The Nation Newspaper

Category: Law

  • Group to obtain order of mandamus on constituency allowance

    Group to obtain order of mandamus on constituency allowance

    A group, the Concerned Citizens of Ekiti Central Senatorial District, has threatened to file application before the court for an order of mandamus to compel the Senate Majority Leader, Opeyemi Bamidele to give an account of constituency allowances allocated to the district from June 2019 to date.

    The group made the request through their counsel, Kabir Akingbolu saying, they were considering the option to compel the senator of the district to perform his statutory obligations.

    The group scrutinises the financial management under the leadership of the Senator representing the district, who also holds the  position of Senate Majority Leader.

    In their letter dated November 29, 2024, they raised concern over the lack of tangible infrastructural development in the district despite the allocation of “several hundred millions, now above a billion” naira during the period under review.

    They  alleged in the letter that the constituency funds have not translated into any “reasonable impact” on the people and communities of Ekiti Central Senatorial District.

    Citing Section 5 of the Freedom of Information Act, they demanded a disclosure of the total sum allocated, along with a breakdown of projects and their respective communities.

    The goal, according to the letter, is to assess whether the funds were judiciously utilised or misappropriated.

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    “It is appalling that there has been no remarkable development in the Senatorial District, despite the fact that the Senator representing the district is the Majority Leader of the House,” the letter stated.

    The citizens further warned that if their request is not honoured, they would report the matter to the Economic and Financial Crimes Commission (EFCC) or seek legal redress.

    The group said such measures may include filing an order of mandamus to compel the Senator’s office to perform its statutory obligations.

    “The attendant consequences of the publicity to follow might embarrass your office,” the letter cautioned, while expressing hope that “wise counsel shall prevail.”

    “We then hope that wise counsel shall prevail in this matter.

     ‘‘While advising you to comply in your office’s interest, we thank you in anticipation and give you the assurances of our best regards.”

  • Customary Court of Appeal nullifiesex-minister’s installation as kingmaker

    Customary Court of Appeal nullifiesex-minister’s installation as kingmaker

    The Delta State Customary Court of Appeal, sitting in Asaba, the state capital, has nullified the installation of a former Minister of State for Agriculture, Chief Ashimedua Chris Agbobu, as the Onishe (kingmaker) of Ubulu-Unor in Aniocha South Local Government Area of the state.

    Agbobu, a minister under former President Olusegun Obasanjo, was installed as the Onishe by the traditional ruler of Ubulu-Unor, Obi Henry Kikachukwu.

    Setting aside the judgment of the Aniocha South Area Customary Court, Ogwashi-Uku, the seven-man justices of the appeal court in a unanimous judgment delivered by Justice Dele Okafor on behalf of the panel said the installation of the second respondent appellants fell short of the customs and traditions of the people of Ubulu-Unor.

    The appeal upheld the appellants’ argument that the Umuokpa and Idumu-Onishe Ruling Houses, Umuolo in Anioshei Quarters have the prerogative to produce the Onishe chieftaincy title holder.

    It added that the second respondent is not from any of the ruling houses and therefore cannot be conferred with the title by the traditional ruler.

    Agbobu was installed as the Onishe of Ubulu-Unor by the Ubulu-Unor monarch some years back, even though the process of installation of Chief Onuwa Aniagwu as the Onishe had commenced and was not truncated nor rejected by Obi Kikachukwu.

    Dissatisfied by the installation, the elders of Umuokpa approached the Aniocha South Area Customary Court to nullify the installation on the ground that the second respondent was wrongly conferred with the Onishe title because he is not a member of any of the Umuolo Ruling Houses.

    They had argued that the fifth appellant, Chief Onuwa Aniagwu had been nominated by the Umuokpa Ruling House and was subsequently accepted by the Obi who had in turn sent an emissary of acceptance to him.

    At the lower court, after a protracted trial, the President of the Area Customary Court, Mrs Maria Ogbeifun and members of the panel had dismissed the plaintiff’s suit on the ground of their inability to exclusively prove that the Onishe chieftaincy title revolves around the acclaimed ruling houses.

    Dissatisfied with the ruling, counsel to the plaintiffs, Larry Olisa approached the Customary Court of Appeal, on behalf of the plaintiffs, seeking an order to set aside the judgment of the lower court and uphold the reliefs sought by the appellants.

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    In the appeal marked DCCA/14A/2023, between Andrew Nwanokwai, Onuwa Aniagwu and three others vs. H.R.H Henry Kikachukwu and one another, Olisa had formulated four issues for determination by the appeal court, one of which is whether the trial president and members were right to have dismissed their suit on the ground that the appellants failed to prove that it is the prerogative of Umuokpa and Idumu-Onishe to produce the Onishe chieftaincy title holder of Ubulu-Unor.

    Counsel to the respondent appellants, G. A. I. Mowah in his submission had urged the trial justices to uphold the judgment of the lower court and dismiss the appeal of the appellants.

    However, the appellate court, in its examination of the facts before it, upheld the argument of the appellants that the lower trial court failed to properly evaluate the evidence of the appellants before arriving at its judgment.

    It averred that the purported material contradictions in the oral evidence of the appellants and a document (letter) showing the names of the past Onishes from the two ruling houses were tendered for different reasons, especially when the respondent’s oral evidence supported the claims of the appellants.

    While upholding reliefs sought by the appellants, the appellate court also emphasised that while the Obi may have the power to reject a selected candidate, “he does not have the right to go outside the ruling houses to select unqualified strangers to occupy traditional stools or positions exclusively reserved for particular Ruling Houses”.

    It added: “That is a desecration of custom. His office too as a king is a product of custom and he is bound by it.

    “The second respondent by not being from Umuokpa and Idumu-Onishe is not qualified to be the Onishe of Ubulu-Unor.”

  • Is EFCC all bark and no bite?

    Is EFCC all bark and no bite?

    Many Nigerians believe that the Economic and Financial Crimes Commission (EFCC) is losing its bite as an anti-graft agency. Legal experts have weighed in on how the commission can restore confidence in its operations, writes ADEBISI ONANUGA.

    The killing of an officer of the Economic and Financial Crimes Commission (EFCC) Aminu Sahabi Salisu on January 17 generated huge furore on social media.

    More than anything, some of the responses highlighted how much some citizens have lost confidence in many public agencies.

    Rather than regret a life lost in the line of duty, some blamed the commission for focusing on internet fraudsters while looking away from powerful corrupt persons or those who have political connections.

    The EFCC had expressed grief over the loss of its Assistant Superintendent.

    It said it viewed with great concern the “irresponsible, callous, inhuman and outrageous” narratives being circulated on social media on the fatal accident.

    “It is heinous to reduce the death of a gallant officer who was carrying out patriotic and official duties to social media razzmatazz,” the commission said in a statement by its Head of Media & Publicity, Dele Oyewale.

    “More worrisome is the fact that some faceless commentators are pitching their tents with an alleged criminal who unleashed terror on officers of the EFCC in their line of duty.

    “There is no justification whatsoever to rationalise a murderous act.

    “The milk of human kindness demands that a grieving family, Commission and nation should be spared the shenanigans of false narratives and conjectures on the death of the slain officer.”

    EFCC said Salisu, alongside other investigators of the EFCC, were at Dr. J.O. Ukwutinife Close, Ifite, Awka,  Anambra State, to arrest some suspected internet fraudsters in the early hours of January 17.

    It said the suspect, who sighted the investigators through a CCTV Camera mounted at his doorpost and who also confessed to sighting them, declined to open his door for the investigators.

    “Defying all the introduction and physical sighting of the investigators, he resorted to firing shots at them and killed Salisu in the process and wounded another officer detailed to conduct a search in his apartment,” the commission said.

    EFCC has gone ahead to immortalise the slain officer by naming the administrative block of its Academy in Karu, Abuja after him.

    Executive Chairman, Mr. Ola Olukoyede, said Salisu paid the supreme price in the service of the nation and his memory should be kept alive.

    “We are saddened by the loss of our officer while on official assignment.

    “He was a gallant officer and to this effect, the administrative block of the Academy is hereby named after him,” he said.

    Carrot and stick

    Observers stressed the need for the commission to cleanse itself of rogue officers.

    In May 2017, an Inspector of the EFCC, Abel Isah Dickson, reportedly died after a scuffle with two colleagues over items collected from a suspect, including cash.

    An Assistant Superintendent, Apata Oluwaseun Odunayo and an Inspector, Ogbuji Titu Tochukwu, were arraigned in a court in Sokoto for culpable homicide.

    The recent incident Kaduna Zonal Office highlights why the commission needs cleansing.

    An officer, identified as Polycarp, allegedly stole over $30,000 and other valuable exhibits.

    Apparently, in a bid to restore confidence in its operations, the commission on January 6 announced the dismissal of 27 officers over alleged fraud and misconduct. 

    It took the action as part of its quest to enforce integrity and rid its fold of fraudulent elements.

    It said the officers’ dismissal last year followed the recommendation of the Staff Disciplinary Committee ratified by Olukoyede. 

    Olukoyede reiterated the commitment of the Commission to zero tolerance for corruption, warning that no officer is immune to disciplinary measures.

    “Every modicum of allegation against any staff of the commission would always be investigated.

    “The core values of the commission are sacrosanct and would always be held in optimal regard at all times,” the EFCC said.

    Two days later, the commission said it detailed 10 of its operatives in its Lagos Command over missing items.

    The officers are to face internal disciplinary processes over the alleged theft if found culpable.

    The statement said: “In its continuing efforts to sweep the EFCC clean of corrupt tendencies, 10 officers of the Lagos Command of the commission are being detained over the investigation of some missing items involving them.

    “The officers are answering questions related to the theft of some operational items that they could not account for.

    “Investigators are making good progress and those found culpable will be subjected to internal disciplinary processes.”

    Read Also: EFCC rewards top performing workers, sections with car, cash prizes

    While it is trying to purge itself of bad elements, the commission is also rewarding hardworking staff.

    On January 25, EFCC honoured officers who discharged their assignments excellently in the course of the year 2024.

    Among the recipients were 35 officers and 30 Sections of the Commission.

    The breakdown shows that 20 officers emerged from each department as Staff of the Year, while 15 prosecutors were honoured from each Zonal Directorate for securing the highest convictions.

    Awards for the highest recoveries and highest convictions went to 15 Sections each from across the Zonal Directorate; as Sokoto Directorate won the Best Zonal Directorate of the year.

    While the staff of the Year went to Alvan Gurumnaan of the Department of Special Duties, the late Salisu got a post-humous award for bravery.

    Staff of the year went home with a brand new car.

    Best staff in departments were rewarded with N500,000; prosecutors of the year went home with N1million.

    The 30 sections with the highest recoveries and convictions also went home with N1million each.

    Hazardous job

    A top investigator with the EFCC, on June 24, 2017, escaped death by the whiskers when gunmen opened fire on him in Port Harcourt, Rivers State.

    Mr. Austin Okwor, an operative in the Property Fraud Section of the EFCC Zonal office in Port Harcourt, had closed late for the day and as he left office.

    He was accosted by a gang of daredevil hoodlums who opened fire on him.

    Fortunately, he was able to shake off his assailants but not without sustaining some bullet wounds as they kept firing at him.

    Okwor was one of the operatives investigating some sensitive cases including that about corrupt judicial officials.

    Before the incident, the officer had been receiving threatening messages.

    One of such messages which he received sometime in May 2017 was reported to the Police.

    This incident underlines the hazards which operatives of the Commission are daily exposed to in the discharge of their duties.

    On September 14, 2010, the head of the Commission’s Forensic Unit, Abdullahi Muazu was shot and killed by gunmen in Kaduna.

    Six months earlier, a team of prosecutors returning to Enugu after a court appearance in Owerri, Imo state was attacked by gunmen who opened fire on them.

    Sergeant Eze Edoga the police escort was cut down while a senior counsel with the Commission, Joseph Uzor was critically wounded but survived.

    Why EFCC goes after internet fraudsters

    EFCC has come under criticism for leaving those considered “big thieves” to go after internet fraudsters.

    But the commission has defended its actions.

    It said: “The EFCC wishes to alert the public that the activities of internet fraudsters are becoming patently hazardous to public safety and security.

    “Intelligence has shown that these criminals are carrying arms, involved in kidnapping, banditry, ritual killings and other deadly acts. 

    “The public should not fold its arms or allow itself to be deceived that they are mere ‘Yahoo boys and girls’”.

    Is the commission losing its bite?

    In November last year, EFCC said it recovered N248.7billion, $105,423,190.39, £53,133.64 and others in a year.

    It said about 3,455 convictions were secured, while four former governors and three ex-ministers are on trial.

    A breakthrough was the EFCC’s handing over of $180,300 and 53 vehicles to the Royal Canadian Mounted Police (RCMP).

    Olukoyede, who took over on October 18, 2023, said the assets were recovered for Canadian victims of Nigerian fraudsters.

    Director of Media and Publicity, Mr. Wilson Uwugiaren, said: “In the past year, the EFCC under Olukoyede’s watch secured 3,455 convictions across all categories of financial crimes and corruption.

    “Monetary Asset Recoveries in Naira: N248,750,049,365.52.

    “In the one year of Olukoyede’s leadership, the EFCC recorded $105,423,190.39, £ 53,133.64, €172,547.10, T1,300.00 (Indian Rupees), CAD $3,400.00,  ¥74,859:00 (Chinese Yuan),  AUS $ 740:00, 170:00 UAE DIRHAM, 73,000:00 KOREAN WON, CFA 7,821,375:00 (West African CFA) to R 50:00 (South Africa Rands).”

    On the return of cash and vehicles to Canada police, Olukoyede said: “On September 6, 2024, the EFCC boss handed over to the RCMP the sum of $180,300 and 53 vehicles, being assets recovered for Canadian victims of Nigerian fraudsters.

    “One Hundred and Sixty-four Thousand US Dollars ($164,000) of the recovered cash assets was for a victim, identified as Elena Bogomas, while $16,300 belonged to a victim, known as Sandra Butler.

    “The recovered 53 vehicles were stolen over a period of time in Canada, freighted to Nigeria and distributed to multiple locations in Nigeria by the criminal elements.

    “Representing the Canadian authorities and the RCMP in the handover ceremony were Robert Aboumitri, First Secretary, Deputy High Commission of Canada and Nasser Salihou, Liaison Officer and Programme Manager, RCMP.

    “On September 20, 2024, Olukoyede handed over €5,100 proceeds of crime to the Spanish Ambassador to Nigeria, His Excellency, Juan Ignacio Sell, being the sum recovered from a Nigerian romance fraudster for Heinz Burchard Einhaus Uchtmann, a Spanish victim by the EFCC in collaboration with the Spanish Police.”

    “During Olukoyede’s one year as EFCC Chairman, beginning from October 18, 2023 to October 18, 2024, the Commission has charged four former governors, namely: Yahaya Adoza Bello (Kogi), Abdulfatah Ahmed (Kwara), Willie Obiano (Anambra) and Darius Dickson Ishaku, (Taraba) to court for alleged corruption.

    “Two former ministers of power have been arrested and facing prosecution by the commission. They are Saleh Mamman and Olu Agunloye. A third is former minister of Aviation, Hadi Sirika.”

    Room for improvement

    Senior lawyers have identified areas of improvement.

    Those who spoke include a forensic advocate and International Law Consultant, Asiwaju Kunle Kalejaye (SAN); frontline litigator, Dr Wahab Shittu (SAN) and a former Commissioner of Ogun State Judicial Service Commission, Abayomi Omoyinmi.

    Kalejaye argued that the Commission is delivering on its mandate, though it could do more.

    He noted that the criticism of the agency is largely from those adversely affected by its work.

    “Of course, those who have transgressed over the years cannot be happy with the agency, and they will do all in their powers to rubbish its work.

    “I am even impressed that the agency evolved into a self-cleaning mechanism, and this tells me that it can only get better,” he said

    Dr. Shittu said Salisu’s death highlights operatives’ sacrifices.

    According to him, the EFCC has consistently positioned itself as a formidable force in Nigeria’s fight against corruption and economic crimes.

    He however noted that in recent months, the agency has faced significant challenges and criticisms, yet it continues to demonstrate resilience and an unwavering commitment to its mandate.

    He said the tragic death of Salisu during a raid in Anambra State underscores the dangers EFCC officers face daily.

    “Salisu, while apprehending suspected internet fraudsters, became a martyr for the anti-corruption crusade.

    “This incident not only highlights the high stakes involved in tackling cybercrime but also serves as a grim reminder of the sacrifices made by those on the frontline of the fight against economic sabotage.

    “Amid these challenges, the EFCC has boldly undertaken a self-cleansing exercise, rooting out internal bad eggs to restore its integrity and public trust,” he said.

    Shittu argued that the recent dismissal of compromised officers reflects the agency’s internal accountability mechanisms and its determination to lead by example.

    He said: “This initiative should be lauded as evidence of an organisation unafraid to introspect and take corrective actions to uphold its reputation.

    “Contrary to criticisms suggesting that the EFCC is losing focus by prioritising internet fraud over broader corruption, the agency’s achievements paint a different picture.

    “Over the years, the EFCC has recovered substantial assets, including over N120 billion in stolen funds in 2022 alone, alongside properties and luxury items seized from corrupt individuals.”

    Shittu also posited that the Commission has also secured ground-breaking convictions, such as the sentencing of Abdulrasheed Maina, former Chairman of the Pension Reform Task Team, to eight years in prison for laundering over N2 billion.

    Similarly, the convictions of former governors Jolly Nyame of Taraba State and Joshua Dariye of Plateau State for embezzlement reflect its ability to hold high-profile individuals accountable, he said.          

    On cybercrime, he said the EFCC has made significant progress, arresting and prosecuting thousands of internet fraudsters through operations targeting “Yahoo Boys.”

    “These efforts have led to the seizure of luxury cars, properties, and millions in cash, sending a strong deterrent message.

    “The Commission has also demonstrated its global reach, facilitating the repatriation of $311 million in Abacha loot from the United States and Jersey in 2020 through international collaboration.

    “These accomplishments highlight the EFCC’s balanced approach to combating both traditional and emerging financial crimes.”

    Wanted: sustained investment in training, inter-agency collaboration

    Moving forward, Shittu said the EFCC could further enhance its impact through improved public engagement and transparency.

    “By showcasing its successes more vividly and dispelling misconceptions, he believes the commission can foster greater public support.

    “Sustained investment in officer training and inter-agency collaboration will also ensure the EFCC stays ahead of increasingly sophisticated financial crimes,” Shittu said.

    The SAN contended that the EFCC remains a critical pillar in Nigeria’s anti-graft framework.

    “Its ability to confront both internal and external challenges while maintaining its mission underscores its resilience and effectiveness.

    “Far from losing focus, the EFCC is adapting to the realities of modern corruption and economic crimes,” he said.

    According to him, with continued support and reforms, the Commission is poised to achieve even greater successes in its noble mission to safeguard Nigeria’s economic integrity.

    Internal cleansing necessary

    Omoyinmi noted that the EFCC has the power to investigate any form of fraud, money laundering and other forms of corrupt malpractices.

    He said: “The agency has been over the years effective in their responsibilities in tackling crime, but have been in the recent time on headline news for corruption amongst their officials.

    “It now seems to be losing its bite regarding anti-graft war.”

    Omoyinmi said there is a need for urgent internal cleansing.

    “The credibility of the institution has been severely undermined due to the indictment of some of its staff.

    “Political influence may also be affecting its operations,” he said.

    Stronger oversight needed

    On areas of improvement, he said: “There should be stronger oversight, internal reforms, adequate training, and adherence to the rule of law rather than the rule of force.”

    Calling for regular auditing, he said there was a need to put mechanisms in place to check their officials that compromise on their operations.

    It also said operatives should be placed on some kind of surveillance to properly monitor their behaviour.

    He believes the commission can still restore public confidence through reforms and effective feedback mechanisms.

  • Three Nigerian laws you might not be aware of

    Three Nigerian laws you might not be aware of

    Nigeria, a country with a rich taste of cultures, traditions, and legal frameworks, is governed by a complex set of laws designed to regulate various aspects of life.

    While some laws are commonly known, there are several lesser-known statutes that might come as a surprise to many.

    These laws, ranging from obscure traffic regulations to environmental and cultural rules, even marriage laws are crucial to understand for those living in the country or planning to visit.

    Here are three Nigerian laws that could easily fly under your radar but are important to know for anyone planning to live within the country without any legal issue.

    1. Did you know it is under the law not to give employment to any Nigerian youth without NYSC discharge certificate or exemption letter?

    Section 12 of the  National Youth Service Corps (NYSC) Act says, “For the purposes of employment anywhere in the Federation and before employment, it shall be the duty of every prospective employer to demand and obtained from any person who claims to have obtained his first degree at the end of the academic year 1973-74 or, as the case may be, at the end of any subsequent academic year the following – a copy of the Certificate of National Service of such person issued pursuant to section 11 of this Decree, a copy of any exemption certificate issued to such person pursuant to section 17 of this Decree such other particulars relevant there to as may be prescribed by or under this Decree.

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    “It shall also be the duty of every employer to produce on demand to police officer, not below the rank of an Assistant Superintendent of Police, any such certificate and particulars or copies thereof.”

    2. Did you know it is an offence to confess or represent yourself to have witchcraft or “juju”? 

    When a person confesses to being able to make someone do what he doesn’t want to do or hinder another person from doing what he’s supposed to do legally, it is an offence under the law.

    Section 210 0f the Criminal Code : “Any person who‐

    “(a) by his statements or actions represents himself to be a witch or to have the power of witchcraft; or

    “(b) accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or

    “(c) makes or sells or uses, or assists or takes part in making or selling or using or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or

    “(d) directs or controls or presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the President or the Governor of a State; or

    “(e) is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; or

    “(f) makes or uses or assists in making or using, or has in his possession anything whatsoever the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice, is guilty of misdemeanour and is liable to imprisonment for two years.”

    3. Did you know that it is an offense to adorn, decorate, or spray Naira notes or coins on a person, any part of a person, or anyone else’s person? This also applies to sprinkling or sticking Naira notes or coins in a similar manner, regardless of the amount, occasion, or intent.

    Section 21 (5) of the CBN act: “(i) ‘Matching’ includes spreading, scattering or littering of any surface with any Naira notes or coins and stepping thereon, regardless of the value, volume, occasion or intent.

    “(ii) ‘Spraying’ includes adorning, decorating or spraying anything or any person or any part of any person or the person of another with Naira notes or coins or sprinkling or sticking of the Naira notes or coins in a similar manner regardless of the amount, occasion or the intent.” This means that even money bouquets is a form of naira abuse.

    Recall that in 2024, the Central Bank of Nigeria, alongside money bouquet, listed other forms of abuse to include spraying, selling, squeezing and defacing.

  • Giving teeth to Victims Assistance, Witness Protection Law

    Giving teeth to Victims Assistance, Witness Protection Law

    In December 2024, the Lagos State Government took a significant step forward in the administration of justice by enacting the Victims Assistance and Witness Protection Law. An International Human Rights and Justice Reform advocate, Mrs. Bola Akinsete, analysed the importance of the law, its key provisions and emphasised the crucial role that witnesses play in the judicial process during an encounter with ADEBISI ONANUGA

    An overview of VAWPL

    An International Human Rights and Justice Reform advocate, Mrs. Bola Akinsete, has said that the  Victims Assistance and Witness Protection Law of Lagos State (VAWPL) assented to by Mr. Governor marks a pivotal shift in the focus towards the needs of victims and the protection of witnesses involved in the criminal justice system. The law is designed to address the crucial aspects of support, protection, and rights enforcement for those at the heart of the criminal justice system – the victims and the witnesses. It is an established fact that witnesses are “eyes and ears of justice” who aid the court in deciding upon a case, thereby bringing an offender to justice. Witnesses play an indispensable role within an adversarial criminal justice system by performing a sacred duty of assisting the court to discover the truth and are capable of changing the course of the entire case. Thus, the truthfulness and veracity of witness testimony becomes the touchstone of justice. It is, therefore, an essential aspect of the criminal justice process that witnesses are able to testify without any threat, intimidation or injury.                                                                      

    The goal, objectives                                                                                

     According to Mrs. Akinsete, the VAWPL underscores several critical objectives aimed at bolstering the confidence of victims and witnesses in the criminal justice system. Key among these goals are:The VAWPL commits to not just recognizing but actively enforcing the rights and entitlements of victims and witnesses, establishing a robust mechanism to safeguard these rights effectively. The law recognizes the risks faced by those who dare to stand against perpetrators and provides essential services to protect and assist victims and witnesses, especially those in danger or threat of harm due to their indispensable cooperation with law enforcement agencies. A cornerstone of the VAWPL is ensuring that victims have a clear path to obtaining judicial redress, including restitution, compensation, rehabilitation, and reparation from those convicted of crimes against them. The law sets specific responsibilities for state counsel, judicial officers, and public officers, directing their efforts towards the protection and promotion of victims’ and witnesses’ rights, adopting a victim-centered approach justice system. The VAWPL encourages the adoption and rigorous implementation of best practices in victim and witness protection, a move expected to transform the landscape of Lagos State’s criminal justice system.

    Victims Assistance, witness protection

    She said the law sets a comprehensive framework under Section 32 (1) to (5), ensuring that victims and witnesses are treated with respect, fairness, and regard for their dignity and privacy including measures like shelter, relocation, and anonymity. This encompasses special attention to their needs based. Special consideration is made for children who are victims or witnesses ensuring their best interests are prioritized, and they are treated in a manner sensitive to their needs and vulnerabilities.  Additionally, victims and witness are entitled to prompt, fair redress, including reparation and restitution for harm or loss suffered, along with protection from threats, intimidation, or retaliation. The law also guarantees medical treatment for injuries or disabilities resulting from their victimization or witness experience.

    Section 40 specifically provides additional considerations for their welfare. This law also provides that if a victim’s property is taken for investigation or for use as evidence, such property shall be returned to the victim as soon as it appears that it is no longer required for the purposes for which it was taken. The law establishes a dedicated Agency responsible for implementing the provisions of this law, among other things, offering essential support including treatment and rehabilitation, establishing protection programs, facilitating compensation through a dedicated trust fund, enhancing awareness about victims’ and witnesses’ rights and advising on measures for their protection, reviewing policies, recommending legislative changes, conducting research to minimize crime impact, and recommending economic and prevention strategies.                                                                    

    The Trust Fund    

    The law sets forth the creation of a Trust Fund financed through various sources, including governmental allocations and donations, aimed at supporting the Agency’s mission. The law prescribes a detailed methodology for offering protection and assistance, including threat assessments, confidentiality agreements, and the establishment of a Witness protection program tailored to the individual needs of those at risk. There are robust provisions in place for responding to infractions against victims and witnesses, including financial penalties and imprisonment for acts of intimidation, harassment, or harm Sections 46 and 47 of the law address victim compensation, stipulating that victims may receive compensation when no alternative means are available. This includes compensation for injuries, losses, or deaths, with the process and availability of funds detailed within the law to ensure victims or their families receive the necessary support in the absence of other compensation methods. These provisions collectively aim to create a more supportive, fair, and just framework for victims and witnesses within the Lagos State criminal justice system, reflecting a significant advancement in legal protections and rights for these individuals.

    Mandate for hospitals, health facilities

    Mrs Akinsete disclosed that a crucial provision in Section 50 which mandates hospitals and medical facilities to offer immediate care to victims in emergencies, ensuring prompt treatment regardless of the victim’s financial status.

    Punishment for complacent facilities 

    Facilities failing to comply face fines up to One Million Naira (N1,000,000.00). Furthermore, should a victim’s condition worsen or lead to death due to neglect or refusal of treatment, the responsible health officer faces prosecution, highlighting the law’s commitment to protecting victims of violent crimes requiring urgent medical care. 

    Victims, Witnesses protection

    She said the law provides different protective measures to witnesses including but not limited to the measures that the Agency or the Unit, may provide to a victim or a witness. They may include: holding court proceedings in camera; the use of pseudonyms or fictitious names; the redaction of identifying information; the use of video or remote hearing link; or employing measures to obscure or distort the identity of the victim or witness. Depending on the level of threat of harm or intimidation involved, the Agency may also provide security to the person and property; temporary accommodation including shelters; permanent re-location with the consent of the victim or witness; temporary or permanent employment; change of identity; or any other measure which the Agency or the Unit deems necessary.

    Victims’ Compensation

    According tom her, the  law is applicable not just to victims of domestic and sexual violence but to victims of all crimes. As highlighted above, the law provides a number of protective measure and rights available to victims of crime. Based on Section 26 of the Law, victims of sexual violence in Lagos State can benefit from this law in several ways:

    Subsection (4)(d) of this section specifically mentions victims who were raped, suffered sexual aggression, or were victims of human trafficking as eligible for compensation, regardless of whether or not they acquired a physical disability as a result of the offence.

     Additionally, she said victims or their families can be entitled to compensation under this law, provided there are no other means of compensation available for the injury, loss suffered, or death of such a victim. This means if a victim has not received compensation from any other source, they may be eligible for compensation under this law. The Agency established under this law may assist victims in gaining access to any compensation they are entitled to, whether through court orders, insurance policies, or any other compensation scheme. Victims need to be aware of the specific conditions under which they can be disqualified from receiving compensation under this law, such as contributing to the offence, failing to cooperate with the police, not taking up offered medical or rehabilitative therapy, or not submitting a claim within twelve (12) months from the date of injury, loss, or death. Victims or their families are expected to forward a claim to the Agency within the stipulated time frame to not forfeit their right to claim compensation. In instances where the victim has died as a direct result of the offence, the law outlines how family members can claim compensation. This may involve nominating a family member to claim on behalf of all or the Agency nominating one based on their degree of relationship to the victim.

    Interfere with witnesses, get punished 

    Mrs Akinsete said interference with witnesses and administration of justice is a crime. Section 58 of the law outlines comprehensive legal protections for victims and witnesses of crimes, detailing the offences and corresponding penalties for acts against victims and witnesses. The law makes it is an offence for anyone to threaten, intentionally harm a victim or a witness, or use gifts or cash to induce them, with the intent of making them refrain from reporting a crime, testifying, withdrawing a complaint or legal action, or as retaliation for having testified. Penalties include a fine up to One Million Naira (N1,000,000.00), imprisonment for up to two years, or both. Committing grievous harm to or wrongfully restraining a victim or witness to prevent their cooperation with law enforcement authorities incurs even harsher penalties, including fines up to Two Million Naira (N2,000,000.00) and imprisonment for up to four years. Forcing or inducing a victim or witness to leave a place or causing wrongful loss or damage to their property with the intent of obstructing justice results in penalties including fines up to Three Million Naira (N3,000,000.00) and imprisonment for up to six years. Harassing a victim or witness or adversely changing someone’s employment conditions due to their cooperation with law enforcement authorities or justice actors is punishable by fines up to Two Million Naira (N2,000,000.00) and imprisonment for up to four years. The law also provides that anyone who endangers a victim, witness, or informant by disclosing their identity without authorization can face fines and imprisonment. While offering gratification to dissuade someone from pursuing legal action or from providing testimony is also penalized under this law.The law also prohibits false information to obtain protection or assistance as an offence, punishable by fines and imprisonment. While those involved in providing protection or handling sensitive information about a victim or witness and who disclose this information, endangering them, are also liable for penalties. Law enforcement, judicial, or public officers aiding in the commission of such acts face the same penalties.

    Read Also: Applying the law of war to conflict reporting

    Victims Assistance, Witness Protection Agency

    According to her, the Victims and Witness Protection Agency aims to encourage more victims and witnesses to come forward with their testimonies, thus strengthening the justice system’s ability to prosecute offenders and reduce crime. The Agency would play several key roles in supporting and protecting victims and witnesses of crime including the following:

    • Implementation of the Victim Assistance and Witness Protection Programme: This includes setting up, maintaining, and overseeing the Programme designed to offer support and protection to victims and witnesses. 

    • Implement Protective measures: Providing protection to victims and witnesses who are endangered by their cooperation with justice actors and who are entering into the criminal justice system. Protective measures vary and includes redaction of identifying information of victims and witnesses, testifying through use of pseudonyms, testifying through audio-visual links, in extreme cases, placement in safe housing, relocation, change of identity etc. 

    • Offering financial, medical, psychological, and legal assistance to victims and witnesses: This might involve compensation through established Trust Funds, counseling services, and legal aid. *Ensuring the confidentiality and privacy of victims and witnesses are protected to encourage their participation in the legal process without fear of retribution.

    *Raising awareness about the rights and services available to victims and witnesses, and educating the public about the importance of supporting and protecting those who help bring offenders to justice.

    *Working with law enforcement and other stakeholders in the administration of criminal justice system to train and streamline support for victims and witnesses, ensuring they receive timely and comprehensive assistance.

     *Assessing the effectiveness of support and protection services provided to victims and witnesses, and making necessary adjustments to improve the Programme. 

    * Advising on and helping to develop policies that enhance the protection and assistance of victims and witnesses, ensuring the legal framework remains responsive to their needs.

     *Managing the Victim Assistance and Witness Protection Trust Fund, including sourcing and allocating financial resources to support the Programme’s activities.

    Witness Protection Programme 

    She said the Victim Assistance and Witness Protection Programme (VAWP) as described under section 25 of the law, entails a comprehensive system established to provide assistance and protection for victims and witnesses of crime. The VAWP Agency is tasked with establishing and maintaining a Victim Assistance and Witness Protection Programme.

    The Agency will focus on measures to assist and protect victims and witnesses from threats, harm, reprisals, retaliation, and intimidation. The Agency must also create public awareness about the Programme, informing victims and witnesses about their rights, the available protection measures, and how they can access these services. Individuals can be admitted into the Programme through various channels, including requests by victims or witnesses, recommendations, reports by law enforcement or public officers, or notifications from courts. The Agency assesses each case based on factors such as the seriousness of the offense, the relevance and importance of the evidence, the nature of the danger faced, and the public interest. Admission is contingent upon it being in the best interest of the individual, their agreement to join the Programme, and the signing of a memorandum of understanding. The law provides the criteria and consent for admission into the Programme. To be admitted, the Agency conducts a threat assessment, and must seek the consent of the individual. Victims or witnesses not initially offered protection can request inclusion, as can law enforcement agencies, prosecutors, family members, legal representatives, or NGOs. Special provisions are made for children, including accepting applications without a parent or guardian’s consent when in the child’s best interest and requiring adult victims or witnesses who were admitted as children to sign the memorandum themselves upon reaching 18.

    Programme not a reward system

    The Programme is explicitly not a reward for testimony but a measure for safety and assistance. When entering the Programme, the law provides the individual to enter into a Memorandum of Understanding (MoU) with the Agency. This MoU details the terms and conditions of the protection, including obligations of both the Agency and the protected person.The Agency commits to providing necessary protection without placing individuals in correctional facilities or police cells, unless agreed upon. Protected individuals are obliged to participate in legal proceedings as required, fulfill financial and legal obligations, avoid criminal activity, and follow the Agency’s lawful requests and directions. The MoU may be varied with consent and is effective from the date of signing.

    Administration of compensation to victims, witnesses

    The Victim Assistance and Witness Protection Trust Fund is established and managed by the Agency. The Trust Fund is set up to support victims and witnesses, which ensures there’s a dedicated source of funding for the assistance and protection programme. According to the law, the Trust Fund can receive funds from various sources, including government allocations, donations, gifts, bequests, and grants from both local and international sources, profits from forfeited properties related to crimes, earnings from investments, and other payable sums to the Fund. Money from the Trust Fund is allocated, subject to availability, for several purposes as decided by the Board of Trustees.

    These include: Compensation for physical or mental harm, or property loss or damage to victims or witnesses as deemed appropriate by the Board and within the Agency’s guidelines. Compensation to dependents of victims or witnesses who have either died or were incapacitated as a result of crime-related incidents. Any other expenses related to or connected with the above-mentioned compensations.

    The law provides for the appointment of a Director-General of the Agency who acts as the principal accounting officer for the Trust Fund. This role includes ensuring that proper accounts are kept detailing the Fund’s income, expenditure, assets, and liabilities to maintain transparency and accountability.

    Conclusion

    In conclusion of her  analysis, Mrs Akinsete reiterated that the introduction of this law will further boost public trust in the justice system. Implementing the provisions of the law will promote the reporting of crimes and securing witness testimonies, which are fundamental to improving the prosecutorial process. This, in turn, contributes to a decrease in the number of individuals awaiting trial and acts as a deterrent against criminal behavior. This law on comprehensive legal reforms signify the Governor’s dedication to fostering a safer, more equitable society, where the concerns of victims and witnesses are acknowledged, valued, and safeguarded.

  • Ubani: use sledgehammer on ex-parte order abusers

    Ubani: use sledgehammer on ex-parte order abusers

    • ’Wrongly detained persons deserve compensation’

    Dr Monday Onyekachi Ubani (SAN) is the Principal Partner at Ubani & Co. A former Ikeja Branch Chairman of the Nigerian Bar Association (NBA), he was NBA Second National Vice President and later chaired the Section on Public Interest and Development Law (NBA-SPIDEL). In this interview with Deputy News Editor JOSEPH JIBUEZE and ANNE AGBI, he addresses the persistent problem of conflicting orders, secrets of successful SAN application, and why he will continue with his activism.

    There have been calls for the rank of SAN to be scrapped. Do you agree?

    I don’t see anything wrong with the rank of Senior Advocate of Nigeria. You can suggest improvements to the process, but not that it should be scrapped. One argument is that whoever is qualified should be given. But it is a privilege, and being a privilege, not everyone qualified should get it. So, we need to balance it. Do we give everyone qualified? But if you ask me, it is a worthy rank; the recipients are regarded as being at the peak of their careers. In leadership, in everything, you must be able to manifest excellence. That is my understanding. We need to keep on refining the process to make it better.

    Should it continue to be given to academics?

    There are different layers of arguments concerning academics, part of which is: how can you be an academic and an advocate? You should concentrate on lecturing. If you want to be an advocate, leave lecturing. The title is senior advocate. But this person is not an advocate. He is an academic. The peak is to be a professor. You are there as a professor. The argument is that you are coming to shortchange the advocates. The argument is professors have attained the peak of their profession, so why apply for SAN as an academic? I see some sense in it. ‘Stay on your lane.’ That’s the argument. I’m not against lecturers! If you are coming as an advocate, it’s a different thing, because there are lecturers who go to court. If you go to court and satisfy the requirement of submitting all the necessary cases you’ve handled as an advocate, who stops you? I know a professor who applied under advocacy. He is a professor, but he has been going to court.

    How about calls that the rank be suspended for three years?

    That was the argument of the Body of Senior Advocates of Nigeria at a particular year when they felt the standards were being lowered and they suggested to the Legal Practitioners’ Privileges Committee (LPPC) to suspend the process for at least three years in order to take a look at the process again. Someone asked me how many were shortlisted last year; I told him (87), and he said that is too many. He was so angry. He said in their own time, it was only 15. So, he wanted us to remain at 15. There are not up to a million SANs, and that includes those who have died, for a country of 200 million people. So, it seems those who have succeeded in crossing over don’t want more to join. That is human nature. Some also feel the fewer the better and the more honour.

    Can you take us through your journey to law?

    I was admitted to study Political Science at the University of Nigeria (UNN). I loved people like the late Gani Fawehimmi (SAN) and others. I wanted to be a lawyer. I was top of the class at UNN, and someone asked me: ‘If you are so brilliant, why are you not studying law? If you think you are very intelligent, why are you not training to be a lawyer?’ You see the arrogance of lawyers at that time. They call themselves ‘learned’. I was already entering my third year in Political Science, but I switched to law and started year one.

    Now that you have become a SAN, will you temper your activism?

    My activism will not die. It’s something that will continue with me until Jesus comes – speaking on behalf of the oppressed. I remember seeing Olisa Agbakoba (SAN) covered with blood once when they went for a protest at Yaba. He was beaten up, incarcerated, and hounded, along with the late Gani Fawehinmi (SAN). Then we have the Femi Falanas of this world, Mike Ozekhome. Having the privileged rank didn’t diminish their desire to always speak on behalf of the people. So, it would be wrong for me to fight against the masses who have always been there for me and then identify with the oppressors, so to speak, or the bourgeoisie. It will be clearly against my principles to go against the proletariat. So, I will always fight for the less privileged. But there has to be a balance. There is a lot of maturity that will come with my speaking.  Paul said: ‘When I was young, I reasoned like a child. When I became a man, I now have to behave and reason like a man.’ I’m no longer the same, you know, Ubani of 20, 30 years ago. I’ve acquired enough experience now, maturity. I’ve also seen that there are certain difficulties in governance. That will help me in being balanced in my analysis. But we must be able to do it in a manner that shows an understanding of both sides so that we can have a country all of us can be proud of.

    How can the problem of conflicting judgment be addressed?

    It’s because nobody has been punished. If you punish judges and lawyers appropriately on the issue of disrespect to orders, especially in political cases, they will put a stop to it. Most of those lawyers who go to other courts to obtain an order know that another order has already been given over the matter. It’s not as if they don’t know, yet they engage in forum shopping. When it’s obtained in court A, they go to court B on the same matter that is not on appeal.  It’s man-made. Lawyers and judges who do this need to be punished. Ex-parte orders should be used sparingly, and then put the other party on notice and order an accelerated hearing. Make sure that the other man is served so they can put up a defence. Don’t abuse ex-parte. See the Rivers instance. There were many ex-parte orders and judges were indulging them. Use a sledgehammer, and all this nonsense will stop. By the time judges are being sacked and disgraced out of office, they will be very careful about anything ex-parte order. Judges need to exercise discretion and they must do it judicially and judiciously. Any judicial system that does not intervene to checkmate it will enter a very big problem. We are getting to that level where it is as if ex-parte orders are being bought. And so we must stop it. We must begin to discipline those who abuse it. Ex-parte order is not something that is given just like that. It’s given sparingly and must be in well-laid-out conditions.

    Are you concerned that some of your public interest cases have been dismissed for lack of locus standi?

    My PhD thesis is on the concept of locus standi as an impediment to public interest litigation in Nigeria.

    Anytime somebody has any public interest matter that he feels the government should be held accountable and responsible for, the court says you don’t have locus despite using your time and money to pursue a case as a citizen and taxpayer. And you’re telling me I don’t have the locus. You are looking at the messenger, not the message. There’s something that brought me to court. You don’t look at the merit of what I’m challenging – that the government has no right to do this. And instead of addressing the issue, you’re focusing on me, but what I’m complaining about, you’re not addressing it. So, I see it as an impediment to public interest litigation. I’m doing a comparative analysis of India. We were on the same level in terms of development as a third-world nation. But today, India has graduated. They have come far and they really opened up on public interest litigation. With an honorary letter, you can approach the Supreme Court of India to talk about a public wrong that has been done against the people. And the court will listen to you.  And the court will make an order. Their judicial activism is second to none.

    Read Also: Wolemi Esan, Ubani, 85 others sworn in as SANs

    Having taken silk on your first try, what tips can you give those aspiring for the rank?

    If you don’t have the basic requirements, don’t bother wasting effort. Well, some people say it’s better to try. I would rather want to ensure that I read all the guidelines and ensure that all the requirements are met, not that you are not qualified at all, but you just want to apply. Some people do it. They let it be known that they applied for it, whereas they don’t have the basic qualifications. So, understudy the guidelines, and know what the requirements are. Be virtuous. Make sure you have a name in the profession. If they publish names and you don’t have a clean record, petitions can fly from every angle. It’s better if nobody writes and says this man is a thief. It means you are impeccable. And finally, the God factor. There is nothing you can achieve in life without God being there. If God says you will, at the fullness of time, He makes all things beautiful in his own time. So, God must be behind you also in the project as well, I would say.

    What has been your experience with prison decongestion?

    My firm will continue with our pro-bono services. We go to Ikoyi and Kirikiri Correctional centres to look out for those deserving persons who have stayed up to five or six years without trial. There was one I secured his release after eight years without trial.  When I filed the enforcement, the Ministry of Justice was saying the file was with the police. The Commissioner of Police said they had sent the file to the DPP (Directorate of Public Prosecution). They were all blaming themselves. So, I told the court that wherever the file was, the point was that this man had not been charged for more than eight years, and he had been in detention.  Of course, the court ordered his release after eight solid years without trial. There was another one who spent seven years.  In one case, the judge asked me to go back to the magistrate who gave the remand order; he dismissed the case. We had to re-file the case in another court, and then got the person free. It can be very frustrating. But I will continue to do the little I can. I work with Dr. Uju Agomoh of Prisoners Rehabilitation & Welfare Action (PRAWA) to advocate these reforms of long detentions without trial. People who have not faced trial are more than those who have been convicted.  It is absolutely wrong. That place should not be a correctional centre in name but in substance. At the moment, it’s not correcting anything when all manner of persons are put there who should not be.

    What solution would you recommend?

    Maybe we need to amend our laws. If somebody is detained, and you cannot initiate a trial within a month or two months, then the person should not be there. And then damages should be paid to the person you have detained wrongly. There may be more drastic advocacy that must be done in order to ensure that our laws do not tolerate a situation where an innocent person, or even a guilty one, is not even brought before trial. Every charge must be tried. It is when you are convicted that the law says you can serve a prison term, not when you are not convicted and you are still presumed to be innocent under our constitution. We will continue doing what we have been known for in terms of helping those who are wrongly incarcerated.

  • Alleged N76b, $31.5m fraud: EFCC arraigns ex-AMCON MD, others

    Alleged N76b, $31.5m fraud: EFCC arraigns ex-AMCON MD, others

    Justice Mojisola Dada of an Ikeja Special Offences Court has granted  bail to a former Managing Director of Assets Management Cooperation of Nigeria (AMCON) Ahmed Kuru and four others  in the sum of N20million each.

    Kuru and other defendants including former Receiver Manager of Arik Airline Ltd, Kamilu Omokide; Chief Executive Officer of the airline, Captain Roy Ilegbodu, and Super Bravo Ltd are standing trial for allegedly defrauding Arik Airline N76 billion and $31.5 million.

    Justice Dada ordered that their respective sureties must be gainfully employed.

    She directed the defendants to submit their international passports to the registrar of the court.

    The Economic and Financial Crimes Commission (EFCC) arraigned Kuru and others on a six-count charge bordering on theft, abuse of office and stealing.

    The defendants pleaded not guilt.

    Counsel for the first and third defendants, Prof. Taiwo Osipitan (SAN) prayed that the defendants be granted bail on liberal terms.

    According to him, the first defendant has no criminal record and that EFCC granted him administration bail in which he never jumped. 

    He added that the first and third defendants had an opportunity to escape but he did not not.

    “We pray the court grant bail to the two defendants on the same liberal terms given to them by EFCC,” Osipitan said.

    EFCC prosecuting counsel, Dr Wahab Shittu (SAN), urged the court to dismiss their bail applications.

    According to him, the two defendants are facing serious offences of economic sabotage.

    He, however agreed with the second and third defence counsel that they were presumed innocent until proven guilty by the court.

    Shittu added that the temptation of the defendants leaving the country was very high.

    He pleaded with the court for accelerated hearing and for the defendants’ international passports be seized by the court.

    “But if my Lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court.

    “We urge that they should submit their international passports to the court in order to ensure that they come for trial,” Shittu said.

    Counsel for the second defendant, Mr Olasupo Shasore (SAN), urged the court to also grant bail to his client on self recognition.

    He argued that bail application was to secure attendance of  defendants in court.

    The prosecution opposed the bail application of the second defendant.

    Shittu said the second defendant application for bail was incompetent and and should be struck out.

    He said: “My lord the record of this court is to the effect that the second defendant, at one point absconded in which your lordship had to issue a bench warrant.

    “Learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant.

    “I urge my lord, in exercising his discretion to take all this into consideration because our concern is the appearance of the second defendant so that he does not abscond.”

    Read Also: Court denies EFCC’s request for arrest warrant against Otudeko, others

    After granting them bail, Justice Dada adjourned the matter until March 17 for commencement of trial.

    The EFCC had  alleged that Kuru, Omokide and Ilegbodu sometime in 2022, fraudulently converted to their use of NG Eagle Ltd the total sum of N4,9 billion.

    The anti-graft agency also alleged the CEO of Arik stole the sum of N22.5 million by fraudulently converting same to the use of Magashi Ali Mohammed, property of Arik Air Ltd.

    The EFCC also alleged the defendants obtained undue advantage for themselves and intentionally authorized the tear down and destruction of 5N-JEA with Serial No. 15058 valued at 31.5 million dollars , an arbitrary act, which was prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.

  • NBA Ikeja to monitor corruption in judiciary

    NBA Ikeja to monitor corruption in judiciary

    The Nigerian Bar Association (NBA), Ikeja Branch, has created an online platform to monitor corruption in the judiciary.

     It will highlight impediments in the courtroom and its premises such as inefficiency, and none- or late sitting of judges.

    The new platform called “i-Witness” is a feature of the new website of the branch. In a statement signed by the secretary of the branch, Ayodeji Olabiwonny, “it is a another new initiative aimed at energizing the collaborative efforts of the Branch and the leadership of the Bench and other establishments of interest at combating all forms of inefficiency, corruption, and other impediments to practice within our court systems, as well as other areas where our members ply their trade”.

    It is the initiative of the Adeniyi Quadri led executive of the branch.

    Olabiwonnu stated: “The feature allows members to report live, with pictorial and video evidence, incidences of bribe-seeking, dereliction of duty, unwarranted or Unreasonable delayed court sittings without notice, harassment of lawyers, etc., in our courts, registries, and security agencies formations’.

    It stated that the Executive Committee is committed in its bid to make Secretariat services more seamless, more efficient, and more impactful without compromising Standards, transparency, and accountability in all its activities and service to the members.

    Other new initiatives of the branch included operation of a fully digital Secretariat, and upgrade of the branch website.

    Olabiwonnu stated: “Henceforth, branch dues and other branch payments will be fully online.

    “From now going forward, the needless waste of man hours and resources of both our members and the staff of the Secretariat, which was hitherto occasioned by the tedious process of queuing up at the Bar Centre to register payments and waiting even longer to pick up payment receipts, is now a thing of the past.

    Read Also: NBA hails Dangote on petrol, diesel prices

    “Payments are now seamless from the comfort of our homes and offices. Electronic official receipts are generated and issued instantly, and necessary details and records are harvested by the relevant officers at the backend.

    “The stress associated with the previous process, particularly for our colleagues in house, has now been successfully eliminated”.

    He stated further: “Another new feature of the upgraded Branch website is the online application for letters of good standing. With this new feature, the entire process from application to issuance of letters of good Standing will be contactless.

    “We believe our members in need of letters of good standing, particularly members in the diaspora, can now heave a sigh of relief with this more seamless process’, he concluded.

  • No refund policies in Nigeria: legal shield or corporate overreach?

    No refund policies in Nigeria: legal shield or corporate overreach?

    • By Sylvester Innocent

    You’re all set for a trip, bags packed, itinerary finalised, and you book your ticket online with a trusted transportation company.

    The first payment? Oops, “transaction failed.”

    So, like any responsible adult, you try again. Success! Or so you think — until your bank cheerfully informs you that both payments have gone through.

    Feeling like Sherlock Holmes unravelling a mystery, you reach out to the company. Surely, this is just a small hiccup in the grand scheme of things, right? Wrong.

    Their response? The dreaded words: “no refund policy.” You’re now part of an unspoken club — the Double-Debited and Denied Refunds Association. Meetings held in frustration and disbelief.

    This scenario mirrors my recent encounter with a popular transportation company, where their rigid stance on refunds sparked my curiosity about the legality of such policies in Nigeria. These “no refund policies” have become the go-to defence for many corporate entities, often leaving consumers at a disadvantage in commercial transactions.

    However, the narrative isn’t as bleak as it seems. With the enactment of the Federal Competition and Consumer Protection Act in 2018, a new chapter began in consumer protection.

    This legislation aims to restore the balance of power in transactions and ensure fairness in the marketplace.

    The rise of modern technology has revolutionised how goods and services are delivered, prioritising convenience.

    However, this shift has also enabled practices that disadvantage consumers, such as the widespread adoption of “no refund policies” by online vendors, especially on social media platforms.

    Unlike traditional brick-and-mortar stores, where returns and partial refunds are often allowed, these policies frequently force consumers to accept substandard goods or services with no recourse after payment.

    In Nigeria, “no refund once payment is made” is a common phrase on receipts, bus tickets, and e-commerce platforms.

    This policy denies refunds even when goods or services do not meet expectations.

    While some businesses allow exchanges, issue vouchers, or deduct cancellation fees, others offer no remedies.

    This imbalance has left many consumers vulnerable, necessitating legislative intervention.

    The Federal Competition and Consumer Protection Act (“FCCPA”) of 2018 addresses this issue, providing robust consumer rights and promoting fairness in commercial transactions.

    Key objectives of the Act include protecting consumers from unfair practices, promoting competition, and ensuring access to quality goods and services at competitive prices.

    Read Also: 23 illegal refineries destroyed

    The FCCPA ensures fairness in transactions, granting rights such as clear information, price disclosure, product returns, refunds etc.

    Section 122 of the FCCPA affirms consumers’ right to refunds for defective or substandard products.

    It allows consumers to reject goods that fail to meet quality standards or violate their expectations.

    Furthermore, Section 127 prohibits business practices that impose unfair, unreasonable, or unjust terms on consumers, explicitly invalidating “no refund policies” when they create an unequal bargaining position.

    Section 120 also enables consumers to cancel bookings, limiting service providers to reasonable cancellation charges instead of denying refunds altogether.

    Courts have breathed life into some of the provisions protecting consumer rights in a plethora of cases.

    In Patrick Chukwuma v. Peace Mass Transit Ltd. – Suit No: E/514/2022 – Unreported, the defendant’s “no refund of money after payment” policy was declared illegal.

    The court held that the company violated Section 120 of the FCCPA by refusing to refund the claimant’s fare after failing to fulfil its obligation.

    The court awarded damages to the claimant, reinforcing the consumer rights.

    Similarly, in Edem Ewa Ekeng v. Wakanow.com Ltd. – Suit No. SCC/LAG/184/2022 – Unreported, the defendant travel agency failed to provide services as agreed and denied refunds, citing its “no refund policy”.

    The court deemed this policy illegal and awarded refunds and damages to the claimant.

    While the FCCPA invalidates blanket “no refund policies”, there are situations which the writer believes may justify such policies.

    For instance, customised or personalised goods, digital products like software, and perishable or time-sensitive items may pose challenges for refunds.

    In these cases, businesses must clearly communicate terms to consumers to avoid disputes.

    Remedies available to consumers

    Consumers affected by unfair policies have several remedies under the FCCPA.

    They can address grievances directly with vendors, escalate complaints to industry regulators, file a petition with the Federal Competition and Consumer Protection Commission, or seek redress in court. Section 146 of the FCCPA provides a framework for enforcing these rights.

    The FCCPA and judicial interventions underscore the importance of fairness in commercial transactions.

    Businesses must ensure compliance with consumer protection laws, while consumers must be aware of their rights and actively seek remedies when necessary.

    This framework promotes accountability and a balanced relationship between vendors and consumers, fostering trust and fairness in Nigeria’s growing digital economy.

    Conclusion

    “No refund policies” in Nigeria, as discussed above, are antithetical to consumer protection laws.

    The FCCPA has introduced fairness and transparency, levelling the playing field between consumers and businesses.

    Service providers must align their policies with the Act to avoid liability, as ignorance of the law is no longer a defence.

    Consumers are increasingly aware of their rights and ready to assert them, making unfair refund policies vulnerable to the microscopic lens of the law and Courts are now striking down unjust policies, reinforcing consumer rights.

    These cases should prompt businesses to review their policies with legal guidance to ensure compliance.

    While the decisions cited in this work may be subject to appeal, they reflect the current stance of the law and are unlikely to be overturned.

    So, next time you encounter a “no refund policy”, remember: the law is your ally, not just a silent observer.

    Whether you’re fighting for a double debit refund or challenging substandard goods, know that the FCCPA stands as your shield against unjust corporate practices and don’t forget to have a lawyer by your side. 

    Businesses should beware — David now knows his rights, and Goliath’s shield isn’t as unbreakable as it seems.

    • Innocent is an Associate at Olaniwun Ajayi LP
  • Fawehinmi left a legacy of justice, says Keyamo

    Fawehinmi left a legacy of justice, says Keyamo

    The late Chief Gani Fawehinmi( SAN) left a legacy of commitment to justice for the common man.

    Minister of Aviation and Aerospace Development, Festus Keyamo (SAN) stated this in his goodwill message  delivered at the 21st Chief Gani Fawehinmi Annual Lecture (Fawehinmiism 2025), with the theme: “Nigeria, 15 Years After Gani.”

    It was organised by the Nigerian Bar Association (NBA), Ikeja Branch in Lagos.

    Keyamo said of Fawehinmi: “His legacy is one of courage, resilience, and unwavering commitment to justice for the common man.”

    The minister was represented by Dr. Henry Agbebire, a Director in Federal Airport Authority of Nigeria (FAAN).

    He described the late Fawehinmi, “as a man whose indelible mark on human rights advocacy, public service, and the legal profession continues to inspire all of us.”

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    Keyamo recalled that his journey as a human rights activist began in his formative years under the mentorship of the legendary Fawehinmi.

    “ I take great pride in the continued relevance of the issues that shaped my early legal career, including the protection of citizens’ rights, the importance of accountable governance, and the advocacy for equitable public policy.

    “These same principles fuel my work today as the Minister of Aviation and Aerospace Development.”

    He commended the NBA Ikeja Branch for ensuring that the spirit of Fawehinmiism lives on, and for focusing this year’s lecture on the crucial topic of “Bretton Woods and the African Economies: Can Nigerians Survive Another Structural Adjustment Programme?”

    He said that the insightful discussions would serve as a platform for generating ideas that can guide the nation towards sustainable economic progress and social justice.

    He promised to  support initiatives that promote the values of fairness, human rights, and socio-economic advancement.