The Nation Newspaper

Category: Law

  • Woman, 70, gets six months suspended jail term for child abuse

    An Oyo Magistrate’s Court has sentenced a 70-year-old woman to six month suspended jail term after finding her guilty of child abuse.

    Magistrate Jejelola Ogunbona, convicted Madam Sarah Omobonike after she pleaded guilty for abusing her grand daughter, Motunrayo Adewale.

    Adewale was  alleged to have  stolen  N100 from her class teacher.

    The court also ordered that Madam Omobonike be under probation for six months and cautioned her not to appear before any court again on similar or other offences.

    The magistrate also ordered  that the state government should take up the victim and rehabilitate her.

    The wife of the executive governor of Oyo State, Mrs Florence Ajimobi had on Wednesday, February 12, 2014 at Oyo West Local Government Area of the state rescued  the 10-year-old Adewale from the clutches of her grandmother who was maltreating her.

    Mrs Ajimobi saw the young girl hawking sachet of pure water at Baptist Primary School, Isokun, Oyo town  while she was distributing foodstuff to women in the area, courtesy of the Ajumose Food Bank project.

    When Mrs Ajimobi saw her, she noticed that the young girl   had a  swollen eye which could not open while the other eye was dripping water. She also noticed big cane marks all over her face.

    When asked what happened to her, the little girl told Mrs Ajimobi that she was an orphan and was beaten on the eye by her grandmother.

    She said she had not been given any treatment since the incident happened.

    Mrs Ajimobi sent for the grandmother and she confessed that she was the one that beat the young girl because she stole. She also confirmed that the girl’s eye cannot see again.

    At the court proceedings she admitted that she was guilty and pleaded with the court to temper justice with mercy.

     

  • Lagos accuses Federal Govt of disobeying Supreme Court

    Lagos accuses Federal Govt of disobeying Supreme Court

    The Lagos State government has accused the Federal Government of flouting a Supreme Court verdict by putting up the implementation of tourism projects across  the states.

    The Commissioner for Justice and Attorney-General, Mr Ade Ipaye, said the federal government violated the Supreme Court verdict delivered last year in a case between the Attorney-General of the Federation and Attorney-General of Lagos.

    According to him, the Minister of Culture and Tourism on March 4, informed the National Assembly that the Federal Government required N25 billion to implement the country’s Tourism Master-plan.

    The Director-General of Nigerian Tourism Development Corporation (NTDC), Ipaye noted, informed the press about the tourism plans to be implemented in the states.

    According to Ipaye, the moves by the Minister of Culture and Tourism and NTDC Director-General were a negation of the Supreme Court order.

    Last July 19, the Supreme Court held that the Federal Government’s power on tourism matters, as specified in Item 6(d) of the Exclusive Legislative List (1999 Constitution), was limited to the regulation of tourist traffic’.

    “By this judgment, the Supreme Court has interpreted this as covering only the entry and exit of international visitors through visa and immigration regulations”. The Supreme Court, he further stated  concluded that regulation of tourism in Nigeria was a residual matter within the jurisdiction of state governments.

    Ipaye  quoted from the lead judgment delivered by Justice Galadima, where the Justice of the Supreme Court said:

    “In my view the Dictionary definition of “Tourist’ and ‘Traffic’ would accord to my own understanding of simple and natural meaning of the two words. The words ‘tourist traffic’ used in Item 60(d) of the second schedule of the Constitution, alludes to the ingress and egress of tourists from other countries. These are international visitors or foreigners.

    “In the light of the foregoing, the contention of the plaintiff that matters pertaining to the regulation, registration, classification, grading, of hotels, motels, guests houses, restaurants, travel and tour agencies, and other hospitality and tourism related establishment are matters within the Exclusive Legislative List, and cannot be sustained.

    “In effect, the Federal Government lacks the constitutional vires to make laws outside its legislative competence which are by implication residue matters for the state Assembly: the National Assembly cannot, in the exercise of its powers to enact some specific laws, take the liberty to counfer power or authority on the Federal Government or any of its agencies to engage in matters which ordinarily ought to be the responsibility of a state government or agencies.

    “Such pretext cannot be allowed to endure to the Federal Government or its agencies so as to enable them encroach upon the exclusive constitutional authority conferred on a state under its residual legislative power.

    Ipaye pointed out that tourism and cultural festivals that take in place in Lagos State, such as the Adamu Orisa, Black Heritage Festival, Lagos Carnival and New Year countdown were promoted and funded by Lagos State Government without any input from the Federal Ministry of Tourism and Culture or its agency.

    He expressed the fear that money allocated from the federal purse to support festivals may end up with states perceived as friendly, to the detriment of others.

    He urged the Federal Government to pay more attention to the Police and Prison Authorities, adding that poor funding of both federal institutions was putting pressure on state security and adversely affecting the criminal justice system.

    States such as Lagos, Ipaye noted, were already spending billions of naira to supplement federal agencies on security.

    He, therefore, advised the government to focus more on its core responsibilities instead of allocating funds to tourism, which is a local and residual matter for states.

  • Lawyers bid ex-NBA chief farewell

    Lawyers bid ex-NBA chief farewell

    Judges and lawyers converged on the foyer of the Lagos High Court, Igbosere, Lagos last week in honour of the late secretary of the Nigerian Bar Association (NBA) Lagos Branch, Mr. Babatola Eyitayomi Apata.

    Apata, 41, was involved in a motor accident while going to Ado Ekiti, the Ekiti State capital, to attend the NBA Executive Council meeting. He died shortly after he was discharged from the hospital.

    The valedictory service attracted top shots of the judiciary including the NBA President, Mr. OKey Wali (SAN); Justice Funmilayo Atilade; Justice Morenike Obadina; Justice R.I.B. Adebiyi; Justice Ebenezer Adebajo and Justice Sybil Nwaka, among others.

    Wali described Apata as a calm and optimistic young man of impeccable character and integrity.

    Wali, who was represented by the General Secretary, Emeka Obegolu, described Apata as a thoroughbred professional and an active Bar man who believed in professionalism.

    ‘’I am pained by the loss of a vibrant young man, I am pained by the death of a dynamic, young Bar man, lost in the course of service to his dear profession,’’ Wali said.

    He prayed  to God to  give his wife and other family members the fortitude to bear the irreparable loss.

    Chairman, NBA, Lagos branch, Mr. Alex Muoka described Apata’s death as a great loss to the bar. Morka urged lawyers to strike a balance between work and life, saying “lawyers seem to have little time for their health due to tight schedule at courts and office”.

    He remarked that lawyers in the state would  mourn Apata for a long time given his contributions to the bar in the state. “Apata  served the association well as its General Secretary in 2013,” he said.

    In his remarks, representative of the Attorney-General and Commissioner for Justice, Lagos State, Mr. Lawal Pedro (SAN) said the late Apata was one of the promising young lawyers from the Lagos Bar.

    He described late Apata as an active Bar man whose conduct should be emulated.

    The representative of Body of Senior Advocates of Nigeria, Mrs. Titilola Akinlawon (SAN) said Apata would be remembered for his uprightness and resourcefulness.

    Former NBA Lagos branch chairman, Mr. Taiwo Taiwo described the late Apata as a man who lived a very good life.

    He urged his colleague to give special attention to the families of those who lost their lives while serving the Association.

    ”Let me appeal to lawyers, we should always give our last respect to those who die in active service, those who die in the course of serving the Nigerian Bar Association,” he said.

    A former General Secretary of the Lagos Branch of the NBA, Mr. Seth Amaefule said Apata was a gentleman and someone who holds his views very strongly.

    Amaefule noted that in the suit he and some lawyers filed against the new NBA practicing fee, after the decision of the Court of Appeal, Apata was one of the resource persons he consulted for the way forward.

    “Although he did not want to associate openly because of his position at the NBA, but he still went ahead in giving me certain materials to use in the appeal to the Supreme Court. And unfortunately that was the last time I spoke with him,” he added.

  • Minister raises District courts’ jurisdiction

    •Ombudsman Unit inauguration

    The Minister of the Federal Capital Territory (FCT), Bala Mohammed has approved the recommendations the Chief Judge of the Federal Capital Territory (FCT) High Court, Ibrahim Bukar for an increase in the jurisdiction of the District Court of Judges.

    The minister has accordingly signed into law, the increase in jurisdiction of District Court of Judges, and it is to be cited as the District Courts (Increase in Jurisdiction of District judges) Order 2014 and comes into force on February 14, 2014.

    The Head of Information, FCT High Court, Mrs Tabitha Kangiwa said in a statement that Justice Bukar’s recommendation to the minister  was pursuant to the provisions of Section 17 of District Court Act (Cap) 495) Laws of the Federation of Nigeria 1990 and Section 18 Paragraph (b) of the FCT Act Cap 503 laws of the Federation 2005 (Abuja).

    She explained that with the coming into effect of the new order, a Chief Judge I and II as well as District Judge I shall have and exercise jurisdiction in civil cases in all personal suit from contract or tort above the earlier value.

    “In the Order, any annual value of rent that do not exceed N5million is under the jurisdiction of Chief District Judge I, N3million in the case of Senior District Judge II and N1m in the case of District Judge I. The above shows an increase in the amount to what was obtainable in the courts prior to this Act. With the development, the Order of 1997 is revoked.

    “In view of this, the High Court of the FCT deems it fit to inform the general public of the order, duly signed by the Minister,” she said.

    Mrs. Kangiwa said the increase in the jurisdiction of District Judges in the FCT was last done in 1986 by the then Minister, Gen Jeremiah Useni (rtd).

  • Institute honours Mukhtar, Adoke, others

    Institute honours Mukhtar, Adoke, others

    The Nigerian Institute of Advanced Legal Studies (NIALS) has honoured Chief Justice , Aloma Miriam Mukhtar, the Attorney-General of the Federation, Mohammed Bello Adoke (SAN) and some its workers

    Justice Mukhtar got the NIALS’ Personality Award, Adoke, the NIALS’ Gold Medal Award for Outstanding Leadership. The Institute’s Legends Award went to all past Directors-General, including Dr. Timothy Aguda (post humously), Prof. Ayo Ajomo, Prof Ignatius Ayua (SAN) and Prof. D.A. Guobadia.

    Long Service Awards went to those who have served the Institute for some years. They are: Mrs. Edunjobi Adebola 1981-till date; Mr. Isedowo Joseph Oludare 1982-till date; Mrs. Laminkara Ufuoma 1985-till date; Ojo Omoniyi Matthew 1985-till date; Mrs Ebone Janet Onos 1985—till date; Mr. Omozokpia Sunday 1987—till date; Mrs. Fajuyibe Veronica Titilayo 1989- till date and Mr. Daniel Hanson Eyo 1989 -till date.

    The Most Innovative Staff Award went to Mr. Hussein Ali while Outstanding Service Award was won by Ms Charity Addingi.

    NIALS’ Oustanding Administrative Staff award was won by Mrs Comfort David-Uma while Best Staff of the year went to Laura Ani; Academic Excellence Award was won by Uche Ngwaba and Most Prolific Research Fellow Award was won by Joke Adediran.

    The Institute’s Director-General, Prof Epiphany Azinge (SAN) in a chat with The Nation, said he was satisfied that the 35th anniversary of the institute was remarkable.

    “I am very very fulfilled and highly satisfied that it turned out to be a very remarkable 35th anniversary of the Institute. We have been able to bring to public domain the activities and achievements of the Institute for the past 35 years; the relevance and continued importance of the institute in the scheme of things in this country and the fact that we have been able to live the dreams of our founding fathers. To a very large extent, we have been able to satisfactorily achieve the mandate prescribed by the law setting up the Institute.

    “We are happy that we have made major breakthroughs in terms of our research. We have been able to build capacity for governments legal officers and other practitioners, who are in private practice. We have been the custodian of the continuing legal education with integrity and the high level of expertise at our disposal that has helped us to train as many people as possible. In terms of legal research, we are obviously miles ahead in the field of socio-legal research we have engaged in. In many and diverse respects we have been able to afford government the opportunity to utilise them in very productive manner,” he said.

    Azinge added: “In terms of the publication of journals, I can say without equivocation or contradiction that we are easily the best in the world, at the last count, we could talk of about 20 Journals, peer review Journals of international standards. Some are the first of their kind anywhere in the world and they are all running and running effectively.

    “We give opportunity to faculties and members in other law faculties, to publish their research findings and make their views known on some of the critical issues in law and development, through our roundtables and policy dialogues. We have remained the focus of academic engineering in terms of law and related disciplines in the sense that we use that forum to explore issues that have not been well exploited hitherto.

    “Our communiqués have been very useful to us and to all the authorities that are interested and we have continued along that line. He said the institute’s public lectures have been used to lead discourse in various areas such as memorial lectures, Diaspora lectures and the public service award lectures. “We made sure that we invited formidable legal scholars and jurists to espouse their opinion on very topical issues. And within Nigeria, we have ensured that our Nigerian scholars have remained engaged. On the whole, we have been able to champion issues that are germane to the development of law in this country,” he said.

    A worker, Prof. Deji Adekunle said: “I feel proud to be a member of this family and also to know that it is an Institute that has built a very strong legacy and there is no doubt that if you look at the past 25 years, the Institute has carved a niche for itself in the country.”

    On what is expected from the Institute in future, Prof. Adekunle said: “We will build on the foundations built by the founding professors.“

    Some of the awardees expressed delight at their awards. One of them, Mrs. Comfort-David Uma said: “I am highly elated, I am happy and greatly encouraged to work harder.

    Another recipient, Adejoke Adediran said: “I feel very very thankful, I feel appreciated and I really feel good. The award will make me perform better. I am not going to rest on my oars, I will definitely perform much better.”

    The best staff of the year, Laura Ani said the award would motivate her to do her best and increase her performance in service delivery.

  • FOOD, KEY TO NATIONAL SECURITY

    FOOD, KEY TO NATIONAL SECURITY

    One of the greatest challenges to our country’s general wellbeing, as shown by the recent ill-fated Nigerian Immigration Service’s employment fiasco, is youth unemployment. Many have appropriately described it as a time bomb. Clearly, the greatest tragic consequence of unemployment is hunger. And as the cliché goes, a hungry man is an angry man. In local parlance, we say, man must wak. So, unless something is urgently done about unemployment, especially at the youth level, our country is staring at its own Armageddon. Discussing this national emergency with a friend, who has invested in chicken farming, he lectured me on the immense potentials and challenges of that sector.

    According to him, if only the Ministry for Agriculture, the Bank of Industry, the Bank of Agriculture and other key interest groups could put their thinking cap, that sector is enough to dwarf the touted 1.5 million employments that the present federal government claims to have generated. My friend gave a clinical comparison of the chicken value chain in a country like Brazil and compared it with his practical experience in Nigeria. From his analysis, while there is standardization in the production chain of chicken in developed countries, the reverse is the case in Nigeria. He gave a practical example, that while the drum-stick eaten in restaurants across cities of Europe and America are substantially similar, you find different sizes, and of course lower quality, in the ones eaten in Nigeria. He said that the landing cost of an imported chicken parts, is about half of the cost of the locally produced, despite the added cost of transport. He ticked off the extra costs that make local production uncompetitive, and proffered solutions to those challenges.

    No doubt, I was impressed with his analysis of the challenges and potentials of an improved chicken value chain, and I told him so. In fact, I told my friend that he has a patriotic responsibility to our country seething in angst of youth unemployment and the nihilistic insurgency, to share his ideas with the Honourable Minister of Agriculture, Dr. Akinwumi Adesina, and possibly other key drivers of the agricultural sector. Well, that is if the Honourable Minister is not already satiated with his well advertised, but truly impressive award as Forbes African Person of the Year? But why should he, considering that President Jonathan’s administration is faced with perhaps the greatest security challenge in the history of our country, since our last unfortunate civil war.

    As a matter of fact, there is little doubt that the greatest inducement to the armed challenge that our country is facing in the North Eastern states and increasingly now in the Middle Belt states is poverty. The poverty index in the affected states is abysmally higher than the equally high poverty index in other parts of the country. This critical state of affairs is daily made worse by the exponential youth unemployment, from where the armed bearing militants are easily recruited. And according to the Honourable Minister who has shown impressive excitement in the discharge of his duties, despite criticism from the press, agriculture is the key to the unemployment challenges facing our country, and I add, the Boko Haram insurgency in the North East and the menace of the Fulani herdsmen in the North Central

    The United Nations, World Bank and other multinational development agencies have confirmed inexorably the connection between poverty and insurgency. In a recent interview with this paper, the Bornu state Governor, Kashima Shetima was sport on this connection, when he said: “there is a lot of correlation between the poverty that has engulfed the North Eastern region of Nigeria and the Boko Haram insurgency. Because the World Bank described the Northeast portion of Nigeria, the Republic of Chad, the Republic of Niger, and the Darfur region of Sudan as one of the poorest places on Earth. Hence the emergence of militant organizations like the Janjaweed militia and the Boko Haram in the Northeastern region. And I believe once we engage the youths, once we create jobs, this madness, this nihilism will evaporate”.

    Those who try to play down this connection are merely playing the ostrich. And unless we act very urgently, the entire country may soon be engulfed in an insurrection by the youths, whose patrimony has been criminally wasted by decades of irresponsible leadership. Of course, the quickest and the only realistic way to go, is agriculture. Otherwise we will continue to suffer our country’s peculiar contradictions of national economic growth, without corresponding impact on the populace. Indeed, according to Goldman Sachs, Nigeria ranks amongst the next 11 emerging markets group, even when it also acknowledges that about 100 million of its population is living on less that $1.25 a day. Also, according to the National Bureau of Statistics, 60.9 percent of Nigerians in 2010 were living in absolute poverty, up from 54.7 percent in 2004. This staggering increase in the poor, regrettably amidst ‘plenty’, may explain the unlimited supply of canon fodders to the Boko Haram madness.

    Speaking to a Financial Times Publications Limited publication, Dr. Adesina put his enthusiasm in historic perspective thus: “We were not looking at Agriculture through the right lens. We were looking at Agriculture as a development activity, like a social sector, in which you manage poor people in rural areas. But Agriculture is not a social sector. Agriculture is business. Seed is business, fertilizer is business, storage, value added, logistics and transport – it is all about business.” He added that “Agriculture is the future of Nigeria”. After listening to my friend, speak on the potentials of the chicken business and how and why the stakeholders must come together to improve the value chain, I have become an enthusiast.

     

  • Gusau vs Service Chiefs Who is right?

    Gusau vs Service Chiefs Who is right?

    The rift between Minister of Defence Gen. Aliyu Gusau (rtd) and the Service Chiefs over the handling of the Boko Haram insurgency blew open last week. Gen. Gusau wants the military chiefs to avail him of their operational tactics, but they are not ready to do so, citing the National Security Agencies Act and the Nigeria Armed Forces Act. How will this feud be resolved?  Precious Igbonwelundu reports.

    Background

    He is not the first Army General to be the Minister of Defence since the return to democracy in 1999. There were General Theophilus Danjuma (rtd) and General Godwin Abbe (rtd). But, barely one week after he assumed office as the Minister of Defence, General Aliyu Gusau (rtd), reportedly threatened to resign after an alleged refusal by the Service Chiefs to divulge intelligence and operational strategies to him in the fight against the Islamic sect, Boko Haram.

    Gen. Gusau and the Minister of State for Defence, Musiliu Obanikoro had summoned the Chief of Defence Staff (CDS); Chief of Army Staff (COAS); Chief of Naval Staff (CNS) and Chief of Air Staff (CAS) and strategic commandants for a meeting. But only the CDS, Air Marshal Alex Badeh, attended and told the ministers that the Service Chiefs were coordinating operation in the Northeast.

    Being a retired Lieutenant-General and a former National Security Adviser, Gen. Gusau was said to have felt slighted by the absence of the Service Chiefs at the meeting, an action he described as “disrespectful”.

    He was also said to have told Air Marshal Badeh that he would want to meet directly with the service chiefs and strategic commandants to dish out operational orders to them, which the CDS stiffly opposed and insisted that only the President and Commander-in-Chief can exercise such powers.

    Gen. Gusau, who reportedly saw the CDS’ position as being rude, was said to have written the President, expressing his frustration, especially because he had given some conditions before accepting to serve as the Defence Minister.

    Though the ministers and the chiefs were said to have met at the weekend to resolve grey areas, it was not immediately clear how the superiority quest would be tackled.

     

    His terms

     

    Gen. Gusau, when taking the job had, among other things, allegedly stated that he should be made the coordinating Minister for Defence; given free hand to operate, do whatever he can to confront the security challenges facing the nation as well as the opportunity to resign anytime from the cabinet if he is displeased with the situation or if he feels that he has fulfilled his mission in the Federal Executive Council (FEC).

    As Coordinating Minister for Defence, it implies that Gen. Gusau will play a supervisory role in the Armed Forces and other security agencies, a situation the Service Chiefs were said to have opposed.

     

    Their argument

     

    The Service Chiefs claimed that since the ongoing operation in the Northeast is tactical, they cannot sit down with the minister to discuss their strategies and intelligence issues. They insisted that doing so will be contrary to the provisions of the National Security Agencies Act, 2004, and the Armed Forces Act, 1993.

    The Service Chiefs further argued that by virtue of Section 217 and 218 of the 1999 Constitution, it is only the President who has powers to direct them on operational tactics and such powers can only be delegated to any of the service chiefs, but not a minister.

    The situation has generated concerns, especially coming at a time when the country has severely suffered from the activities of Boko Haram. While some analysts believe that Gen. Gusau, being a respected retired military officer, did the right thing by asking the Service Chiefs to give him intelligence reports on their operations, others are of the view that it could lead to sabotage since the President had at several fora admitted that Boko Haram apologists were in his cabinet.

    Other Nigerians also argued that Gen. Gusau should allow the chiefs the free hand to do their jobs as there are differences among professionalism, constitutionality and politics. They argued that in issues of defence and security, any supervising minister in the ministry is just a political head and should not ask for more than necessary.

    To them, whatever agreement the President entered with Gen. Gusau was a nullity, since there are constitutional abridgment and clear-cut provisions regarding the operations of the Armed Forces.

     

    Issues for determination

     

    Although President Goodluck Jonathan was said to have waded in to stop Gusau from resigning, there are still unresolved issues for determination. Among them are whether the purported agreement entered into by the President and Gen. Gusau can stand the test of time amid constitutional provisions on the operation of the Armed Forces? Pursuant to Section 5(1) of the Constitution, can the Minister of Defence exercise the President’s powers as a delegate to the extent of dishing operational orders to service chiefs? Being a political appointee, how healthy would it be to subject the nation’s entire security apparatus to his control? What are the legal provisions with regards to the running of the Armed Forces? How best can the situation be addressed to avoid a recurrence?

     

    What the laws say

     

    Pursuant to Section 5 of the 1999 Constitution, every Minister of the Federal Republic of Nigeria is a delegate and can act on behalf of the President or Federal Government.

    Section 5(1)(a) provides that the executive powers vested on the President may be exercised by him either directly or through the Vice President or Ministers or other officers in the public service of the federation.

    However, such exercise of powers, the section stated, are effective to the point where there are no other enactments of the National Assembly restricting such powers.

    The Constitution went further in Sections 217 and 218, under the establishment of the Nigerian Armed Forces, and provided that the President in exercising his powers as Commander-in-Chief of the Armed Forces, shall determine the operational use of the armed forces of the Federation, which include powers to appoint Service Chiefs and heads of other branches of the Armed Fforces.

    According to Section 218 (3), the President may, by directions in writing and subject to such conditions he thinks fit, delegate to ‘‘any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.’’

    In the same vein, the Armed Forces Act, 1993 stipulates the person saddled with the day-to-day operation of the system, which is the CDS. Although the Minister of Defence is senior to the CDS, his responsibility under the Forces Council does not include dishing orders to the Service Chiefs.

    The Act in Section 5(1) provides for the establishment and composition of the Armed Forces Council, where the President is Chairman and the Defence Minister and Service Chiefs are members. It states that the Forces Council shall, under the authority of the President, be responsible for the command, discipline and administration of, and for all other matters relating to the Armed Forces, but ‘‘(2) the responsibility of the Forces Council shall not extend to the operational use of the Armed Forces.’’

    Section 7(1) states: ‘‘The Chief of Defence Staff shall, subject to the general direction of the President and of the National Assembly, be vested with the day-to-day command and general superintendence of the Armed Forces.

    ‘‘(2) Notwithstanding the provisions of subsection (1) of this section, the President may make regulations – (a) as to the Service Chiefs in whom command over the respective service is vested; and (b) as to the circumstance in which the command is to be exercised.

    ‘‘(3) Without prejudice to the generality of the provisions of subsection (2) of this section, regulations made under this section may provide for the duties, functions and powers of the Chief of Defence Staff and the respective Service Chiefs.

    ‘‘8. (1) The President shall determine the operational use of the Armed Forces, but may, under general or special directives, delegate his responsibility for the day-to-day operational use- (a) of the Armed Forces, to the Chief of Defence Staff; (b) of the Army, to the Chief of Army Staff; (c) of the Navy, to the Chief of Naval Staff; and (d) of the Air Force, to the Chief of Air Staff.

    ‘‘(2) It shall be the duty of the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, as the case may be, to comply with any directive given to them by the President under subsection (1) of this section.

    ‘‘(3) In this section, “operational use of the Armed Forces” includes the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order.’’

    Similarly, the National Security Agencies Act, 2004 states thus: “For the purpose of co-ordinating the intelligence activities of the National Security Agencies set up under section I of this Act, there shall be appointed by the President a Co-coordinator on National Security.

    “The Co-coordinator on National Security shall be a principal staff officer in the office of the President. The Co-coordinator on National Security shall be charged with the duty of:

    (a) advising the President on matters concerning the intelligence activities of the agencies;

    (b) making recommendations in relation to the activities of the agencies to the President, as contingencies may warrant;

    (c) correlating and evaluating intelligence reports relating to the national security and providing the appropriate dissemination of such intelligence within government, using existing facilities as the President may direct;

    (d) determining the number and level of staff to be employed by each agency established pursuant to Section I of this Act and organising the transfer and posting of staff, especially the transfer and posting of existing staff of the Nigerian Security Organisation established pursuant to the Nigerian Security Organisation Act 1976, repealed by Section 7 (1) of this Act;

    (e) doing such other things in connection with the foregoing provisions of this section as the President may, from time to time, determine.

     

    Who said what?

     

    As the political head of the Defence Ministry, which comprises the military and civil components, the Minister of Defence (MOD) has two principal advisers viz: a permanent secretary, who is secretary of the Forces’ Council, and the CDS.

    To former CNS, Vice Admiral Jibril Ayinla, the CDS and Service Chiefs should have no constraints feeding the minister with relevant information that will assist in policy formulation to eradicate Boko Haram.

    He said: ‘‘The MOD is the political head of all the Armed Forces.  He is the head of all echelons of the higher command of the Armed Forces. So there should be no impediment whatsoever in feeding him with information he needs to formulate the strategy to fight any war including the extant insurgency ravaging our nation state.

    ‘‘The CDS and Service Chiefs along with any resource persons the MOD may co-opt, need to urgently work out the strategy and evolve tactics to nip this insurgency spreading like cancer in the bud.’’

    Another former Service Chief, who preferred anonymity, said there is a difference between politics and profession. He argued that the strength of any military is in its intelligence and such information should not be available to a political appointee.

    ‘‘If you want the job done, allow the professionals to do it. Gen. Gusau is now in politics, though he should know better. Would he have agreed to such conditions if he were still in service? It is just like me, coming to you and demanding that you submit your pen, camera and other gadgets to me; it is not done,’’ he said.

    Lawyers, who added their voices to the issue, argued that the position of the CDS and Service Chiefs should not be viewed as insubordinates since there are clear legal provisions to back their claims.

    The Nigerian Bar Association (NBA), Ikeja Branch Chairman, Monday Ubani, and constitutional lawyers Norrison Quakers (SAN) and Sabestine Hon (SAN) said the outcries were unnecessary.

    Ubani said the matter on hand was not one issue of who is right or wrong. “I would rather think that Nigeria is clearly endangered by the military brass that are managing the security system of the nation. If the ultimate desire of those managing the security of lives and properties in Nigeria is to ensure effective and efficient system of security, then we should not be talking of not disclosing operational details to the man, who ought to coordinate all the security chiefs for the protection of lives and properties in Nigeria.

    “If we all mean well for the country then the issue of crisis of confidence should not be there in the first place. It is obvious that some people are benefiting from this insecurity in Nigeria and will want it to continue forever. One is not amused by all that played out last week. There is more than meets the eye in this insecurity in Nigeria,” he argued.

    Ubani pointed out that the Minister of Defence is in charge of defence both territorially and extra territorially. “Therefore, being the eye and ear of the president on issues of security, the Service Chiefs ought to work collaboratively with him for effective defence  of the country,” he said, adding that the bickerings and outright contempt of him is clearly uncalled for.

    “He represents the president on matters of defence in the cabinet, however, the president remains the Commander-In-Chief of all the armed forces in Nigeria,” he stated.

    He noted that the office of the National Security Adviser is defined by nomenclature and that it is to advise the president purely on security matters. “The office of the Defence Minister is much more than that. Operational and administrative structures are erected by this ministry to ensure effective defence of the country in all its ramifications. Therefore, I think it is not a contradiction. However, collaboration with altruistic love for the country is the key word,” he said.

    Quakers submitted that by Section 130(1) of the Constitution, the President as Chief Executive of the Federation and  Commander-In-Chief of the Armed Forces  functions as Chairman of the National Defence Council and the National Security Council, which are established by the Constitution(Section 153(1)(g and k).

    ‘‘By the community reading of the provisions of the constitution the Service Chiefs all report to the Chief of Defence Staff, who in turn reports to the President on intelligence and operational matters.

    ‘‘A careful examination of the composition of the bodies above referred as contained in item 16 of the 3rd schedule, (part 1) of the National Defence Council, has the Service Chiefs reporting to the Chief of Defence Staff, who in turn reports to the Minister of Defence, but by the provisions of item  25, we observe that by the hierarchical structure, the Chief of Defence Staff ranks above the Minister of Defence.

    ‘‘The implication of this is that on issues of internal security such as the insurgency being experienced in the northern part of the country, the CDS reports to the President and his conduct and that of his men, must not be viewed as insubordination.

    ‘‘I really do not see the reason for any conflict between the MOD and the Service Chiefs for non disclosure of operational and intelligence matters in the fight against Boko Haram, because the powers are conferred by the Constitution and the functions are clearly set out,’’ said Quakers.

    In the same vein, Hon argued that with the coming into force of the Terrorism (Prevention) (Amendment) Act No. 25 of 2013, and Section 4 of the National Securities Act, Cap. N74, Laws of the Federation, 2004, the MOD has no role to play in the day-to-day operations and intelligence of the armed forces.

    He argued that both Acts provides that the office of the National Security Adviser (NSA) should be “the coordinating body for all security and enforcement agencies” in the fight against terrorism in Nigeria.

    From the constitutional and statutory scheme of things in Nigeria, Hon argued that the MOD is just like any other minister, hence military chiefs, though are required to confer with him on certain defence matters, may lawfully choose not to, without incurring the wrath of the law.

    Unless the necessary laws are amended, Hon said the MOD has no power, whatsoever to summon military chiefs to brief him on any matter.

    ‘‘This position has nothing to do with the person of Gen. Aliyu Gusau, a highly respected and thorough-bred ex-Army General. The law is what it is and is not what it ought to be.

    ‘‘Whatever agreement Mr. President may have reached with Gen. Gusau prior to the latter’s appointment as Defence Minister is inferior and must give way to the Constitution of Nigeria and all the relevant laws cited above,’’ said Hon.

     

    The way out

     

    Making reference to the United States Intelligence Act, 2004, and the Philippine Human Security Act, 2007, Hon said it would be dangerous to vest all security apparatus in the hands of one person or office.

    He said the nation’s laws should be amended by the National Assembly, if the fight against terrorism and organised crime must get any headway in Nigeria.

    ‘‘The office of Nigeria’s National Security Adviser is too limited in terms of financing, personnel and spread to effectively coordinate counter-terrorism in Nigeria. The US and Philippine models should be fused together urgently by the National Assembly in enacting a law to that effect,’’ he said.

    Quakers said it is important to understand whether, the issue is internal or external in order to avoid a reoccurrence.

    ‘‘I believe the reason, the MOD would have felt slighted, is because he is a retired General, who understands command structure and reporting line. The hue and cry for me is absolutely unnecessary,’’ said Quakers.

    Ubani urged for collaboration among all the actors in the security sector including Minister of Defence, the Minister of State for Defence, the CDS and the service chiefs. “They must all work together for the protection of lives and properties of both the elite and the commoners within the country.

    Patriotism and love for the country and the citizens should be on the minds of those appointed or selected to serve the country. It is a privilege for one to serve his country. It should not be for ones interest or pocket, which is the case in Nigeria,” Ubani stated.

    To minimise the devastating effect of terrorism in Nigeria, he suggested that all the cadres and structures of security apparatus must be properly overhauled for efficiency. Personnel’s welfare, according to him, should not be toyed with. He emphasised that they must all collaborate for the good of the nation.

    To end terrorism in Nigeria, he said, the country must be truthful enough to itself by putting in place a proper federal structure to allow autonomy, competition and growth at their possible pace. “That is the panacea to the madness happening in the country at present,” he said.

     

  • 50 years of legal education in Nigeria: A critique

    50 years of legal education in Nigeria: A critique

    (f) Continuing Legal Education

    Continuing legal education (CLE; also known as MCLE (mandatory or minimum continuing legal education)) is a professional education of lawyers that takes place after their initial admission to the bar. It is to ensure that lawyers remain professionally competent throughout their careers. In the United Kingdom for instance, a lawyer has to be assessed every year before he is allowed to practise. To remain competent, the lawyer has to stay in touch with the profession. All Nigerian Lawyers in legal practice or employment must comply with the Nigerian Bar Association’s Mandatory Continuing Legal Education (MCLE) Programme.

    The Nigerian Bar Association Institute of Continuing Legal Education (ICLE) serves as the Continuing Legal Education regulatory authority for the NBA and the profession by providing the standards and scope for the MCLE programme. The institute is overseen by the Board of the Nigerian Bar Association’s Mandatory Continuing Legal Education and works closely with Nigerian Bar Association Sections and the various local branches at large in developing programmes on Mandatory Continuing Legal Education.

    In many states in the United States, Continuing Legal Education participation is required of attorneys to maintain their license to practise law. Continuing Legal Education requirements exist in many other jurisdictions, such as in Canada.

    If we impose these same conditions here in Nigeria, we can be sure that any Lawyer who practises in Nigeria is not out of touch with the Profession32. This should be seen as a further contribution of legal education to the profession in Nigeria.

     

    8. Conclusion

    There is no doubt that legal education in Nigeria has come a long way since the days of “Igbosere”. We now have more campuses of the Nigerian Law school than before, more Faculties of Law, more law students and by extension, more lawyers. This is an encouraging development, but it is not enough that the period of 50 years of legal education has brought us more lawyers, we also need to know that their quality is such that they can stand among the best in the world. This should be our collective objective. Today’s lawyer lacks adequate preparation for the basics of legal practice and this lack of preparedness stems from the problems already highlighted. There is a need to adjust legal education in Nigeria to be more in tune with what obtains in the developed parts of the world. Happily, there have been concerted efforts made by the current Leadership of the Nigerian Law School to address these problems, some of which were inherited.

    We should aim not only to have as many lawyers as possible, but to have lawyers we can be proud of at all times; both intellectually and otherwise.

    We should be more forward thinking. What would legal education in Nigeria look like when it is 100 years old? Would it be better than it is presently or worse? These are the questions that should agitate our minds. Like I said earlier, it is not all gloom and doom. The profession has coped well after 50 years of legal education. We are not where we are supposed to be, but we are also not where we were before.

    9. BIBLIOGRAPHY

     

    Statutes referred to

     

    1. Legal Education (Consolidation, etc.) Act, Cap L10, LFN 2004.

    2. Legal Practitioners Act, Cap L11, LFN 2004.

     

    Books Referred To

    1. Adewoye, O. The Legal Profession in Nigeria 1865-1977 (Lagos: Longman, 1977).

    2. Doherty O Legal Practice and Management in Nigeria (Lon don: Cavendish Publishing Limited, 1998).

    3. Encylopaedia Brittanica 2003 Edition ISBN-10: 0852299613 | ISBN-13: 978-0852299616.

    4. Imhanobe S Lawyer’s Deskbook (Abuja: Temple Legal Con sult, 2010

    Articles and Publications Referred To

    1. A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law-Soha. F, Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

    2. Address delivered by Dr Tahir Mamman, Director General of the Nigerian Law School at the Presentation of Candidates for Call to the Nigerian Bar at the International Conference Centre, Abuja on 14 February, 2012.

    3. Court Dismisses Aturu’s Suit on Law School’s Fees-This Day Newspaper, October 18, 2013.

    4. Democracy And Socio-Economic Imbalance in Nigeria: the role of law. Being the full text of a Keynote Address delivered at the Nigerian Bar Association (Benin Branch) Law Week On June 24, 2013 at Fourteen Eighty Five Marquee, Edo Hotel Premises, No.4, Okada Drive, GRA, Benin City, Edo State. By Chief Joe-Kyari Gadzama, MFR, SAN, FCIArb. (UK).

    5.Jurist: The Legal Education Network: History of the Legal Profession in Nigeria. Prof. Yemisi Akinseye George, (now SAN) Acting Head and Senior Lecturer, Department of Public and International Law, University of Ibadan.

    6. Modernizing Legal Practice In Nigeria: Challenges And Prospects: Being The Full Text Of A Paper Delivered At The 2013 State Of The Legal Profession Lecture Of The Nigerian Institute Of Advanced Legal Studies (Nials) On August 06, 2013 At Shehu Musa Yar’adua Centre, Abuja By Chief Joe-Kyari Gadzama, MFR, SAN, FCIArb. (UK)+

    7. mynlasportal.com (the Nigerian Law School’s official website) on Friday, September 27, 2013.

    8. Soha F Turfler A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law- Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

    9. The Titi Tudorancea Bulletin. October 5, 2010.

    10. Training to Become a Lawyer in Nigeria’ – Idornigie, P O being a Chapter Contribution to the book The Anatomy of the Legal Profession in Nigeria published by the Nigerian Institute of Advanced Legal Studies, 2013

     

    (Footnotes)

    1 Now Legal Education (Consolidation, Etc) Act, Cap L10, LFN, 2004.

    2 1962.

    3 See the Address delivered by Dr Tahir Mamman, Director General of the Nigerian Law School at the Presentation of Candidates for Call to the Nigerian Bar at the International Conference Centre, Abuja on 14 February, 2012

    4 See the Body of Benchers

    ’ Programme for the Call to the Nigerian Bar: 14 February, 2012 at page 5.

    5 Soha F Turfler

    A Model Definition of the Practice of Law: If Not Now, When? An Alternative Approach To Defining the Practice of Law

    – Volume 61, Issue 4, Article 13, Washington and Lee Law Review. 9/1/2004.

    6 See generally, Idornigie, P O

    ‘Training to Become a Lawyer in Nigeria

    ’ being a Chapter Contribution to the book

    The Anatomy of the Legal P

    rofession in Nigeria

    published by the Nigerian Institute of Advanced Legal Studies, 2013

    7 The words

    ‘lawyer

    ’ and

    ‘legal practitioner

    ’ are used interchangeably. Indeed in the Legal Practitioners Act the word used and defined is

    ‘legal practitioner

    ’ while Rule 56 of the Rules of Professional Conduct for Legal Practitioners, 2007 defines the word

    ‘lawyer

    ’ by reference to the definition in the Act.

    8 Ordinance No 4 of 1876.

    9 These include experienced court clerks

    10 See Supreme Court Ordinance No. 4 of 1876 that granted powers to the Chief Justice to admit persons to so practice.

    11 Gray

    ’s Inn, Inner Temple, Lincoln

    ’s Inn and Middle Temple.

    12 He was enrolled in England as Barrister in November 1879 and in Nigeria on 11 August, 1880. He set up practice first in Accra which was then part of the Southern Protectorate of Nigeria and then Lagos. He practised among self-taught attorneys. Thereafter there were few legal practitioners who established practice in Lagos, Calabar, Onitsha and Warri as sole practitioners.

    13 Adewoye Fn 20 at 16

    14 Doherty Fn 20 at 7

    15 Ordinance No. 6 of 1914

    16 A qualified lawyer may either be a non-graduate barrister or solicitor or a graduate barrister or solicitor. To qualify as barrister or solicitor, a person must possess Ordinary Level or its equivalent, join any of the four Inns of Court and pass the Bar Part I and II examinations or Law Society Examinations for Part I and II respectively. The graduate lawyers enjoyed some privileges

    – a person with a law degree having a minimum of Second Class Honours is exempted from Bar/Law Society Part I examination, enjoyed enhanced salary and served shorter period of pupilage.

    17 The membership of the Committee were: E I G Unsworth (the Attorney General of the Federation), Chief F R A Williams (Attorney General, Western Nigeria), M O Ajegbo (Attorney General, Eastern Nigeria), G K O Amachree (Solicitor General of the Federation), I M Lewis (Solicitor General, Northern Nigeria) and the following legal practitioners: Alhaji Jibrin Martin, C A H Obafemi, Asuquo Okon, J M Udochi, Dr F A Ajayi and C O Nwokedi.

    18 In 1962, one campus was established in Lagos but the Nigerian Law School now has campuses in Lagos, Abuja, Kano, Enugu, Yenogoa and Yola.

    19 Now Legal Education (Consolidation, Etc) Act, Cap L10, LFN, 2004

    20 The other enactment is the Legal Practitioners Act, Cap L11, LFN 2004.

    21

    Problem of legal education in Nigeria

    Hon. Justice M.O. Onolaja, OFR, JCA, LLD, is the former Chairman of the Council of Legal Education

    22 1962

    23 Culled from the mynlasportal.com (the Nigerian Law School’s official website) on Friday, September 27, 2013.

    24

    Modernizing legal practice in Nigeria: challenges and prospects:

    Being the full text of a paper delivered at the 2013 state of the legal profession lecture of the Nigerian Institute of Advanced Legal Studies (Nials) on August 06, 2013 at Shehu Musa Yar’Adua centre, Abuja by Chiefjoe-Kyari Gadzama, MFR, SAN, FCIArb. (UK)+

    25 Idornigie Fn 21 at 5.

    26

    http://en.wikipedia.org/w/index.php?title=Bar

    Professional Training Course accessed on 18 May, 2012

    27 The ten institutions are:

    BPP Law School, London, BPP Law School, Leeds, University of the West of Engl and, Bristol, Cardiff University, Cardiff, Nottingham Trent University, Nottingham, The College of Law, London, the College of Law, Birmingham, City Law School, London, Manchester Metropolitan University, Manchester, Northumbra University, Newcastle upon Tyne and Kaplan Law School, London

    28Court Dismisses Aturu’s Suit on Law School’s Fees-This Day Newspaper, October 18, 2013.

    29

    See Fn 25.

    30

    See Fn 25.

    31

    Supra See Fn 25.

    32

    Supra. See Fn 25.

     

  • Why development will continue to elude Nigeria, by don

    Why development will continue to elude Nigeria, by don

    A professor of law, Animi Awah has said development will continue to elude Nigeria until its leaders show more respect for the rule of law. She said this during her inaugural lecture at the Nigerian Institute of Advanced Legal Studies (NIALS), University of Lagos (UNILAG) Akoka.

    Awah spoke on the topic: “Harnessing Nigeria’s banking system: Potential for sustainable development.”

    The lecture was part of activities to mark NIALS’s 35th anniversary.

    She said the government must not act above law if it wants to enthrone a culture of respect for rules.

    According to Awah, the rule of law requires that there is a set of rules which are known in advance; that such rules are actually in force; and that mechanisms exist to ensure their proper application.

    Rule of law, she said, requires that conflicts in application of the rules can be resolved through binding decisions of an independent judicial or arbitral body. “Where there is an absence of those requirements, there is bound to be crisis,” she said.

    Awah said where rule of law is truly practiced, the government is bound by the law and every person is treated equally under the law.

    The human dignity of each individual is recognised and protected by law, she said, adding that justice is also accessible to all where rule of law is followed.

    Awah added: “The rule of law requires transparent legislation, fair laws, predictable enforcement and accountable government to maintain order, promote private sector growth, fight poverty and have legitimacy.

    Speaking on the recent banking crisis Nigeria faced, Awah said it occurred because “certain vital indices were not functional or were flagrantly abused.” “Banks do not just fail; the failure is triggered by activities of men and to talk of failure without making such people culpable is to mask a monumental fraud.

    If the banking system is to affect development positively and give a clear signal to investors and other stakeholders, it needs to show a clear commitment to abide by rules and regulations and not seek to circumvent rules that seem to make demands on them,” she said

    “To ensure that man induced crisis and failure do not occur, these vital indices need to be adhered to strictly and abusers called to book.”

    The professor urged banks to do more towards housing funding and mortgage schemes.

    Her words: “It would be a plus for development if Nigerians become house owners. More than 80 per cent of Nigerians live in rented housing compared with South Africa’s 19 per cent and 22 per cent in Ghana.”

    According to her, Nigeria’s housing deficit, which is about 15 to 17 million housing unit, will need an estimated cost of 45 to 69 trillion to address.

    “Urbanisation is one of the greatest causes of housing deficit in Nigeria. It has been estimated that about 85 percent of the urban population in Nigeria live in single rooms, often with eight to 12 persons per room.

    “This state of housing and urbanisation is antithetical to sustainable socio-economic growth. Only a planned urban development can stem this tide. The Sites and Service Scheme need to be resuscitated and made to work more effectively to both the rich and poor,’’ she said.

    Prof. Awah who stated that an efficient financial system is a foundation for building sustained economic growth and an open vibrant economic system, noted that if the banking system is effective, efficient and disciplined, it will enthrone a rapid growth in other sectors.

    According to her, the real test of development is not economic growth but sustainable development, which must be people centered-reduces poverty, create employment and improve living condition.

    She advised Nigeria and other developing countries to ensure that everyone participates in economic and social development. She advocated the use of the banking system for development. ‘‘Development will come not only from a state that governs well, and a private sector that provides jobs that generate income but also on civil society organisations that make political and social interactions easier and mobiles society to participate in economic, social and political activities.

    NIALS Director-General Prof Epiphany Azinge (SAN) praised Awah on the lecture, saying the logical arguments she presented shows she is an authority in finance law.

    “It was quite professorial and befitting of an inaugural lecture. We want to commend her effort and we’re proud she’s of the institute,” he said.

    Commenting on the housing problems, Azinge said: “What type of houses are we talking about? There was a time people were thinking of fabricated houses; some were even thinking of improving on mud houses.

    “But has it not gotten to a point where we can perfect the mud house? People believe the mud house is good for our weather, and for our climate. So, must we still look down on mud houses?

    “Can’t we configure it in a much luxurious manner that people can live in them? Maybe with that people can build more of such houses, but in a better fashion, well put-together, so that we can have more houses. We don’t all need to build block houses and duplexes and what have you.

    “What is important is that you have a roof over your head, so that people will not pay through their noses to afford decent housing,” Azinge said.

    The week-long programme began on March 10 and ended on March 17.

    Apart from the inaugural lecture, other programmes held during the week included the social media assessment of NIALS contributions to national development and media awards, and the institute’s Fellows’ Conversation on law and order.

    There was also a hall of fame induction ceremony and the inauguration of NIALS professorial chairs.

    Those inducted are former President, International Court of Justice, the late Justice Taslim Elias and former Chief Justice of Nigeria, Mohammed Uwais. The ceremonies ended with the Founders’ Day lecture, entitled: “In the eyes of the law,” delivered by Justice Karibi Whyte (rtd).

     

  • An introduction to commercial law in Nigeria

    The dynamism of human endeavours with the attendant ingenious creativity that mankind is known for justifies one axiom that I learnt when I was in the law school in the United States. That axiom is: “Shepherdise or compromise.” This, as you probably know, means: “Be up to date or be behind time.” Being behind time in our context is fatal because it means the social misguidance of citing obsolete laws.

    I have in my hand a shepherdised and shepherding treatise on Nigerian commercial law that is well researched, resourceful and highly instructive. By way of what I term “jointed incrementalism”, it presents in digestible form of knowledge of commercial law through its core interconnected subjects, from the basic and foundational to the complex, current and globally apposite. It lays the expository foundation of its impartation on the old English and domestic judicial authorities and builds on it a robust body of up-to-date case-law, current statutory provisions analysis and opinions of experts in diverse writings. In doing so, it offers a repository coalescence of treasures that were fragmented in materials in public domain as well as ingenious learned opinions of the author. It also flavours it with contemporariness by presenting a law book that addresses current issues and practices.

    This invaluable book breaks the traditional mould in which many books on Nigerian law are cast. It begins each chapter with specific learning objectives and outcomes. This style offers a roadmap for purposeful and fruitful reading. It adds introductory and concluding summaries and employs colour coding and smart summary boxes that present its teaching, learning and practice contents in easy to read and remember format. It articulates legal principles and makes policy arguments not only through persuasive judicial authorities that are derivatives of our English common law heritage, but also through binding precedents as well as statutory provisions that are autochthonous or home-grown.

    The first few chapters of the book are on subjects that, by tradition, an inquirer would find in a conventional book on commercial law. Expectedly, they cover the law of contracts, agency, sale of goods, hire purchase, banking and insurance. Significantly, however, the book shows the dynamism of the field that it explores by breaking out of the traditional to engage other symbiotically related areas of the law. It brings emphasis to bear on emerging issues in a way that convincingly calls for a review of the commercial law curriculum of Nigerian institutions of higher learning, a position I am fully persuaded of from my experience as an academic for almost 30 years. In so doing, the book achieves substantially the objective of a presenting a commendable one-stop compendium to the student and practitioner of commercial law in readable language. From its very beginning to the end, the book demonstrates a clear mission to create lawyers with cutting-edge problem-solving abilities suited to the 21st Century that go beyond merely citing the past.

    In Chapter 1, the book enriches the knowledge of the law of contracts beyond the days of acceptance by wagon to the days of clip-wrapping and e-contracting generally. It cites recent cases of the highest binding authority to explain and appraise sacrosanct principles. Examples are the Supreme Court decisions in Akinyemi v. Odu’a Investment Co. Ltd (2012) 1 SC (pt.4) 43 on acceptance, BFI Group Corporation v. Bureau of Public Enterprise (2012) 7 SC (pt. III) 1 on consideration, Lagos State Government v. Toluwase (2013) I NWLR (pt. 1336) 555 on terms of contract and Attorney-General, Rivers State v. Attorney-General of the Federation and Anor. (2012) 7 SC (pt. 1) 72 on discharge of contract. The same flavour of endowment and contemporariness attends Chapter 2 on the law of agency.

    Chapter 3 explains intellectual property, the rationale and methods for its protection, as well as the remedies available to a person whose intellectual property has been stolen or violated. The chapter cites and appraises Nigerian and other common law jurisdictions’ cases as well as scholarly opinions in interpreting the provisions of the Copyright Act, Trade Marks Act and the Patents and Designs Act. It takes the reader though the procedural requirements for copyrighting, trade mark registration and patenting, giving life to the letters of the law to ease the task of students and practitioners in this area.

    The pivot for the contents of Chapter 4 is the Sale of Goods Act, purposely chosen as a mirror of states laws on the subject, and explained through a traverse of judicial authorities. The treatment of the rights and duties of the parties, conditions and warranties as well as passing of property is so lucid that they cease to be students’ nightmare. I must remark here that English cases still dominate the discourse in this area, and it is hoped that future editions would be rich in Nigerian cases as our case-law develops.

     

    Chapter 5 meticulously explains Common Law principles and the Nigerian statutory law on hire purchase transactions. In a refreshing way, it covers the duties and remedies of the parties as well as the contractual terms. With utmost fecundity, it explains the core issues. Among other analyses, its distinction of ownership and passing of property in hire purchase from sale of goods, particularly credit sale, is very instructive. The citation and application of the recent Supreme Court decision in the case of Alhaji Jimoh Ajagbe v. Layiwola Idowu (2011) LPELR-SC 271/2003 and other cases is classic. The same trend of currency runs through its treatment of repossession of hired goods and the minimum payment clause.

    From the historical and traditional, to the recurring and the contemporary, Chapter 6, teaches the institutional and regulatory framework for the establishment and operation of banks in Nigeria. It explains the dynamics of the relationship of the transactional parties. Through a prodigious review of appellate Nigerian cases, interspersed with a few English cases, it makes clear the law on banker-customer relationship (sample, Sani Abacha Foundation for Peace and Unity & 5 Ors. v. U.B.A. Plc (2010) 2 CLRN 92 (SC) – holding the relationship to be that of debtor/creditor). It does the same with securitisation of loans and other credit facilities beyond that which is commonplace in many existing texts. Through articulate case-law, scholarly writings and analysis, it explains, beyond doubt, the jurisdiction of the court in banking as well as in banker/customer relations. The chapter also sheds light on negotiable instruments.

    Chapter 7 focuses on all types of insurance in the context of their regulation in Nigeria. It makes issues such as insurable interests, indemnity, materiality of information, underwriting, re-insurance and settlement of claims almost self-explanatory.

    Chapter 8 creates order in the complex web of taxation law in Nigeria, explaining the types of taxes and taxing authorities as well as the scope of their powers through statutory provisions and the cases. It delineates the taxing powers of the Federal Government from those of the states and Local Government authorities. It makes light reading of key aspects of taxation law, including double taxation, tax evasion and avoidance.

     

    Chapter 9 shifts the readers’ focus from litigation and litigiousness to arbitration and other Alternative Dispute Resolution (ADR) methods. It employs scholarly opinions and statutory provisions to explain the process and practice of arbitration, conciliation, negotiation and out-of-court settlement. It caps them all with a note on the Lagos Multi-Door Courthouse System.

    Chapter 10 introduces International trade and Finance Law and explains its basic principles as well as regulatory organisations and agencies. Of the core principles, the chapter explains and evaluates the two components of the principle of non-discrimination – the Most Favoured Nation (MFN) rule and the National Treatment (NT) principle. The organisational segment has valuable information on the emergence and role of the World Trade Organisation (WTO) and its pivotal agreement on tariffs called the General Agreement on Tariffs and Trade (GATT). The chapter also presents the important terms and practices of international trade to aid the readers’ understanding of the workings and regulation of the trade within the frameworks of municipal and international law.

    Other aspects of this highly elucidating chapter are the WTO dispute settlement system made up of a Dispute Settlement Body and an Appellate Body, regional trading and economic integration arrangements that include the ECOWAS, African Caribbean and Pacific (ACP) Group of States, the European Union (EU) and the North American Free Trade Agreement (NAFTA), the formation of contracts of international export, carriage of goods by air and sea, marine cargo insurance as well as the legal implication of letters of credit and performance bonds. The chapter closes with a concise treatment of the international regimes for the protection of intellectual property and foreign direct investment.

    Chapter 11 employs historical and textual analytical skills to present the general principles of anti-corruption law to readers. Beginning its charity at home, it explains the contents of the Nigerian anti-corruption law and the justification for it. It identifies the diverse statutes on prohibition of corruption and appraises the core ones. It situates the Nigerian initiative in the response of the international community to the fight against corruption. The chapter also explains the all-important role of lawyers in the fight against money laundering in the context of their duty of confidentiality in client relations.

    Chapter 12 explains anti-trust or competition law from global perspectives. Through a trans-jurisdictional appraisal, it expounds the core objectives of competition law as ensuring that there is no stifling monopoly that hinders healthy competition and the choice of consumers. The chapter observes rightly that Nigeria, like Ghana, has no comprehensive competition statute, but has done considerable work to have one. As a tool for making a case for the enactment of a domestic competition law, it does a cursory analysis of the proposed Nigerian Competition and Consumer Protection Bill. The book argues rightly that it is problematic to lump consumer protection with competition law as the Bill does without a clear statement of the implementation mode.

    The chapter offers a useful roadmap towards a Nigerian competition law regime through a trans-Atlantic evaluation of the laws and practices in the EU, UK and US. On the continent of Africa, it presents the commendable and comprehensive model of South Africa. It caps the evaluation with a cursory analysis of the extraterritorial application of the US law through the device of the principle of objective territoriality and effect of doctrine in the absence of any international instrument that curtails such an application.

    The closing chapter focuses on globalisation of legal practice and places an all-important challenge before Nigerian legal practitioners in its discourse to situate Nigeria for the best deal it could secure in the regime of liberalisation of legal service. The chapter shows the working of international trade law by taking on an issue under the General Agreement for Trade in Services (GATS). It also establishes that the liberalisation envisaged is not boundless as it allows developing countries that are members of the WTO to limit their commitments so as to protect their domestic industries. In so doing, it explains the application of special and differential treatment in international trade agreements.

    I commend to you George Etomi’s An Introduction to Commercial Law in Nigeria: Text, Cases and Materials, not for browsing and skimming but for reading and digesting. It makes compelling reading.