The Nation Newspaper

Category: Law

  • Ikorodu NBA elects new officers July 7

    Members of the Nigerian Bar Association (NBA) Ikorodu Branch will out on July 7, elect new officers to run the affairs of the association for another two years.

    The tenure of the incumbent executives led by Sahid Shillings would end same day.

    A three-man electoral committee led by Mr. Bakiru Jagun has been constituted to conduct the forthcoming elections fof the branch.

    Other members of the committee  are Mrs. Maurine Bolowotan, Secretary and Mr. Jide Abiodun.

    The committee is expected to organise the elections in accordance with the branch’s bye laws.

    Already, interested members  have started campaigns following the lifting of the ban on political activities.

    Shillings said  Jagun was given the responsibility of organising elections based on his integrity.

    “Jagun is a veteran and former Vice Chairman of the branch and a member of the National Executive Council (NEC) of the NBA and a strong and well respected member of the branch,” he said.

    He said the elections will be preceeded by this year’s Law Week of the branch, which started on Sunday with a church service in Ikorodu.

    Highlight of the week-long Law Week, he said, is the annual Chief Babatunde Olusola Benson(SAN) lecture which comes up tomorrow and the Annual Bar Dinner scheduled for Thursday.

    According to him, Mr. Lateef Fagbemi(SAN) would be the Guest Lecturer while the Chairman, House Committee on the Judiciary, Hon. Sanai Agunbiade will chair the occasion.

    Talking about his achievements, Shillings said his administration delivered on all campaign promises made two years ago and put the branch on good foundation for the in-coming officers to build on.

    He said the branch has moved from an individual member chamber being used before to a befitting secretariat on TOS Benson road,  Ikorodu.

    He said that his administration improved on membership drive by about 50 per cent and that plans are on-going to bring lawyers in Epe under the umbrella of the branch.

    He said the branch for the first time, celebrated the annual legal year, reviewed the bye laws and updated it to meet present day practices. It also inaugurated the Young Lawyers Forum as obtained in older brances among other achievements.

  • Mind your conduct, CJ tells magistrates

    Mind your conduct, CJ tells magistrates

    Lagos State Chief Judge, Justice Ayotunde Phillips has sworn in 12. She advised them to respect their new office and mind their conducts. ADEBISI ONANUGA reports.

    At this point, you must realise that you have moved to the Bench. You have left the Bar. Those lawyers you used to gossip with, about the magistrates and about the judges, are now going to gossip about you.  So, remember all you said about us when you were on that side. Now they would say those things about you. You just have to pray that they have  good things to say about you and not bad things.

    “From this moment on, the clock starts to tick for you and your reputation is beginning to get formed and if you start off either as lazy or indolent or on a good note , that exactly is going to be your stigma until you retire. So you have been warned.  So, you are expected  to be mindful of your conduct and utterances henceforth and be dedicated to their new job.

    “I implore you, therefore, to ensure prompt and regular sittings at 9am, comport your self in a dignifying manner suited to your job template  and ensure that your social activities are regulated and suited to your new role. “

    With these words , the Chief Judge of Lagos State, Justice Ayotunde Phillips, swore into office 12 new magistrates in the state judicial system.

    Justice Phillips further said: “The standard expected of a judicial officer as espoused by the Code of Conduct for judicial officers would therefore, be embraced and observed by your honours. You must therefore familiarise yourselves with the Code of Conduct for Judicial Officers as this would serve as your steering wheel as you navigate the often turbulent judicial terrain.

    “The Code of Conduct specifically applies to all categories of judicial officers in the federation, including magistrates and provides standards for judicial activities, social relationship, administrative duties, occasional activities etc. The knowledge of the rules of this law book would prove invaluable in the years to come.  You would also soon come to realise that your reputation would precede you as court users easily tagged law officers as knowledgeable, incorruptible, trustworthy, efficient, rude, indolent or corrupt,” the Chief Judge stressed.

    The new magistrates comprise 10  women and two men. Their addition has increased the number of magistrates in the state to 119.

    They are: Feyikemi George; Abimbola Davies; Adenike Onilogbo; Funmilayo Dalley; Oluwatosin Ojuromi; Adenike Adepoju; Olanike Olagbende; Oluwabunmi Osibajo; Kofoworola Ariyo;   Adeola Erinle; Mr. Owolabi Lateef and Mr. Atanda Layeni.

    The swearing-in, which held penultimate week at the court room of the Chief Judge in Ikeja, had in attendance the Head Judge, Justice Funmilayo Atilade;  the Executive Secretary of the Lagos State Judicial Service Commission, Mrs. Ayo Odugbesan;  former Lagos  State Attorney General and Commissioner for Justice, Prof. Yemi Osibajo and his brother who once served in Ogun State, Mr. Akin Osibajo;  Lagos State Commissioner for Youth Hon. Waheed Oshodi; the State High Court Chief Registrar, Mrs.  Olamide Akinkugbe and her deputy in-charge of Administration in Ikeja, Mrs. Abisola Soladoye,  among others.

    Justice Phillips told the new magistrates that they were being sworn-in at a time when the work-load of magistrates have increased tremendously. “I dare say you would have a lot of work to do because there has been an increase in your jurisdiction to try tenants and landlord cases and criminal matters up to N10million,” she said.

    According to her, Section 28(1)(b) of the Magistrate Court Law 2009 particularly support the expansion of their jurisdiction adding, “this section provides that magistrates shall exercise jurisdiction in landlord/tenant matters where the annual rent overload does exceed N10million, but the claimants may in addition claim arrears of rent  in respect of the fact that the total claim does not exceed N10million.”

    She said their appointments would help to decongest the courts and ensure speedy and prompt dispensation of justice especially as it relates to pre-trial and awaiting trial syndrome in the prisons. “This is one area where I hope your honours would pay particular attention as quite a lot of work is in progress in ensuring  a minimum number of awaiting trial inmates in our courts,” she said.

    Justice Phillips told the new magistrates that Section 3 of the Magistrate Court Law 2009, provides a long list of offences triable under 17 various legislations in the state.

    She said: “These cases in addition to your regular jurisdiction would keep you extremely busy to justify your appointment at this time.”

    The new magistrates, she said, were selected from the best crop of the learned minds who applied for the position.  She expressed confidence that they would excel as magistrates in the state because they were picked from the best of the crops.

    To build their confidence in themselves about their new assignments, Justice Phillips recalled some of the best jurists who were also magistrates at some point in their career and rose to the exalted offices of the Chief Justice of the Federation. She listed them to include Justice (Sir) Darnley Arthur Alexander, retired state Chief Judges  such as Justice Joseph Adetunji Adefarasin,  Justice Olusola Thomas and Justice Adesegun, who were magistrates before they were elevated  to become Chief Judges.

    “So, you see, the sky is the limit for you if you apply yourself to your job.                                                                                                                                                         I urge you therefore, to be above board.  Section 2(2) of the 1999 Constitution (as amended), provides that judicial powers  shall be vested in the courts,” she said.

    She said the section  which relates to Section 6(c) of the Constitution provides that the House of Assembly shall make laws. The combined effect of these two sections, according to her,  is that magistrate courts being one of such courts, where House of Assembly makes laws,  fall within the purview of this Section 6 of the 1999 Constitution.

    According to her, this fact is further reinforced by the Lagos State Magistrate Court laws, Section 4(2) thereof, which provides that all magistrates in Lagos State shall serve as judicial officer to the exclusion of other functions except as may be provided by law.

    The Chief Judge said the state judicial service commission has developed a training  curriculum for the new magistrates  to afford them the opportunity of learning skills required for their new office. She also enjoined them to empower themselves with the requisite skills for the job including, but not limited to the Lagos State Magistrate Courts Law 2009, the Administration of  2011, the Tenancy law as well as the Evidence Act and the Constitution, stressing that a mastery of them would ensure a hitch-free and smooth transmission from the bar to the bench.

    Responding on behalf of his colleagues, Mr. Lateef thanked the Chief Judge  for finding them worthy of the appointment. He  assured that they would do their utmost best to ensure fair and speedy dispensation of justice in the state and would not erode the confidence reposed in them. He said they would   be worthy examples of the magistrates in the state.

  • Dora Akunyili departs amidst unremitting insurgency

    This week I had wanted to examine whether the Russian President, Vladimir Putin has morphed into a putative Adolf Hitler, considering his war exploits in Ukraine, amidst the resort to scaremongering by the United States and her western allies. But an emerging putative industry, at home, drew my attention. It is the resort to insurgency by youths, as the best way to gain national prominence. Even as I contemplated the trenchant intervention by the Biafra Zionist Movement (BZM) in the insurgency industry, the news of Professor Dora Akunyili’s departure broke. So, I decided to put Putin on hold, while I pay tribute to Dora, and sparingly examine the turning of insurgency to a cruel joke.

    Before her departure on June 7, at 59, Dora Akunyili, former Information Minister, and former Director General NAFDAC, had become a national folk hero. Intriguingly, the road to her heroism was fraught with roses, the thorns and flowers in equal measure. Growing up, she survived some near death experiences, which she unabashedly proclaimed as a sign of the glory of God on her. One, was when as a child, leaving with her grandmother in rural Isuofia, Anambra state, she lost consciousness and was later diagnosed with pneumonia. Another was when she suffered from pancreatitis, and neither ate nor drank for three weeks, living only on infusion. Again, while serving as the Zonal Secretary of the Petroleum (Special) Trust Fund (PTF), she suffered a strange stomach ailment, which was diagnosed locally, as requiring surgery abroad.

    In Dora’s divine trajectory, the local diagnosis, was upturned when she travelled to the United States, where she was treated, and asked to go home. Interestingly, it was her exceptional display of pious integrity, by refusing to appropriate to other use, the 12 thousand pounds, given to her for the surgery that propelled her to national fame. Despite encouragement from hospital officials and colleagues, Dora opted to return the money to the coffers of her employers. It was this story, which was relayed to General Mohmmadu Buhari, then Executive Chairman of PTF, that recommended her to President Olusegun Obasanjo, who in 2001, was in search of ‘a man or woman of honour to lead a crusade in the much beleaguered food and drug sector of the national economy’.

    The National Agency for Food and Drug Administration (NAFDAC) was at her nadir as a regulatory agency, when Dora took over. Already by 1990, Professor Adeoye Lambo, a former WHO Deputy Director, had reported that 54% of drugs in every major pharmacy in Lagos were fake drugs. By 2001/2002, a study by NAFDAC showed that 68% of drugs in circulation were unregistered. It was this monster, that Dora was recruited to confront. And she did, at great costs to her family, her staff and NAFDAC as an institution. In pursuit of her vision for a fake-drug free country, Dora, suffered several personal attacks and even an assassination attempt, on December 26, 2003.

    Her performance at NAFDAC was revolutionary. She succeeded in drastically reducing fake drugs in circulation, as the Agency established the capacity to ensure that all drugs complied with laboratory standards and inspection requirements before they are registered. The Agency also insisted that all drugs must renew their registration every five years, while all regulated products must bear NAFDAC registration number on its label, to enable the public to indentify drugs certified by the agency. The Agency furthermore established the National Pharmacovigilance Center, and coordinated with international organizations to tame the scourge of fake drugs importation into Nigeria. For her dogged efforts, to save the lives of Nigerians from the adverse effects of drugs, in spite of treats of grave danger to her and members of her family, Dora, a distinguished academia, mother, grandmother, and politician worn over 400 national and international awards.

    Dora was loved, respected and promoted by the press. To tap from that, late President Umaru Musa Yar’Adua, invited her to join his cabinet, as the Minister of Information. Dora was one of the major personalities whose performance in public service, was celebrated in the book, Service Above Self, which I co-authored with Emeka Agbayi. Indeed, the book formed a good resource for this tribute. I must say that I treasured the personal encounters I had with Prof, while I researched for the book. As Dora, the epitome of self-sacrifice is called home by her creator, here is wishing her dear husband, Dr. J.C. Akunyili, their children, her innumerable admirers and Nigerians, the grace to celebrate this Icon of our time.

    Insurgency as business

    The news report last week, that the Police has repelled an attempt by a breakaway faction of the Movement for the Sovereign State of Biafra (MASSOB); known as Biafra Zionist Movement (BZM), from overrunning the Enugu state government house attracted my attention. According to the report, a 20 member BZM members led by one Ben Onwuka, strangely a United Kingdom based lawyer, armed with a CD Rom for a broadcast to declare a Republic of Biafra were arrested, after the escapade. According to the report, this bizarre group of emergent insurgents was banking on hosting a flag at the Lion Building, and making a broadcast, to propel young men leaving around the government house to troop to the street, to claim their Biafra.

    No doubt, Ben Onwuka and his group must have opted to join several other young and women across the country, to poke a cruel joke on the authority of President Goodluck Jonathan and the tottering Federal Republic of Nigeria. With the social and economic benefits accorded those who have successfully taken the authority of our Republic for a ride in the past, Insurgency has turned a burgeoning enterprise; which is sad.

  • Supreme Court has no direct appellate jurisdiction on lpdc’s decisions

    In his brief of argument and further oral adumbration thereof, the Hon. Attorney General of the Federation, Mr. Mohammed Bello Adoke, SAN, as an Amicus Curiae made submission that the Supreme Court has jurisdiction to hear any appeal including the instant appeal filed directly against the direction of the LPDC despite the recent decision of the court in Jide Aladejobi v. Nigerian Bar Association. He conceded that under section 12 of the Legal Practitioners Act 1975 (Decree No.15 of 1975 (Principal Act), an appeal against the direction of the LPDC could only lie to the Appeal Committee of the Body of Benchers. That was the law also under the 1990 LFN. The position, he stated, changed when the Legal Practitioners (Amendment) Decree No.21 of 1994 was promulgated.

     

    In its presentation both written and oral, before the court, the Nigerian Bar Association (NBA) represented by its Chairman, Mr. Okey Wali, SAN, as an amicus curiae, made a comprehensive submission that the question raised in the issue under consideration must be answered in the affirmative, that the court has jurisdiction to hear and determine appeals from the Legal Practitioners Disciplinary Committee (LPDC) as the law stands presently and going by the decision of the court in Okike’s case (supra) which was predicated on the provisions of Section 12 subsections [6] and [7] of the Legal Practitioners Act, Cap 207 of the Laws of the Federation of Nigeria, 1990 as amended by the Legal Practitioners (Amendment) Decree No 21 of 1994.

     

    On the whole, the Court held that it finds it very difficult to depart from or overrule its earlier stand on Aladejobi’s case. The Court further held that no two laws or provisions of an enactment or enactments on same subject which are in conflict that shall be allowed to co-exist. The Court held further that the view that the provisions in the 2004 Laws of the Federation relating to the disciplining of erring Legal Practitioners as contained in Cap L11, LFN, 2004 are the ones that will regulate appeals from the directions of the Legal Practitioners, Disciplinary Committee of the Body of Benchers. That if the Appeal Committee is not in existence as argued by some of the counsel involved in the appeal, it is for the concerned Body, i.e. the Body of Benchers to respect and implement the provision(s) of the 2004 LFN, relating to appeals emanating from the LPDC. The Court still held that the Supreme Court lacks jurisdiction to entertain appeals direct from the directions of the LPDC. The issue raised suo motu by the court on 22nd October, 2013, and now fully addressed by learned counsel for the respective parties and the amicus curiae, in relation to whether it has jurisdiction to entertain appeals direct from the directions of the LPDC in view of its earlier decision in the case of Jide Aladejobi v Nigerian Bar Association, decided on 12th July, 2013, now reported in (2013) 15 NWLR (PT.1376) 66); (2013) LPELR-20940 SCs, and in some other Law Reports, was resolved, in line with the decision taken in ALADEJOBI’s case, that is the court lacks jurisdiction to entertain appeals direct from the Directions of the Legal Practitioners’ Disciplinary Committee (LPDC), pursuant to the provisions of the Legal Practitioners’ Act, Cap L11, Laws of the Federation of Nigeria, (LFN), 2004.

    Consequently, the pending appeal in the court, filed by Mr. Akintokun was regarded as a dead horse. The appeal was held to be incompetent and it was stuck out.

     

    Edited by Lawpavillion

    LawPavilion Citation: (2014) LPELR-22941(SC)

  • Court urged to void PDP’s zoning policy

    A High Court of the Federal Capital Territory (FCT), Abuja, has been asked to declare unconstitutional the zoning policy of the People’s Democratic Party (PDP).

    The prayer is contained in a suit by a governorship aspirant of the party in Akwa-Ibom State, Leo Ekpenyong, marked: CV/1471/2014.

    The plaintiff’s main contention is to the effect that the policy, contained in the PDP’s Constitution, is not only discriminatory, it negates the constitutional provision for the right of every citizen to contest election without being discriminated against, regardless of his place of birth.

    He stated, in a supporting affidavit, that the suit was informed by a recent publication by the Akwa-Ibom chapter of the party, in The Nation newspaper of April 24, 2014 (at pages 59 and 60), indicating that it has zoned the governorship position to Eket Senatorial District of the state.

    Ekpenyong said he is a member of the PDP, an indigene of Akwa-Ibom State, from Etinan Local Government, in Uyo Senatorial District. He contended that the party, by the publication, which it said formed the communique from its state’s Executive Committee meeting of April 22, was determined to discriminate against him and frustrate him in his aspiration for the governorship position.

    He stated that the party’s indication that its decision to zone the position to Eket Senatorial District did not preclude other aspirants from other districts from pursuing the aspirations, was insufficient to assuage the disadvantage the party’s publication has placed his aspiration in the context of the state’s governorship primary election.

    The plaintiff urged the court to decide whether he or any other aspirant to the governorship position in Akwa-Ibom State could be excluded from contesting the party’s forthcoming primary elections or placed at ant disadvantage on account of his Senatorial District, Local Government or ethnicity.

    He also wants the court to decided whether the resolution of the Akwa-Ibom State chapter of the party, published in The Nation newspaper is not unconstitutional, null and void.

    In resolving the questions, the plaintiff wants the court to declare that he or any aspirant to the governorship position in the state can not be excluded from the primary elections or placed at any disadvantage on account of his Senatorial District, Local Government or ethnicity.

    He also seeks a declaration that the Akwa-Ibom PDP’s resolution, published in the newspaper on April 24 is unconstitutional, null and void.

    Ekpenyong argued that the fact that the zoning policy is contained in the PDP’s constitution, is unhelpful to the position taken by the PDP in Akwa-Ibom because such policy violates the provisions of sections 14(2) (a), 15(2), 42(2), 42 (2) of the country’s Constitution and Section 87 of the Electoral Act.

    He contended that in view of the various constitutional provisions against discriminatory practices by political parties, the PDP in Akwa-Ibom State or any other party “has no choice but to maintain the principle of equality of opportunity for all aspirants regardless of where he comes from in the state.”

    The plaintiff noted that the PDP constitution did not recognise bodies like “Town Hall meetings, the Body of Chapter Chairmen, the Body of Local Government Chairmen/Vice Chairmen,” among others, listed as having endorsed the communique published by the party in Akwa-Ibom.

    When the case came up on May 26, Justice A. S. Umar granted the plaintiff’s application for amendment of the originating summons to enable him include the complete copy of the PDP constitution as exhibit.

    The judge ordered service of all processes on the defendant (the PDP) and adjourned to June 26 for hearing.

  • National Confab’s mixed message on judiciary reform

    Media aide to the Chief Justice of Nigeria Mr. Ahuraka Yusuf Isah, examines the recommendation of the Committee on Law, Judiciary, Human Rights and Legal Reforms of the National Conference and raises issues about some positions taken in the report.

    The 2014 National Conference’s Committee on Law, Judiciary, Human Right and Legal Reforms has turned in its report for the conference plenary debates and adoption on May 15th, 2014.                                                                                                                                                Members of the 25-member committee include retired Justices G.A.Oguntade,  T.F.Tabai, HRH Lawal Hassam Gumi, Abdullahi Mustafpha, Peter Akere, Adamu Aliyu, Baba Alkali Ba’aba, Adamu Bello and Veronica Ngozi Umeh.                                                                                        There are also two law professors – Auwal Yadudu and Onje Gye-Wado and five Senior Advocates of Nigeria, namely,  Charles Uwensuyi-Edosonwan , Olisa Agbakoba, Femi Falana, Mike Ozokhome and  Bayo Ojo.

    Other members are HRH Alh. Abdullahi Ibn Muhammad Askira 111, H.E Senator Kofowora Buknor-Akere, Dr Magadalyne Mbadzeridan Dura,Hajia Bintu Ibrahim Musa, Bar. Igberi Nweme, Ms Hauwa Evelyn Shekarau, Hon Olawale Oshun, Barr. Zubair Muhammad Umar and Chief Goddy Uwazurike.

    Curiously, when the committee paid a visit to the current Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar to seek her contribution on Judiciary reform debate, she did not waste time by reminding them that some wise men have recently taken their time to research into the same matter.

    Justice Mukhtar presented a copy of the report of the 28 wise men constituted by her immediate predecessor, Justice Dahiru Musdapher, with four former CJNs namely, Justices Muhammadu Uwais, S.M.A. Belgore, Idris L. Kutigi and A.I. Katsina-Alu as members.

    She told the Confab committee that the report was pending before the National Assembly for constitutional amendment.

    The Justice Uwais panel had three other retired Justices of the Supreme Court -Justices Kayode Eso, A.G. Karibi-Whyte and Umaru A. Kalgo. Justices Mamman  Nasir, Mustapha Akanbi and Umaru Abdullahi who were former President of the Court of Appeal (PCA) were also members. Others are Justices R.P.I. Bozimo and Rose N. Ukeje (who participated as former Chief Judges). Justice Lawal Hassan Gummi (then Chief Judge of Fderal Capital Territory) and two former Attorneys General of the Federation – Chief Richard O.Akinjide (SAN )and Alhaji Abdullahi Ibrahim were also members.                                                                                                              Former NBA Presidents – T.J.O. Okpoko (SAN), Wole Olanipekun (SAN), O.C.J. Okocha (SAN), Olisa Agbakoba (SAN), Oluwarotimi O. Akeredolu (SAN) and Prince Lanke Odogiyan and Joseph Daudu (SAN) -who was a serving NBA President then – were also involved.

    Other Senior Advocates on the panel were Dr. A.G.F. AbdulRazak, Anthony O. Mogboh and A.B. Mahmud, Hajiya Hairat Balogun, Prof. Epiphany Azinge (Director-General, NIALS), Dr. Mamman Tahir (Director-General, Nigerian Law School).

    The terms of references of the confab committee and Uwais panel may differ in the language or expression used, but it is all about Judiciary reform, aimed at having transparent, quick dispensation of credible justice and above all, having a judiciary peopled by men and women of integrity and  honour. It is about having a Judiciary devoid of corruption, with little or absence of executive interference.

    A cursory glance at the Confab’s Judiciary committee’s report gives the impression of boardroom or tea-room exercise on the grounds that neither public hearings were held nor memoranda received from members of the public. Besides, there is no record of wider consultations with stakeholders, pressure groups (like the NBA and CSOs) and members of the academic community, except the visit to the CJN by the committee members on April 28th, 2014. However, the exigency of time and space constraint won’t make it practicable to place the Confab’s Judiciary committee report side by side with the Uwais panel report for detailed analysis in this discourse.

    Though, the Confab’s Judiciary committee, which was chaired by a former Justice of the Supreme Court, Justice G.A.Oguntade spent 23 days to arrive at its decision, made far reaching recommendations capable of moving Judiciary forward, it equally made some recommendations capable of levying collateral damage on the Judiciary if allowed to prevail.                                      For instance, the committee recommended that a retired Justice of the Supreme Court should be appointed by the president on the recommendation of the Chief Justice of Nigeria as the Chairman of the Federal Judiciary Service Commission (FJSC).

    The functions of the commission, as contained in the Third Schedule (Part 1, Section E) of the 1999 Constitution states that the commission shall have power to advise the National Judicial Council (NJC) in nominating persons for appointments to the office of CJN, PCA, Justices of the Supreme Court and the Appeal Court.

    It also advises the NJC in choosing the Chief Judge of the Federal High Court, a Judge of the Federal High Court, and the Chairman and Members of the Code of Conduct Tribunal.

    The confab committee said that the CJN should continue to chair the NJC. In other words, a retired Supreme Court Justice is now empowered to superintend over a CJN in the process of appointment of judicial officers including that of succeeding CJNs.This sounds somehow, and could breed confusion and anarchy in the system. The right to hire goes with the right to fire.

    The Confab’s Judiciary committee also recommended that “retired Justices should preside over Election Tribunals as against serving Justices.’’ This recommendation failed to take historical account of the fact that electoral dispute, since the advent of democracy in 1999 has led to heavy casualty in the judiciary. The temptation associated with adjudicating electoral dispute is so high to the extent that the possibility of being caught and sanctioned by NJC is not mitigating enough. Besides, retired Justices are not immune to corruption as well.

    The former NBA president, Mr J.B.Daudu had once said some eminent retired Justices do midwife between serving Justices and litigants to sell judgments. Daudu, on February 17, 2010 had, during a valedictory court session held in honour of the late Justice Anthony Nnaemezie Christopher Aniagolu, vowed to expose how politicians used “consultants” to buy election cases with “incredible sums of money.”

    “We are no doubt aware that some of our colleagues including very senior counsel and at times eminent retired judicial officers go about offering their services as ‘consultants’ particularly in election cases for incredible sums of money so as to act as conduit between his client and the election court. The end result is to facilitate ready-made justice for the persons they are acting for’’.

    The question is, can the NJC that is in-charge of disciplining erring judges also sanction retired Justices if found to be corrupt while presiding over electoral dispute? The answer is no.

    Take for instance the incident that happened after the 2003 general elections where two Justices of the Court of Appeal – Justice Okwuchukwu Opene and Justice David Adedoyin Adeniji  – were dismissed by the NJC.

    This was in respect of the appeal filed by Dr. Ugochukwu Uba against the Anambra South Senatorial Election Tribunal which confirmed Prince Nicholas Ukachukwu as the winner of the Anambra South Senatorial District election of 2003.  Uba had been sworn in then as a Senator.

    The Second instance was the Akwa Ibom State Governorship Election Tribunal set up after the 2003 governorship election. There were five members of the tribunal. Whilst the proceedings

    were still pending in the tribunal, the petitioner, on the July 10, 2003 petitioned NJC, complaining that four of the five members of the tribunal had been compromised with large sums of money as bribe by the state governor.

    NJC investigated the complaints through a committee set up for that purpose and found that the allegations were true and that some members of the tribunal received bribes during the sitting.

    They were accordingly dismissed from the judicial Bench. One judge, who was not a member of the tribunal, was also dismissed for corruption and abuse of office because he was found to have associated with one of the contestants in a corrupt manner.

    Even the feud between the former CJN, Justice Aloysius Katsina-Alu and the former president of the Court of Appeal, Justice Ayo Isa Salami which almost left the judiciary prostate was borne out of the electoral dispute.

    One also hope that if the Confab’s Judiciary committee’s recommendation for review of the composition of NJC sails through, such laws will not turn the council to theatre of the absurd whereby the CJN will begin to lobby council members before judges can be appointed or disciplined..

    The committee is also of the view that ’’the system that requires judges to turn in a certain number of cases/judgments quarterly without regard to the quality of the judgment should be discouraged’’, appears counter-productive. Curiously enough, it is the same body that dwell on the matter of ‘’delay in administration of justice’’.

    Even before we sat for Common Entrance examination in our primary school days, we were warned that our successes would depend on ‘’speed and accuracy’’ If a target is not set in a system, what then becomes the measure to determine the level of productivity in that system?

    • Isah is the Media Aide to CJN

  • London arbitrators to hold global conference in Lagos

    London arbitrators to hold global conference in Lagos

    Officials of Arbitration London have arrived in Nigeria to educate legal practitioners and emerging arbitrators on the rudiments of the fast developing Practice.

    An international conference on arbitration organised by Arbitration London will hold in Lagos on  June 19.

    The conference which will hold at Four Points Hotel by Sheraton, Lekki, Lagos is themed, “A Practical Introduction to Oil and Gas, Construction, Trade and Maritime disputes” and is targeted at professionals  and others who are specialized or may want to take up arbitration as an area of specialization.

    International acclaimed arbitrator and mediator, Mr. Kadiri Momoh of the London based Mitchell Simmonds Solicitors who is leading the group, told journalists in Lagos last week that the conference will take an international perspective on current, emerging trends, issues on oil and gas, construction, and maritime disputes.

    Momoh said particular emphasis would be paid on international Construction, Trade and Maritime Arbitration;  Aspects of International Oil and Gas Arbitration: Practical Tips on how to draft an arbitration clause and  how to conduct arbitration.

    He said that another internationally acclaimed arbitrator,  Mr. Paul Bugden, a fellow of the  Chartred Institute of Arbitrators and Principal Partner of London based Bugden and Company Solicitors would also be a facilitator at the conference.

    Momoh disclosed that another International CommercialArbitration Conference has also been scheduled to hold in London between July 16 and 18, 2014 to cater in addition for those who might miss the Lagos conference.

    He said Federal Attorney General and Minister for Justice, Mohammed Adoke(SAN) will deliver the keynote address at the London arbitration cionference.

    Although , he declined to give names, Momoh said a number of Justices of the Federal High Court, Court of Appeal and the Supreme Court would be in attendance at the conference.

    He said that the London conference scheduled for Hilton Hotel, is targeted at those involved in international arbitration in West Africa sub-region  and will explore the London International Commercial  arbitration with particular emphasis on the perspective of the West African Arbitration usr in the transport, trade, infrastructure and the energy sector.

    Aside from himself and Bugden, other resource persons include a former Commercial judge, Justice Nicholas Chambers(QC); Harry Matovu(QC); Mr. Olumide Sofowara(SAN); Stephen Ruttle(QC);Arshaf Ghaffar and Mahnaz Malik of the English bar.

  • Presidency and amnesty for Boko Haram

    Many Nigerians must have  felt somewhat relieved on this year’s Democracy Day when it was announced that the Federal Government had offered amnesty to members of the violent Islamic sect, Boko Haram.

    Their thinking was that the killings and bombings that have sent thousands of innocent Nigerians to their early graves in the past few years will come to an end, thanks to the reprieve.

    They want the country to experience peace and harmony once again as soon as possible and at any cost.

    Unfortunately, they may now have to wait a little longer as their hopes were dashed when the Presidency, 48 hours after the offer, denied ever offering ‘amnesty’ to the sect.

    At an elaborate function at the International Conference Centre, Abuja tagged “A day with Young Leaders of Nigeria” to mark the nation’s Democracy Day, Minister of Youth Development, Boni Haruna had announced that the President had offered amnesty to the insurgents in order to bring the ongoing violent attacks to an end.

    He said: “President Goodluck Jonathan has also declared amnesty for members of the Boko Haram sect. Series of integration programmes have been lined up for the members of the sect who would surrender their arms and embrace peace.

    “Let me use this opportunity, on behalf of the Federal Government, to call on the members of the Boko Haram sect to embrace the government’s gesture and key into the amnesty programme.”

    The programme, where the amnesty was announced, was carried live on many television and radio stations.

    The President, who spoke after the Minister at the occasion, did not make any reference to the Minister’s remarks.

    Despite the offer of amnesty, the insurgents, as if rejecting it killed the Emir of Gwoza, Alhaji Idris Timta, in an ambush involving three traditional rulers in Borno State barely 24 hours after the offer was made.

    To probably save government’s ‘face’, the Presidency, after the fresh attack, denied ever offering ‘amnesty’ to the sect.

    The Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, 48 hours after the offer was made, said: “Let me refer you to the speech by the President. If you read the speech line by line, you will see that it contains the very message that the President wanted to put across and in that speech if you look at it, I don’t think the President used amnesty, instead he spoke about those who are willing to renounce terrorism, those who are willing to embrace peace, opportunities have been created for them through the fact-finding committee, through the Presidential Committee on Dialogue and Peaceful Resolutions of Conflict in the Northeastern part of Nigeria.

    “So, I will refer you basically to the speech by the President.”

    Some online responses to the latest development maintained that it was another incompetency on the part of the government.

    Also some political analysts believed that if the minister had erred about the offer of amnesty and the President in error of omission also forgot to correct the minister at the event, government’s response, they say, should have come as soon as possible the same day and shouldn’t have waited for 48 hours to elapse.

    There are still some Nigerians who believed that what played out was aimed at testing the waters in order to find out if the sect will actually lay down their arms and embrace the amnesty.

    This category of Nigerians believes the development could be part of a grand plan to find lasting solution to the crisis.

    Apart from the sect’s killing of the Emir after the offer of amnesty, other attacks have taken place in the country, including the killing of about 40 Nigerians when the sect bombed a football viewing centre in Mubi, Adamawa State on Sunday last week.

    On the same day, suspected members of the Boko Haram burnt down many houses, shops and two churches in Gwoshe town in Gwoza.

    Some lives were also lost on Monday last week as the terrorists attacked church worshippers in Attagara Village in Borno State.

    With all these latest attacks, some observers believe the sect may not really be interested in accepting the offer for peace to reign but are rather bent on causing more havoc in a bid to bring the country to its knees.

    If the aim of the insurgents is to destroy Nigeria, many Nigerians are definitely in full support of President Jonathan’s directive to the security agencies to apply maximum force within the law to crush its members.

    But everything must first be done to truly know the motives of the insurgents.

  • Court dismisses transporter’s motion

    AN ikeja High Court has dismissed an application challenging its jurisdiction today.

    Chairman of Cross Country Limited Chief Bube Okorodudu for an alleged N82.8 million theft charge.

    Justice Lateef Lawal-Akapo, in his ruling on the preliminary notice of objection filed by the transporter, dismissed it for lack of merit.

    Justice Lateef-Akapo held that the court had the jurisdiction to entertain the matter and that the charge against the defendants was competent.

    The trial judge further held that the Economic and Financial Crimes Commission (EFCC) had the power to prosecute criminal proceedings at the Lagos State High Court with or without a fiat from the state’s attorney-general.

    The trial judge consequently adjourned the matter to June 27, 2014 for their arraignment.

    The defendants are facing an eight-count charge of conspiracy, stealing, forgery and altering.

    The EFCC alleged that they stole the money through the fraudulent sale of 17 units of Volkswagen transporter buses belonging to AG Moeller Limited and Mr Adeloye Olukemi.

    Their counsel, Chief Robert Clarke (SAN) and Chief Ladi Williams (SAN), had argued that the EFCC lacked the power to prosecute them before a state high court.

    They maintained that the EFCC needed to obtain a fiat from the state’s attorney-general before they could prosecute the defendants for the alleged offences.

    Responding, the EFCC counsel, Mr Rotimi Oyedepo, urged the court to dismiss both applications and order the defendants to take their pleas.

    Oyedepo said the Court of Appeal, in the case of Erastus Akingbola and Federal Republic of Nigeria, had held that the EFCC had the power to prosecute cases at state high courts

  • Ayim, Okorocha, Akpabio, Imoke to get NBA awards

    Ayim, Okorocha, Akpabio, Imoke to get NBA awards

    Former National Financial Secretary of the Nigerian Bar Association (NBA) and Chairman, Eastern Bar Forum (EBF) Seminar and Award Night Committee, Mr. Marc Enamhe, said the forum would honour some of its prominent leaders  because they have contributed significantly to the development of the country.

    The award, which would hold at the forum’s seminar and awards night, is slated for  June 13. It will hold at Newton Hotel  Owerri, Imo State. The topic of the seminar is “Whither Nigeria”  and the keynote speaker is the former President of the NBA  Olisa Agbakoba (SAN), while the Catholic Bishop of Abakaliki Diocese and Dr. Rev.  Fr.  Okweze Ode will present papers.

    Those to be  honoured include the Secretary to the Government of the Federation (SGF), Anyim Pius Anyim;  Chairman, Senate Committee on Ploice Affairs, Senator Polycarp Igwe Nwagu;  Imo State governor, Owelle Rochas Anayoterparts,  Seriake Dickson, Godswill Akpabio and Liyel Imoke. .

    Others are former governor of Anambra State, Peter Obi; Justice Kate Abiri;  Chief Kanu Agabi (SAN);  Chief Tony Mogbo (SAN); Chief Mike Ikenna Ahamba (SAN); OCJ Okocha (SAN); Olisa Agbakoba (SAN);  Prof. Ernest Ojukwu; Bayelsa State Attorney-General and Commissioner for Justice,  Kemasuode Wodu, who is the immediate past chairman of the forum and Marc Enamhe.

    Two corporate bodies that have contributed to the development of the old Eastern Region, are to be honoured.  They are Innoson Industries  Nigeria Limited and  Moni Pulo  Limited.

    Those to be given posthumous awards are the late Justice Udo Udoma and the late Justice Chukwudifu Oputa.

    In a chat with The Nation, Enamhe said: “The time our committee submitted its report, Oputa (JSC) was still alive. We decided to honour him because he was an erudite Justice of the Supreme Court, a former Chief Judge of Imo State, and the Chairman of the famous Oputa panel.

    Justice Udo Udoma, according to him, was the first lawyer from the old Eastern Region to bag a PhD in law in the 40s.

    “He was appointed  the Chief Judge of the Federal Capital in Lagos. He was the Chairman of the Constituent Assembly  and a former Chief Judge of Uganda,” he said.

    He added: “We decided to honour Anyim Pius Anyim because of the stability of the Senate under him when he the Senate President. While OCJ Okocha (SAN) was one of the founding fathers of EBF.”

    Olisa Agbakoba (SAN)  and Prof.  Ernest Ojukwu, he said, are being honoured because of their policy of inclusion. “If not  for them the minorities would have left the EBF,” he said.