174 and 186 Murtala Muhammed Way, Ebute Metta.

    They had also sought a perpetual injunction restraining the first and third defendants as administrator de son tort their agents, caretakers, privies, successors in title or assigns or whatsoever from collecting rents, annuity, royalty or any form of revenue whatsoever from or ejecting tenants or managing, controlling or interfering in any form or manner with the management of the Ebute Metta property or constituting themselves as beneficiaries of the deceased estate among other prayers.

    In her ruling on March 7, Justice Emeya not only granted the claimants prayers, but also awarded N25,000 costs against the defendants.

    She had also ruled that the first defendant has no title or interest whatsoever to the estate of the deceased at 174 and 186, Murtala Muhammed Way, Ebute Metta and to render account of management of the two properties to the Administrator General of Lagos State pending probate.

    At the resumed hearing of the matter, counsel to the first defendant, Rotimi Omolesi sought to withdraw  the application for stay of execution of the ruling pointing out that it has been overtaken by events.

    Omolesi said his client has entered into appeal and that the court can no longer entertain the matter in view of the development.

    He, therefore, appealed that the case file and all related evidences and exhibits be transferred to the Court of Appeal in line with Order 4 Rule 10 and 11 of the Court of Appeal Rule.

    Counsel to the claimants  O. O. Adeleke objected to the request and insisted that  they were in court to argue against the application for stay of execution of the ruling of the court filed by the defendants.

    She said the fact that an appeal had been entered into by the defendants should not lead to stay of execution of the ruling of the court.

    Adeleke said they were not aware of the decision of the defendants appealing the ruling of the court and insisted on cost if the court was no longer going to hear the application for stay of its ruling.

    She argued that the defendants had enough time to inform the claimants of its intention but failed to do so.

    But Omolesi countered her and said that their application was filed within record time and that two adjournments the matter suffered after it was filed was not at their instance but that of the court.

    Justice Emeya over ruled the claimants request for cost and stated that the request for transfer of the case file to Court of Appeal can not be made through oral application on the floor of the court.

    The trial judge agreed with the defendants on their right to appeal but directed their counsel to file a formal application for the transfer of the case file, evidences and exhibits for proper documentation.

     

     

  • A courageous soul departs

    A courageous soul departs

    Bamidele Aturu’s many ideologically deep analysis were laden with sincerity. He is not known to espouse one thing in public and thereafter do things fundamentally opposite in private practice.

    To him, service to God was essentially to be found in how well you serve humanity’s cause especially those of the cheated, dispossessed and impoverished. His practice of Law was thus dedicated to ventures that advance these noble ideals.

    He was courageous and genuine.When he percieved there were a ‘catalogue of errors’ in the circumstances that knitted some sort of degeneracy into the judicial crises in Rivers State- he spoke frankly, and ably identified where he felt each participant went wrong, without mincing words or being needlessly patronising. On the need for democracy at the Bar, he spoke very frankly against what he termed ‘Cabalisation of the NBA’.

    Though an ultra-conservative may disagree with him, prescient thinkers can well tell that Bamidele Aturu would be proved right  someday that there can be no progress without genuine democracy.When he saw a need for the Justice system to learn from the conduct of the South African system in the ongoing Oscar Pistorius Trial, he drove home his points on gender equity, Counsel and Judicial conduct etc, in his characteristically firm, unpatronising manner. It is public knowledge that he has taken up countless cases in defence of many dispossessed workers and oppressed artisans. His Chambers also organises an annual Law and Social Development Lecture Series which are part of his efforts at driving home the point that Law is only useful, if it is used in the service of the people.His regular interventions will surely be inspiration for many as the details of his life and times gradually engender deeper reflections in the years ahead. He has lived his principles from the time of his first notably recorded intervention, i.e; his courageous refusal to accept a handshake from one of the then symbols of democratic subversion as represented by Military Administrators, during his National Youth Service days.

    So, one may sum up, among many other imperishable deeds, that the golden threads running through Aturu’s forthright messages are: (i) Imperative of the military to remain subject to civilian authority.  (ii) True democracy as a condition precedent to be enthroned in every facet of public life to achieve real development and (iii). The dismantling of all retrogressive policies and laws that foster primitive income and social inequality within the society. All these clearly testify to an activism driven by deep ideological convictions.In all, I think the deliberate under-development of this Country by those ruling it obviously put pressure on those who have taken it upon themselves to shoulder the difficult burden of trying to agitate and raise public consciousness to avert an imminent collapse. One of those who sincerely shouldered such burdens of conscience was Aturu. May his courageous soul be free of burdens. May he rest in undisturbed peace and may those inflicting under-development on Nigerians never know peace until the mass of the people eventually find their voices, and if need be, also their arms and ideas, to take back their country’s dignity and to restore the humanity of all its citizens.

    Adieu Aturu.