Category: Law

  • 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.

  • Law and transformation: NIALS forensic empiricism and legal pragmatism

    Law and transformation: NIALS forensic empiricism and legal pragmatism

    Text of the lecture delivered by Prof. Epiphany Azinge (SAN) on the eve of his bowing out of office as the Director-General of NIALS.

    NIALS have contributed to this process by producing two major books to guide the law makers. The first titled “Legislative Drafting and Transformative laws”5 is easily the most authoritative scholarly work on the subject. In addressing critical issues like Transformative legislation and public interest promotion, legislating for institutional transformation; legislative methodology in developing economies, policy legislation and national transformation towards transformation evidence-based legislation; legislative efficiency and democratic change, the book confronts all agents of transformation agenda with enough information for effective and transformative legislation.

    But over and above all, the book exhaustively examined Cost-Benefit Analysis of Legislation. It posits that there are no formal indications that a systematic cost benefit analysis is conducted by the legislature in Nigeria. It is argued that the well-farist tenets of the constitution, by implication, demands that a cost benefit analysis is conducted to determine if a legislative project is a sound one.

    The second NIALS book project that clearly endorses transformative laws is titled “Legislating for Good Governance”6. Issues like “Legislation and Economic Prosperity; Perspectives on Administration of Criminal Justice Bill

    For Nigeria, Good Governance and poverty reduction: The legislative Agenda “ Taxation Law and Good Governance; and Human Rights Legislations and Good Governance, are critically examined as ingredients for achieving good governance and national transformation.

    NIALS followed up with effective participation in public hearing in most of the bills that are tangentially relevant for the transformation process. Specific mention must be made of Electoral Act Amendment Bills. Same Sex marriage bills, terrorism prevention bills, Freedom of Information Bill, Discriminating Against Persons with Disability Bill, NDDC Appropriation Bill, Personal Income Tax (Amendment) Bill, Pension Reform Bill, National Minimum Wage (Amendment) Bill, Fiscal Responsibility Commission Bill, Nigerian Oil and Gas Industry Content Development Bill

    What this means is that legal scholarship in NIALS recognises the critical role of law as an instrument of national transformation and keys into that vision by diligently researching emerging areas of law, engaging in comparative studies and more importantly advising on cost-benefit analysis as it relates to legislative process.

    As is common knowledge, Legislative Drafting is NIALS major area of expertise. Drawing from the skills of its faculty, NIALS in the last five years have drafted the following bills in its effort to draw attention to bills that may well be considered as transformative. They are as follows: Compensation Of Victims Of Road Accident Bill, Enforcement Of Education Of Children And Young Persons Bill, Destitute Protection Bill, Rehabilitation Of Widows And Protection From Exploitative Cultural Practices Bill, Protection Of Employees From Unfair Treatment Bill, And Parental Rights And Child Control Bill

    From the perspective of doctrinaire research, NIALS have also impacted positively on the Law/Transformation correlation by the depth and breath of legal scholarship that have charted new course as far as jurisprudence is concerned and made original contribution to knowledge. The seminal works in question include: Competition Law and Policy in Nigeria, (2012),7 Deregulation: Law, Economics and Politics (2012)8, Intellectual Property And Development: Perspectives Of African Countries, (2013), Judicial Reform And Transformation In Nigeria, (2012)9, Freedom Of Information Law And Regulation In Nigeria, (2013)10, Plea Bargaining In Nigeria, (2012),11 Law Of Domestic Violence In Nigeria, (2012)12,

    Legal Regime Of Free Trade Zones, (2013)13, NIALS Dictionary Of African Customary Laws (2013)14, NIALS Journal Of Health Law And Policy, (2013)15, Corporate Governance And Responsibility, (2014)16, State Of Emergency In Nigeria: Law And Politics, (2013)17, Code Of Good Governance (2013)18, NIALS Supreme Court Review, 2011, 2012,2013,201419, Legal Empiricism and Writing Skills, (2014)20, Mutual Legal Assistance (2014)21, Nuclear Law, Policy And Regulation (2014)22, Annotation Of Evidence Act, (2014)23, Annotation Of Electoral Act (2014)24, Annotation Of Company And Allied Matters Act, (2014)25, Law Of Wars And Use Of Force (2014)26, Nigeria: A Century Of Constitutional Evolution 1914-2014, (2013),27 Money Laundering , Law And Policy (2014)28.

     

    Forensic empiricism: The nials approach

    Legal scholarships in the past five centuries have focused more on doctrinaire research and philosophical postulations. Jurists and legal scholars have never bothered to grapple with socio-legal research. This was generally considered the exclusive preserve of social scientist. The challenge for legal scholars is obvious lack of skilled expertise for analysis of data collated. This glaring deficiency has remained the major obstacle militating against the involvement of legal scholars in socio-legal research. In the last five years, NIALS through its strategic action plan made empirical studies the foundation of its research activities. The thesis is that NIALS cannot claim to be the apex institution for research in law and related discipline without adequate capacity to engage in socio-legal research. Furthermore as an Institute dedicated to policy formulation, it is indisputable that the integrity of NIALS research findings can only be anchored on empirical data flowing from socio legal research.

    Consequently, NIALS have perfected its socio-legal research and have progressed to build capacity of Research Fellows to the extent that most of them can conveniently be referred to as legal statisticians.

    What I propose to examine henceforth are specific socio-legal researches conducted by the Institute in the last five years. In this regard, emphasis will be on findings, deductions and impacts of such study. I also propose to highlight the emerging jurisprudence from forensic empiricism of NIALS socio-legal research and finally underscore NIALS major contribution to legal research in Nigeria and the new philosophy of Law inextricably intertwined with evidence-based research.

     

    Nigeria’s judicial performance evaluation 2008-201129

    This empirical study of judicial performance over a period of four years will go down in history as the most expansive and intricate socio-legal analysis ever conducted by the Institute. That we deployed over 30 Research Fellows to grapple with the project over a period of 3 years is a clear indication of the massive undertaking that confronted NIALS. Altogether NIALS produced 7 volume report each spanning 1,000 pages. Each state judiciary was analysis against the background of returns per year of each judge. The data collected per year covered the four quarters of the year and the analysis was compartmentalized between civil and criminal cases. This presented a summary of case distribution and disposal in all state High Court jurisdictions. With the support of charts and graphs, our legal statisticians presented a flawless, compelling and incontrovertible data on judicial performance in all courts of superior of record in Nigeria between 2008-2011. This research project was handed over to the incumbent Chief Justice of Nigeria in a well documented ceremony wherein she made her now famous statement that any judge that fails to deliver 4 judgments in a year will be shown the way out.

    This 7,000 pages project is now a reference point in evaluation of judicial performance in Nigeria and its impact on quick dispensation of justice in Nigeria cannot be overemphasised. Credit goes to NIALS philosophy and belief in forensic empiricism.

     

    Restatment of Customary Law30

    Nials research work on restatement of customary law of nigeria will go down in history as the most authoritative restatement exercise in africa. Indeed it has redefined the concept and nature of Customary Law Article 1-69 of the Restatement has provided an escape from proof of customary law.

    The project is a culmination of four years of massive research undertaking involving desk review; field research covering four geo-political zones in Nigeria, collation and analysis of field research findings; testing of field research findings in a stakeholders consultative conference, further desk review to fill in gaps in the literature, and the core restatement work by a select committee of reporters.

    The idea of a restatement is to identify common principles or trends in a particular area of law with the objective of unifying the further development of the law. It is not a codification of law although it reads like one. The project set out to establish the common law of Nigeria’s customary jurisprudence by identifying commonalities in customary practices in four thematic areas: Chieftaincy/Traditional Institutions; inheritance/succession; Land; and Marriage.

    The mandate of the committee of reporters in each of the thematic areas was to distil through a massive welter of research findings in the desk reviews and field work and identify what represented commonalities across the four geo-political zones in each of the thematic areas of the research.

    By and large, the restatement work represents a major contribution to legal scholarship in this area.

    It is also a testament of NIALS commitment to empirical socio legal research as a vehicle for enduring contribution to the development of law.

     

    Traditional administration of justice in Nigeria31

    Tangentially related to the field work on Restatement of customary law is the equally engaging interrogation of traditional administration of justice in Nigeria. This is another research undertaking that was designed to produce authoritative and empirical research findings that can be considered as flawless.

    Although the traditional justice system does not form part of the Nigerian legal system, it however continues to gain momentum in all parts of Nigeria in terms of traditional dispute resolution and resolution of conflict especially within the rural areas. The research undertakings by NIALS which was a field research was carried out throughout the country. It explored the laws administered in the traditional system, the courts and mechanisms in place for adjudication and enforcement. Also frequency of cases handled was explored as well as the time frame in which disputes are resolved in the traditional justice system.

    The project identifies the high merits as well as the shortcomings of the traditional justice system. It recommends among others that the traditional justice system be streamlined into the Nigerian legal system by the means of legislation as is done in some African countries.

     

    Political financing and expenditure ceiling for 2011 election32

    An aspect of the electoral process which is crucial and an area of likely violation or manipulation is the aspect of political financing and election expenditure. This spans the whole gamut from fund raising to the expenditure returns political parties are expected to make to the electoral body before and after an election.

    Conscious of this and determined to strengthen the Nigerian Democratic process for sustainable growth and development , NIALS embarked on a research for stocktaking of the 2011 election – the research project was preceded by a literature review designed to do a comparative analysis of other jurisdictions which will give insight into what transpires in those jurisdictions. The jurisdictions examined include United States of America, United Kingdom, Canada and Ghana. The field research work covered FCT(Abuja) North-Central, Plateau North Central, Borno Maiduguri, North- East, Kebbi (Birni Kebbi) North West, Lagos -South West, Enugu South West; and Rivers South South.

    The research work did not only look at the expenditure from the point of view of stakeholders, it also looked at it from the vintage point of the electorate on their opinion about how much was spent during the 2011 elections, some quoted figures ranging from millions to over a trillion. Others were of the opinion that it is difficult to estimate due to lack proper accounting by political parties and candidates.

    Generally there was a consensus that political financing poses a danger of long term systematic corruption, undermines accountability and hinders the democratic process. Unregulated political money can influence the results of running for an office and can make political parties or candidates to accept money from unacceptable sources.

     

    The role of costs and adjournments in expeditious dispensation of justice33

    In our attempt to address delay in administration of justice, NIALS initiated a research project on the effect of award of costs and unnecessary adjournments in the expeditious dispensation of justice in the Nigerian Courts. Our methodology was to determine whether there was indeed a visible link between routine grant of adjournments and non deterrent cost awards on one hand and the slow disposal of cases in the Nigerian courts on the other. If yes, would a punitive cost system be the long awaited solution?

  • Lagos NBA  faults election guidelines

    Lagos NBA faults election guidelines

    •Branch demands implementation of Odogiyan report

    Barely a month to the delegates’ conference of the Nigerian Bar Association (NBA), members of the NBA, Lagos branch,  have  faulted  the election guidelines released by the Electoral Committee. The guidelines, they  said, are fraught with irregularities that imperil the wishes of the electorate.

    Following a lengthy debate arising from a motion by an octogenarian lawyer, Pa Tunji Gomez, and seconded by former NBA General Secretary Afro Fayokun, members of the branch unanimously rejected stipulations in the guidelines requesting branches to submit bank tellers “as evidence of payment of annual practicing fee as at  April 1, 2014.”

    The electoral committee, headed  by Mr. Okey Amaechi (SAN), had directed that  “all registered branches shall attach to their delegates’ lists receipts or bank tellers showing evidence of payment of annual practicing fees and other  branch dues and levies by their delegates as at April 1, 2014, by the delegates as well as  all such members that qualified (sic) any Branch for additional delegates under Article 7 (e) of the Constitution.”

    The guidelines also banned pasting of posters, billboards, hand bills “or any form of campaign materials whatsoever” as well as campaign tours and visits by candidates and their agents.

    Many lawyers have criticised them as containing too many “decrees.”

    The NBA NEC had at its meeting in Abuja resolved that the Delegates’ Election will hold on 14 and 15 of next month in Abuja.

    In a resolution signed by Lagos branch chairman, Alex Muoka, and Publicity Secretary Abdulrasheed Ibrahim, such requirement is unnecessary “as full and detailed information of all lawyers and all branch members who have paid practising fee as at March 13, 2014 is already in the custody of the NBA national secretariat”

    The members are piqued by the requirement which mandated every NBA registered branch to submit receipts as evidence of payment of branch dues and levies as at  April 1st, 2014.

    The requirement, they said, is not only “unconstitutional” as it is not contained in NBA Constitution 2009, but a ploy to “disenfranchise branches and voters.”

    The branch also took a swipe at the emergence of some new branches during the election period, warning that “no branch inaugurated in 2014 shall be allowed to send delegates to vote at the 2014 NBA Elections.”

    They are worried that the guidelines concerning the publication of the Delegates’ Register will touch on the integrity of the electoral process and jeopardise credible elections.

    They then resolved that not only should evidence of payment of practicing fee be published and made available to branches and the Electoral Committee, “the entire list of qualified voters (should) be published by the Electoral Committee at least a week before the date of the election.”

    To ensure credible  elections and  that the wishes of the electorate are not truncated, the members insisted that “independent auditors be engaged to conduct the elections.”

    They also demanded “immediate implementation” of the report of the Prince Lanke Odogiyan Election Review Committee which had been adopted by the NBA National Executive Committee (NEC). Odogiyan was the chairman of the Electoral Committee that conducted the highly controversial 2012 NBA Elections .

    The report, which was signed by Lanke odogiyan and Lady  Debbbie Obodoukwu, chairman and Secretary respectively  stated that:

    “For future purpose, we must re-visit  our  electoral process. The areas to be looked into include the following:

    “The first issue we must address is that of a very important stage in the election process. That is the compilation of the Delegates’ List. The list of delegates from the branches should be in duplicate, one copy should be submitted to the Electoral Committee, while the second is sent to the NBA Secretariat. The compilation of the list should be the responsibility of the Electoral Committee.

    “The Committee itself should always be made up of members with high sense of the integrity and honour,  who cannot be compromised. Our elections must not only be free and fair, they must be seen to be transparent, free and fair. To achieve that, the process leading to the elections must be seen to be transparent.

    “The way our campaigns are conducted and the role of money in our electioneering process, must be urgently discussed and addressed. The situation is intolerable, embarrassing and unacceptable. Elections into key offices in the NBA have become highly monetized and scandalously expensive. The truth must be told and we must face it. We cannot continue this way. We must courageously address the problems and find solutions to them.

    “Another issue is that of the Regional Fora. They must be re-visited and properly structured. They must function, if they must continue to exist and function, as Regional, not tribal bodies. As where you practice determines your branch, your branch should determine your Zonal Forum, not your place of birth. These bodies are degenerating seriously to tribal bodies. We must arrest the drift .

    “We recommend that for future elections, non-NBA staff should be used not only for accreditation, but also for the elections, to ensure that no manipulation can occur.

    “Also, we need to look seriously at our voting procedure. We need to improve on the present process. Can’t we vote electronically? Can’t we decentralize our voting to the States-level even without States bars? The abuses of the present delegates system must be looked into and solutions preferred.

    “Finally, we must look at our National Offices and National Officers. There must be a Body of National Officers which must meet periodically, but at least once in a quarter. We must look at the manner of electing our President. Why can’t our President emerge the way it is in a number of other professional bodies? The Vice Presidency should be the entry point, from which one would move up and eventually become the President. That way, we would have known our would be President. We would have tested them and know whether they can be trusted. Such Presidents-to-be would also have had the opportunity to understudy the office, know what is involved and what is required. The pressure that we have at the moment on the election of the President would be diffused.

    “In conclusion, we recommend that the incoming Executive should as a matter of urgency set up an Electoral Review Committee, among others, to thoroughly examine our elections, processes  and make recommendations for its over-hauling.

    “These should become part of the amendments to be carried out to the NBA Constitution, the NBA needs complete overhauling. The NBA cannot be the watch dog of the society without watching itself. The watch man must now be watched, lest we become hypocrites.”

  • Between Femi Fani-Kayode and Labaran Maku

    Between Femi Fani-Kayode and Labaran Maku

    Because we love the unreal and hate the truth, we appear incapable of holding a meaningful dialogue -Emeka Odumegwu-Ojukwu.

    The above quote from Dim Chukwukwuemeka Odumegwu Ojukwu’s famous book – ‘Because I am Involved’, came to my  mind after I read the vituperations of the Minister of Information, Mr. Labaran Maku, insinuating that the opposition party is responsible for the Boko Haram’s insurgency that is threatening a large swath of our country. Interestingly, Maku’s assertion is glaringly contradictory to the averments of President Goodluck Jonathan and the Chief of Defense Staff, Air Chief Marshall Alex Bada, that what we locally refer to as Boko Haram, has become a West African version of Al-Qaeda.  While I was ruminating on Mr. Maku’s thesis, it also served as a fitting assessment, after I managed to rouse myself, to read Femi Fani-Kayode’s recent ‘dirge for Nigeria’, or if you are excitable, ‘ode on Oduduwa’.

    But for hindsight, many can mistake Fani-Kayode’s Oduduwa as one of those several damsels, he likes to boast about having had an amorous relationship with; but who against fairness, equity and good conscience, has been snatched from him, making him to contemplate suicide. On realizing that Femi was romanticizing about an Oduduwa Republic, Balkanized from our present day Nigeria, the late Biafran Warlord, Eze-Igbo Gburugburu Emeka Odumegwu-Ojukwu’s further insightful words in that book, again came to my mind. Where he said: “The true problem with Nigeria is that she is fully embroiled in an identity crisis. The effect of the shibboleth called dichotomy is so very well-known that it has become a cancer in our body politic. Because we have found no cure, and because we do not even seek a cure, it continues to spread thereby enhancing its virulence. Today, when we look at Nigeria – no matter from whatever direction, no matter the focus of our perspective, everything which we see bears the frightful aspect of a dichotomy”.

    That dichotomy must also have informed Maku’s odoriferous assertion against the main opposition party, the All Progressive Congress (APC) with regards to the Boko Haram’s insurgency. According to Maku, “The entire money we are spending is to maintain security in states controlled by that party…. Ninety per cent of all insurgency is in states controlled by that party…. We did not create this insurgency or the structure that led to it. You know where they came from but you are now blaming the fire fighter for the fire”.  Conversely, the man who should know better, the Chief of Defense Staff, Air Chief Marshal Alex Badeh said: “We are fighting more than Boko Haram. We are no longer fighting Boko Haram but Al-Qaeda in North and West Africa. Al-Qaeda is formidable, but we will defeat them”. In his last Democracy Day anniversary speech, President Jonathan even acknowledged: “For our citizens who have joined hands with Al-Qaeda and international terrorists in the misguided belief that violence can possibly solve their problems, our door remain open for dialogue and reconciliation, if they renounce terrorism and embrace peace.”

    So Labran Maku was on a reckless frolic, when he turned the serious matter of national insecurity, for which many Nigerians have paid the supreme price, into a political gimmick. Maku ridicules his office, and the authority of the federal ministry of information, when he summons the media to play politics with the crisis that has rendered the North, particularly the north-eastern part of Nigeria, a war zone. While it is correct to assert that the seeds that germinated into the current crisis were laid long ago, it is silly for the Minister to lay it at the door step of the opposition party, simply because some political actors from the zone are in the opposition party. It is even more disheartening that the Minister called the press conference to make light, the national trauma, over the 200 school girls kidnapped from Chibok.

    On his part, it can be said that Femi Fani-Kayode was on a foolish frolic, when he wrote “Give Me Oduduwa or Let Me Die”. A notable missing point in the work is the absence of an addressee, to whom the demand or plea was made to? I have since been wondering whether Mr. Fani-Kayode took the request to President Jonathan, when he recently visited Aso Rock, after his lost love with the opposition party, or is it possible that he penned it after the visit. I recall that after the recent visit to the President of the country, he now desperately wants Balkanized, the former Minister for Aviation, came out to declare his unyielding love for the beautiful people in Aso Rock. Could it be that the beautiful people in Aso Rock have failed to extend the beautiful things of the present government to him, making him to realize like Ayi Kwei Armah that “The Beautiful Ones Are Not Yet Born”?

    Again, I have been unable to glean from Femi’s work why he would rather wish to be allowed to die, if he is not granted his heart’s desire. Ordinarily, I would have thought that the irrepressible Femi, who attacked ferociously any person that disagreed with his then principal, former President Olusegun Obasanjo, would simply have threatened, “Give Me Oduduwa or I will Fight to Death”. If he had written that, some would have said, yes, this is true to character, even when many would have dismissed him, as an attention seeker, albeit a brilliant one. No doubt, Minister Labaran Maku and former Minister Femi Fani-Kayode, are great polemics, who have exploited that gift to great personal advantages. Unfortunately, it appears they don’t give a damn, how that affects the polity, as long as they gain attention.

  • Charting way forward for Lagos justice sector

    Charting way forward for Lagos justice sector

    Stakeholders have met in Lagos to evolve an action plan for the Lagos State judiciary as applicable in most developed justice systems, reports ADEBISI ONANUGA

    Stakeholders have explored ways to improve justice delivery, especially in the criminal justice sector.

    They met in Lekki, Lagos to brainstorm and develop a reform action plan.

    At the three-day workshop were participants from the ministries of justice, the Police, the Prisons, High Court judges, magistrates, National Human Rights Commission representatives and non- governmental organisations.

    The workshop was funded by the United Nations (UN), through the Office on Drugs and Crimes (UNODC) in collaboration with  the European Union (EU) and the Federal Government under a project code-named  NGA/S08: ”Support to the Economic and Financial Crimes Commission (EFCC) and the Nigerian Judiciary”.

    A document, “State Judiciary Plan of Action for Strengthening Justice Sector Integrity and Capacity 2008-2010” was the platform for the activities of participants at the workshop that took place between May 19 and May 22. Participants were divided into four working groups according to thematic areas, which  included “coordination between justice sector Institutions; enhancing training, research and operational capacity in justice delivery; enhancing access to justice and respect for human rights and strengthening the accountability, integrity, oversight and independence of criminal justice institution”.

    Participants considered the various challenges faced in the administration of the justice system and achieving effective and efficient justice system in the state, particularly as they affect activities and role of the police, lawyers, the ministries of Justice, the prison authority, the non governmental organisations (NGOs) since the initial action plan of 2008 and 2010 came into being. They proffered probable solutions and finally developed a new action plan for justice sector reforms in Lagos State.

    A time frame for the implementation of some aspects of the new plan was also set to start in August, this year, while January next year was set for those that would require budgetary allocations. Since Lagos is believed to be far ahead of other states in justice sector reform, the workshop also considered the landmark achievement Lagos has recorded in the various reforms it had carried out in the sector so far and how such could perculate to other states of the federation.

    Project coordinator, Justice Sector Reform, United Nations Office on Drugs and Crimes (UNODC), Mr. Ade Omofade, pointed out that Lagos was chosen as pilot state because it has consistently blazed the  trail in implementing judicial  reforms.

    He disclosed that the organisation would be embarking on the review and update of the action plan in nine other states of the country. He listed those states as Anambra; Bayelsa; Benue; Cross Rivers; Imo; Osun; Katsina; Yobe and  the Federal Capital Territory (FCT), Abuja.

    He said the project was initiated with a view to supporting national priorities of effective coordination and cooperation among justice sector institutions, with enhanced legal and policy frameworks as well as enhancing operational structures and capabilities  in the sector and increase access to justice, respect for human rights and the rule of law, especially for disadvantaged and vulnerable groups.

    Omofade enunciated that the project is first taking off  in Lagos in order to further enhance the practice of encouraging a strategic and sustainable approach towards the justice system reform across the states, adding that it was done as a necessary means of enhancing good governance, respect for human rights and the rule of law.

    Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, who declared the workshop open, said the state features a justice system that encourages compliance with the rule of law, aids effective governance and improves the lives of residents.

    “Aside from our traditional strongholds of civil and criminal procedure reforms, improved case management facilitation, criminal justice sector coordination, provision of free mediation services to the public and others, the state is planning.

    Ipaye said the state is mindful, as a pilot state, of the need to get it right so that others can benefit from the models established.

    He assured stakeholders of the state’s willingness to abide with the recommendations reached at the end of the  workshop, stating that the state has been in the forefront of justice sector reforms, which have invariably  percolated to other states across the country.

    The commissioner, however, recognised the need for linkages with renowned training institutions all over the world through partnership, staff exchange programmes and virtual exchange fora to faciliate peer learning and fast track developmental reforms especially  in the area of forensic examination as well as state counsel on a very strong conusmer protection agency to safeguard consumers.

    The review and update of the action plan, according to him,  is particularly  timely in linking with existing efforts and activities of the state government  in the protection of the rights of the most vulnerable  and disadvantaged.

    The Chief Judge of Lagos State, Justice Ayotunde Phillips, represented by Justice Toyin Ipaye, who chaired the opening session, canvassed  for more actions on the parts of stakeholders to sustain the reforms already introduced and the new ones coming into the sector.

    The state, she said, is poised to  tackle all issues causing bottlenecks in the justice sector frontally with a view to finding solutions to them and improved justice delivery in the state.

    At the end of the workshop, National Technical Adviser,  Justice Sector Reforms, UNODC,  Mrs.  Ugonna Ezekwem, in a chat with The Nation said contributions were of better quality with the Lagos workshop than what obtained in other states that the workshop had held. “We have done action planning in Osun and Yobe States. It is   better structured here, the contributions were like things that can be done. We have a very successful workshop and a very good action plan has come up,” she said.  Ezekwem, however, admitted that the kind of stakeholders that attended the workshop made a difference.  “Although, generally, it is the kind of stakeholders that we normally invite, all over the place we go,” she said.

    Ezekwem said it was the first time the UNODC was involving the media as participants in the workshop for the action plan. “In other places, we invite the media for the opening session, they come, and they go away.  But this time, they participated; they came in the aspect of the court users to represent the views of the people, who actually are not in justice sector, professionals, who use the court.  On how they would ensure effective implementation of the plan that was developed, Ezekwem said what her organisation intended to do was to engage the reform committee of Lagos State and ensure that they follow up implementation.

    “On our own part, for the life time of our project, we try as much as possible to implement what can be done within the ambit of our project because it is not everything there that we can do as well as supporting and advocating with the powers that be – the leadership, to ensure that they sustain the reforms and  put it in the state budgets and begin to follow up and implement them,” she said.

    Assessing the workshop, Director, Public Prosecution (DPP) and Coordinator Action Plans for Justice Sector Reforms in Lagos State, Mrs. Idowu Alakija, noted in the course  of the workshop, that the directorate faces a lot of challenges, particularly with the police whenever cases are to be prosecuted.

    “We found out that maybe we don’t have the case file; with prisons, we found out that when we are in court, we are looking for the defendants- the defendants don’t come to court. And with the Judiciary- the judiciary is divided into many parts: we have the judges, we have the magistrates, we have  the customary court. There are challenges every where and we have been able to deal with every sector. Even the Ministry of Justice has challenges as well. All these were put on the table. We were able to deliberate on all these stakeholders’ problems and we have come out with an action plan for solving them and improving the justice system,” she said.

    Explaining the challenges in the Justice Ministry and the  plans for resolving them, she said they have created new units to aid their activities.

    “In the Ministry of Justice and in the Prosecution Department, we are divided into two. We have the advisory section and we have the court going section, which are in small units. In the advisory, we have a problem before like the Police not sending the files in time. Generally, the public used to complain that the advices are not coming out in time. But thinking that the basic problem is with the office of the prosecution, but sincerely it is not,” she said.

    She continued: “But now we have been able to adopt a system whereby people who are in the Advisory Unit don’t go to court. So, that way, advice is coming out faster and in this workshop, we identified that. And for the court going, the people who are going to court, they don’t do advice. They concentrate on courts. So, the challenges are whether they have witnesses or not, are the cases moving forward, did they bring the defendant to court?

    “On the issue of witnesses, we also have a unit called Witness Support Unit. They make sure nobody says they can’t find the witnesses. They look for the witnesses, counsel them and make sure they come to court. On the issue of the defendants being brought to court, we deliberated extensively on that  and we were able to identify the loopholes and necessary action plan.”

    To ensure that the mechanism being put in place are judiciously followed and implemented, Mrs. Alakija disclosed that there are partners willing to assist the ministry with the challenges so identified.

    “The basic thing is that we have been able to identify areas that we feel are our priority areas. So, with the support of our partners, we have been able to move forward because they are ready to partner with us with a view to eradicating all the challenges we are having,” she said.

     

  • EBF adopts candidates for NBA elections

    EBF adopts candidates for NBA elections

    The Eastern Bar Forum (EBF) has adopted candidates for next month’s Nigerian Bar Association (NB A)  election to be held between July  14 and 15 in Abuja.

    The group’s governing council met in Aba, Abia State at the weekend.

    Osas Erhabor, Chief Niyi Akintola (SAN), Funke Adekoya (SAN), Augustine Alegeh (SAN) and Dele Adesina (SAN) who are presidential candidates, addressed the meeting.

    Two offices are open for EBF members – those of the Third Vice-President and General Secretary.

    Those running for Third Vice-President are Mr. XYZ Olando, Lawrence Nwakaeti and Andrew Ashon.

    Former Abuja Branch Chairman, Mazi Afam Osigwe, Mrs. Joyce Oduah and Mr. Bath. Aniche–Okoye are vying for General Secretary.

    After the deliberations, Ashon and Osigwe were adopted as the forum’s candidates.

    Others adopted are Mr. Francis Ekwere (First –Vice President), Afam Obi (Second Vice-President), C.C. Onwuzuluike (Legal Adviser), Unachukwu John Austin (Publicity Secretary), Kelvin Ejelonu (Financial Secretary), U.F.O. Nnaemeka (First Assistant Secretary) and Cecelia Ogbuji  (Assistant Financial Secetary).

    NBA President Okey Wali (SAN) urged the  candidates to play by the rules and avoid politics of calumny and mudslinging.

    “We have achieved much, we have done much and we must  do nothing to endanger what we have achieved. Those endorsed should embrace their colleagues. Those who did not get the endorsement this time around should wait for next time.

    “It is not a do or die affair, if you don’t get it now, you will get it the next time,” Wali said.

    EBF, however, did not adopt any of the Presidential candidates because it is zoned to the Southwest.  It urged the forum adopt a candidate and inform other regional fora.

     

     

  • Man, 36, freed of murder

    An Ikeja High Court has freed a 36-year-old motorcycle repairer, Saliu Abara, of the murder of Abdul Salami.

    Justice Adeniyi Onigbanjo  freed him listening to the submissions of the prosecution led by Mr. O. Oke and his defence counterpart led by Mr. Ahmed Adetola-Kazeem.

    The Prisoners’ Rights Advocacy Initiative (PRAI), through its counsel, Adetola-Kazeem, filed a fundamental human rights suit, claiming N50million on behalf of the defendant after five years in prison without trial.

    Consequent upon the suit, the Lagos State government proceeded to charge the defendant to court for the alleged murder of Salami.

    The state alleged that the defendant, on February 18, 2007 murdered Salami at 69, Boyle Street, Ajangbadi, Lagos.

    The offence was said to be contrary to Section 319(1) of the Criminal Code Law, Cap C. 17 Volume 2, Laws of Lagos State 2003.

    After two years of trial, the court discharged and acquited Salami on the ground that he killed his victim in self defence.

    Justice Onigbanjo held that whatever he did that caused the death of Salami was in self dfefence.

    “In this case, I am prepared, in view of the foregoing and circumstances of this case, to give the defendant benefit of the doubt and hold that whatever he did against the deceased leading to the deceased’s death on the day in question was done in self defence”.

    To reinforce his judgement on the matter, Justice Onigbanjo cited a case, Henry Nwokearu versus the State 2013 LPELR Supreme Court 227/2011, decided by the Supreme Court of Nigeria that was predicated on self defence.

    He said the apex court explained the defence of self defence as follows: “It is quite clear that self defence is a special plea where a man admits that he did delivered the blows; he says they were delivered because the other man attacked him first and if there is no cruel excess, or anything of that type, then it becomes exculpation”.

    “In that wise and bearing in mind the established fact of the fracas between the defendant and the deceased over money owed to the defendant by the deceased, which unfortunately led to the deceased’s death on the day in question, I think the  defendant is entitled to the defence of self defence, pursuant to the provisions of Sections  285, 286, 287 of the Criminal Code and thus to an acquital of the offence of murder as charged.

    “From the foregoing facts and observations, I think that the court has a duty in the circumstances to avail the defendant the benefit of any defence  available to him under the law even such is not urged on the court by the defence,” the trial judge held.

    Referring to the account of event that led to the death of the deceased as related by the defence and not disputed by the prosecution, Justice Onigbanjo held that his observation of the matter showed that the defendant’s resultant attitude “are not consistent with the mindset of a person setting out with the intention of killing or causing grievous bodily harm to someone else, but rather more consistent with the defendant’s narration of events leading to a scuffle over money …which unfortunately led to the death of the deceased”.

    Justice Onigbanjo also held that the position of the prosecution in the matter became weaker because there was no forensic or medical evidence of the cause of death of the deceased thereby leaving the court with no option than to give the defendant the benefit of doubt as to what actually happened inside the room of the deceased that eventually led to his death.

    Although he held that the deceased died as a result of direct or indirect consequence of the defendant’s act, he said the defendant has not been proved to have intended the death of the deceased.

  • Law and transformation: NIALS forensic empiricism and legal pragmatism

    Law and transformation: NIALS forensic empiricism and legal pragmatism

    Text of the lecture delivered by Prof. Epiphany Azinge (SAN) on the eve of his bowing out of office as the Director-General of  NIALS. 

    In exactly 96 hours from today, I will be vacating my position as Director- General of the Nigerian Institute of Advanced Legal Studies. Under my watch, many lectures series have been established and they have provided platform for robust scholarly engagement. Ironically, I have been unable to utilise the platform to articulate my thoughts on critical issues which have characterised my leadership of the Institute. The state of the iInstitute Lecture is therefore the latest addition to NIALS Lecture Series. It is a platform for me as an outgoing Director-General to highlight clear-cut legal methodology that emerged in researches conducted under my watch. The essence of the Lecture therefore is to locate it against the backdrop of findings of sociological researches by the Institute and their relevance to the transformation of our system. This is keeping in mind that my tenure as Director-General coincided with the emergence of President Goodluck Jonathan whose policy thrust is anchored on the mantra of transformation agenda. The State of the Institute Lecture is therefore not a mere presentation of the scorecard of the Institute under my watch. It is an intellectual exercise that finds expression in pragmatic scholarship that is supported by empirical research as opposed to mere doctrinaire postulation.  The lecture titled “ Law and transformation: NIALS forensic empiricism and legal pragmatism”  is an attempt to chronicle new frontiers of legal scholarship that has since emerged from the institute,  this includes theories, principles, doctrines and  jurisprudential postulations. It is also an opportunity to assess the impact of strategic vision of the institute under my watch. Here we will evaluate the impact of our roundtables and communiqués flowing there from; our policy dialogues, public lectures and conversations; relevance of our leading peer reviewed specialised journals and book publications; our innovative programmes for aspiring judges and public policy analysis and experts; modified programmes for paralegal officers in our continuing legal education: our PhD programme in Legislative Drafting; our agenda setting programme and draft of bills to address critical sectors of our national life, ranking of law faculties; conferment of Fellowships and admission into NIALS Hall of Fame, community service that finds expression in Public Service Award and support to secondary Institutions, establishment of endowment of Professorial Chairs and more significantly, the integrity of being acknowledged as Nigeria’s law abode. The thrust of my Lecture is to posit that NIALS has successfully influenced the future of legal scholarship and this is manifestly evident from distillations from scholarly contributions from NIALS. This is predicated on the premise of NIALS’ intimidating faculty and their contribution to legal scholarship in the last five years.

    I shall therefore proceed to examine all the issues highlighted and make a strong case for recognition and appreciation of NIALS overwhelming contribution to the growth and development of legal scholarship in the last five years.

    Conceptual framework and terminological clarification

    This paper will interrogate exhaustively the law and social change correlation. Here the emphasis will be on how well NIALS has used legal research and legal scholarship generally as an instrument of social change. Also the fundamental question will be; has the totality of academic scholarship in NIALS in the years under review been predicated or premised on the notion that the critical essence of law is to impact positively on society? And if the answer to this is in the affirmative, this lecture will seek to confirm if this objective was undoubtedly achieved.As earlier indicated, it is crucial to examine how legal scholarship in NIALS has been shaped by the transformation agenda of government. Here, argument will be made to understand the point that if law is a veritable instrument of social change or social engineering, then by parity of reasoning, law should be viewed as a critical vehicle for transformation.

    This paper posits that indeed law is the most fundamental aspect of the transformation agenda. This is the vision that propelled legal scholarship in NIALS under my watch and again it is to be confirmed whether or not this objective was fully realised.

    The law-in-context proposition is also an integral part of the conceptual frame work of this paper. Scholars in NIALS are of the firm view that law is meaningless unless it is situated within the backdrop of circumstances contextually applicable at a given time. Consequently, scholarly exposition and researches have been anchored on this conceptual framework. The major philosophical underpinning of legal research in NIALS in the last five years however is the warm embrace of empirical studies. Thus side by side with doctrinaire scholarly expositions, NIALS has come to perfect the methodology for socio-legal research and has not just built sufficient expertise in forensic empiricism but groomed a crop of legal statisticians.

    Tangentially related to this is the recognition of legal pragmatism as the hallmark of contemporary legal scholarship. Students of jurisprudence, indeed disciples of Ronald Dworkin will readily appreciate the deep and penetrating perspective that confers pre-eminence to legal pragmatism over and above conventionalism for as Dworkin posited “ pragmatism tell a more promising story . It points out that strategies for pursuing the general interest that seems obvious in our generation will come to be questioned in another, and so will be changed naturally, from within the judicial process, not outside it.”

    In developing some existing postulates in jurisprudence, what NIALS has successfully achieved is ingeniously charting new frontiers and articulating new principles of law that hitherto were never sufficiently interrogated by legal philosophers. That is to the credit of NIALS faculty. I will now proceed to specifically examine issues raised in the conceptual framework

    Law and transformation

    In the early seventies, Prof. Teslim Olawole Elias produced two masterly books in quick succession. The first, Law and Social Change in Nigeria remains one of his best seminal works while the second, Law in a developing society is till date a classic in all ramification of that expression. The two books essentially addressed the role of law in transforming society. They are relevant to the transformation agenda today as they were in the seventies when Nigeria was going through the process of rehabilitation shortly after the civil war.

    Going forward, it is crucial to address the legislative process that translates to statutory enactment. In this regard, attention must be given to policy issues as the foundation for lawmaking. It is not in dispute that since the emergence of President Jonathan, the National Assembly has passed many bills that are undoubtedly transformative.

  • Okada riders sue Lagos for N1b over ‘illegal’ arrest

    Operators of commercial  motorcycle, popularly called  okada, have sued  the Lagos State Government for N1 billion at a Federal High Court.

    They filed a fundamental human rights suit last week against the state  claiming the amount as damages for alleged illegal arrests, detention of their members,  illegal confiscation and forfeiture of their motorcycles without due process.

    The operators, under the aegis of All Nigerians Automobile Commercial Owners and Workers Association (ANACOWA), through their counsel, Wakeel Liadi,  are praying the court to declare among others, “that the arrest and detention of okada riders on unprohibited routes is illegal, unlawful and a gross violation of their fundamental rights”.

    They are also seeking a declaration that the Task Force cannot arrest, detain and seize their motorcycles being vehicles not abandoned on the streets.

    Joined in the suit, no FHC/L/ CS/ 756/2014, is the Attorney-General of Lagos State, Chairman of Lagos Task Force, Commissioner of Police, Attorney-General of Federation and the National Assembly of Nigeria.

    In the supporting affidavit, the riders claimed that the state government has infringed on their fundamental rights.

    They listed such rights to include right to freedom of movement, dignity of human person, personal liberty, right to own movable properties, right to defence and right to receive information.

    Not challenging the legality or otherwise of the state Road Traffic Law 2012, the okada riders claim that the Task Force has made it a routine in arresting them on streets and routes not prohibited by law.

    They also claimed that over 7,000 okada seized have been impounded and forfeited to the state without first obtaining court orders to do so.

    According to them, the state government cannot be a judge in its own case.

    No date has been fixed for the hearing.

  • Lawyer presents book on mortgage law

    Lawyer presents book on mortgage law

    To bridge knowledge gap in banking law and legal aspects of mortgages, a lawyer, Pat Anyadubalu has launched the book:  Banking Law and Mortgages in Nigeria.

    Anyadubalu said he wrote the book due to the absence of a banking law book written by a core legal practitioner. He said most of the books available on the subject were written by academics, who do not write for the laymen.

    He said: “The book is out to sensitise the government to encourage private mortgage, where property owners would look at issues of rent in which its constant payment should be able to equal to mortgage.”

    At the presentation in Lagos were House of Representatives Speaker Aminu Tambuwal, represented by Dayo Bush-Alebiosu, Chief Judge of Anambra State, Justice Peter Umeadi, and Senator Chris Ngige.

    Others are House of Reps Deputy Chairman on Information, Hon. Afam Ogene, who chaired the event, former governor of Enugu State, Dr. Okwesilieze Nwodo, represented by Mr. Ben Akah, Mr. Philip Balepo, Mr Taiwo Taiwo, who reviewed the book, among others.

    Senator Ngige said Anyadubalu has left a trail after his stint as a lawyer in banking industry, describing the lawyer as a professional banker and legal practitioner.

    Justice Umeadi, who praised author for the “brilliant work”, said there were a few lawyers that had sufficient knowledge about mortgage law. He said he would make copies of the book available to all judges on the Anambra State bench, promising to also extend to lawyers, who may want to know more about mortgage law.