The Nation Newspaper

Category: Law

  • Court to hear suit against PHCN May 5

    A Lagos High Court has fixed May 5 for hearing in a suit between some landlords and the defunct Power Holding Company of Nigeria (PHCN) Plc. The Orile-Agege, a Lagos suburb landlords sued PHCN over an alleged breach of agreement and refusal to pay compensation for its high tension lines that pass over their buildings.

    The claimants are Mr. Jimmy Oni Olufade, Reverend P.A. Elemide and Chief Ismaila Olowo, representing themselves and others whose buildings were approved as affected by the defendant’s transmission lines.

    In their 25-paragraph statement of claim , they accused the defendant of not paying compensation contrary to the agreement reached on March 14, 2005 that payment would be made on May 31, 2005.

    They are asking for an order directing the defendant to pay N16,249,296 as compensation; an order directing the defendants to pay interest at 20 per cent rate per annum on the original sum of N20,311,620 agreed on as compensation from June 1, 2005 until the date of judgment.

    The claimants live with their families at Amulegboniyun, Ayobo, Ipaja, Abule-Oki and Orile Agege villages. They claimed to have been in possession of their buildings before the defendant installed the overhead transmission lines.

    They also claimed through their lawyer,Mr Abayomi Omoyinmi, to have neighbours at Ashipa and Atan Nla villages who are victims of PHCN affected by the erection of PHCN’s transmission lines.

    The defendant’s transmission lines, which transmit electricity, they said, cause noise, annoyance, nuisance, inconvenience, danger and are detrimental to them, their families and neighbours.

    They claimed to have written to the PHCN through their solicitors, together with their neighbours, series of letters of complaining of how injurious the electricity cables can be and how they obstruct further developments on their buildings.

    They averred that the defendant did not respond to their letter consequent upon filling their Suit no: ID/108/92 Ifebort Farms Limited and others versus NEPA, where they claimed damages/compensation from the defendants.

    They averred that in the course of proceeding, the defendant paid compensation, to their neighbous and later their solicitors after the inspection of their buildings, which were marked as affected, valued and proposed for settlement.

    They said they reminded the defendant that their buildings have not been inspected and left out among those to be compensated.

    They claimed to have written series letters to the defendant, which it did not deny the agreement, but has not paid till date.

    But the PHCN objected to the suit in one-paragraph ‘Notice of Preliminary Objection’ filed by its counsel, Mr. C.H. Nwuke, basing its preliminary objection on issue of jurisdiction.

    It, therefore, submitted that the court has no jurisdiction to entertain the suit since there is no proper defendant before it. It then urged the court to strike out the suit with substantial cost.

    In PHCN’s eight-paragraph statement of defense, Nwuke urged the court to dismiss the action as there is no cause for it.

    The claimants’ action according to Nwuke, is statute barred as it was not instituted within the period statutorily provided for such.

    The PHCN, the statement claimed, has been divested of all powers, matters and issues relating to transmission of electric power in Nigeria by the provisions of the Electric Power Sector Reform Act 2004.

    The company, the court was, has by the provisions of the Act and the Electric Power Reform (Transfer of Assets, Liabilities, Rights and obligations) Order No. 1 of 2006, transferred all assets, employees, liabilities rights and obligations connected with and related to electric power transmission in Nigeria to another statutory body, Transmission Company of Nigeria Plc (TCN) set up for such.

    The claimant consequently filed an application seeking to join TCN as second defendant in the suit. The motion on notice was brought under Order 13 Rule 4 and 17(1), (2) High Court Rules and the inherent jurisdiction of the court.

    But the PHCN in its counter affidavit against the motion for joinder deposed to by Emmanuel Omoju, averred that paragraphs 10, 11, and 12 in the statement of claims are not true, insisting that there is no competent suit because there is no party before the court.

    It, therefore, urged the court to strike out the suit, saying that the action is statute barred.

  • NBA Presidential aspirants woo Eastern Bar Forum

    NBA Presidential aspirants woo Eastern Bar Forum

    Four Senior Advocates of Nigeria (SANs) aspiring for the Presidency of Nigerian Bar Association (NBA) have sought the support of the Eastern Bar Forum (EBF), made up lawyers of Igbo extraction.

    The aspirants are Augustine Alegeh, Deacon Dele Adesina, Chief Adeniyi Akintola and Mrs Funke Adekoya.

    During the forum’s meeting in Eket, Akwa Ibom State, the aspirants praised EBF’s leadership.

    Alegeh said the Mid-West Bar Forum, to which he belongs, has modelled itself, its leadership and meetings after the EBF.

    “We took the EBF constitution, studied it and modelled our own constitution after it,” Alegeh said.

    He attended the meeting with about 24 NBA branch chairmen from the North. While some branch chairmen came with their secretaries, others sent their secretaries.

    Adesina, in his goodwill message, said: “EBF is first among equals because you see democracy in action. EBF is really holding the banner of democracy very high and this is worthy of emulation.”

    He praised the vision of the forum’s founding fathers: “Vision drives passion, a visionless individual is a dead person, unless you run a vision as if your life depends on it, you cannot accomplish it,” he said.

    Adesina said he attended the meeting to be part of the what was happening in the EBF.

    He commended the NBA leadership for setting agenda for the ongoing national conference because, according to him, the business of law-making is that of lawyers.

    “My prayer is that one day, a lawyer will become the President of this country,” he said.

    Adesina was accompanied to the meeting by the chairman of NBA Ikeja branch, Mr. Monday Ubani, chairman NBA Ondo branch, Mr. Kunle Adetuwubo, chairman NBA Ikere Ekiti branch, Hon Bunmi Olugbade, among others.

    Akintola frowned at a situation where lawyers talk like politicians outside the courterooms. He stated that such talks should be reserved for the courtrooms.

    “I came to this meeting as a mark of respect for EBF, I came in the company of my followers from Kaduna, Kano, Lagos and Ikeja,” he said.

    Akintola stated that the EBF is the oldest forum in the NBA and has demonstrated purposeful leadership.

    He urged the forum to continue to maintain the old tradition of the bar, adding that a lawyer should talk in court and not on the pages of newspapers.

    Akintola urged the EBF to continue its leadership style.

    Adekoya, in her good will massage, said she had the privilege of participating in the EBF capacity building programmes in the past and knows that enhancing legal knowledge is part of EBF agenda.

    Having participated as a resource persons in EBF workshop and seminar last year, she advised the EBF to focus on issues of the rule of law.

    She was accompanied to the meeting by the chairman of NBA Lagos branch, Mr. Alex Muoka, Chukwuma Ezeala, Afam Ofomata Ofomus and Amaka Aneke, among others.

    Mr. Matthias Schuwa brought goodwill message from Mr. Steve Abar, a General Secretary aspirant.

    Other aspirants at the meeting include: Mrs. Chinwe Nwadike, Aniche Barth Okoye, Afam Osigwe, while national officers present included Joyce Oduah, Paul Ebial. Afam Obi, Kelvin Ejelonu, U.F.O. Nnaemeka and John Austin Unachukwu

    NBA President, Okey Wali (SAN) joked that the meeting was more like a National Executive Council (NEC) gathering.

    He praised EBF chairman Ogbonna Igwenyi for leading by example.

    According to him, the EBF had been massively supportive of his administration and had been like its pillar.

    Speaking after the meeting, Igwenyi said: “The meeting is one to be remembered for so many reasons. It provided an opportunity for some of our colleagues who are eying one national office or the other to come and say one thing or the other to us by way of goodwill massages even though the electoral time table has not been rolled out for them to commence their campaigns.

    “They came in their numbers and we interracted with them. I believe that the meeting had achieved the purpose for which it was convened.”

  • Removing the mystery in law

    Removing the mystery in law

    Law no doubt is one of the most respected professions the world over — a harbinger of the clamour for a just society. Law is held in high esteem and so are lawyers. This could be probably likened to the reason many see the understanding of how law works as the job of barristers – this may be right but at the same time, it is pertinent that as an ordinary citizen one needs to know the basics and the modus operandi of law.

    A renowned Barrister and Solicitor of the Supreme Court of Nigeria, T.A.O Tugbiyile is also on the same page with the submission above. He lends his voice, borne out of years of experience in legal profession, on the need  for citizens to have an idea of the workings of the law “the profession has been mystified so there is need for its demystification,” he said in  an interview with The Nation.

    The learned man who has written many books on law deemed it fit to go with the trend by making his works available to more people through the Internet. When he said “I have decided to take my works to the Internet so that more people will have access to it and get them at a cheaper price…,” it signified his readiness to make sure that Nigerians and people from different parts of the world enjoy his resourceful books in their digital version hence the birth of www.nigerialawdigest.com.

    He said: “So far I have written fourteen law books and edited eighteen volumes of Digest of Supreme Court, Court of Appeal and High Court cases that’s over seventeen thousand pages, but there is challenge of publishing. For the fact that people are moving away from print, one must move with the time. This and coupled with the need to demystify the perception of people about law informed creation of a website www.nigerialawdigest.com . It presents law, in clear terms, to a lay man and how he can apply its knowledge in his dealings.”

    Evidently, this laudable project would give proper orientation to lay men, bridging the gap between citizens and the law.

    Barrister Tugbiyile is a Law graduate of University of Ife (now Obafemi Awolowo University) and former Nigerian Law School lecturer. He is one of the few Nigerians who are in tune with the speed of change in the information dissemination. His law books which cover different aspects of law have come handy in their digital forms on the Internet.

    The seasoned writer and publisher who wrote an autobiography of one of the giants in legal profession, Chief F. R. A. Williams, is passionate about his efforts to teaching and presenting law in clear terms to all for easy comprehension.

    He interestingly revealed that there are certain legal documentations that do not necessarily needed to be done by a lawyer, “people always believe that if you have to do a simple agreement or a will, you have to go to a legal practitioner; you really don’t have to if you are fairly literate. If you go to www.nigerialawdigest.com we have draft agreements…. The website is not only for legal practitioners, it is for the general public to know their rights. Our campaign has been centred on demystification of the law. To remove the mystery in the law. To teach ordinary layman how to do his will, do agreements himself. The website is also meant for people who are inquisitive and want to know how law operates. If you go through some of the cases digested, you will know your rights and how to exercise them.”

    He cited an example of landlord-tenant issues: “A landlord can tell you to get out of his house tomorrow and bring hired thugs; he doesn’t have such powers. He must follow the due process, he must follow the law. So, when you go through the website, you would have an idea of what your rights are and be able to exercise them.

    “I give another example, the Federal Road Safety Corps are found on almost all roads but the law allows them to operate only on federal roads. So if you know your right, you will know the difference between state and federal road. If they come to arrest you on a state road, you can refuse such an arrest.”

    On www.nigerialawdigest.com are materials that could make one understand law the more and use the lessons learnt to know one’s right. “You will see on the website, digests of Supreme, Appeal and High court cases, these are pronouncements of judges of superior courts on various aspects of the law: landlord, tenant, admiralty, appeal, practice and procedure, criminal law, constitutional law, federal law, state law, banking law and so many areas.

    “I feel grieved when I see how the police harrass commercial motorcyle operators (okada) because the do not know what the law says. The security operatives take advantage of their ignorance to extort them. If the oppressed have fair knowledge of law, they would not suffer the harassment,” he said.

    The Igbajo, South Western Nigeria-born intelligent lawyer has had a flare for journalism and writing since childhood, and he has proven that with a number of books published by him. Going back the memory lane, Mr Tugbiyile relived the school life as a law student. Although he is an accomplished man but wished he had been more serious with education during his school days especially in the higher institution. “I wish I had lived like a devoted Christian devoid of excess social life,” adding that he had to amend his ways when his social life posed a serious threat to his academic success.

    When asked if the distractions back then were anywhere close to what are obtainable now, he argued that “there were distractions, many of them. There were clubbing, partying and girls. We had palm wine club and different clubs but I never joined the confraternity.”

    The law expert-cum publisher, as expected, refuted the general notion that ‘lawyers are liars’. “lawyers do not lie but view issues from different perspectives — prove the issues beyond reasonable doubts,” he submitted.

    He also added that people would easily conclude that lawyers are liars when they have been able to defend an accused person whom many perceived to be clearly guilty in the court of law. “Let’s take for instance an issue of rape, if there is no prove admissible in the court to prove the accused guilty and he is set free, ordinary people on the street would auestion the decision. Whereas the plaintiff and his lawyer have rendered the court powerless for they have failed to prove that the accused actually committed the crime beyond a reasonable doubt,” he opined.

    The legal practitioner who had wanted to be a writer and an editor after leaving secondary but opted for law said he is fulfilled now. “I wanted to be a journalist owing to the influence of one old writer, he was editor of Sunday Sketch… I loved his lifestyle, he was popular; I wanted to be like him so right now I am fulfilled because I am a writer, an editor, I publish all my works. I am a teacher and still practice law. What has happened to me so far is double blessing because I am more than I would have loved to be if had gone ahead to read Mass Communication.”

    The Barrister whose some of his books include Defamation Laws, Labour Laws and Practice, Debt Recovery Law and Procedure, Law of Banking and more has simplified the law in such a way that every stratum of the society can read and understand.

  • NBA holds Business Law conference May 25

    NBA holds Business Law conference May 25

    The Nigerian Bar Association (NBA) Section on Business Law (SBL) will hold the eighth edition of the Business Law Conference from May 25-27. It will hold at the Eko Hotel and Suites, Victoria Island. It has the theme: “Exemplary Governance – Enhancing Economic Development in Nigeria.” Chairman of the Conference Planning Committee Mr. Seni Adio said the event promises to be the best.

    On why the theme was chosen, he said: “As you all know, when the country is economically viable, it will be able to produce jobs at an appreciable level for those who are looking for jobs, provide the correct security and that kind of very important requirements that the citizenry requires. Then you will be able to encourage and attract economic traffic inwards.”

    “We have committees such as the banking and finance, capital market, intellectual property, insurance, sports and entertainment, tourism, consumer protection and products liability, aviation and each committee typically has a very robust presentations populated by experienced practitioners and experts in their different fields.

    “So this years conference promises to be the very best we have ever had so far because we have a lot of eminent legal practitioners, business leaders and government dignitaries who will be attending the conference both indigenous practitioners and those who will be attending from different parts of the globe,” Adio said.

  • The legality of Agumagu’s suspension

    The legality of Agumagu’s suspension

    Despite the criticism of its  action by some lawyers, the National Judicial Council (NJC) insists that it took the right step by suspending Rivers State Chief Judge Justice Peter Agumagu.  In this article, Mr. Ahuraka Isah, media aide to the  Chief Justice of Nigeria (CJN) and NJC  Chair,  Justice Aloma Mukhtar, defends the NJC’s action.  He also calls for the review of Section 271 of the Constitution  to give NJC the power to hire and fire judges.

    On March 18, this year, the Governor of Rivers State, Rotimi Amaechi swore in Justice Agumagu as the Chief Judge of the state.

    On March 25, the National Judiciary Council (NJC) held an emergency meeting and took a decision suspending Agumagu. He was also queried to explain why he should not be removed from office as a judicial officer.

    The council in taking these decisions found Agumagu’s action in accepting the offer of appointment as a chief judge to be unconstitutional. His action, the council said, amounted to a gross misconduct on the grounds that the swearing in contradicted Section 271 of the 1999 Constitution, which stipulated that the appointment of a substantive chief judge of any state mandatorily, required the recommendation of the council. As a judicial officer vested with the responsibility to interpret the constitution and other statutes Agumagu should know that he cannot be sworn in as Rivers State Chief Judge in the absence of NJC’s recommendation.

    In order to forestall anarchy, the council had to take preliminary step to stop the descent into judicial anarchy.

    The question is, can Governor Amaechi suo moto or solely appoint a chief judge under any condition without the recommendation of the council? The answer is no. While swearing in Agumagu, Amaechi praised a Federal High Court sitting in Port Harcourt for declaring that the nomination of Agumagu for substantive chief judge’s appointment was in order when he stated that: “Today, we recognise and accept in totality, the judgment of the Federal High Court and we say to you, congratulations.’’

    Taking the same question the other way round, can the court declaration become a substitute for NJC’s recommendation? The answer is in the negative. In appointing a chief judge, three conditions must be fulfilled. First, ýNJC must recommend the judge, the governor must accept the recommendation and the state’s house of assembly must ratify. When any of these is missing, the appointment will be in complete. Why did Governor Amaechi take Agumagu’s appointment to the Rivers State’s House of Assembly? He could as well have dispensed with the House just as he did with the NJC.

    Besides, the so-called Federal High Court  sitting in Port Harcourt he relied upon didn’t make any consequential order, neither did the presiding judge, Justice Lambo Akanbi ordered the swearing in of Justice Agumagu as the chief judge. According to an Abuja base legal practitioner, Alasa Ismail, the judge ought to know that the council’s input, call it a recommendation or whatever can’t be traded for anything. If it is not available, no judge worth his or her salt ought to agree to be sworn in by any state governor.

    ’’What a reasonable man ought to do after the court’s pronouncement and the subsequent resolution of the State House of Assembly rejecting the council’s recommendation is to advice the state governor and even insist to re-present him or her to the council. Doing otherwise amounts to violation of the provision of the constitution and a gross misconduct of the highest order, especially coming from a judicial officer placed on the position to interpret and protect the same constitution’,’ Alasa said. On whether the NJC is right when it placed Agumagu on suspension before issuing him a query to defend his action, we are of the view that the decision is legally sound on the authority of the Public Civil Service Rules.

    Rules No. 030406 of the Public Civil Service Rules (2008 Edition) as contained in the Federal Republic of Nigeria Official Gazette No.57 of August 25, 2009, vol.96 (Government Notice N0.278) states: ‘’Suspension shall apply where a prima facie case, the nature of which is serious, has been established against an officer and it is considered necessary in the public interest that he/she should forthwith be prohibited from carrying out his/her duties pending investigation into the misconduct.’’ The NJC viewed the doing of an unconstitutional act (in the instant case, acceptance of the post of a chief judge without recommendation by NJC) as a serious breach of the constitution. The council is also of the view that it is in the public interest to suspend him. As a chief judge, he sits at the top of the state’s machinery for dispensing justice. Great injustice will be done if he is allowed to illegally act as chief judge. ýAs the chief judge of a state, his responsibility includes posting judges to different divisions of the court and assigning cases to judges including himself, in other words, he will preside over some matters too. But it is trite law that ‘’you can’t place something on nothing’’. It follows that any actions he takes while acting illegally ýare liable to be struck down as a nullity. What is at stake is more than a mere appointment. NJC had to act to stop a catastrophe.

    According to NJC, the appointment of Agumagu as chief judge runs contrary to the provisions of Section 271 of the 1999 Constitution, which stipulates that a state governor must appoint a Chief Judge “on the recommendations of the NJC.” The swearing-in of Agumagu by Governor Amaechi is a fait acompli. Since any action that offends the provisions of the constitution is a nullity, so the bye-products of the same action.

    If Agumagu’s appointment as chief judge without the council’s recommendation is a nullity, whatever he does on the seat including cases he assigns to other judges, posting of judges to courts and the judgments he delivers while on that seat are null and void.

    NJC, which is chaired by the Chief Justice of Nigeria and constituted by other justices of the Supreme Court, Court of Appeal, some chief judges of High Courts, retired judges and some senior members of the bar should be capable of estimating the collateral damage Agumagu’s swearing is capable of causing the judiciary.

    According to an Irish statesman and a former member of the House of Commons of Great Britain, Edmund Burke, who warned that ’’the only thing necessary for the triumph of evil is for good men to do nothing’’.

    It will amount to an abdication of its constitutional duty if the council sits by and allow the judiciary to be plunged into anarchy.

    Invariably, Agumagu’s suspension was meant to arrest or prevent judicial anarchy.

    The council also relied on its powers as provided by the constitution to suspend Agumagu when it stated in its press release dated March 26, 2014, signed by the acting director of NJC that, “In the meantime, Council in exercise of its powers under paragraph 21 (d) of Part 1 of the Third Schedule of the 1999 Constitution, has suspended Justice P. N. C. Agumagu from office as a judicial officer with immediate effect.”

    Until a competent court holds otherwise, the council rightly in our view believes that it has the power to suspend a judicial officer. The council relied on these powers when on August 18, 2010 it suspended a former Court of Appeal president, Justice Ayo Isa Salami (now retired) from office for alleged breach of his oath of office.

    NJC fell back on the same laws to suspend Justice Abubakar Talba on April 26, 2013 following the findings by the council that he did not exercise his discretion judicially and judiciously with regard to the sentences he passed on Mr. John Yakubu Yusuf who was on trial for embezzling N30 billion police pension.

    The Supreme Court of Nigeria had in the case of  Elelu Habeeb v. Attorney General of the Federation held that the removal of the then chief judge of Kwara state by the governor without the recommendation of NJC as illegal and unconstitutional. Justice Mahmoud Mohammed (JSC) stated in the said case that  ”As the say goes, power corrupts, absolute power corrupts absolutely. If the Governor alone is allowed to in exercise of his executive power appoint directly, and discipline judicial officers of his state, this may, no doubt, lead to avoidable corruption and prevent judicial officers from carrying out their functions freely and without any intimidation by the executive. Judicial officers may become stooges of the Governor of the State for fear of been removed from oft ice unceremoniously’’.

    In 2010, stake holders in the judiciary took the view that NJC was wrong when it recommended Salami’s suspension to the President for his approval. They were of the view that the council needed not the President’s approval to suspend or recall a judicial officer from suspension. The council, under the leadership of the present CJN, rightly in our view believed that the council did not require the executive’s approval to suspend a judge.

    Therefore, the council was right when it suspended Talba without seeking the President’s approval.

    Today, the same stakeholders argued that NJC was wrong for suspending Agumagu without recourse to Amaechi’s approval. What was good for Talba should be good for Agumagu, so the ageless African wisdom dictates.

    It is inconceivable that those who appropriated the benefits of purposeful and independency of the judiciary would resort to some means with intent to undermine it. If NJC had been partisan in the past, and at present it would have been difficult if not impossible for Amaechi for example to become a governor talk more of sustaining his seat till date. Perhaps, the drafters of the 1999 constitution of the Federal Republic of Nigeria underestimated the extent the presidency and state governors would attempt to undermine the principles of separation of power amongst three arms of government and autonomy of the judiciary when Section 271 of the Constitution was enacted.

    It is quite apparent that this section of the constitution has to be reviewed to give the NJC absolute power to hire and fire judges in addition to the power to evaluate performances of the same judicial officers. This also calls for proper protection and preservation of the much needed judicial autonomy and independence in the system by ensuring strict implementation of the first line charge to Federation Account for the judicial funding.

    A situation, for example, where a state House of Assembly declares that certain judicial officers are not fit and proper for appointment to the position of chief judge of the state appears laughable because the legislatures are not in a position to assess which judicial officer is qualified for appointment.

  • ‘Our courts don’t understand cost concept ’

    ‘Our courts don’t understand cost concept ’

    Prof Fidelis Oditah, a Senior Advocate of Nigeria (SAN) and Queen’s Counsel (QC), who turned 50 on March 27, speaks on the justice system, politics, and sundry issues. JOSEPH JIBUEZE writes.

    How can court cases be decided faster? There have been several suggestions on the way out, but the delays still remain. A professor of law, Fidelis Oditah, has identified jurisdictional issues, and punitive costs that do not deter others, as contributing factors.

    Oditah, a Senior Advocate of Nigeria (SAN) and Queen’s Counsel (QC), who spoke in his office in Lagos, said widespread misuse of preliminary objection or jurisdictional challenges, which parties insist must be resolved before the merits of a case are considered, is a primary cause of delays.

    The only exception (where jurisdiction is not determined first), he said, is where a case begins by Originating Summons. In that case a court can hear the jurisdiction objection along with the merit. But when cases begin by petitions or writ of summons, the jurisdiction is taken first and the ruling delivered before the main case is heard.

    In most cases, the defendant, who usually challenges the court’s jurisdiction, goes on appeal when he loses. It may take close to 10 years before the appeal process is concluded up to the Supreme Court. This, Oditah said, should stop.

    “It is only very few people dogged enough who would want to continue with the struggle after 10 years of delays and legal expenses. That is one big aspect that needs to be looked at.

    “Without this, I don’t think there will be any progress, no matter what rules we operate under unless we resolve this misuse of interlocutory skirmishes and the so-called jurisdictional objections. It would require the courts having to write new rules which say that jurisdictional objections should be taking alongside the merit.”

    Oditah said justice is also delayed because punitive cost is not awarded against those whose actions or inactions waste judicial time.

    “When I looked at the law report in the 60’s, 70’s and early 80’s, Nigerian courts were awarding substantial costs. I saw case in the early 80’s where the courts awarded N120, 000 as cost. N120,000 in 1981 was more than 120, 000 British  Pounds. It is a modern day equivalent of at least N30 million.

    “I know of no court in Nigeria today that would award you N1million as a cost. Very often, you get cost of N50, 000 to N100, 000 at every level of decision making; not just only in the High Courts, but even in the Supreme Court. In doing that, they completely misunderstood the system of cost. Every regime that has a procedure for awarding cost does that on one or three basis.

    “One is what we call standard taxation, where you recover 66 percent of your reasonably incurred cost. The second is a cost on full indemnity basis where they pay you all your reasonably incurred cost and the third is the jurisdictional award wasted cost.

    “And that is often against lawyers themselves because in many cases you find out that the delays and wasted cost in the civil justice system is caused by lawyers. And if you have delays caused by lawyers, it is right that those lawyers pay for the cost and sometimes, the courts in other jurisdictions award wasted costs against lawyers. But a system where you have no proper adverse cost and you have no power to award wasted cost is a recipe for irresponsible litigation,” Oditah said.

    On the National Judicial Council (NJC) requirement that judges make a quarterly return of a minimum number of cases, the lawyer said it does not address the substance of the problem but is only a cosmetic solution.

    “If I sit in Osogbo for example and I have between 50 and 100 cases allocated to me in a year and I can write rulings and judgments up to half of those cases, you will say that I am doing very well because I have done at least 50 percent of the cases.

    “But if I sit in a jurisdiction where I have about 200 cases allocated to me, and I write the same 50, you will say that I have only done 25 percent of my job. So in percentage test, it looks like I have not done anything. The person who did 25 has done 20 percent of his 50. The system might reward the person who did 50 percent better than me,” Oditah said.

    According to him, judges also contribute to delays. “With all due respect, some of them are extremely hard working – they sit on time, they dispose off their case quickly and get their work done that way. A number of them simply have no idea of what being a judge involves.

    “Some of them come to court by 10 or 11 am; and you wonder how a public servant being paid by a public tax should turn up for work at 12 noon and in most cases they do not apologise to anyone for coming late. So there is need to discipline these judges for them to know that they are providing a public service for which they are being paid,” Oditah said.

    Judges, he said, should improve in their diligence. “Some judges are very lazy. Many of them don’t believe that they can give ruling extempore. If someone applies to me to amend pleadings for example, I could decide whether to allow it or not immediately and give you reasons for doing so. I don’t have to adjourn for one month to give you reason why the document would be admitted or not.

    “Many judges are incapable of judging, they have no business in the bench. Also, the lawyers are culpable because they are the ones that make the frivolous applications and the judges accede to them to waste everybody’s time.”

    On whether arbitration is the way out of the delats, Oditah said it is only part of the solution. “If the judgment debtor refuses to pay the award, you are then forced to return to the court system to enforce the award.

    “Very often, you start the litigation all over. So arbitration provides a partial solution if the judgment debtor is willing to pay.“

  • Judge seeks hazard allowance for magistrates

    The Chief Judge of Anambra State, Justice Peter Umeadi, has called for the payment of hazard allowance to magistrates.

    This, he said, is because “magistrates bear the brunt of the beginningof all criminal prosecution in our judicial system.”

    He recommended that they be paid a minimum of N150,000 per month.

    Justice Umeadi spoke in Awka, the Anambra State capital, during the third Chief Judge’s annual dinner.

    He urged the government to improve the magistrates’ general conditions, including providing all of them with official cars.

    He said: “There is need to pay a hazard, robbing and sitting allowance to all learned Magistrates in Anambra State in the minimum of N150,000 monthly. I repeat, His Excellency, that the learned Magistrates bear the brunt of the commencement of all criminal prosecution in our judicial system.

    “Added to these are their civil jurisdictions which cater for the majority of the landlord and tenant cases and sundry civil cases which throng our courts on a daily basis. The Judiciary would be delighted if there is an announcement before this evening in over that the expected allowance of N150,000 monthly to the learned Magistrates would be paid with immediate effect.

    ‘’Recently, a law was passed in Anambra State wherein they have been put at par with Chief Magistrates in terms of emoluments and entitlements. It is sad that up till now they have not been issued with cars as their counterparts in the Magistracy.”

    Governor Willie Obiano urged the judiciary to endeavor to speed up the dispensation of justice, adding that it would be in the best interest of everybody in the state.

    He said his administration would work to ensure that adequate security and equipment to work with are provided for members of the bench.

    Obiano further assured members of the bench that he believed in them and the good work they are doing for the country, adding that he is in support of an independent Judiciar.

    He assured that all that is due to the judges and magistrates would get to them.

    Justice Benedict Bakwaph Kanyip of the National Industrial Court Lagos Division lamented that the judiciary budget has been on the decline since 2010, adding that the experience of late has been anything but commendable.

    Kanyip lamented at a situation where budgetary allocation to the Judiciary continues to drop while the general government budget continues to increase, describing it as the major impediment to the quick and effective dispensation of justice in Nigeria and on the whole a set back to the current effort at transforming the Judiciary.

    He said: “For instance, in the 2013 fiscal year of the over N5trillion amended Federal Budget , while the National Assembly got N150billion, the National Judicial Council on the other hand got N67billion (the assumption here is that the balance of the budget went to the Executive arm of Government). The worrisome thing here is that while the overall Federal Budget from year to year had been on the increase, that of the judiciary has been on the decline.

    “Over the years, funding of the courts has remained a challenge as evinced in the condition of many courts in Nigeria today. Statistics have shown that funding from Federal Government has witnessed a steady decline since 2010 , from N95billion in that year, to N85 billion in 2012 and dropped again in the 2013 budget to N67billion.

    “Indeed, with this amount , if the amount allocated to the extra-judicial organisations within the judiciary is deducted , the courts are left with a paltry sum to operate. The simple implication is that our courts are increasingly finding it difficult to effectively perform their day to day constitutional roles.”

  • Court restrains Customs, police from arresting importers

    A Lagos High Court in Igbosere has restrained the Nigerian Customs Service (NCS) and the Inspector-General of Police, Mohammed Abubakar from arresting two importers, Jude Obiora Iloka and Mrs Nneka Egbe.

    Justice Kazeem Alogba also restrained Customs from selling the goods contained in eight 40-ft containers belonging to the applicants.

    The applicants had filed the suit following alleged threat of arrest and illegal sale of the goods.

    The Comptroller-General of Customs, Adbullahi Diko and Area Comptroller of Customs, Tin Can Port, Musa Audu Tahir are joined in the suit.

    The applicants’ lawyer, Paschal Ukpaka, arguing the ex-parte motion, said after his clients paid necessary customs duties, shipping charges and terminal/warehousing charges in respect of the containers, the respondents were still making moves to arrest the applicants and confiscate the goods.

    The lawyer recalled that the container exit attestation notes, which were under auction, were duly signed by the Customs Resident official, government agencies and Tahir, who was also Chairman of Joint Allocation Committee.

    Ukpaka added that despite the clearance, some officers of the defendants were making another move to arrest the containers and dispose the goods therein.

    Ukpaka said one of the applicants’ associates was arrested about three weeks.

    Justice Alogba ordered that hearing notice should be served on the defendants, and directed the applications to file an undertaking to pay damages to the defendants if it turns out that the order ought not to have been mane.

    He also fixed April 16 for hearing.

     

  • Ex-bank chiefs, EFCC battle over jurisdiction

    Ex-bank chiefs, EFCC battle over jurisdiction

    The Economic and Financial Crimes Commission (EFCC) in its presentation of bank chiefs is that of courts’ jurisdiction. Sadly, the agency is confronted by the issue of jurisdiction. To the bank chiefs, the court cannot try them, a claim which EFCC disputes, writes ADEBISI ONANUGA

    Can the Economic and Financial Crimes Commission(EFCC) wriggle out the of issue of court jurisdiction in the various charges it brought against some bank chiefs? This, remains a litmus  test yet in the ongoing prosecution of the former bank chief executive officers by the commission

    However, it is this issue that a Lagos High Court, sitting in Ikeja will attempt to decide when judges resume from Easter vacation. On May 2, Justice Lateef Akapo-Lawal will decide  whether or not he has jurisdiction to hear a criminal suit filed against the former Managing Director of Intercontinental Bank Plc, Dr. Erastus Akingbola who is accused of stealing the bank’s money.

    Similar theft charges brought by EFCC against former Managing Directors of defunct Bank PHB and Finbank, Francis Atuche and Okey Nwosu respectively had already been challenged on the grounds of jurisdictional authority.

    The first test on issue of jurisdiction was Nwosu’s challenge which proved to be a defining one as the Lagos Division of the Court of Appeal on November 21, 2013 struck out the theft charge against him for lack of jurisdiction on the part of the Lagos High Court. The Court of Appeal held that since the case was associated with capital market issues, it should be handled by the Federal High Court only.

    The second test for the commission was  in January 2014, when Francis Atuche challenged the jurisdiction of a Lagos High Court to try him on shares related issues. He had cited the Court of Appeal decision as regards the case of Nwosu. It was  as a result of the decision of the Appeal Court that made EFCC to appeal to the Supreme Court to over turn the lower court decision on Nwosu. On the strength of that Justice Adeniyi Onigbanjo the presiding judge adjourned hearing of the charges brought against Atuche indefinitely and pending the Supreme Court decision.

    In the case of Akingbola, another bank chief currently on trial for related offence, when his case came up for hearing last week before Justice Lateef Lawal-Akapo, the former Managing Director of defunct Intercontinental Bank Plc and his co-defendant, Bayo Dada had filed two separate applications also challenging the jurisdiction of the court to entertain the theft charge preferred against them by EFCC.

    Akingbola’s challenge last week is the third test relying on the same grounds as the preceding ones. But EFCC in its counter affidavit argued that the court has the jurisdiction to entertain the case adding that the counts contained in the information do not relate in any way to banking transactions, shares or companies.

    The lead counsel, Chief Godwin Obla explained that the counts contained in the information before the court did not in any way challenge Akingbola’s conduct as bank Chief Executive nor any of his functions as a Director. Obla concluded that the application was an abuse of court process and should be thrown out.

    But Akingbola countered that it was misleading to describe the application as abuse of court process when its thrust relates to the fundamental and constitutional issue of section 251 of the constitution relating to the exclusive jurisdiction of the Federal High Court. According to his lead counsel Chief Wole Olanipekun the issues relate to shares, stocks, capital market, banking and allied matters, functions of a Chief Executive of a bank which are incorporated under CAMA, among several others.

    “It is submitted that only the Federal High Court has jurisdiction to entertain matters that are within the Exclusive Legislative List in Part 1 of the Second Schedule of the 1999 Constitution which by section 4 of the 1999 constitution only the National Assembly can legislate on,” argued Olanipekun.

    Citing the applicability of the Court of Appeal decision on Nwosu and the Supreme Court decision on Olabode George vs FRN, Olanipekun contended that the decisions were binding on the court.

    The fight for jurisdiction remains a recurring decimal in the dispensation of justice. It played itself out in two instances in suits filed in foreign courts. While the litigant won in foreign courts, they lost in the attempt to enforce the judgements in Nigeria as a judgement of the High Court of Lagos State.

    In the first instance, Access bank had sued Capital Oil limited in a London court and came back to Nigeria to want to enforce the judgment, which was an order of injunction against the company before a  Federal High court ordered the withdrawal of the case from London and for it to be heard in Nigeria.  Only recently a long drawn battle on jurisdiction involving Access Bank Plc had played out before Justice Candide-Johnson of Lagos High Court over the Bank’s registration in Nigeria of the London Judgment and accompanying orders of Mr. Burton of the High Court of Justice, Queens Bench Divisions Commercial London.

    The judgment arose from a civil suit filed in 2009 by Access Bank in London against Akingbola in the wake of his removal by Central Bank of Nigeria (CBN) as Chief Executive Officer of defunct Intercontinental Bank.

    In the judgment delivered in July, 2012, Akingbola was allegedly found liable of causing substantial loss to the defunct Bank to the tune of N212,294,089,160.15 when the stock market collapsed which it ordered him to pay. The judge said although there was no evidence that he participated personally in the share purchase as the CEO “on balance of probability” he must know about it.

    Consequently Access Bank sought to execute the judgment in Nigeria and on July 4, 2013 was granted an exparte order to register and execute the judgment debt, a decision swiftly challenged by Akingbola in September 2013 via a petition.

    Ruling on the matter on February 18, Justice Candide-Johnson set aside the controversial London judgment, vacated the exparte order and subsequently struck out Access Bank’s application to register and enforce the judgment debt on the ground that the court lacked jurisdiction to entertain the case in the first place being a matter exclusively for the Federal High Courts. Said the judge: “In the final analysis, I hold that the High Court of Lagos State within the meaning of MADUKOLU V. NKEMDILIM lacks jurisdiction and competence to have entertained, heard and/or determined any aspect of the Registration and Enforcement proceedings in respect of the Foreign Judgment and Accompanying Enrolment Order of Honourable Justice Burton …”

    Prior to the ruling Akingbola and Access Bank had on January 16, this year exchanged legal arguments with the bank insisting on the enforcement of the judgment debt.

    Counsel to the bank, Mr. Kanyinsola Ajayi (SAN), in his submission argued that the bank had satisfied all conditions for the registration and enforcement of the judgment. He said Akingbola was served with all the processes filed at the English court and that he submitted to the jurisdiction of the court and personally gave evidence along with other witnesses concluding that the court acted with jurisdiction when it gave judgment.

    But Akingbola countered in his submission with his counsel, Chief Wole Olanipekun (SAN) arguing that both the English court trial and subsequent judgment were riddled with multiple illegalities.

    First, Olanipekun argued that the English court lacked jurisdiction to entertain the case in the first instance. Quoting several decided cases both in United Kingdom and Nigeria including Supreme Court cases, to support his position, he advanced that a foreign court could not assume jurisdiction on a person who is transiently present within the jurisdiction in respect of assets outside the jurisdiction. According to him, it was the freezing order obtained by the bank in the United Kingdom against Akingbola that compelled his presence in London and stranded him there too.

    Second, the counsel also argued that Lagos High Court lacked jurisdiction to register the judgment since it could not have entertained the claim leading up to the judgment in the first place. Only Federal High Courts, he further argued, could handle civil causes and matters arising from Companies and Allied Matters Act, which is the subject of the judgment.

    Not done, Olanipekun contended that the procedure adopted by the High Court of England in arriving at the decision was in conflict with the Nigerian Constitution and Law of Evidence. For instance the trial was conducted over video, with the judge sitting in London while Akingbola and his witnesses were compelled to give evidence over video in a Lagos Hotel via video link. Also the British trial judge tried to seek the assistance of the Federal High Court to compel the witnesses to appear but the Federal High Court replied that the procedure being adopted was alien to Nigerian laws as witnesses could not be compelled in a civil case.

    Not only was Akingbola denied his right to appeal the decision of Mr. Justice Burton of the High Court of England, the court also relied on hearsay testimonies of four claimant witnesses (Mr. Mahmoud Lai Alabi, Mr. Owolabi, Mrs. Folake Akingbade and Mr. Olusola Olayinka) to establish the truth of allegations made against Akingbola without producing them for cross examination he argued. All the Banks witnesses refused to come to court to testify on oath and be cross examined on their witness statements.

    Consequently, Olanipekun concluded: “If likelihood of bias does not vitiate a judgment in other climes, it certainly does in Nigeria. If hearsay evidence can ground a judgment in the UK, same cannot ground a judgment in Nigeria; Furthermore, if fraud can be proven in UK on the balance of probabilities, such procedure is expressly forbidden in Nigeria”.

  • Nuclear Law and policy in Nigeria

    Nuclear Law and policy in Nigeria

    BOOK REVIEW

    Title: Nuclear Law, Policy and Regulation
    Author: Prof. Epiphany Azinge (SAN)
    Book
    reviewer: Adejoke Adediran
    Pages: 283
    Publishers: Nigerian Institute of Advanced
    Legal Studies (NIALS)

    Nuclear law is the field of law related to peaceful use of science and technology for the benefit of people and its environment. This cannot be over-emphasised because it affects our daily lives one way or another and poses severe risks if not properly managed. Nuclear law also seeks to prevent the use of non-peaceful uses of nuclear energy and the proliferation of nuclear weapons by providing safety mechanisms which are developed solely for that purpose. Apart from this, legal frameworks are implemented to provide control and regulate activities related to nuclear energy and ionizing radiation which would ultimately help in sustainable development of the environment and its people.

    The International Atomic Energy Agency which is an international organisation helps to promote the use of nuclear energy for peaceful purposes while curbing its use for any military related activity. In Nigeria, the Federal Government is committed to harnessing nuclear technology for the various sectors and it aims to achieve these goals through the establishment of regulatory bodies for this purpose. For instance, The Nigerian Nuclear Regulatory Authority is mandated to regulate radiological protection of nuclear safety in order to ensure protection of life and environment from these harmful substances. The Nigeria Atomic Energy Commission (NAEC) is another body which was established with the aim of developing and promoting nuclear technology in Nigeria.

    The first chapter of this book is written by Prof. Nwogugu, E.I and titled: General Introduction to Nuclear Law and International Framework for Nuclear Regulations: An Introduction to the International Atomic Energy Agency. The writer begins by giving a brief history of atomic energy which may be traced back to the significant scientific developments that took place during the Second World War by the United State and as a result of which a movement arose to turn the development of atomic power for peaceful and humanitarian purposes. He also goes on to discuss how the International Atomic Energy Agency (IAEA) came to be which serves as the UN’s watch dog on atomic power matters and talks about the functions and objectives , members and the various organs of the Agency as provided for by the IAEA Act.

    The second chapter of this book is written by Peter Ademu Anyebe and titled: Review of the Mandate of the Nigerian Nuclear Regulatory Authority and Nigerian Atomic Energy Commission’. Here, the writer reviews the mandate of the Nigerian Nuclear Regulatory Authority which was established by former Nigerian president, Chief Olusegun Obasanjo as provided for by the Nuclear Safety and Regulatory Protection Act of 1995. He discusses the NNRA’s overall responsibilities for nuclear safety and radiological protection throughout the country. He gives examples of the robust and rapid developments of nuclear power for peaceful purposes in the petroleum industry, health sector, manufacturing industry, mining industry, construction industry, agricultural and water resources, education sector and research. He then goes on to discuss the duty owed by the employer towards its employees on the management of radiation protection. Lastly, he discusses the mandate of the Nigerian Atomic Energy Commission and explains the roles of some of the relevant regional and international organisations in the area of radiation protection. In his conclusion, he opines that these legislations and regulations meet the IAEA minimum international standards on the requirements for the protection and safety on the use of radiation and radioactive materials in Nigeria.

    Chapter 3 of this book is written by Omole Temitope and titled: An Examination of the Development of Nuclear Capacity for Peaceful Purposes. The writer begins by expressing that even though nuclear energy can be catastrophic when used for an evil motive, nuclear material and technology plays a significant role in the growth of an economy when used for peaceful purposes. He goes on to list regulatory authorities in Nigeria and their role towards a safe, secure and peaceful environment through implementation of peaceful application of nuclear energy. The Federal Government also established two University-based nuclear research and training centre to develop safe applications for nuclear technology in medical and human health, food and agriculture, management of water resources and the energy sector. Lastly, he discusses the roles of the IAEA , NESREA, Ministry of Environment , NNRA and the Nuclear Nonproliferation Treaty (which was established to stop proliferation of weapons and eliminate those in existence).

    Chapter 4 of this book titled: Analysis of the Chemical Weapons Convention 1993 and Syria’s Use of Chemical Weapons in 2012 and 2013: Implications for World Peace is written by Dr Lar. The writer discusses the continuous use of chemical and biological weapons by the Syria regime recently and Iraq in the 1980s which brought about grave consequences . There is an extensive collection of articles which dwells of the chemical weapons, 1993 in which State parties pledged to eliminate chemical weapons for the good of mankind and the writer seeks to analyse it in this chapter. The writer goes ahead to also analyse the use of chemical weapons by Syria and reactions of the International community. Most importantly, he discusses the chemical weapons, 1993 as well as the general obligations outlined in the convention as it relates to other international Agreements.

    Chapter 5 is titled: Dealing With the Challenges of Nuclear Hazards: The Place of Law and Policy and is written by Vivian C. Madu. The writer pinpoints the risks associated with the use of nuclear materials to human health and safety to the environment and the need for protection in order to safeguard life and our environment. She then goes on to highlight the standards, guidelines and recommendations by the international and regional organisations as well as various domestic frameworks which are essential in assisting countries establish and maintain national standards for the management of nuclear waste and hazards. She outlines the different types of waste and hazards associated with use of nuclear energy. According to the writer, efforts to help regulate nuclear activities because of the high risks associated to it are not regulated. She further goes on to discuss the hazards associated with nuclear energy usage. The NNRA and its role in the formulation of Nigeria nuclear laws and regulations are discussed as well as the offence, penalties and liabilities of users of these radioactive sources. She concludes by stating that there is need for compliance with national and international laws for the work of these bodies to be fully actualized.

    Chapter 6 is titled: ‘Nuclear Materials: Physical Protection and Emergency Preparedness and is written by Francisca Nlerum Ph.D. The nature, uses and effects of nuclear materials as well as the need for protection is discussed by the writer. She goes on to state that the responsibility for physical protection against nuclear energy and weapons rests with the government. The different conventions, laws and institutions channeled towards the physical protection of nuclear materials which are established in order to provide safe and secure production and usage as well as in times of emergency are also discussed. She makes it clear that even though most countries use nuclear energy for peaceful purposes, there is need to be prepared at all times owing to the fact that potential risks are inevitable. As a result, emergency preparedness is very essential to act as a support system in the safety of the utilisation of these nuclear materials in order to promote safety of life and environment. She then goes on to list various legislative, regulatory and competent authorities in aiding compliance of physical protection of nuclear materials both in and outside Nigeria and lists out some of their aims and functions.

    Chapter 7 is written by Awolalu Damilola Odunayo and is titled: Is Nuclear Terrorism the Next Phase of International Terrorism? The writer seeks to explore the issue of nuclear terrorism and the ever present role it plays in international terrorism. The writer analyses these issues in different ways. Firstly, he gives an insight into what terrorism is as well as mentioning the different forms of nuclear terrorism. Secondly, he delves into nuclear weapons and explains how terrorists gain easy access to these weapons before highlighting the risks attributed to nuclear terrorism. He explains the route taken by international communities to help combat nuclear terrorism and the laws and policies used to protect people against nuclear weapons and the proliferation of nuclear weapons. He concludes by noting that although there is a commendable number of international Agreements and treaties geared towards the prohibition of terrorism, it is not sufficient enough to deal with the present day acts of terrorism.

    Chapter 8, which is titled: National Interests, National Security Concerncs and their Implications on Nuclear Policy, is written by Shankyula, T.S. & Dr. M.M. Dura. The writer begins by reiterating the fact that there are numerous benefits gotten from the development of nuclear energy when used positively. He goes on to discuss the policies that are put in place by government to monitor and control national security, safety, and public interests as it relates to nuclear energy. He outlines the implications of these policies as it relates to national security in Nigeria and discusses national institutional framework and government policies for nuclear power development. He concludes by listing his observations and recommendations on national security which according to him would be achieved through implementation of policies that are generally viewed as acceptable for the interests of the general public.

    Chapter 9 is written by Morenike Ouwole Aguda and is titled: ‘Nigeria’s Quest for Nuclear Capacity and National Development’. The writer seeks to examine those plans which are currently ongoing aimed to providing more nuclear energy benefits with little adverse effects. He goes further to highlight these benefits and discusses the Nigerian regulating laws which he feels are not adequate enough to help minimise the risks involved in exploring nuclear energy as a power source in Nigeria while bearing in mind our level of environment coupled with the fact that our environment is different from that of developed nations.

    Chapter 10 is written by Uzoma Prince-Oparaku and is titled: Nuclear Capacity Building and the Environment. The writer brings to bare the effective control and monitoring of nuclear technology acquisition for peaceful purposes ultimately ensuring a sustainable environment. He also discusses the application of nuclear products as well as sets out effective ways of disposing hazardous nuclear wastes.

    Chapter 11 is titled: The Use of Nuclear Energy for Peaceful Purposes: Issue and Challenges and is written by Prof Nwogugu, E.I. Here the writer starts his paper by rightly stating how the use of nuclear power first came to light and because of the colossus destruction of life and property, there was need to devise means to ensure that nuclear power was solely used for peaceful purposes. He goes on to discuss the IAEA which was established to promote and foster the growth of atomic energy for peaceful use while trying to control its usage for military activities/purposes. The writer concludes by stating that even though the IAEA plays its role in providing assistance to developing countries through the application of nuclear techniques, it should desist from resting on its oars and do more in ensuring efficient performance of these functions in all areas of development.

    Chapter 12 is written by Anele Kalu Kingsley and is titled: Rogue States with Nuclear Capacity: Challenges to World Peace and Stability. The writer begins by giving a brief definition of the word ‘rogue states’ and goes on to give a brief background of its concept. He emphasises the need to end the development of nuclear weapons permanently as well as ensure that existing weapons are destroyed. He goes on to state that more efforts should be put in place to persuade these rogue states and terrorist groups to accept peace and democracy. The paper is divided into 6 sub headings. The first sub heading introduces the topic of the paper. The second sub heading gives meaning and definition to certain words for easier comprehension. The third sub heading tries to form a link between the rogue states and these nuclear weapons for better understanding of how these terrorists perform their activities. The fourth examines the legal framework for controlling arms and preventing the proliferation of nuclear weapons. In the fifth sub heading the writer discusses his recommendations on achieving world peace and stability. He ends on the sixth chapter where he concludes by stating that states should observe all their instruments which seek to curb terrorism and also be mindful to take drastic actions as it relates to foreign policy.

    Chapter 13 is written by Oladeji Ifeoluwa and is titled: The Development of Nuclear Capacity for Non-Peaceful Purposes: Contentious Issues and Responses. In this chapter, the writer discusses the level of damage brought about by nuclear material usage. He concludes by pointing out that there is need for all treaties relating to nuclear developments to be reviewed as soon as possible. He opines that these will help promote equality among all countries and in essence, ultimately help to combat atrocities carried out by terrorists through the use of nuclear weapons. The writer also adds that in the area of inspection, the IAEA needs to improve on its enforcement, monitoring and verification mechanisms.

    Chapter 14, which is titled: Ensuring Nuclear Safety and Liability for Nuclear Damage, is written by Dr M.M. Dura. The writer helps us to understand that because of the greater risks associated with nuclear activities than with other form of activities; there was great need for the liability for nuclear damage to be subjected to a different legal process. Still the writer is doubting that many countries have embraced this idea and laid down adequate principles especially amongst developing countries who also engage in the usage of nuclear energy through the development of nuclear power plants for peaceful energy to ensure that the environment as well as its people is safe from all forms of danger attributed to nuclear sources. The writer goes on to list the different types of liabilities as well as damages that can be awarded to the offended party. He discusses his observations as well as recommendations which includes taking preventive measures to ensure safety to individuals and the environment. He concludes by making it clear that even though the different conventions makes provisions for compensation of victims of nuclear disasters, in reality, these victims are hardly compensated and adds that States have a duty to ensure that these safety mechanisms are implemented and in cases where the offender is found guilty of causing harm to the victim, he should be held accountable.

    Chapter 15 is titled: Compensation for Nuclear Damage: The Role of Insurance and is written by Fola Daniel and Talmiz Usman. The writer seeks to highlight the role of insurance as it relates to compensation for damages caused by or emanating from nuclear activities. He goes on to discuss the meaning, scope and the role of nuclear damage insurance. Insurance in general is very important in restoring losses caused by one activity or the other and it is certainly not an exemption when it comes to compensation for nuclear damage.

     

    Comments

    The 283-page book comprises 15 chapters contributed by renowned scholars and researchers from within and outside the Nigerian Institute of Advanced Legal Studies. It is edited by Prof Epiphany Azinge SAN, the Director-General of the institute and Mr. Shankyula Tersoo.

    As the editor Azinge writes in the foreword, the book represents one of its kind in Nigeria and seeks to create awareness and stimulate further discussion on this all important aspect of scientific advancement. The book in my opinion has blazed a trail and represents a major contribution to knowledge in this new area of law.

    It is a commendable addition to the NIALS stated determination to advance the frontiers of knowledge in the field of law.

     

    Observations

    There were a few typographical errors as well as some editing errors which affected the flow of reading and some chapters failed to elaborately discuss the topic in view.

     

    Recommendations

    Overall, the book gives a good understanding of Nuclear Law. It discusses the legal framework for conducting nuclear energy and ionizing radiation activities. It gives an understanding on the characteristics of nuclear law, and seeks ways in which the development and safety of nuclear energy can be strengthened for the protection of its people and environment.

    I feel that stakeholders to Nuclear policy and research should embrace this well researched work for more enlightenment on the subject matter.