The Nation Newspaper

Category: Law

  • Ogun court strikes out suit against monarch

    An Ogun State  High Court sitting in Otta has struck out a suit against the Baale  of Ado Igoke-Igbesa, Alhaji Saidi Ifalodun Aina Ibila by Kehinde Buhari Inakoju, and two others for lack of juridiction.

    The judge, Justice O.S. Olusanya said the suit by the claimants was premature and does not give rise to a cognisable course of action.

    “From the above reasons, I hold that the action of the claimants is accordingly premature, and does not give rise to a cognisable cause of action. I hold that the court lacks the jurisdiction to hear and determine the case. The suit is hereby struck out,” he said.

    Other claimants in the suit are: Messrs Akeem Inakoju and Musiliu Eweje.

    The defendants are: Alhaji Saheed F. Odusanya; Oba Samuel Olusola Banusao, the Oloja Ekun of Igbesa land; and the Attorney-General of Ogun State. Others are: Ogun State Commissioner for Local Government and Cheiftancy Affairs and the Chiarman, Ado-Odo Local Government, Ogun State.

    The claimants are praying the court for:

    (i) A declaration that the first defendant is not a bonafide  member of the Inakoju, Eweje, Apogba and Ojuri Rulling House.

    (ii) The fisrt defendant is not qualifies or competent to be nominated or appointed to occupy the stool of Idi-Okeland of Ogun State.

    (iii) A declaration that the first defendant should not portray himself as the Oba-in-waiting to the throne of or the stoool of Oke in Ogun State.

    (iv) An order of perpetual injuction restraining the first defendant from parading himself or as performing the function of Oba of Idi-Oke in Igbesa Ogun State.

    In a sharp contrast, however, the defendants prayed the court for a notice of a preliminary objection on the grounds that:

    (i) The third and fifth defendants are of necessary parties to this action and as such their names should be struck out accordingly.

    (ii) The court lacks juridiction to entertain their suit and as such,  it should be dismissed.

    Justice Olusanya in his judgement dated July 23 2009, said before the claimants can take their grieviances to the court, three steps must be complied with. The steps, he said, include that:

    (i) The prescribed authorithy must have made a determination;

    (ii) The the aggrieved party make a representation to the Commissioner for Chieftancy Affairs within 21 days of the giving of the decision,  and

    (iii) The Commissioner for Chieftancy Affairs should detemine after due inquiry.

    Justice Olusanya said the claimants failed to meet the aforementiond steps.

    “The claimants in this case have not complied with any of the conditions precedents or precondition enabling them to bring the action free before court,” Justice Olusanya added.

    The Bale of Ago Idoke-Igbesa, Saidi Ifalodun Ibile said since the validation of his Baaleship  by the court in July last year still subsists,  he, therefore, still remains the authentic Baale of the community.

    Baale Ibile’s action, he explained, was based on certain speculation by some interest in the community opposed to his leadership.

    He said about two weeks ago, certain elements in the community peddled rumours that he (Ibile) is no longer the bonafide head of Ago-Idoke-Igbesa comunities, warning the public not to transact any business whatsoever with him including the sale of land.

    Baale Ibile said the rumours were mere falsehood targeted at discrediting him. He allayed the fears of individual interested in engaging in any trasaction with him with respect to the Ago Idoke-Igbesa community. He called on government and the law enforcement agents’ prompt  intevention to caution rumour peddlers to forstall a breakdown of law and order.

     

  • Deaths at my backyard and elsewhere

    Death is a grim reaper indeed. The evening of last Tuesday brought it home. It was the day, 14 persons got drowned in the canal, just behind my residence in Festac Town, in Amuwo-Odofin Lagos. The wailing and anguish of the bereaved continually pierced the soul. While the survivors were angst, our neighborhood was thoroughly traumatized. Nothing prepared the victims for this final journey. After all, it was too short, to portend any danger. A less than 10 metres boat ride. Same week, in far away Kaduna, death reaped 100 peasant souls. Also in Kastina, while President Goodluck Jonathan and his hosts were at a state banquet, death was also feasting not far off. Across the cities of Abuja, Port Harcourt, Minna and Benin, 19 job seekers, got gruesome immigration passports to eternity.

    The Amuwo-Odofin deaths stole into our evening. It was around 7.30 pm. I had just returned from work about 20 minutes earlier, when I heard my neighbour, shouting to my wife, that there has been a boat accident at the canal. Exhausted from the day’s work, I reluctantly got into my shots, and walked out to the gate and towards the canal. I was shocked to see a restive crowd amassed at the bank of the canal, gawking at the dark brackish water that should have been a clean and leisure inland water way. On enquiry, I was told that the dark bowels of the canal had few minutes ago swallowed a boat filled with about 20 plus, men, women and children.

    In the pandemonium, I shouted to who ever cared to listen, if you have the numbers of the local government officials and emergency authorities, please call them and report the accident. After a while, I moved farther off the smelly and mosquito infested water way, and leaned on a parked car, with my neigbour in complete helpless indignation. Just then, one of the distraught survivors, who had swam to safety, sauntered towards us. He queried, “What will I tell his parents?” “What will I say happened to him?” Sensing our confusion, he explained. “My apprentice was in that boat. We just finished work at the 6th avenue and were going home. He couldn’t make it, and I didn’t see him to help him. I am in trouble”.

    Seeing his pain, and helpless at his loss, I offered my inconsequential condolence, thus. “This tragedy will be in the papers and television tomorrow. His parents will see for themselves that it was an accident, and that you couldn’t do anything to save him. Please take heart. God who allowed it to happen knows everything”. My neighbour also offered similar sentiments, while the poor soul sauntered on. Nearby, a young lady who survived the tragic encounter was telling another standby, “That boat was overloaded and I told them so, but they refused to listen. Anyway, thank God I made it”. When later people who looked like local council officials walked pass, towards the canal, I shouted, please can you organize flood lights. Some of the victims may still be alive. Please do something. Not long after, emergency officials and the Council Chairman, Comrade Ayodele, arrived and help was underway.

    But I have since been asking myself, why we leave such a cheap life? Having lived in the neighbourhood for some years, I have always wandered why should such an ingeniously manmade canal designed for the residents of the housing estate as a means of water transportation and leisure become such an impregnable miasma of water borne diseases. One of the local divers, who helped to rescue the six lucky chaps, had succinctly described the canal. In relaying his efforts, he had said, “You know that water is very thick. You need a lot of power to swim through the water. That is why many people couldn’t make it”. What made the water in the canal become thick and substantially stagnant, one may ask.

    The major culprits are the bandits that have turned the canal to a route for illegal oil bunkering. It is the waste from their illegal trade that turned the water to thick layers of dark brackish water. The next group is the security agencies who have failed to stop them. Some distraught bystanders last Tuesday claimed that there is even official connivance or condonation. Of course the official owners of the Estate, the Federal Housing Authority, only exist to extort all manner of development charges from the residents. Yet, but for the local council authority, the entire road network in the community would have remained impassable. While the official fees for a property in the Estate costs an arm and a leg, including ubiquitous development charges, I have never in the past decade seen the Housing Authority maintaining or redeveloping the originally well made drains, pavements, roads and other infrastructure.

    As reported by this paper last Friday, the beloved mother of one of the victims of the Amuwo Odofin 14, Festus Okunbor, an Information Technology specialist, while wailing uncontrollably over her loss, rhetorically asked, “Who will look after me and do the things he has been doing for me”? I also ask who will restore the glory of the famous Festival Town, also known as FESTAC town. Who will restore this unintended death bed, called Canal, to its original use, as designed by the builders of the Festival Town? Even more poignant now, who will stop the nation-wide bleeding across Nigeria? Who will clean the national shame foisted on us, by an unprecedented national ineptitude, the most recent being the shame called employment process by the disgraceful Ministry of Internal Affairs, headed by one Abba Moro. Who will save our youths from deaths, arms and unemployment? Who will save Nigeria?

    For comments: 08033054939 (sms only).

  • NBA inaugurates Ungongo branch in Kano

    NBA inaugurates Ungongo branch in Kano

    The Nigerian Bar Association (NBA) last week in Kano inaugurated the leadership and officers of one of the newly created branches of the association, Ungogo branch in Kano State. The inauguration was performed by the General Secretary of the NBA, Mr. Emeka Obegolu, who represented NBA President, Okey Wali (SAN) at the event.

    The officers include: Salisu S. Danjide-Chairman; Juliana B. Saleh-Vice-Chairman; Mustapha Imam Secretary; Wada A. Wada-Asst secretary; Binta Tukur Abdullahi-Treasurer; Usman Abdullahi-Financial Secretary; Bashir Saleh-Public Relations Officer; Mutawakil Ishaq-Welfare Secretary and Idris Ibrahim Haruna-Nec Rep.

    The event was attended by the Second Vice-President of the NBA, Mr. Steve Abar, Dele Adesina (SAN), Chief Niyi Akintola (SAN) Aliyu Umar (SAN) and Yunus U

     

  • No civilised society can develop without an efficient Judiciary

    No civilised society can develop without an efficient Judiciary

    Mr. Victor Nwaugo is a former Legal Adviser to the Nigerian Bar Association (NBA) and member of its National Executive Committee (NEC) since 2006. He speaks on the forthcoming National Conference, NBA elections, security of lives and property in the country and other sundry issues in this interview with Legal Editor, JOHN AUSTIN UNACHUKWU

    How do you react to Nigerian Bar Association (NBA)’s decision in opting out of the National Conference on basis of allocating a slot to the association at the confab?

    The President of the Bar is the spokesperson for the association. So, the decision to back out was taken by the President of the Bar and ratified by NEC in Ekiti State, which is in order. However, the Bar could have backed out from the so called conference on so many grounds. I read the content of the text of the President of the Bar threatening to back out of the conference on the basis of the number of allotment of representatives. To tell the truth, the Bar President was begging to be allotted more persons to represent NBA and expectedly, Dr Goodluck Jonathan ignored him. At the President’s media chat last month, President Jonathan took the shine off the NBA President when he said the association should have articulated its position for one or two of its members to present same during the conference. If Jonathan’s position is proper, why did he allow more than one representative for each state? Each state should have articulated their position for one  representative or two to present same before the conference. Yet, about 30 persons are representing the southeast, which is about six persons per state.

    The government considers  the present NBA leadership to be  weak; therefore, the Bar can not talk or work their talk. If it were in the golden years of Alao Aka-Bashorun; T. J. N. Okpoko (SAN); O.C.J. Okocha  (SAN); Wole Olanipekun (SAN); Prince Lanke Odigiyon; Olisa Agbakoba (SAN); Rotimi Akeredolu (SAN) and J.B Dandu (SAN) , NBA would have been begged to accept  five representatives. But now, the NBA is like an elephant, one can only tell the story from his or her own view point. We have lawyers in the media; lawyers in litigation; lawyers in the military; lawyers in the corporate world; Human Rights lawyers; lawyers for the Bench; young lawyers’ forum; female lawyers and none can properly present the view point of the other.

    What are your expectations from the Confab?

    My expectation from the National Conference is that money would be passed round. People will talk and all their articulations will be consigned on top of other heap of talks by past administrations to gather dust. I don’t think President Jonathan is sincere in his proposal for a national conference. I see it as wanting to play the North against the South, Christians against Muslims, Igbo against Hausa, minority against the majority, all for the purpose  of gaining advantage for his election in 2015. I hope Nigerians will see it from this angle and be cautious not to be fooled. Any president who really desires  to lay foundation for a true Nigeria will table all issues for discussion when he does not have ambition for a re-election. This National Conference is an after thought from a politician who is desperate to be re-elected.

    The relationship between the Aba branch of the NBA and Abia State government has not been cordial. What are your problems with the state government?

    Well, it appears that an understanding is trying to evolve, the General Secretary of NBA, Emeka Obegolu J.P,  has waded into the matter. You know, Obegolu is a humble and likable fellow. I hope both parties will give him the maximum support to settle the matter. We expect  the Governor and the  Attorney-General, Hon.  Umeh Kalu to let NBA Aba recover all the lost grounds in terms of the largesse the government gave to other branches of NBA in Abia State during the period of the  face off. I tell you, Aba Bar will battle against anyone, who unjustly goes against T.A Orji in future, whether he is still in government or not. Aba Bar fights injustices for all.

    This is an election year for the NBA, what type of president do you envisage?

    The Bar by virtue of Articles 7.3 and 10 (a) of the constitution of the NBA, as amended in 2009, shall in a delegate conference on July 2014 elect national officers for  a single  term of two years. In other words, there will be a delegate conference for the purpose of electing new officers to take over from the incumbent Okey Wali (SAN) led administration. First, I look forward to seeing our delegates resist an imposition of candidates by any person  or group of persons. I urge our delegates to vote for a person who is experienced in the running  and workings of NBA secretariat. A person who will see himself only as a senior prefect among his other elected officers and not an emperor on a kingdom.

    I look forward to seeing an NBA President who will stand to fight government’s bad policies.  The last democrat to govern NBA was Olisa Agbakoba (SAN). I expect a president who will use part of our practicing fees to invest in health insurance for lawyers, more especially now that the practising fees have been increased. I expect a president   who will connect with the owners of the association being her members. I expect a president whose words will remain his bond. I don’t want a ”I know it all” president. I am looking forward to a listening president, God help NBA.

    What is the way out of the security challenges facing the country, especially in the Northern parts of the country?

    The security challenges in Nigeria generally and Northeast in particular is worrisome. The government has not really given a well deserved attention to it. Government should, as a matter of necessity, stop using the security challenges to play politics. Let government, with all reports available to it, inform Nigerians that Boko Haram is a pure religious war and not politically motivated. Government should tell Nigerians the truth and not try to profit from the unfortunate situation to curry the favour of southern part of Nigeria as if it is a war by the North against Jonathan’s government.

    There is the need to properly educate Nigerians on evils of Boko Haram so that the ordinary person in the affected area will see members of the sect as criminals. It has to be a total condemnation by both Christians, Muslims, Southern and Northern Nigeria. It can only be condemned by all when the government properly informs the people and carry them along and not to make the Igbos feel that Boko Haram was established to fight Jonathan’s government. Nigerians should read 9/11 report headed by Henry Kessinger to understand the message of these criminals called Boko Haram sect.

    The 1999 constitution is continuously being amended by the National Assembly, which areas of the constitution would you like amended?

    Well, no matter how you amend the constitution, it needs proper and normal human beings to operate it.  For instance, when immunity clause was inserted to protect a governor from unnecessary distraction by way of litigations and frivolous criminal petitions did anybody know that a governor will hide under that to loot the treasury of the state? Sections 84 (2) (4) (7), 121 (3), 124 (1) (2) of the 1999 Constitution properly provided for fiscal autonomy of the third arm of government, yet those sections of the constitution are observed in the breach. Section 7 (1) guarantees democratically elected local government councils. Yet, only Enugu and Lagos States have respected that section by conducting local government election while the others find time to use caretaker committee to run the local government.

    Again, Section 162 (5) provided that amount standing to the credit of local government councils in the Federation Account shall be allocated to the states for the benefit of their local government council. Yet, the states latch unto the funds and deal with it to their benefit. In the face of the functions donated by constitution to the local governments in the fourth schedule to the constitution, the states still breach and usurp the functions through states agencies.

    On  March 3, this year, a High Court in Aba presided over by  Justice C.C.T Adiele stood firm to declare an obnoxious law in Abia State known as Abia State of Nigeria Physical Planning and Infrastructural Development Fund Law illegal and gave  restraining  orders against the Board, C.J, revenue court and the police from arresting, detaining or trying anybody on account of that law for non payment of the said Infrastructural Levy. The case is suit No. A/243/2012 Mrs. Pamela N. Nwaugo & 7ors vs. Board of Trustees of Physical Planning and Infrastructural Development Fund and 7 ors.  He has played his part in enthroning democracy; we are expected to play ours.

    What are you are trying to make?

    The major area in freeing Nigeria to be a democratic and republican state is through resource control and derivative principle. Let Enugu mine her coal, let Rivers refine her oil, let Lagos be in charge of their ports and pay royalty to the federal government. The headquarters of all ministries should not be concentrated in Abuja. Let Customs headquarters be sited in Owerri, let there be a dry port in Isiala Ngwa. That is the real amendment that will be meaningful.

    What suggestions would you give the Independent National Electoral Commission (INEC) as it prepares  for the next year general elections?

    The Independent National Electorate Commission (INEC) owes Nigerians the duty to organise a clean, proper and acceptable election free from instructions from “ Oga at the top”. INEC must ensure that the right persons are recruited as ad-hoc staff. I propose Rev Fathers in Catholic areas; Anglican priests in some areas; lawyers with recommendation from their association; corps members for NYSC; Imams, Christians and Moslem clerics, and journalists from reputable independent media houses. The idea of using teachers should end because they are government paid workers. Again, INEC should plan for staggered elections. The election of the president and National Assembly should not be in a day. Even that of president should not be in a day.

    INEC can choose two states from each geo-political zone in a day to avoid band wagon effect where it starts with a particular zone so that presidential and gubernatorial elections will be announced in a day spanning over three weeks of voting. Because of inadequate security personnel, INEC should stagger the election.

    Politicians should not be allowed to influence choice of ad-hoc staff. This is one area INEC staff must stand against. I even advise INEC that it is possible to customise the ballot papers and result sheets that only a voter can validly use his/her  ballot paper by having his/her name inscribed on a ballot paper meant for that voter so that where another thumb prints another’s ballot paper, by bio-metrics finger  print system, it will be dictated. Please INEC, let the votes of Nigerians count. Never should the Anambra example come up again in our lives.

    How do we fast track administration of justice in the country?

    The slow pace of justice is a serious concern to every right thinking man because the mark in determining a people’s rank in civilisation is how fast justice is obtained. I don’t know of any civilised society without effective judiciary. Our judiciary is underfunded, in some climes, judges do not have assistants, they work under a leaking roof with no fan, air conditioner and operate analogue system in typing documents.  Judiciary should be directly funded from the Federation Account. Again, the constitution should be amended to create states judiciary structure up to  Supreme Court and certain items in the exclusive list removed and made to end at the states Supreme Court like issue of marriages.

    Why do you say this?

    Imagine a situation where all cases in this country from more than 20 Courts of Appeal are going to one Supreme Court made up of only 16 justices. I think this situation contributes to delay of justice delivery in this country. I am not saying that the state-courts’ structures should be funded by the state executive arm. No, they too should be independently funded from the Federation Account.

    How do you think the realignment of political forces  will affect the forthcoming elections and what role do you foresee for the opposition in the country in post 2015?

    On the realignment of political forces in the country, the likely consequences and the role of opposition in the post 2015,  I have always believed that Nigeria can take a leap into development the day an incumbent president loses election. For instance, the massive development going on in Imo State in educational section; health sector, where general hospitals are being built in all the 27 local governments of the state; massive road projects going on; civil servants and pensioners receiving their pay promptly; free education to the point where  students  receive stipends; books and uniforms. Go to the three zones of the states namely; Owerri, Orlu, Okigwe and see for yourself . While a  former governor from Okigwe zone only constructed one road in Ihitte/Uboma during his four-year term, in my ward Umuezegwu, Ihitte/Uboma in Okigwe zone, Rochas has embarked on three roads. One completed, two on-going. In the entire Ihitte/Uboma local government area, there are several roads projects and other projects going on and some completed. I believe that Rochas desires to perform as a person,  but I believe more that when he remembers that he defeated an incumbent to become the governor, he is pushed to do more in order not to disappoint the electorate who trusted him during the election.

    How does this apply to Nigeria?

    So, If Nigerians will rise to the  occasion to vote out the incumbent president,  I am sure the person in whom trust has been vested in will rise to the occasion. In the last election, Aba for instance, massively voted for the Peoples Democratic Party (PDP)  when Dr. Jonathan came to Aba and urged them to vote for him and T.A Orji and they did. Since then, he has not bothered to come to Aba to know how we are surviving. Today in Aba, Aba-Ikot Ekpene Road, a distance of fifteen minutes, has completely broken down to the extent that traders from that end now go through Umuahia to Onitsha-Port-Harcourt Road. A Federal Government road that runs through main Aba city is now a death trap. Port-Harcourt-Enugu Express Road, that passes  through Aba is bad, Igbos are importers of goods and are distributors of goods.

    While there are Federal Government intervention agencies for Northern farmers and  Niger Delta people, no Federal Government policy to favour trading, which is the mainstay of the Igbos. President  Obasanjo during his time approved Isiala Ngwa dry port, till date, our supposed man, Jonathan,  has refused to develop it. LNG project approved for Imo State was taken  away by Jonathan. Port-Harcourt-Owerri road project is now abandoned, where are Imo and Abia’s share of federal projects? I thank God, that today, PDP is now in the minority at the National Assembly. The re-alignment of political forces is quite interesting. The rumour that APC is a northern party has failed because people now know that Rochas Okorocha, Ngige and Ogbnnaya Onu, all governors of Igbo land are leaders of APC. So, how is APC a northern party? I thank these governors who saw the re-alignment of political forces and ensured that Igbos were part of the formation.

    For once, main stream west and north have formed an alignment. It would have spelt doom for the Igbos if our sons and daughters were not part of the re-alignment. We look forward to 2015 with high expectations. Let us now see how an Ijaw man has become an Igbo man. In Igbo land an Ijaw man is known as an Mba mmiri man not an Igbo man.

  • Court declares community leader owner of Epe land

    Security personnel and court bailiffs from the Lagos State High Court stormed Abijo village in Ibeju-Lekki area of the state last Friday took possession of a landed property adjudged owned by a community leader, Mr. George Olu Mabadeje.

    The security agents and the bailiffs went there to enforce a judgment of a Lagos High Court judge, Justice Taofikat Oyekan-Abdullahi delivered two years ago.

    Justice Oyekan-Abdullahi had in her judgement delivered on Thursday, October 2012, in suit no LD/513/09, declared the applicant (Mabadeje) as the rightful owner of the land.

    The defendants in the suit are Alhaji Akibu Alarape Adams, Nurudeen Salawu, Talubi Salawu, Ganiyu Ogundibo and unknown persons.

    The judge had, in the enrolment of order issued sequel to a motion ex-parte filed by Mabadeje on December 16, 2013, held among others:

    According to Justice Oyekan-Abdullahi, “That leave be and same is hereby granted to the Applicant: Writ of possession of all that piece or parcel land lying and situated at Abijo Village Epe Expressway, Ibeju-Lekki, measuring 6039.89, 4395.96, 8094.03, 1520.92, square metres respectively and more particularly described in the survey plan no OKL92/395, OKL92/395A, OKL92/391, OKL93/164 and OKL92/247 as a consequence of the judgement of this honourable court”.

    Prior to the issuance of the enrolment order, Justice Oyekan-Abdullahi had in the ruling said: “It is clear from the records of this court that the first and fifth defendants have never attended the pre-trial conference, which was buttressed by the learned counsel to the third and fourth defendant counsel that the learned counsel to the first defendant came to court and left before the case was called today. It shows he has no interest in the case neither did he intend to participate.

    The judge added: “Consequently, I am left with no option than to invoke the said order and accordingly enter judgement against the first and fifth defendants.”

    Meanwhile, Abijo residents have commended the officers and men of the Nigerian Police and the court officials for maintaining relative peace in the environment, which they adduced to the peaceful manner the execution of the court judgement was carried out last Friday.

     

  • Why we are inaugurating children’s lounge

    Why we are inaugurating children’s lounge

    Lagos State has again blazed the trail in the judiciary with the inauguration of first ever children’s court and as required by the Child’s Rights Act. The lounge is intended to care for children, who most of the time, bear the consequences of divorce. The state Chief Judge, Justice Ayotunde Phillips and head of the Family Court, Lagos Judicial Division, Justice Yetunde Idowu spoke on this issue and other sundry ones in an encounter with Adebisi Onanuga.

    Lagos State judiciary inched forward in the implementation of Child Rights Act 2007 with the inauguration of a lounge for the children in family courts last week.

    The lounge was equipped with children’s story and toy books; exotic toys and children games of different kinds; couches and other electronic items such as television; water dispenser; cookies and candies.

    Lagos State Chief Judge, Justice Ayotunde Phillips described the lounge, established by virtue of Section 150 of the Child’s Right Act, as novel and the first of its kind in all the 19 states that have adopted the law.

    Justice Phillips, who was represented by the Head Judge, Justice Funmilayo Atilade said the lounge would remove the children from the psychological influence they would have suffered if told the divorce story of their parents.

    The head of the Family Court, Lagos Judicial Division, Justice Yetunde Idowu explained that the purpose of creating children’s lounge is in accordance with the Child Rights Act, which forbids anyone from having a child where issues concerning adults are being discussed. “Normally, when you have a matter, for instance, custody matter in a matrimonial court, when you talk about issues in divorce, you would expect some funny and dirty details. That is not good for the upbringing of the child and is also not good for the psyche of the child to be present when these things are being said,” she said.

    She continued: “So, while we are tackling that, the child will be brought to the lounge and taken care of. We don’t want to expose our children to all these dirty things being said in the matrimonial court. So they are here and are taken care of and when their parents are ready to go, they would take them.”

    Justice Idowu said sometimes, there could be a need for the family court magistrate or judge to have a talk with the children and would want to have it in a conducive atmosphere. She said in such situation the court room is not a friendly place. “We don’t want to expose the children to that and with this kind of environment, you know children, when they are comfortable, they tell you the truth so that you know the way to go forward. That is the essence of setting up a place like this,” she said.

    Justice Idowu disclosed that the children’s lounge is the first to be inaugurated by the Lagos State judiciary and each family court would have a place like that attached to it.

    According to her, there are 10 family courts manned by Chief Magistrates and two by judges in Lagos State are spread around different areas in the state.

    On cases of child defilement, which are on the increase of late, she said a place like the children’s lounge would help to take evidence from victims, who sometimes may view the court as a hostile place.

    “If they are brought to court to testify, I think this would be an ideal place to take their evidence rather than take their evidence in court,” she said.

    The state, according to her, has a similar place for victims of child abuse, child rape or defilement and others. “I am aware there is a centre where the victims can be taken to, where a psychologist can have a session with them. We are not psychologists, they are. So while we are handling the hard core cases, children can be brought here, we can have a chat with them and they would tell you what happened and that would help in the prosecution and adjudication of the matter,” she said.

    Justice Idowu does not see any need for a review of the criminal law to make the punishment for child defilement stiffer and curb the increasing trend. According to her, what is in the criminal code is stiff enough to deter a potential child rapist.

    “I think the present punishment we have is enough, but that is my own personal opinion. But I think we should tackle more, the fundamental things that are wrong. It starts from the home. A girl must be told that nobody has the right to touch her without her consent. Mothers must be told that they must protect their children from all these people. For instance, if you ask me, a man of 20 years or an adult going after a young girl, we need to tell them that girl child marriage is not something we should encourage. I think the punishment is enough. If someone is convicted, that punishment is ideal”.

    Justice Idowu disagreed with claims by lawyers that absence of witnesses to acts of rape makes conviction difficult. She said this does not happen in all cases as there are other evidences that are considered. She, however, emphasised: “In a situation where somebody was there, that person can come to court and give evidence on what he or she saw. Most of the time, these things are committed in camera, not in the open. If I am in the open, I don’t think any normal being would come and want to defile a child near me. I would of course shout.

    “So in most cases they are not done in the open and they create fear in the mind of these children that ‘if you tell anybody, I would do this to you; I would do that to you’, that is why children need to take their parents into confidence. Parents too must be close to their children so that if anything is happening to a child, the child would feel free to talk to them,” she said.

     

  • NIALS scores media high

    NIALS scores media high

    The Nigerian Institute of Advanced Legal Studies (NIALS), last week at Shehu Musa Yar’Adua Centre Abuja, conducted media assessment and the contributions of the media to the achievement of its mandate and the vision of its founding fathers within the 35 years of its existence. This programme was part of a week programme to celebrate the achievements of the institution in the last 35 years of its establishment.

    Plaques were given to some media houses in appreciation and recognition of their contributions to the achievement of NIALS mandate. The media houses recognised are: The Nation newspaper, Nigerian Television Authority (NTA), Vanguard newspapers, Channels Television and Daily Trust newspaper.

    NIALS’ Director-General, Prof. Epiphany Azinge (SAN) expressed gratitude to the media for its support to the Institute and contributions to the course of nation building. He noted that without the active and massive support of the media, the Institute would not have discharged its mandate creditably within the period under review.

    He praised the objectivity, investigative and analytical virtues of the media, noting that there is room for improvements.

    Introducing the programme, a Research Fellow with the Institute, Laura Ani said: “The Institute is organising a week anniversary celebration to mark its service to scholarship and education in Nigeria. The Institute, more than any institution in the field of law, has contributed to the development of scholarship, education and capacity building for the legal profession in Nigeria, Africa and beyond. Therefore, the Institute has acquitted itself of that mandate and the vision of its founding fathers.”

    She continued: “Today’s event is three-fold, firstly we have the social media assessment of NIALS contributions to national development, the purpose of this assessment is to access our media temperature by auditing our social media impact on the society. This will be determined by measuring our growth, engagement, trend awareness, likes and subscribes on the likes of facebook, twitter and of course, our website.

    “Most importantly, this will be a highly interactive session where we require contributions from all media houses here present both print, electronic and the general public. At the end we hope to determine where we are, where we want to go and how to achieve this.

    “Secondly we would be having the media awards to formally celebrate with our media partners and lastly the public presentation of all NIALS publications as well as a report on our research projects.”

    The best supporting electronic media award was given to the Nigerian Television Authority (NTA) while the best supporting print media award went to The Nation newspaper. Channels Television received the most friendly media house award while the best supporting law correspondent award went to John Austin Unachukwu of The Nation newspaper.

    Vera Chinwuba of the NTA received the most distinguished law personality award while Femi Okeowo also of NTA received the most efficient law journalist award.

    Outstsnding NIALS media friends awards went to Adenlanwa Olukorede Bamgboye, Shola Adeko Sholeye and Innocent Chikwaraeze Anaba

    The event was attended by former Directors-General of the Institute including, Prof. Ayo Ajomo, Prof. Ignatius Ayua and a host of Professors from the institute and outside the Institute.

     

  • Lagos to get commercial court

    Lagos to get commercial court

    The Lagos State government  would soon build a special court to adjudicate on  commercial disputes in the state in order to attract foreign investors.

    The Chief Judge of  Lagos State, Justice Ayotunde Phillips disclosed this  last week while speaking at one day Stakeholders’ Forum on Fast Track Rules and Procedure by the state Judiciary held last week at City Hall.

    It was organised by the state judiciary in collaboration with Justice for All, a project of the British Council and Human Development Initiatives(DHI).

    Justice Phillips said the commercial court would  adjudicate in matters relating to revenues, mortgages and other commercial disputes.

    She said the peculiarity of the state as the hub of the nation’s economy has made a commercial court more imperative and in reality with developments around the world.

    The Chief Judge said the court would be located at Tapa area of Lagos Island, adding that the architect has completed the design as the take off awaits the governor’s consent.

    The main objective of establishing the court, she said, was to reduce the time spent on litigations to a period not exceeding nine months from the commencement of the action till final judgment.

    “This fast-track court is what the social economic climate of Nigeria requires now as the world is fast moving towards arbitration in dispute resolution. Nigeria cannot sit on the fence and watch all these developments around her. We have to be part of the development around the world,” she stressed.

    She appealed to stakeholders in the judiciary to partner towards making the initiative a success.

    The state’s Attorney-General and Commissioner for Justice, Mr Ade Ipaye said speedy resolution of commercial disputes was important for economic development.

    “Investors are looking for a justice system that works. They are looking for where they can confidently invest with the expectation that when there are disputes, those disputes can be speedily addressed,” he added.

    Ipaye urged practitioners to ensure that the initiative works by changing those things done wrong in the course of practicing their profession.

    “You can have the laws, you can have the judiciary, but using delay tactics is unfortunate. It makes a lot of people to lose faith in the judiciary and justice system,” he said.

    The Attorney-General appealed to legal practitioners to shun the habbit  of filing  frivolous applications, which often cause delays in the court system.

    According to him, filing of frivolous applications in order to frustrate trial was not the proper thing to do if lawyers believe they don’t have a solid case.

    He advised lawyers to embrace the paradigm shift of the fast track court adding, “this will guarantee investors’ trust in our judicial system”.

    “Investors are looking for a stable political and judicial system that works. When an investor is assured of getting justice in respect of disputes from commercial transactions within a reasonable time, he would feel secured to invest in the country,” he said.

    Chairman, Nigerian Bar Association (NBA), Ikeja Branch, Mr Monday  Ubani said lawyers must be dissuaded from employing delay tactics in fast-track matters.

    Ubani described the fast-track procedure as a welcome innovasion and procedure that would encourage commercial transactions of lending and burrowing, and give confidence to foreign investors that debt owed would be easily recovered using fast-track mechanism.

    Making a remark, National Programme Manager, Justice for All, Dr Bob Arnot said the relationship between justice and economic development cannot be over emphasised.

    Arnot, represented by Prof. Bolaji Owasanoye of the Nigerian Institute of Advanced Legal Studies (NIALS), said this was the reason the British Council was supporting the initiative.

  • Lawyer calls for establishment of trade mark office in Lagos

    ALagos based legal practitioner, Denis Okhagba has called on the Minister of Trade and Investment to establish a zonal trade mark office in Lagos. This, according to him, will help in harnessing economic potentials and drastically reduce the suffering of teeming Lagos lawyers seeking to register trade marks. He commended the activities of the Corporate Affairs Commission (CAC) Yaba zonal office, for doing a great job.

    He said the present system of trade mark license registration is expensive, time consuming and a disincentive to prospective applicants. He appealed to the relevant authorities to put in motion the necessary legal and administrative machinery for the establishment of a trade mark office in Lagos to cater for the needs of the teeming population of legal practitioners therein.

    “I recall vividly that upon being called to the Bar in 1995, a corporate acquaintance of mine sought to know which area of legal practice I intended to “specialise”. In response, I told him I intend to embark on “general practice”, with the overriding philosophy of “putting a decent meal on the table from the proceeds of my effort.

    “The above approach stems from a realisation that majority of Nigerians believe that qualified legal practitioner should be able to handle any brief under the sun without giving excuses, although the clamour for specialisation is fast gaining a lot of converts,” he said.

    Okhagba said it is against the background of the foregoing thoughts that he reflected on the challenges being encountered in processing registration of trade mark certificates for interested parties; a process centralised in the Ministry of Trade and Investment, trade mark office, Abuja.

    He said the present scenario is that a Lagos based legal practitioner has to link up with a professional colleague based in Abuja, who will in turn liaise with a trade mark agent in order to set in motion the preliminary step of conducting availability of the trade mark for registration. “This may be done manually or electronically (on-line) and can take several weeks for the result to be known,” he said, adding: “If the name/mark is approved for registration the next step will be payment of the statutory fees and issuance of the acknowledgement form and acceptance form.”

    He continued: “In getting through the two stages enumerated above, the Lagos based Legal Practitioner will charge his professional fees and factor in the fees for his colleague and trade mark agent in Abuja, thereby increasing the total cost of the process.

    “The next stage will be to watch out for publication of the trade mark license in the trade mark journal and this will entail releasing funds to the legal practitioner in Abuja for transport and logistics from his own office to the trade mark office in Abuja not forgetting the fact that he has to link up (yet again) with a trade mark agent to facilitate retrieval of the information for onward transmission to the Lagos based Legal Practitioner and in the process a lot of valuable time is lost.

    “If we compare the foregoing scenario in the process of obtaining a trade mark license with what currently obtains in the Corporate Affairs Commission (CAC), which has established functional offices in almost all the six geo-political zones of the country, then there is justification in the clarion call for the establishment of a zonal trade mark office in Lagos being the economic and commercial nerve center of Nigeria.”

  • N4.7b money laundering charge: PHCN scuttles hearing of Babalakin’s no case submission application

    N4.7b money laundering charge: PHCN scuttles hearing of Babalakin’s no case submission application

    The epileptic supply of electricity to  Lagos State High Court, Ikeja, last Friday stalled the hearing of no case submission filed by Bi- Courtney Chairman, Dr. Olawale Babalakin.

    The Economic and Financial Crimes Commission (EFCC)  had charged Babalakin, Okoh and their firms Bi-Courtney Limited; Stabilini Visioni Limited and Renix Nigeria Limited to court over an alleged illegal transfer of N4.7b on behalf of convicted former Delta State Governor, James Ibori.

    The defendants are facing a 27-count charge bordering on money laundry, conspiracy, retention of proceeds of a criminal conduct and corruptly conferring benefit on account of public action.

    They were charged before the court presided by Justice Lateef Lawal-Akapo.

    The first attempt by Babalakin to argue his no case submission application was stalled at the last appearance in court owing to the fact that counsel to the EFCC, Rotimi Jacobs (SAN), had health issues.

    Justice Lawal-Akapo had then adjourned the matter till last Friday for argument.

    However, epileptic supply from the PHCN to the High Court of Lagos State, Ikeja also prevented the judge from sitting last week.

    Consequently, Justice Akapo-Lawal had to fix  April 30, 2014 for hearing of argument on the pending application.

    At the last proceeding, the judge said he only got the case file about 20 minutes before the commencement of the proceeding.

    He informed both parties on the need to study the details of the charges  in order to be on top of the situation.

    The defendants had in various applications filed by their counsels challenged the money laundering charges preferred against them by the agency.

    They  also queried the jurisdiction of the court to try them on the alleged offences on the ground that it is only the Federal High Court that can try them.

    They had in the same applications argued that the EFCC did not secure the fiat of the Lagos State Attorney-General to commence the trial at the Lagos High Court.

    The prosecution counsel, led by Rotimi Jacobs (SAN) told the court that he had filed objections to the applications.