The Nation Newspaper

Category: Law

  • Ezeobi dies at 75

    Chief Theodore Ezeobi (SAN) is dead. He was 75.In a statement,his son Theodore jnr., said: “The death has occurred, in Enugu of Ononenyi Chief Theodore Anachuna Ezeobi (SAN), at the age of 75.

     “An accomplished Barrister -at- Law and a most distinguished Senior Advocate of Nigeria. Chief Theodore A. Ezeobi (SAN), a quintessential gentle man, the Lawyer’s Lawyer, a dedicated Bar man, a teacher and mentor, was a product of Government College Umuahia (1952) on Government Scholarship, University of Lagos (1962) on Standard Bank of Nigeria Ltd. Scholarship, University of Nigeria, Nsukka (1965) on Standard Bank of Nigeria Ltd. Scholarship, Law school programme, Enugu (1966), Nigerian Law school, Lagos (1970) on Standard Bank of Nigeria Ltd. Scholarship.

    “His was a heroic, noble, accomplished and content life of service to humanity and his very much loved field of endeavor, the practice of Law.

    “Chief, as he was fondly called, was the first Nigerian Company Secretary/Legal Adviser, Standard Bank of Nigeria Ltd., now First Bank of Nigeria PLC, past Chairman; Nigerian Bar Association, Lagos Branch, NBA Disciplinary Committee Panel B, Nominee of the NBA at the National Judicial Council (NJC), Member; Body of Senior Advocates of Nigeria (SAN), Nigerian Body of Benchers, Council of Legal Education, NBA National Disciplinary Committee, Asia Pacific Lawyers Association, and International Bar Association (IBA).”

    He added: “He was a member of other notable associations, including; Peoples Club of Nigeria, Otu-Oka-Iwu, Ndigbo Lagos, and Patron; Association of Anambra State Development Unions, Lagos, Catholic Lawyers Association, and Catholic Youths Organisation of Nigeria. He was also a member of the Parish Pastoral Council, Holy Family Catholic Church, FESTAC Town, Lagos.

    “He was interested in Gardening, loved watching football, listening to good music, photography and travelling.

    “He is survived by his wife, Iyom Bernadette Ezeobi, five children, all of whom are lawyers, sons and daughters’ in-Law, grand children, relations.”

     

  • Group adopts candidate for NBA election today

    Lawyers  in the Media Forum (LIM) at the weekend adopted the Assistant National Publicity of the Nigerian Bar Association (NBA)  John Austin Unachukwuas its candidate for Publicity  Secretary in today’s NBA election.

    On why he was adopted, LIM’s Chairman Mr. Charles Odenigbo said: “John Austin is the man for the job. He is credible. He has integrity. He has been tested and  found competent in all departments of the profession.

    “John  Austin was the pioneer Secretary of LIM. He is hardworking, firm and committed to the  ideals of  the association. That is why we found him a worthy ambassador of LIM and we have no doubt that he will make NBA and LIM proud as the Publicity Secretary.

    “ He is the candidate to beat in the election. We are behind him and are very ready to work with him as the Publicity Secretary of NBA. Together we we will lift the Bar and place it on information super high way.”

    Unachukwu has a Masters Degree in Law. A trained journalist, he has a Diploma in Journalism and was the best graduating student in 1994 Diploma class of the Nigerian Institute of Journalism, Ogba Lagos. He is  a member of the Nigerian Institute of Public Relations (NIPR) and the  Business Education Examination  Council (BEEC).

    He has been the Editor of the NBA Bar News since 2012, a platform he has used to endear himself to Nigerian lawyers.  As the Legal Editor of The Nation newspapers, he has also used the medium to drive the publicity of the NBA more than any other journalist in the history of the Bar.

    He is the Assistant National Publicity Secretary of  the Bar. He has understudied and  worked with  many  past  Publicity Secretaries of the Bar, including Abdulrasheed Muritala (Murray) and Emeka JP Obegolu.

    He understands the workings of the NBA,  information management and has the requisite qualifications and trainings to fly the flag of the NBA as its image maker.

    Having been adopted by the Eastern Bar Forum (EBF) and LIM, the stage is set for him to coast home in the contest.

    Unachukwu was born in Jos and enjoys tremendous friendship and support from the north,. He lives and practices his trade in Lagos where he enjoys a lot of goodwill and friendship.

    Widely travelled, he has coverered  law conferences in Australia, Dubai, South Africa, the United States of America, among others.

    With his election as the Publicity Secretary of the NBA, the Bar will witness a turning point, and international best practices in the management of its image.

    Other constestants to the office of NBA publicity secretary are Gbolahan Gbadamosi and Kunle Edun.

  • Osunbor sues NHRC for indictment over electoral offences

    Former Edo State Governor Professor Oserheimen Osunbor has sued the National Human Rights Commission (NHRC) over its recent recommendation to the Attorney-General of the Federation (AGF) that the ex-governor and other individuals be prosecuted for alleged violation of electoral laws.

    Osunbor, in the suit initiated via originating summons, marked; FHC/ABJ/CS/374/2014 filed before the Federal High Court, Abuja, queried the powers of the NHRC to make such recommendations to the AGF and accused  the commission of denying him fair hearing in the proceedings leading to the production of its report of February this year.

    But the NHRC has insisted that it acted within its powers. The commission had, after reviewing the various judgments by courts and election tribunals, suggested to the AGF that some 41 people, including Osunbor, allegedly indicted in the judgments, be prosecuted for election related offences.

    Osunbor, who is seeking N500million in damages “for the mental agony, torture, pain and psychological trauma” allegedly caused him by the report by the NHRC, raised four questions for the court’s determination and and sought seven reliefs.

    He wants an injunction restraining the NHRC and its agents from taking any step or action to circulate the report or produce any other one or a final report in furtherance of the earlier published initial report and a declaration that, by the combined provisions sections 5 and 6 of NHRC Act, Section 214 of the Constitution and Section 4 of the Police Act, the defendant lacks the powers to investigate electoral offences as stipulated in sections 124 and 139 of Electoral Act 2006.

    The plaintiff also seeks a declaration that the defendant, in exercise of its powers under sections 5 and 6 of the NHRC Act, the commission is bound to follow the extant provisions of Section 36 of the Constitution and the rules of natural justice. He wants the court to declare that the recommendation contained in its initial report of February 2014, as it relates to the plaintiff, are ultra vires, null and void.

    He equally wants the court to declare that the NHRC “is not empowered by law to review the judgment of a competent court or tribunal and to arrive at a different conclusion from that of the court or tribunal for the purpose of indicting the plaintiff for criminal prosecution.”

    Last Tuesday, plaintiff’s lawyer, Udu Diegbe told the court that though the defendant was served with processes in relation to the suit, it is yet to file any response. NHRC was also not represented by any lawyer, forcing the trial judge, Justice Evoh Chukwu to adjourn to October 7 for mention.

    The NHRC had last year constituted a Technical Working Group (TWG) comprising of academics in the field of Law to carry out a general review of those indicted for electoral offences in judgments by the courts and election tribunals.

    The TWG submitted its initial report, where it found that some individuals and institutions indicted by the various election petition tribunals and courts of record were identified, but were not prosecuted as required under the Electoral Act.

    Relying on the provisions of sections 5 and 6 of the NHRC Act, the commission recommended the AGF, the prosecution of those the TWG found to have been indicted in the various judgments it reviewed. The commission said the recommendation was pursuant to its powers under Section 6 (1) of the NHRC Act 1995 as amended.

    One those recommended for prosecution is Prof Osunbor. His inclusion, the NHRC said, is in relation to the findings of the election tribunal in the petition by Governor Adams Oshiomhole, where the tribunal came out with criminal and administrative indictments against the respondents in the case.

    Also recommended for prosecution were former Speaker of the Kogi State House of Assembly, Clarence Olafemi; former Ekiti State Independent National Electoral Commission (INEC) Resident Electoral Commissioner, Mrs Ayoka Adebayo, and an Assistant Superintendent of Police, Christopher Oloyede.

    The case against Mrs Adebayo, according to the NHRC, was in relation to her role in the election in Ekiti State as captured in the tribunal’s finding in the judgment in the petition by Governor Kayode Fayemi against Mr.Olusegun Oni and others.

    The NHRC said on ASP Christopher Oloyede, the Court of Appeal held: “The evidence on record showed that a policeman, ASP Christopher Oloyede, signed an election result sheet as a party agent on behalf of the PDP. This is an illegality and violation of electoral rules both by INEC and the police.”

     

  • Lawyers, social activists, others mourn Aturu

    Lawyers, social activists, others mourn Aturu

    Lawyers, social activists, oth
    ers sympathisers have been
    visiting the  residence/chambers of activist and Lagos lawyer, Bamidele Aturu, 49, who died last Wednesday to commiserate with his wife.

    Until his death, Aturu was a leading human rights, labour and pro-democracy activist.

    Among those who called at the deceased’s residence are the former Attorney-General of Ogun State, Mr. Wemimo Ogunde (SAN); eminent Professor of Law,  Itse Sagay; Director-General, Centre for Black and African Arts and Civilisation (CBAAC), Prof. Tunde Babawale; Professor of Entomology,  Olukayode Bamgbose of Federal University of Agriculture, Abeokuta (FUAAB), Chairman, Agege Local Government, Hon. Jubreel  Abdulkareem; Dirctor Centre for Free Speech, Richard Akinola;  activist, Wale  Ogunade; Coordinator, International Press Centre and former Lagos State Chairman, Nigerian Union of Journalists (NUJ), Lanre Arogundade and Segun Aka-Basorun.

    They paid tributes to the fallen lawyer.

     

    Femi Adesina

    President, The Nigerian Guild of Editor, Femi Adesina expressed  shock over the untimely death of the radical lawyer.  Adesina in Lagos described the deceased as an activist par excellence who sacrificed his all for justice to the oppressed an downtrodden in the society.

    He said the late lawyer will be remembered as a fearless activist who stood against military dictatorship and fought for the restoration of good governance and corrupt free society in the country.

    “He was an activist par excellence. Somebody who has been in the public glare since his university days and who kept faith in what he believed in to have just passed on like that is quite sad. It is even very sad because he passed on at the age of 49”.

    “He will be remembered for his landmark strides the country especially in standing up for the rights of the downtrodden and oppressed in the society.  He will also be remembered as an activist who voiced out his opinion against bad leadership and the entrenchment of good governance in Nigeria, His vital and incisive contributions to burning national issues can never be forgotten.

    “We pray that God will comfort his family and colleagues and grant them the fortitude to bear the irreparable loss” he said.

     

    Mrs. Funke Adekoya(SAN)

    Mrs. Funke Adekoya (SAN) described the death of rights activist, Mr. Bamidele Aturu as shocking and unbelievable.

    Adekoya said in a statement by Mr. Emeka Nwadioke, the Director of Publicity, Funke Adekoya Campaign Directorate, that Aturu’s passing is a huge loss to Nigerians.

    “I received with shock and disbelief the passing of Mr. Bamidele Aturu,” said Adekoya.

    “He was a foremost advocate for the rights of the common man.  Aturu has not been afraid to take a position on anything that affects the rights of the Nigerian citizen. He has stood steadfastly against any encroachment on people’s or citizens rights. It is a loss not just to the human rights community; it is a loss to the civil society organisations; it is a loss to the Nigeria people.”

     

    Dele Adesina (san)

    adesiona said: “I have just received with shock information that a shining light of our progressive bar in the person of Bamidele Francis Aturu  passed on in Lagos. I beseech all members of the Bar to remember his family in prayers. This loss is irreplaceable. I am short of words for now. May God console his family and the Nigerian Bar Association. Amen.”

     

    Augustine Alegeh(SAN)

    The sudden demise of our learned colleague Bamidele Aturu is shocking and sad. He was a vibrant lawyer who never wavered in his commitment to serve the oppressed. I join in praying for the repose of his soul and for God to comfort his family during this difficult time.

     

    Charles Uwensuyi-Edosomwan(SAN)

    Former Attorney General, Edo State,  Charles Uwensuyi-Edosomwan (SAN) said the sudden death of Bamidele Aturu “is shocking, to say the least. He was a good lawyer that should have been a SAN. His was a credible voice that was never primed for self vending. He was honest to a fault and demonstrated uncommon courage whenever events called for it. His death is such a sad loss to a country that sorely needs honest discerning minds like that of the forgone Aturu. My heart goes out to his family”.

     

    Tayo Oyetibo (SAN)

    The premature death of Bamidele Aturu is a big loss to the Bar in particular and the nation in general. Aturu was very active in the human rights front as well as in the civil society. He was committed to the defence of the rights of workers in Nigeria and played a prominent role in the fight for the return to democratic governance in Nigeria. If he died from complications arising from high blood pressure, then lawyers in Nigeria should take a cue from the incident and pay close attention to their health.

     

    Monday Ubani

    His death is of monumental proportion to the human rights community in particular and to the country as a whole. He was a perfect gentleman, a  zealous patriot and a change agent. He has been in the forefront of the fight against corruption and ineptitude of Nigerian leadership over the years. These fights and the Nigerian pathetic situation may have taken a toll on his health.  His death is a cruel one and he will be greatly missed by many Nigerians young and old. We pray for the family for strength and absolute peace with God to bear this great loss. May his humble and gentle soul rest in perfect peace.

     

    Nurudeen Ogbara

    “Verily, with ALLAH alone is the knowledge of the Hour…”Qur’an 31:34.”To Allah we belong,and to HIM is our return.”Qur’an 2:156.I lost a brother,friend and comrade – Bamidele Francis Aturu. Kindly pray for him,his aged parents,wife and children.BF, RIP!

     

    Ikechukwu  Ikeji

    Activist, Ikechukwu Ikeji  said Aturu”was a colossus that bestrode the landscape of justice in Nigeria. He was an iroko among the trees of the forest of the battle for the soul of of a better Nigeria. He was a General in the human rights community. He tried his best to add impetus to the fight against injustice and oppression. He died too young, leaving us all with mouths agape. I feel saddened by this irreplaceable loss, I feel helpless and overwhelmed by the reality of the fruitlesslessness of our stressful existence, an existence that holds nothing but a deep question of what happens to us all in the hereafter. Aturu’s death is a reminder that we should all mend fences with ourselves and God so that, in the event we have any account to give after death, there will be no condemnation waiting for us. I feel for his family as I pray that God gives them the fortitude to bear the loss while I pray for a repose of his soul.”

     

    Adegbamigbe Omole

    Former chairman, Nigerian Bar Associatin (NBA), Ikeja Adegbamigbe Omole said the death of Aturu “came to me as a rude shock I still cannot believe that BF is no more. I have known him for a period spanning over two decades when we met at Ife he had never looked sickly. He was a committed and an uncompromising activist defending the rights of the less privilege. He was a brilliant advocate always on the side of the truth. Now that the reality has done on us that BF has departed this sinful world we pray that the almighty God will give the family and the human rights community he left behind the fortitude to bear this great loss”.

     

     Tunde Babawale

    Babawale described the late Aturu as “a man of the people, committed advocate of social justice, relentless fighter of the oppressed, a brilliant, humble and caring individual. Adieu, Bamidele

    The news of the death of Bamidele Aturu came as a rude shock and unbelievable. The Legal profession, no doubt, has lost a rare breed that may be difficult to replace.  BF, as we fondly called him, was a very committed member of our branch, the NBA Ikeja Branch. He has served the branch in so many capacities. He was two years the Chairman of our Gani Fawehinmi Annual Lecture and he did so well – he spent his enormous time and money for the success of the programme and he used his Uncorrupted influences all over the federation to gather the who is who of this country to attend the event.

    BF was equally a consultant to our branch on legal issues and he has taken up an appeal at the Court Appeal, Abuja on behalf of the branch without taken a dime. Not only did he not charged us, he bore the flight and the hotel bills on his own.

    As for the NBA Ikeja Branch, which I currently lead, we will immortalise BF for his numerous contributions to the continuous growth of his worthy branch. He was our son and we are proud of him.

    Beyond these, Nigeria and Nigerians had lost one of the truest Human Right Activists this Country ever produced. BF could be the only man standing like Gani Fawehinmi. You will recall he declined the offer to serve in the CONFAB with the attendant lost of over N10million whereas some instigated protest(s) to be nominated. How many Nigerians can be that principled?

    The legal profession has  lost a rare breed that may be difficult to replace. His humility has no equal.

    Adieu “The Man Of The People”

     Prof. Sagay, who fought back tears when he visited wrote in the condolence register, “Nigerian light has gone. God knows better”.                                                                                                

    Prof. Bamgbose wrote, “God must have a reason for doing this. It is well.

     Ogunde(SAN) wrote, “Dele, this is a big loss your departure has brought. Till we meet in the bosom of the Lord.”

     Hon. Jubreel  Abdulkareem                                                                                                                  

     Hon. Jebreel wrote: “I pray to almighty Allah to forgive you and reward all your efforts, especially to have.”

     Wale Ogunade

    Activist Ogunade wrote: “You have done your bit. We shall keep the flag flying

  • Court orders release of ex-student activist’s result 15 yrs after graduation

    The Supreme Court last Friday ordered the release of the academic record and degree of a former student activist, Olarenwaju Akinola, fifteen years after completing his study at the University of Ilorin.
    In a unanimous judgement, delivered by Justice Peter-Odili,the court dismissed the appeal filed by the University of Ilorin against the judgement of Court of Appeal, Ilorin, delivered on June 8, 2007 in the case involving Akinola and the University.
    The Court of Appeal, Ilorin had earlier upheld the judgement of the Federal High Court, Ilorin, delivered on June 21, 2006, which declared illegal and unconstitutional, the withholding of Akinola’s academic record and degree.
    In its judgement delivered by Late Justice Chukwura Nnamani, eight years ago, the Federal High Court declared that Olanrewaju Akinola’s academic record and degree should be released forthwith.
    It also awarded the sum of Seven Million Naira (N7,000,000) as exemplary damages.
    The Supreme Court, had on June 6, this year unanimously dismissed in its entirety, the appeal filed by UNILORIN against a related case involving another former student activist of the University, Rasheedat Adesina, who like Akinola, had earlier won her case both at the Federal High Court, Ilorin, and Court of Appeal, Ilorin.
    The Federal High Court in the judgement delivered on June 21, 2006 by Late Justice Chukwura Nnamani had ordered that her academic records and degree should be released. The court also awarded the sum of Five Million Naira (N5,000,000) as exemplary damages.
    Akinola and Rasheedat Adesina had completed their courses of study since 1999 and 2001 respectively but the University withheld their academic records and degrees over their alleged involvement in the students unionism.

  • Building consensus for national development

    The ongoing National Conference is approaching the terminal stage. Very soon Nigerians will know whether the conference was a worthwhile political master stroke by President Goodluck Jonathan’s administration as observed by Bishop Mattew Hassan Kukah and many others following its inauguration. Alternatively, Nigerians will know whether the convocation of the conference was an ultra expensive gimmick by the administration to tamper the political convolution that was then threatening to torpedo it. No doubt, the Jonathan administration has had time to regain its breath since the conference started, with a sizeable number of the critical elite bogged down by the intricacies and the spoils of that political engagement.

    However, to the consternation of many of those who have invested hope in the conference, there is yet no courageous proposal by the conference to alter our country’s suffocating rent economy for a productive one. Indeed to the chagrin of many, the conference had turned the important requirement of political restructuring of the country for our nation’s survival to a huge joke, with the hideous recommendation for the creation of 19 new states. With a substantial number of the conferees distinguished beneficiaries of the rent economy, the conference by that recommendation merely sort to expand their clan, even as they have spared no thought as to how such an expansive expansion of the national bureaucracy can be maintained.

    So instead of concentrating their effort to hammer out a consensus on how the existing 36 states, with the creation of just one more state for the south-east zone, will be re-structured and empowered for greater economic activity and bureaucratic efficiency, the conference has rather opted to further muddle the pond. I was thinking that despite the misgivings over the benefits accruable to the country from the conference by a critical segment of the country, that the members will understand the urgent need to work out modalities on how to devolve greater economic powers to either the existing states, or a proposed zonal arrangement. With the claim and counter-claim by segments of the delegates over a proposed new constitution, let us wait to see if there will be a redeeming benefit from the conference which no doubt has given a huge dent to the national purse.

    As the conference turns on the last lap, the challenge before the conferees is to find the requisite sagacity to build the required consensus to hammer out beneficial proposals for our national rebirth, however minuscule. In making that move, perhaps the guide provided by late Ikemba Nnewi, Emeka Odumegwu-Ojukwu in his book, Because I am Involved, may be helpful to the representatives. In that book, he late Ezeigbo wrote,“I am humbly of the opinion that the true beginnings of our loss of direction as a nation can be traced directly to the fabrication and installation of what I had earlier called east/west dichotomy. It is this phenomenon that has created and multiplied the imbalance in our body public. It is this that betrayed our struggle against colonialism. It is this that has created the situation which has been ably exploited and which continues to be exploited to our mutual detriment…. I am firmly of the opinion that the beginning of wisdom in Nigerian politics is the removal of this imbalance which constantly distorts everything.”

    I am confident that nobody will accuse the great Ikemba of talking ignorantly; neither will any from the East accuse him of being a sell-out, as many uninformed critics glibly assert, when some people push the position that there is the need for a strategic alliance between the old east and the old west, if Nigeria will ever have the chance to make any form of progress. As Ikemba asserted in his book first published in 1989, when he wrote “I do believe that the search for a new understanding begins willy-nilly with the east and west finding a common ground. This need is so urgent that I do not believe it affords us the luxury of apportioning blame. We all are at fault to a greater or lesser extent. What the situation demands is courage; courage to chart a new course and speak new truths and the will to install new understanding. In saying this, I wish to state categorically that my proposal is not and can not mean the replacement of the east/west dichotomy with a north/south dichotomy. Rather what I propose is that east/west understanding is a prerequisite for a north/south understanding without which the pan-Nigerians of our dream and aspirations cannot be installed.”

    Propounding his assertion that one of the problems buffeting the progress of Nigeria is the lack of unity, Ikemba referred to the Holy Bible’s assertion that ‘If a house be divided against itself, that house cannot stand’. He then enthused: “In a nutshell, this is the problem of Nigeria. If Nigeria is divided against itself, Nigeria cannot stand.” He continued, “What then is unity? Unity, in a political unit, is a state of affairs where the entire polity is completely reconciled with itself: a state of affairs where fear, reasonable or unreasonable is diminished or reduced to manageable proportions, a state of affairs where the entire society maintains confidence in the institutions that bind, a state of affairs where man can confidently seek and find his due place in society…. Unity does not mean that differences cease to exist. Rather, it means that differences are recognized and accommodated to the satisfaction of all concerned. Unity means that both privilege and handicaps are not automatic.”

    Personally I guess Ikemba is right on this score. The challenge however remains the lack of will among the divided elites to appreciate this template as the antidote to the motion without movement that has bedeviled our nation’s political trajectory, and work for a change.

  • Fashola: How lawyers, others connive to throw courts into darkness

    Fashola: How lawyers, others connive to throw courts into darkness

    Lagos State Governor, Babatunde Fashola (SAN) and  other lawyers  have asked that a mechanism be put in place to curb  the justice delay in the state.

    The governor lamented incessant power outage in the high courts, noting that it contributes to justice delay.

    Fashola spoke at a conference on “Delay in Justice Administration-Beyond the rules and the law” organised by the state Ministry of Justice and the Nigerian Bar Association (NBA) in Lagos.

    Fashola accused some officials of Eko Electricity  Distribution Company of cutting off power supply to the courts at  9 am and  not returning it until about 5pm.

    The governor said some lawyers and litigants connive with public officials to ensure power outage in the courts to delay proceedings.

    The governor noted that lawyers are trained to assist their clients, and that they should be honest enough to restrain  their clients from going to court.

    “What is the value in a judge sitting for hours over a matter that is not actionable only for the lawyer to be filing frivolous applications?” he asked.

    Governor Fashola also noted that the architectural designs of the court rooms have also constituted delays in administration of justice.

    He noted that whenever there is power outage in the courts, there is nothing that can be done again.

    “In the old court rooms, there was cross ventilation and day light in the court rooms. So, there was  no disruption of proceeding as a result of power outage.

    “I think we should start looking into designing courtrooms that would have cross ventilation and day lights,” he said.

    The Attorney-General, Mr. Ade Ipaye, noted that lawyers and litigants are key players that can either speed up or slow down  adjudication.

    Other factors which could also delay administration of justice include the judges, court buildings and equipment, court rules of procedure, court staff and registry, enforcement and custodial facilities among others.

    He said all these factors determine the quality and pace of adjudication.

    To reduce trial time, he said the state established the Multidoor Courthouse and the inclusion of Alternate Dispute Resolution(ADR) in the rules of Civil Procedure.

    Ipaye said frontloading also stemmed the influx of frivolous cases, adding that cases filed at the High Court of Lagos State has reduced  from 6,696 in 2011 to 6,584 in 2012 and to 6,043 last year.

    He said the number of cases which  achieve early settlement has increased due to ADR and the establishment of fast track courts.

    The Solicitor-General Mr. Lawal Pedro (SAN) said the reduction in delay in justice administration would be better appreciated when  the advantages gained by the society is considered, noting that litigation precludes resort to violence and circumvention for self-help.

    Pedro suggested a four-way approach to eradicate the delay.

    He  suggested that a week in each quarter of the year be declared a Law conference week for judges and lawyers to find solution to the problem.

    The Solicitor-General said in criminal justice system, the Inspector- General of Police (IGP) should be made to issue directives that no policeman involved in criminal investigation is posted outside a state without clearance from the Attorney- General.Also, he said there should be early fixing of trial dates to limit time for interlocutory proceedings and case management.

    A former Attorney-General/ Commissioner for Justice in the state, Mr. Yemi Osinbajo, suggested that the sittings at  Court of Appeal should be enlarged to accomodate not less than five panels sitting simultaneously to ensure the speedy dispensation of justice.

  • Ministry seeks justice for children

    The Federal Ministry of Justice has inaugurated a sub-committee under the Federal Justice Sector Reform Coordinating Committee (FJSRCC) to drive reforms in the juvenile sub-sector. ERIC IKHILAE reports

    As part of its justice sector reforms efforts, the Federal Ministry of Justice,through the Federal Justice Sector Reform Coordinating Committee (FJSRCC) has inaugurated a body of experts to help drive needed changes in the juvenile sub-sector of the judiciary.

    The body, named the FJSRCC’s Sub-Committee on Child Rights and Juvenile Justice, with members drawn from about nine agencies, is tasked with ensuring implementation of the Child Rights Act, beginning with the Federal Capital Territory (FCT).

    Members are drawn from the Nigeria Prison Service, the Police, the FCT Judiciary, Legal Aid Council of Nigeria, National Human Rights Commission, Nigerian Bar Association/ Federation of Female Lawyers (FIDA), Federal Ministry of Women Affairs and Social Development, United Nations Children’s Funds  (UNICEF) and the Federal Ministry of Justice.

    Inaugurating the sub-committee on July 2 in Abuja, Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Abdullahi Yola said the body is intended to serve as a catalyst for state-level justice sector reform on child rights, by supporting the adoption of justice sector reforms and ensuring compliance with the Child Rights Act.

    “The sub-committee, in broad term, is to lead the reform of justice sector, with regard to child rights in Nigeria, through a coordinated cross-sector approach, with the aim of improving the capacity of all relevant institutions to deliver on their mandates, and promote the wellbeing of the child.”

    Yola said the sub-committee will, in discharging its responsibilities, expected to identify areas requiring reforms, develop a well thought out action plan for implementing the identified reforms, influence and encourage relevant institutions to implement the reforms; monitor implementation of such reforms and evaluate their impacts and outcomes on the sector.

    As it relates to the Child Rights Act, Yola said the sub-committee will serve as the forum for the development, promotion and monitoring of an all-inclusive reform strategy under the Act; coordinate the development and implementation of policies and reforms aimed at improving the delivery of justice services and achieving higher operational standards.

    He added that the sub-committee will also be required to provide a forum for resolving cross-institutional problems, and help improve skill and build capacity in the sector for effective implementation and enforcement of the Act.

    The sub-committee’s Chairman and a judge of the High Court of the FCT, Justice Abba Mohammed said efforts to reform the juvenile justice sector and ensure effective implementation and enforcement of the Child Rights Act should go beyond mere enunciation of policy frameworks.

    He noted that aside the initial problem of a countrywide implementation of the Act as enacted in 2003 by the Federal Government, on account of the federal nature of the country, the law could still not be implemented in the FCT due to lack of the needed institutional structures to drive the existing framework.

    Justice Mohammed noted for instance, that the Child Rights Act (Enforcement) Procedure Rules developed to serve as the impetus for the Act in the FCT is currently not applicable due to the absence of critical institutional structures.

    He said as against the requirement that proceedings in a Family Court (meant to handle juvenile cases) be conducted by a panel consisting of a judge and two social workers, particularly a Child Psychologist, “we still sit as individual judges.”

    UNICEF’s representative, Mrs Jean Gough regretted the continued abuse of child rights in the country and the non-implementation of the Convention on the Rights of the Child despitethe nation’s enactment of the Child Rights Act since 2003 and the subsequent passage of the Act by some states.

    Mrs Gough, who is UNICEF’s Resident Representative in Nigeria, cited the case of a 17 year old mother who was sentenced to five years imprisonment or a fine of N85,000 upon her conviction by a High Court in Cross River State for stealing N10,000.

    She said because the juvenile convict was unable to pay the fine, she is currently serving the jail term in a conventional prison with her child.

    Mrs Gough said aside the case she cited, there are many gaps in the country’s justice sector for children. She condemned the frequency with which children were thrown into detention in the country. She advised that “detention should be a last resort for children.”

  • ‘It’s time for change in NBA’

    ‘It’s time for change in NBA’

    The Nigerian Bar Association (NBA) election will hold next Tuesday. Mrs Funke Adekoya (SAN) is the third in our interview series on the candidates. She tells Legal Editor John Austin Unachukwu, why she is running for the office, her programme and sundry issues.

    There have been  calls for an Electoral Offences Commission to adjudicate on electoral offences in the country. What is your reaction to this?

    I do not support the idea of an Electoral Offences Commission specially set up to adjudicate over electoral offences. All offences are serious and deserve equal attention from the administration of justice system. We had the Failed Banks Tribunal and the Miscellaneous Offences Tribunal in the past and the administration of justice system suffered from delays in the hearing of regular matters because judges were posted to these tribunals.

    Electoraloffences were created by our Electoral Law a while back. It is not the absence of a court that has prevented the arraignment of offenders before now but the political will to try offenders. If the political will is there, offenders can be arraigned before the regular courts and dealt with appropriately.

    What is your appraisal of the performance of the Independent National Electoral Commission (INEC) in the conduct of by elections in the country with respect to our recent experiences?

    The INEC has fallen short of my personal expectations even though they had a good outing in the Ekiti State elections.  I have the highest respect for Professor Attahiru Jega and hold him in the highest esteem.

    Perhaps because I am not privy to any bottlenecks hindering the performance of the Commission I may be judging wrongly, but I was excited when he indicated that electronic voting would be used for the 2015 elections and would be test run in the Ekiti and Osun elections.

    The law to allow this to happen has not been changed till date. I feel he has the clout to make this happen, but as I stated earlier, perhaps I am wrong. In addition the NBA Electoral Monitoring Group which monitored the elections on behalf of the NBA reported that the Commission needs to do more in the area of voter education, as some elderly voters came to vote without being aware of who or which party

    What does this portend for 2015 general elections ?

    For credible elections, voter education needs to be improved upon.

    However the staggering of the elections should be re-visited so as to avoid a ‘bandwagon’ effect. I do not see why it is impossible for all the elections to be held on the same day, moreso now the Senate is supporting the amendment of the Electoral Act to allow electronic voting. This will also avoid voter fatigue and increase voter turnout, which is itself a factor in holding credible elections.  On the plus side, the colour coding of ballot papers in the June elections made the movement of ballot boxes a non-issue. If such innovative systems are replicated in the 2015 elections, those elections will be more credible.

     As a Presidential candidate in the forthcoming NBA elections, why do you think you are the most qualified to lead the Bar at this time?

    I believe I am the most qualified to lead the Bar at this time because I can utilise my international exposure – through my years of active involvement with the Bar Issues Commission of the International Bar Association where I served as an Officer – to implement and inject international best practices into the management of our Bar Association. The election of our Secretary-General as a Vice President of PALU means Nigeria is gaining recognition on the international legal stage, and our Bar Association must be ‘fit for purpose’.

    Furthermore, I believe I am the most qualified in terms of my length of service and the wealth of experience in service to the profession through the Association, which experience has been utilised by every

    NBA President since Chief T. J. Okpoko (SAN) became the President of the revived NBA in 2000. He appointed me as a member of the NBA Disciplinary Committee for the Lagos Zone. In 1999 he also nominated me to the Body of Benchers as a representative of the Association. He also appointed me as a member of the National Judiciary Committee of the Association. The Committee was chaired by Mr. Olisa Agbakoba, SAN and was charged with oversight of relationships between the Bar and the Bench at the national level.

    Between 2002 and 2004, I was the first Vice President of the Association under the presidency of Chief Wole Olanipekun (SAN). In that role, I served as Chair of the National Human Rights Committee that later evolved into the Human Rights Institute. I ensured that committees were constituted under the leadership of the first Vice Chairman of each

    branch to provide pro bono legal services. Quarterly reports of pro bono cases were provided to me by each branch. Branches were encouraged to approach lawyers and law firms in their territory to initiate fundamental human rights proceedings to assist awaiting trial detainees and aid prison decongestion.  I also pioneered the campaign for introduction of the use of stamps and seals by all lawyers practicing in Nigeria, similar to those used by architects and engineers to authenticate their professional status. The project was successfully launched by the then Chief Justice of Nigeria during the NEC meeting in Ilorin in June 2004 and then abandoned. 10 years later, the Association has now revived the project.

    Tell us the key issues in your manifesto and how you intend to go about them?

    The key issues in my manifesto are three-fold and I intend to achieve them as set out below: Human Resource Development – I will champion the process of equipping members with requisite skills and providing them with needed access to information, knowledge and professional training that, in turn, enables them perform optimally and effectively. Organisational Development – Utilising the experience gained as an Officer of the Bar Issues Commission of the International Bar Association, I will put in place structures, processes and procedures for efficient management of the Association. This will ensure that the Association delivers necessary membership benefits to all members of the legal profession who pay their practising fees before 31st March of each year. Institutional and Legal Framework Development – Under my leadership, the Association will implement the five-year Strategic Development Plan proposed for the Association. I will also promote the introduction of legal and regulatory changes that will enable the Association to better enhance the role of its members and make itself the true representative voice of the profession, its members and the society at large.

    There have been calls for electoral reforms at the Bar to make our elections transparent, credible, free fair and rancuor free. What is your view on this?

    As immediate past chair of the Nigerian Branch of the Chartered Institute of Arbitrators (United Kingdom), I implemented the use of electronic/online voting for our Branch elections. This meant that our members all over the country did not have to converge in Lagos at the risk of life and limb before they could vote for the Executive Committee members of our choice. Based on our membership strength, it cost us less than USD $1000 and increased voter participation by over 100 per cent. I would propose this as an alternative to our present system of voting,  and if accepted would submit proposals to amend the NBA Constitution to allow for its implementation.

      There seems to be a disconnect between the NBA and majority of its members. How do intend tackle this and make the association the pride of its members?

    It is true that currently there is a lack of involvement of members in the affairs and activities of the Nigerian Bar Association. This can be solved through an all-inclusive approach to leadership which I would implement, if elected. Consultation with Branch chairmen on issues affecting the profession is key to inclusiveness. There is also a huge disconnect between the leadership and its members who are largely uninformed about the activities of the Association. Some lawyers think the elections are by universal suffrage and will take place during the Annual General Conference in Owerri next month and are planning to attend the conference so they can vote! I had to educate them otherwise. The Publicity Secretary is responsible for communicating issues between the Association and its members. I have reached out to the profession through the various social media platforms such as Facebook and Twitter, in addition to emails and SMS. Under my leadership, the Publicity Secretary will be mandated to vigorously engage with members through these various platforms. In addition, we shall ensure publication of monthly Electronic Newsletters to be provided to members of the association so as to keep them abreast of news and activities of the association.

    You are reputed to have served the Bar in its golden years. What experiences are you bringing  to reposition the organisation if elected its president?

    Let me say that prior to 2000, I served as Assistant National Secretary and as Secretary of Lagos Branch between 1984 and 1986. I then served as National Treasurer between 1990 and 1992. My record of service spans the last 35 years. I intend to deploy all these experiences and the ones earlier set out to the service of our association if I am elected.

  • Group trains mediators

    The Standing Conference of Mediation Advocates (SCMA) has set up a faculty for  training mediators in West African.

    Its convener, Mr Valentino Buoro, a lawyer, said a team of senior lawyers who constitute the pioneer faculty has undergone an intensive training in the United Kingdom.

    He said the group was working with the Lagos Multi-Door Courthouse (LMDC) to  train lawyers and other professionals in alternative dispute resolution.

    He said: “As one of only five organisations accredited worldwide by the International Mediation Institute (IMI) for the training of Mediation Advocates, the SCMA is pleased to collaborate with LMDC which is Africa’s first court – connected Alternative Dispute Resolution (ADR) Centre.”