The Nation Newspaper

Category: Law

  • Will National Conference tackle true federalism?

    Will National Conference tackle true federalism?

    The drop in revenue for states from the Federation Account has strained the relationship between President Goodluck Jonathan and some governors. This development has reinforced calls for the enthronement of true federalism and fiscal restructuring at the forthcoming national conference. Adebisi Onanuga reports.

    he relationship between President Goodluck Jonathan and some governors appears cold. Reason: the disagreement on how the money and revenues paid  into the Federation Account, particularly from the sale of crude oil, are shared and allocated among the three levels of government.

    Section 162(1) of the 1999 Constitution (as amended) establishes the Federation Account where all revenues collected by the government shall be paid, with a few exceptions.

    Sub-section (2) empowers the National Assembly to determine the formula for the distribution of funds in the Federation Account.

    It provides: “The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), shall table before the National Assembly proposals for revenue allocation from the Federation Account, and in determining the formula, the National Assembly shall take into account, the allocation principles, especially those of population, equality of states, internal revenue generation, land mass, terrain as well as population density;

    ”Provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than 13 per cent of the revenue accruing to the Federation Account directly from any natural resources.”

    The proviso to the sub-section entrenched, with respect to natural resources, the principle of derivation in any formula the National Assembly may come up with. By this principle, “not less than 13 per cent” of the revenue accruing to the Federation Account directly from any natural resource shall be payable to a state of the Federation from which such natural resources are derived. For a state to qualify for this allocation of funds from the Federation Account, the natural resources must have come from within the boundaries of the state, that is, the resources must be located within that state.

    Unfortunately, the Federal Government has deviated from the constitutional provisions with the governors now accusing it of deliberately manipulating the Federation Account to give the impression that there are inadequate funds to share, despite steady increase in oil prices since the beginning of the year.

    The 2014  Budget is predicated on $74 per barrel of crude oil while an estimated 2.39 million barrels per day were forecast for sale. But sales of crude has remained steady at $109, leaving a profit margin of over $35, which means more money coming to the Federation Account and vice versa. Expectedly, more money is to be shared by the Federal and state governments. But, regrettably, allocation to states have been on the decline, hence the worry over the state of economy and the unending decline of allocation going to the states of late. Every state in Nigeria depends largely on the  allocation from the Federation Account, just as its respective annual budget is predicated upon earnings from the Federation Account. With this they are able to develop their states. The only exception is Lagos that has been able to harness its resources for developmental projects.

    Allocations to states, especially opposition states, have been haphazardly done with the latter complaining of a deliberate attempt by the Federal Government to strangulate them and starve them of funds ahead of 2015. This has resulted in their difficulty to execute developmental projects. Unfortunately for the states, Vice President Namadi Sambo, who is the chairman of the National Economic Council (NEC), has  not convened the meeting of the council, which could have addressed issues raised by the governors. The meeting has been postponed five times.

    Kano State Governor Rabiu Kwakwanso, last week accused the government of causing divisions among the governors. He alleged that President Jonathan gave governors in Plateau Governor Jonah Jang’s faction of the Nigerian Governors’ Forum (NGF) N2 billion each as ecological fund. The money, he claimed, was taken from the common purse of the country and was not given to governors who voted for Rotimi Amaechi of Rivers State as chairman of NGF.

    Edo State Governor Adams Oshiomhole has described the government’s inability to meet its financial obligations to the states as a recipe to national disaster.

    Oshiomhole, while reacting to Federal Government’s inability to pay monthly allocations to states, urged the Nigerian National Petroleum Corporation (NNPC) to pay the over N2.3 trillion owed the Federation Account, adding that the corporation was not sincere with Nigerians on the number of barrels of oil refined daily.

    “I don’t know if the Federal Government is broke, but I know there is a serious crisis and it is unprecedented in the history of this country. For the first time, since 1999, allocations can no longer come as at when due to states. I have been involved in trying to understand what the reasons are and I have not seen anything yet. Whether we use the word broke or you deny the word broke, the truth is that there is financial crisis in Nigeria which has very serious national security implication.

    “So, I am hoping that the NNPC should wake up and meet its obligation to the Federation Account. Ootherwise, the integrity of the government is at stake,” he said, adding: “they collect 455,000 barrels per day for domestic refinery, but they also agreed that the refineries are not working, that at the very best they cannot refine more than 100,000 barrels per day. So, the question is what are you doing with the balance of 355,000?

    “If you multiply $109 by 455,000 barrels per day, you will imagine the kind of money NNPC ought to be paying into the Federation Account. And from some of the figures that have been thrown around, NNPC is owing the Federation Account over N2.3 trillion,” he said.

    The Progressive Governors’ Forum, PGF, at its meeting in Abuja last week also condemned the Federal Government for illegal deductions from states’ funds. Besides, the All Progressive Congress (APC) governors decried what they called ‘flagrant disregard by the Federal Government of the Constitution and the Appropriation Act on collection and sharing of government revenue and implementation of budgets.

    The governors wondered why the President Jonathan’s administration has consistently been unable to implement budget provisions, which it willingly formulated and passed into law by the National Assembly.

    In a communiqué, they vowed to take appropriate legal actions to compel the Federal Government to respect the constitutional rights of states and comply fully with the Appropriation Act.

    “We wish to say that there is no justification for the continuous dwindling revenue collections into the Federation Account given that the price of crude oil, being the main revenue earner, has been relatively stable and above $100 per barrel since the beginning of 2013.

    “The Forum excoriates the Federal Government’s consistent flagrant disregard for the Constitution and the Appropriation Act as passed by the National Assembly. In fact, we wonder why the Jonathan’s administration is unable to implement the budget provisions, which it willingly formulated and which the National Assembly passed into law,” they noted.

    A comparative analysis of Central Bank of Nigeria (CBN) monthly economic report and that of the Federation Account Allocation Committee (FAAC), conducted by Governor Kayode Fayemi of Ekiti State, indicated that revenues accruing to the Federation Account were not fully reported.

    According to Fayemi, the Nigerian economy is highly dependent on the proceeds from sale of oil. He noted that oil represents 95 per cent of Nigeria’s foreign exchange earnings and 80 per cent of budgetary revenue for the federation while revenue from taxes, custom and others account for 20 per cent of budgetary revenue. Hence, income from revenue generating agencies are expected to be transferred to the Consolidated Revenue Account for appropriation.

    Fayemi noted that there was no time Nigerian oil sold less than $95 in 2013 and $110 in 2014.

    “Conclusively, Nigerian earned more revenue from oil sales in 2013 and 2014 than budgeted,” he said, adding that this can be corroborated by a comparison of revenue reported by Central Bank of Nigeria (CBN) and the Federal Accounts Allocation Committee (FAAC).

    He said any major change due to poor handling/depletion of the nation’s resources would have ripple effects on the implementation of budget at the state and local government levels. Fayemi said the report of earnings to the federation by CBN was an indication that Nigeria earned more revenue than was reported into the Federation Account by the Federal Government. He said the effect of the depletion of the nation’s revenue has created a huge financial burden for states, including Ekiti, in meeting its obligations. According to him, average monthly deduction from money due to his state is N481 million which has resulted in the inability of the state government to meet its commitments as and when due and increasing vicious circle of poverty in the country.

    Huge sums of money meant for the account have been declared missing or found their way into other accounts.

    Amaechi, while inspecting some projects in Obio/Akpor Local Government Wednesday last week, cited, among other revelations, sleaze in federal agencies, alleged misuse of subsidies on petrol, kerosene and sharp practices in the allocation of oil blocs, saying: “whopping sum of $10 billion and $20 billion were alleged to be missing.”

    The suspended CBN Governor, Mallam Lamido Sanusi had raised the alarm that the $49.8 billion, which was supposed to be remitted to the coffers of the Federal Government through the apex bank, was nowhere to be found.

    Sanusi’s allegation and petition to the Senate Committee led to the ongoing probe of the missing fund at whcih the Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, told the committee that she would hire foreign experts for forensic audit of NNPC.

    REACTIONS

    The development has thrown up a number of issues as Nigerians are worried over the state of health of the economy. More worried are pundits who are questioning the rationale of a fiscal policy that does not guarantee equity in the sharing and allocation of revenue among the federating units; the need for a sovereign wealth fund and an excess crude oil account that does not have constitutional backing. Lawyers versed in fiscal policy issues agreed that the country is not broke, blaming the situation on the absence of true federalism, insincerity on the part of the government and those whose duty is to manage the funds coming into the Federation Account.

    They included Felix Fagbohungbe (SAN), the Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Monday Ubani and a member of the Ogun State Judicial Council, Abayomi Omoyinmi.

    Fagbogungbe argued that that it is not right and a breach of the Constitution for the President to withhold the money that belongs to states because it is from the Federation Account which belongs to the states, Federal Government and the local governments. He could not fathom the reason for the decline in the revenue to the Federal Government which caused the decline in revenue to states.

    “The reason is that we have not been told whether the number of crude that we sell per annum has changed from  what we sold the previous year. The money accruing to the account should change because we have not been selling below the baseline. The quantity of oil we have been selling per day, per week, per month and per year has not changed nor declined.

    “So, what would now be responsible for the decline in the income to the Federal Government? That means something is wrong and we are getting to know what is wrong. From the CBN revelation, it means that there is a problem in the management of our revenue. I don’t think we need a body to tell us that the issue is the management. Our revenue has not been well managed, such that we are short of revenue. We are not short of revenue, it is the management of it that is the problem,” he said.

    Fagbohungbe said it did not matter whether Nigeria adopted a Federation Account or fiscal federalism in the sharing of revenue, it all depended on the operator. He said what this means is that “the Minister of Finance should be sacked, the Minister of Petroleum should quit, the MD of NNPC should also be removed because they have been accused of the mismanagement of our fund. The coordinating minister is not coordinating anything, so she should leave. She is the one causing the problem for Nigeria. The three of them should go at once so that we can have peace in our finance management and the oil industry. This their second coming has not been helpful to Nigeria,” he stated.

    Ubani agreed with Fagbohungbe that going by the Constitution, it is wrong for the President to withhold what is due to the states. He said every amount that accrued to the federation must be credited into the Federation Account and  be shared accordingly by the three tiers of government.

    “But there are strange things happening at this time in Nigeria. We heard the President saying the other time that any state governor that abuses him that it would affect his state. In other words, the President is trying to claim absolute power now. It means that states would not get what is due to them because they are abusing him.

    “Secondly, what I don’t understand is the issue of dwindling of allocation when  the price of crude internationally has increased and it keeps soaring daily. So, why is the Federation Account being manipulated to the extent that states are being denied their normal allocation? It tells you that there is no serious governance going on in the country, that  what all the money is being conserved for is for electoral purposes at the federal level,” he said.

    Ubani further noted that if the states are being denied their allocation due to them on purpose, then the governors  would not be able to run their state effectively, whereas the Federal Government would have enough money to throw around.

    His words: “It shows that the money they are conserving is for  electioneering purposes at the federal level. It explains why the states are being under-funded in order to put them in bad light before the people so that they would not probably return some of the governors to office. So, it is about politics, all the conservation, all the non allocation of funds to states. That is what is going on actually. That is why they are manipulating the processes.”

    He said the development was a reflection of the fact that we are not operating a federal structure the way we should. He said if we continue with the way it is now, Boko Haram will continue, kidnapping will continue, stealing will continue, smuggling will continue unemployment will continue and all manner of violence will be unleashed on Nigerians and there would be agitation and much violence in the system because we are not running an efficient federal system.

    Omoyinmi also argued that the President  has no right, legal or moral, to withhold funds that belong to the state under any pretence. This has been confirmed by the Supreme Court in the case brought against the Federal government by Lagos State during the Obasanjo era when Lagos State government allocation was withheld on the ground that the state government created additional local government councils.

     

    THE WAY OUT

    To Fagbohungbe, the system of revenue allocation can only be changed by the National Assembly. He said the issue  should be discussed at the confab. Let’s wait for what they would say at the confab.

    Ubani said if Nigeria must make progress, the national confab presents the most golden opportunity for Nigeria to restructure. If we must run a very effective federal structure, where every region or state will assume  control over what it produces, giving only a percentage to the Federal Government, then we must return to the federal system between 1960 and 1966. So, running to Abuja, cap in hand, to beg for money, should stop.

    Omoyinmi said a sovereign wealth fund or excess crude account was uncalled for and not constitutionally provided. To him, it is very unlikely that there would be equity sharing in as much as its sharing and its creation do not have the effect of law. He stressed that the current revenue allocation formula should be  reviewed and discussed fully at the national conference with the hope of finding a lasting and dispassionate solution inline with the principles and ideals of true federalism.

  • ‘Why we partner NBA to enforce rights of prison inmates’

    ‘Why we partner NBA to enforce rights of prison inmates’

    Prof. Bem Angwe is the Executive Secretary, National Human Rights Commission (NHRC) and chairman Network of Human Rights Institutions in West Africa. In this interview, he speaks on why the Commission partnered with the Nigerian Bar Association (NBA) to enforce the rights of awaiting  trial inmates, the challenges facing the Commission and what is being done to protect and promote human rights across the West African Sub-region. Legal Editor, JOHN AUSTIN UNACHUKWU met him.  Excerpts:

    The National Human Rights Commission (NHRC) is currently reviewing the national action plan to ensure that rights of Nigerians are protected and promoted, how far have you gone with the review and what are the implications for the country?

    The 1993 Vienna Convention makes it obligatory for all nations of the world to declare in form of an action plan, the steps that they intend to take in ensuring that the rights of the citizens are not only respected, but also recognised and protected. In that direction, as soon as Nigeria returned to democratic rule in 1999, it commenced the process of coming up with a national action plan. This process was led by the country’s Ministry of Justice. Happily, Nigeria deposited the national action plan in Geneva in 2009. In Geneva, the then Attorney-General and Minister for Justice, Chief Micheal Aondoakaa led Nigerians to deposit this document. The document was supposed to be in place and implemented between 2009 and 2013.

    How far have we gone with the implementation ?

    I am happy to inform you that last week, the NHRC convened a stakeholders’ meeting in Kaduna to assess the level of implementation where Nigeria strongly made a commitment to respect the rights of all Nigerians. At this conference, people from different walks of life, from government Ministries and departments, commissioners, civil society organisations and members of the general public came to asses the level of implementation of the national action plan.

    What was their verdict?

    It is not concluded yet because we are also going to convene another meeting for the southern parts of the country in Owerri, Imo State and at the end of the day, the commission will leave Nigerians to come up with a self assessment report of the level of implementation of the national action plan. In the national action plan, ministries and organisations were given specific responsibilities in ensuring the implementation of the action plan. Now, if this action plan is followed and Nigeria implements the commitments made before the international community and to Nigerians, the NHRC will be happy because human rights will become an issue that is on the table and Nigeria would be equalled to other parts of the world where human rights are recognised and highly respected. In this process, the commission is going to ensure that governments in Nigeria at all levels are made to implement the full contents of the national action plan for the benefit of all Nigerians.

    As the chairman of the Network of Human Rights Institutions in West Africa, what steps have you taken to improve respect for human rights in the sub-region?

    In January this year, we convened a meeting in Senegal where the various stakeholders were brought together to put in place a work plan for the promotion of human rights in West Africa. We adopted a working document so that national institutions in West Africa, the office of the United Nations Human Rights Commissioner and the United Nations Secretary-General ‘s representative in West Africa, together with their representatives came together and we are strategising on the best way to promote human rights in West Africa. We are particular about the current situation that challenges the enjoyment of human rights within the sub-region particularly, the activities of terrorist groups within the sub-region. In addition to that, as the chairman of the Network for Human Rights Institutions within the region, I will make sure that the institutions attain A status like Nigeria and for that reason, we are going to have a consultative meeting in Mali to see how Mali’s human rights institutions would be strengthened, see how we will advocate with the government of Mali to also come up with a legislation on the Paris Principle compliance that will give independence to the human rights commission there and empower the commission to rise and protect the rights of Malians. After that, we are going to the Gambia to ensure that its government establishes a human rights commission, so that the rights of the people of the Gambia will also be promoted and protected. We are also collaborating with the Economic Community of West African States (ECOWAS) to make sure that the ECOWAS Human Rights Court is strengthened and given all the powers to enable the court rise to the challenge of protecting the rights of persons, particularly with respect to the enforcement of those rights within the West African Sub-Region

    The National Human Rights Commission recently briefed Pro Bono lawyers of the NBA across the country to sue various state governments and their officers for delaying the arraignment and prosecution of awaiting trial inmates, who have spent longer time than necessary in Nigerian Prisons. Why did you do this and what has been the result of this action?

    The Commission, by its laws, is mandated to visit prisons and other detention centres and in the course of our audit of Nigerian Prisons, we discovered that more that more than 70per cent of Nigerians in prisons are awaiting trial and many of them have been there for over 10 years without their trial coming to an end. And we felt that this kind of situation should not be allowed to continue, because it constitutes a violation of the rights of the inmates since the constitution of the country guarantees their innocence until they are proved guilty by a court of competent jurisdiction.

    A situation where a person is kept in prison beyond the term he would have served if he was properly convicted amounts to a violation of the rights of the person concerned. So, this commission with its mandate cannot be crying just like other institutions cry over this problem of congestion of prisons. So, we decided to invoke our mandate to seek redress and the enforcement of the rights of these inmates, particularly given the fact that most of their offences are states’ offences and states are responsible for the long delays of their non trial. What the commission has decided to do is to institute action against the various state governments. So, the commission is partnering with the Nigerian Bar Association (NBA) to enforce the rights of these persons. We started the first batch last year and more than 200 actions were filed in the name of the commission against various state governments across the country. This year, we are going to continue and we are going to sue many more states to make them sit up and ensure that the rights of Nigerians are respected and that Nigerians are not kept in detention or criminalised unnecessarily over a long period of time.

    What do you consider to be the greatest challenge facing your commission?

    The greatest challenge facing this commission today is funding. The commission is prepared to work for Nigerians and enforce the rights of Nigerians. We receive complaints on daily basis, that sometimes it becomes very difficult for this commission to investigate these complaints properly. For instance, we have offices across the various states of the federation, but we don’t even have vehicles to help us carry out our investigations. Because there are no funds, it becomes difficult for us to respond to many of the cases which we have on our hands. For instance, look at the current security situation in the Northeast, we are supposed to be monitoring the security situation there and the activities of the security operatives that are battling the insurgents, but it becomes very difficult for this commission to monitor when we don’t even have vehicles to use in monitoring the situation. So, we have this major challenge of funding and with the lack of funding, we don’t even have enough staff as we should have. The second major challenge is the activities of unknown persons, everyday you hear cases of these insurgents killing Nigerians, which is a major violation of the rights of people, so we are very disturbed. There is so much impunity with respect to the violation of the rights of people and this is a major challenge that we are facing in the realisation of the protection of the rights of Nigerian people.

    It was reported the your commission received petition against the operation of fake medical institutions and pharmacies in the country, what are you doing about this?

    The Commission has received series of complaints over the activities of Patent Medicine dealers, operators of pharmaceutical stores, who do not have the licence to carry out such operations and their activities resulting in the death of so many Nigerians. The commission is at the moment investigating this, we have written to the Pharmaceutical Council of Nigeria to avail us of the list of the list of people who are licensed to sell drugs or operate patent medicine stores in Nigeria. We have also written to them to give us report on the activities of some of them. What the commission is doing now is warning all such persons who are not licensed to sell medicine or sell drugs in this country to regularise their operations or close down their shops or go to jail.

     

  • 50 years of legal education in Nigeria: A critique

    50 years of legal education in Nigeria: A critique

    You could beat your chest firmly in the past and boast that lawyers would never be arrested or charged to court for the sort of crimes you would expect from an average lawless citizen but that is not the case now as the legal profession has been infiltrated by wolves in sheep’s clothing who could not care less about its Rules of Professional Conduct and old traditions. Lawyers now get arrested for crimes bordering on tampering with clients’ money. This was unthinkable in the past but it is now the norm. Something needs to be done about the system that produces our lawyers so that the society can return to seeing them as the social engineers that they are. The Legal Profession has therefore suffered from the problems experienced by the institutions of legal education, most especially:
    •Lack of synergy between the institutions, Lack of basic facilities, Too many students, Industrial actions, Lack of basic facilities, Very few lecturers in faculties of law who actually practise law.

    7. The way forward
    (a) Synergy in curriculum between Nigerian Faculties of law and the Nigerian law school.
    Over 70% of a Lawyer’s foundation is the job of the University he/she attends. It is therefore important that the Universities prepare a law student adequately for the complexities of legal practice. A lawyer must not only demonstrate intelligence and great wit, he is also supposed to be honest and above board. I am well aware of the fact that the issue is sometimes out of the hands of the Universities as the foundation of some students might have been severely damaged in Secondary School. Education in Nigeria is at its lowest ebb and even though the authorities are rising to the challenge, there is still a lot to do.
    At the Law School, a law graduate is introduced to the ethics of the profession but one wonders if nine (9) months is not too short a period for this. The Law Faculties could be made to incorporate professional ethics into their curriculum over the five (5) sessions that a law student is expected to spend in the University. Overtime, the ethics of the profession become engraved in the minds of the law students who will most likely know them by heart by the time they graduate. This same solution could be applied to other aspects of law in which lawyers experience problems today. That way, the introduction to procedural law is gradual and not sudden. It should also be a pre-condition that a Law Student must be found worthy both in learning and in character before he/she is sent to the Nigerian Law School. This will go a long way in preparing law students for the side of law which is nothing like what they have learnt in the University.

    (b) More practising lawyers should be engaged as lecturers or part-time lecturers.
    The Universities and to a lesser extent, the Nigerian Law School, are the factories in which an aspiring lawyer’s foundation is built. By the time law graduates proceed to the Nigerian Law School for the relatively short period (nine months) that they would be there, the seeds sown during their time at the University (where they spend about five years and in some cases, more) would have taken hold, molding them into the lawyers that they will be. The Nigerian Law School equips them for Legal Practice but what has been learnt for five years cannot be compared to what is learnt in nine months. The Faculties at the Universities therefore have a lot to do if they are to produce competent law graduates and by extension, competent lawyers. The Universities therefore have to ensure that more practising lawyers are employed as lecturers in their faculties. Periodic accreditation programmes by the National Universities Commission (NUC) and the Council for Legal Education (Nigerian Law School) would also help to ensure that the faculties of law have the requisite teaching personnel and the right learning environment for their law students30.

    (c) Separation of the Council of Legal Education from the Nigerian Law School
    The Nigerian Law School as presently constituted is over centralized in terms of admission and examination. Although there is a Secretary to the Council of Legal Education and Chairman of the Council, the Director General of the Nigerian Law School virtually runs the Council.  This should not be the case.  It should be the other way round, that is, the Council running the law schools.  In any case, before the multi-campus system was introduced, there was no legislation providing for multi-campus.  It was merely an administrative fiat.
    We believe that the Legal Education Act of 1962 is overdue for immediate review and amendment to provide for autonomous campuses and separation of the Council from the Law School31.

    (d) Private Law Schools And Institutions
    At present, we have a total of one hundred and twenty eight Universities in the country. Fifty (50) out of this number are Private Universities, forty (40) are Federal universities while the remaining thirty eight (38) are State Universities. If private individuals or institutions, can run Universities, I do not see any reason private individuals or institutions cannot run Law Schools under the guidelines to be published by the Council of Legal Education and a central examination conducted by the Council. However, there must be strict regulations and accreditation of such Private Law Schools. This is more or less the practice in other climes, for example, the English system has moved from four Inns of Court to the creation of additional ten institutions for the training of lawyers.

    (e) Rating of Faculties
    Faculties of law in Nigeria should be rated annually. This rating should be continuous with the parameters clearly stated. It should also be the basis upon which law school forms are issued to these faculties of law, regardless of their previous standing with the Council of Legal Education. This way, there would be competition which would only bode well for the legal profession in the long run as a favourable.

    (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 programs 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 (fifty) 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 also 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 mynlasp
    ortal.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 up
    o
    n Tyne  and Kaplan Law School, London
    28
    Court 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.

  • Delta election dispute: ECOWAS Court to give judgment against Nigeria, NJC

    Delta election dispute: ECOWAS Court to give judgment against Nigeria, NJC

    Baring any untoward hindrances, the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) may proceed to give judgment against Nigeria in a case of rights violation initiated by a Nigerian, Jude Eluemuno Azekwoh.

    This is because the Federal Republic of Nigeria and the National Judicial Council (NJC), who are defendants in the suit, declined to respond to the suit filed on December 9 last year, with processes duly served on them.

    The defendants’ refusal to enter defence, the plaintiff argued in a fresh application, violates the requirement under Article 35(1) of the court’s rules, which require a defendant to enter defence within a month of being served with originating processes in respect of a pending case.

    In the new application filed by lawyer to the plaintiff, Bernard Udemba “an order entering final judgment against the defendants as per the claims in the originating summons dated November 27, 2013” was sought.

    The plaintiff, in the application pursuant to Articles 35(1) and 90(1) of the court’s rules 2002, argued that by declining to enter defence within the required time, meant that the defendants have acted in breach of Article 90(1) of the court’s rules.

    Article 90(1) provides that “if a defendant, on whom an application initiating proceedings has been duly served, fails to lodge a defence to the application in the proper form within the time prescribed, the applicant may apply for judgement by default.”

    The plaintiff hinged his application among others, on the ground that since the defendants have failed to enter defence by virtue of Article 75 of the court’s rules, “the court can now proceed to deliver judgment in default” because the defendants have exceeded the required 30 days within which they ought to enter defence.

    “The applicant has, by this application, exercised the right to proceed for default judgment in the event that the defendants’ failure to file defence.

    “The combined effect of Articles 35(1) and 90(1) of the rules of this court is that judgment can now be made against the defendants, the plaintiff having applied for it,” Azekwoh said.

    He argued that the defendants’ refusal to enter defence, having been duly served with the originating processes, ought to be seen as a disrespect to the court’s authority.

    The plaintiff contended that the defendants’ continued refusal to respond to the suit amounted to an abuse of the court’s  process. He urged the court to protect its authority and dignity from abuses by proceeding to give judgment against the defendants, as required under its rules.

    Azekwoh principally accused the defendants of unjustly denying him the opportunity of having his case properly adjudicated upon by the Nigerian judicial system.

    The plaintiff, who seeks among others, $10million as compensation, argued that by their actions or inaction, the defendants violated his rights as guaranteed under Sections 3, 7 and 13 of the African Charter on Human and People’s Rights (ACHPR).

    Azekwoh participated in the 2011 Delta North Senatorial election as a candidate of the Democratic People’s Party (DPP), which Arthur Ifeanyi Okowa of the People’s Democratic Party ((PDP) won.

    Dissatisfied with the outcome, he went before the Electoral Tribunal to contest the result.  The tribunal struck out his petition on the ground that his application for the pre-trial session was not by way of motion. He appeal the judgment at the Court of Appeal, Benin, Edo State where he claimed his appeal was unfairly dismissed.

    His recourse to the ECOWAS Court, he said, was because of the alleged failure of the NJC, an agency of the Federal Government with control over the nation’s judiciary, to act on the petitions written by his lawyer, Dipo  Okpeseyi (SAN), asking the NJC to look into the case.

    Okpeseyi, had in one of the petitions, said Azekwoh’s “petition was sacrificed on the altar of technicalities” at both the tribunal and the appeal, thereby leaving unresolved, the questions raised about the competence of the PDP candidate now occupying the disputed senatorial seat.

    “The decision and approach of the panel of justices of the Court of Appeal, Benin in respect of this matter, violently violated our client’s right to fair hearing, compromised his appeal and has occasioned miscarriage of justice,” Okpeseyi said in one of the petitions, copies of which formed parts of the court documents.

    Azekwoh argued that where his appeal against a decision of an electoral  tribunal was “dismissed for no reason in law and in fact, without hearing,” his right to equality before the law, protection of the law, fair hearing and right to participate in government, guaranteed by the ACHPR, has been violated.

    He is praying the ECOWAS court to declare:

    * “That his right to equality before the law and protection was violated as the Appeal Court in Benin allegedly refused to hear his appeal on no justifiable legal or factual ground;

    *”That his rights, as a Nigerian and citizen of ECOWAS, to have his case heard at the appellate level of  the country’s court and be accorded fair hearing were violated when the Court of Appeal, Benin refused to hear his appeal no: CA/B/EPT/230/2011;

    *”That the failure of the NJC to act on his petitions has resulted in the continued breach of his right to fair hearing  and freedom to participate in the government contrary to Articles 7 and 13 of the ACHPR.

     

  • NIALS: 35 years after

    NIALS: 35 years after

    Nigerian Institute of Advanced Legal Studies (NIALS) has rolled out a week long programme of activities to mark its 35 years of existence and contributions to the development of legal scholarship in the country.

    The scholarship was the brainchild of the dogged determination of great men and women whose vision has left a lasting legacy resonating through generations yet unborn and the passion of a true academic.

    The Institute began with the dynamic approach of the late Justice Timothy Aguda, who was its first Director-General. Aguda’s appointment in 1978 came with its challenges. But with his resilience, he tenaciously fought for the Institute’s autonomy. The institute was finally recognised by the then Supreme Military Council (SMC), when it enacted into law the Decree establishing the institute with effect from June 27, 1984.

    Chronicling the legacies of the Institute are by no means a simple task, as the 35 years of its existence is worthy of note in history. The trail blazing efforts of the Institute began with intellectual engagements as far back as March 17 1979, when it had its official opening speech delivered by Prof. Roy Marshall, the then Secretary of the United kingdom’s Vice- Chancellors and Principals Committee. Prof. Marshall’s Inaugural lecture had in attendance the late Justice Teslim O. Elias of the International Court of Justice at “The Hague”.

    Evidently, the Institute has always celebrated its anniversary with an array of erudite scholars of international repute.

    Over the years, the Institute has laboured tirelessly to actualise the dreams of its founding fathers. A review of its academic precedents is remarkable, beginning with the introduction of its first training course in Practice and Procedure and courses in Legal Drafting, which has run throughout the course of its existence.

    The Institute’s postgraduate school (PGS) – Akinola Aguda School of Post Graduate Studies, established in 1997 as the Post-graduate Studies Unit with the exclusive aim of running a postgraduate Diploma and Masters degree in legislative drafting , was the first of its kind and has since grown to become second to none in Africa.

    NIALS from inception, has been endowed with highly talented and dedicated academic staff, who have made remarkable progress in research, thereby contributing immensely to the nation’s development in the field of law. In the words of the immediate past President of the Nigerian Bar Association (NBA) , Joseph Bodunrin Daudu (SAN): “The Institute has remained one of the most focused and aggressive providers of continuing legal education and development schemes ever witnessed by the legal profession in Nigeria.”

    The institute has expanded the scope of its research and dissemination activities in order to meet the challenges of its greatly enhanced mandate under its enabling statute. Through its large reservoir of academic programmes ranging from scholarly publications; public lectures; roundtables; continuous legal education and post graduate programmes the institute has won itself a pride of place.

    The passion to steer NIALS to greater heights has been the drive of distinguished individuals and highly skilled academics of international repute. These innovative past and present Directors-General have each laid the foundation that demonstrated their driving force behind the success of the institute.

    Indeed, the great strides the institute has made can be ascribed to great individuals, who have left their enviable marks on the pages of our history. Some of these worthy personalities must be commended for their resounding efforts. They are Prof. Ayo Ajomo; Prof. Ignatius Ayua (SAN); Prof. D. Guobadia and the current Director-General Prof. Epiphany Azinge (SAN).

    In order to reinvent and reorient legal research in Nigeria the institute under the visionary and dynamic leadership of Prof. Azinge introduced the Ph. D programme in Legislative Drafting in 2009. Indeed, the beneficiaries of this course can testify that huge resources have been saved in attending the institute as opposed to education outside the shores of this country.

    On December 7, last year, history was made when the institute produced its first set of Ph. D graduates with the conferment of Doctor of Philosophy in legislative drafting on two well-deserving scholars. In fulfilment of its mandate as the centre for advanced legal research and in order to continue a tradition of excellence in training knowledgeable skilled and highly trained legal practitioners, the institute has recently developed an online platform to create an accessible, user friendly web environment to support E- Learning. This, it is believed, will enable the delivery of course materials and test requirements for NIALS.

    The Institute publishes more that 30 peer review journals and over 500 books of nternational standard. Its library occupies a unique place pivotal to the discharge of the institutes functions. It has the largest collection of materials with over 12,000 valuable volumes.

    In the words of former President of the NBA, Chief Wole Olanipekun (SAN): “One of the high points in the history of the Institute was the Centenary Law Summit, which has been internationally applauded as the unsurpassed scholarly engagement by any tertiary institution this year. So, also is the Festival of Legal Scholarship adjudged locally and internationally as the most innovative and brilliantly conceived programme globally.”

    As a way of giving back to the society, NIALS recently established the Mohammed Lawal Uwais Public Service Award for well deserving Nigerians in the civil service. This has indeed, fostered a revival of the Civil Service. Amongst other notable contributions to the society, the institute recently introduced the NIALS online Pro bono law clinic, a legal advice center where clients can visit for answers to knotty legal issues.

    Also the institute celebrates periodically the success of lawyers, jurists and statesmen, who have made extraordinary contributions to law and humanity, with platforms such as NIALS Hall of Fame and the Conferment of Fellowships.

    These milestones are being celebrated from March 10 -17 2014. The events took off yesterday in Lagos with an inaugural lecture by Prof Animi Awah, titled: “Harnessing Nigeria’s Banking System: Potential for Sustainable Development”. To further celebrate NIALS contributions to national development, a social media assessment will take place to celebrate the support which the have given the Institute.

    Also, all the fellows of the institute will gather for a conversation on law and order as a way to celebrate the success of lawyers and jurists in the NIALS Hall of Fame. After which a prestigious award would be held to commemorate outstanding contributions to humanity. Professors holding chairs in the institute will be formally inaugurated with a symposium which will be a platform to discuss contemporary issues in law.

    As part of NIALS contributions to development the institute will organise a walk against domestic violence and an enlightenment initiative to sensitise the public on the Nigerian Constitution. To draw the curtain on its festivities, NIALS Founders Day lecture will be delivered by Justice Karibi Whyte (rtd), titled: “In the eyes of the law”.

  • Compendium of Nigerian Laws on corruption, economic, financial crimes

    Compendium of Nigerian Laws on corruption, economic, financial crimes

    This authoritative, attractively packaged and well-researched work titled: “Compendium of Nigerian Laws on Corruption, Economic & Financial Crimes” is authored by Mr. Chuma C. Chinye, who is eminently qualified by virtue of his antecedents, profile and pedigree to write on the subject matter.

    Currently serving as the Commissioner for Commerce and Industry in Rivers State and having previously served at the Federal level in such capacities as the Special Assistant to the Attorney-General of the Federation, legal adviser and member, Board of Federal Inland Revenue Service (FIRS), Chinye is qualified to write on the subject matter.

    Chinye was also the legal adviser to the joint Tax Board; Senior Special Assistant to the National President of the Association of the Local Governments of Nigeria (ALGON) and project adviser to the Economic and Financial Crimes Commission on “Fix Nigeria Project”. He has nearly 25 years post-call experience and a record of impressive association with leading law firms in Nigeria.

    Chinye in writing the book sought to achieve far-reaching objectives. First, the need to inform and sensitise the citizenry on the applicable laws on corruption, economic and financial crimes to forestall ignorance; Secondly, the need to assemble all laws on the subject together; Thirdly, the need to develop the jurisprudence on corruption, economic and financial crimes; Fourthly, the need to make available traceable case law within Nigeria and other jurisdictions on the subject matter; Fifthly, the need to deepen discourse on the subject matter in order to promote intense analysis and consciousness, which is the bedrock of intellectualism; lastly, the need to improve the study and practice of law on corruption, economic and financial crimes across disciplines particularly in our universities.

    Analysis of Text:

    The work is in two volumes (Volumes 1 and 2). Both volumes of the compendium contain a wide array of legislations that impact on the subject matter laced “with comments, case law and cross-references”.

    Volume 1 running into 646 pages and terminating with the profile of the author covers eleven (11) chapters each of which examine different legislations. Volume 1 also contains about two hundred and sixty one (261) reported cases.

    Volume 2 containing chapter 12 to chapter 27 (16 chapters) examines other statutory legislations on the subject matter coupled with a consideration of two hundred and sixty four (264) reported cases all decided at various courts in Nigeria and abroad and is proof that indeed the Nigerian judiciary has indeed been very active in fighting Corruption, Economic and Financial Crimes . The book is also very rich in statutes, relevant rules and valuable materials on the subject matter of great jurisprudential value – a factor that may have impacted greatly on its quality outcome. In addition, this work is loaded in terms of types and weight of authority. It is a unique resource material in that being a compendium of Nigerian laws on Corruption, Economic and Financial Crimes, it no doubt constitutes primary authority on the subject. Fully loaded with comments, case law and cross references, it also alludes to secondary authority, both of which are of mandatory and persuasive import to the researcher and other users of the book.

    Altogether, the book examined 27 different legislations – an indication that indeed the author and his editorial team may have covered the field extensively on the subject matter.

    The book is also arranged in chapters for clarity with each chapter devoted to a consideration of a major statutory provision that impacts on corruption, economic and financial crimes. Chapter 1 discusses the Advance Fee Fraud and other fraud related Offences Act 2006 with the referred chapter enriched by introductory comment, commentaries on each of the provisions enacted including copious use of cross references, case laws, general and concluding commentaries on the salient provisions.

    Chapter 1 discusses the Provisions of Advance Fee Fraud and Other Fraud Related offences act 2006. Bank Employees, etc. (Declaration of Assets) Act No 24 of 1986 which is the subject matter of chapter 2 examines detailed provisions “…for the declaration of assets by employees of banks operating in Nigeria and to empower the president to extend its application to other categories of persons”. Chapter 3 examines code of Conduct Bureau and Tribunal Act 1989 dealing “…with complaints of corruption by public servants for the breaches of its provisions”. Chapter 4 discusses Corrupt Practices and Other Related Offences Act, 2003 the legislation designed “…to prohibit and prescribe punishment for corrupt practices; and other related offences and to establish Anti-Corruption Commission”. Chapter 5 covers Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, 1999 detailing provisions “for the prohibition of sale and distribution of counterfeit, adulterated, banned or fake, substandard or expired drug or unwholesome processed food; and of sale, of drugs or poisons in certain premises or places”. Chapter 6 examines Counterfeit Currency (Special Provision) Act No. 22 of 1984 providing “…for penalties of counterfeiting in currency and other ancillary matters”.

    Chapter 7 discusses Criminal Code Act. Laws of the Federation of Nigeria 2004. Chapter 8 covers Currency Offences Act, No. 14 of 1920 which is designed “…to prohibit certain acts tending to depreciate currency” . Chapter 9 discusses the Dishonoured Cheque (Offences) Act, No 44 of 1977 making it “…an offence for any person anywhere in Nigeria to induce the delivery of any property or to purport to settle a lawful obligation by means of a cheque which when presented within a reasonable time is dishonoured on the grounds that no funds or insufficient funds were standing to the credit of the drawer of the cheque, and for matters connected therewith”.

    Chapter 10 covers Economic and Financial Crimes Commission (Establishment) Act, 2004 enacted to curb the menace of Economic and Financial Crimes. Chapter 11 discusses Examination Malpractices Act, No. 33 of 1999 and creates “… offences relating to examination malpractices and to prescribe penalties for such offences” with a view to addressing the incidence of examination malpractices in the country. Chapter 12 discusses Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994 with a view to providing a mechanism “… for the recovery of debts owed to failed banks and for the Trial of Offences relating to Financial Malpractices in Banks and other Financial Institutions” .

    Chapter 13 discusses the Fiscal Responsibility Act 2007 to ensure “… prudent management of the Nation’s Resources, ensure Long-Term Macro-Economic stability of the National Economy, secure greater accountability and transparency in Fiscal operations within the Medium Term Fiscal Policy Framework, and the establishment of the Fiscal Responsibility Commission to ensure the promotion and enforcement of the Nation’s Economic objectives; and for related matters” Chapter 14 dealing with Foreign Exchange (Monitoring and Miscellaneous Provisions) Act 1995 strives “…to establish an Autonomous Foreign Exchange Market and to provide for the monitoring and supervision of the transactions conducted in the market and for matters connected therewith”. Chapter 15 discusses Freedom of Information Act 2011 designed “ …to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and ; for related matters” .

    Chapter 16 discusses Miscellaneous Offences Act 1984 which created “… a number of miscellaneous offences with stiff penalties and for the trial of such offenders”. Chapter 17 examines Money Laundering (Prohibition) Act 2011 to check the menace of money laundering offences. Chapter 18 discusses National Agency for Food and Drug Administration and Control Act 1993 which establishes “… the National Agency for Food and Drug Administration and Control with the functions, among others, to regulate and control the importation, exportation, manufacture, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals”.

    Chapter 19 discusses the National Drug Law Enforcement Act 1989 which established “…the National Drug Law Enforcement Agency to enforce laws against the cultivation, processing, sale, trafficking and use of hard drugs and to empower the agency to investigate persons suspected to have dealings in drugs and other related matters”. Chapter 20 discusses Nigeria Extractive Industries Transparency Act 2007, a legislation providing “…for the establishment of the Nigeria Extractive Industries Transparency Initiative (NEITI) charged with the responsibility, among other things, for the development of a framework for transparency and accountability in the reporting and disclosure by all extractive industry companies of revenue due to or paid to the Federal Government”. Chapter 21 covers the Nigerian Deposit Insurance Corporation Act 1988 which established “…the Nigerian Deposit Insurance Corporation for the purpose of insuring all deposit liabilities of licensed banks and other financial institutions”. Chapter 22 deals with the Penal Code (Northern States) Federal Provisions Act 1960 designed “…to supplement the Penal Code of the Northern States in respect of matters within the exclusive legislative competence of the National Assembly, and for purposes ancillary thereto”. Chapter 23 discusses Public Accounts Committee Act 1987 “…to establish the Public Accounts Committee to examine the audited accounts of all offices and courts of the Federation and the Auditor-General’s report thereon and other detailed matters”. Chapter 24 discusses the Public Complaints Commission Act 1975 which established “…the Public Complaints Commission with wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials, and other matters ancillary thereto”.. Chapter 25 relates to Public Procurement Act 2007 enacted “…to establish the National Council on Public Procurement and the Bureau of Public Procurement as the regulatory authorities responsible for the monitoring and oversight of Public Procurement, harmonizing the existing government policies and practices by regulating, setting standards and developing the legal framework and professional capacity for public procurement in Nigeria, and for related matters”.

    Chapter 26 discusses the Recovery of Public Property (Special Provisions) Act 1984 which makes “…provisions for the Investigation of the Assets of any Public Officer who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office or has in any way breached the Code of Conduct for Public Officers contained in the Constitution of the Federal Republic of Nigeria”.

    The final chapter, Chapter 27 deals with Trade Malpractices (Miscellaneous Offences) Act 1992 creating “…certain offences relating to trade malpractices”. The book terminates with the rich brief profile of the author who is currently engaged in public service.

    These chapters examine holistically, the legislations in detail, their jurisdiction, and the penalty provisions including mechanism for enforcement. Each of the chapters is also laced with case law, cross-references and authoritative commentary on the statutory provisions considered drawing comparative analysis and case law materials from within and outside jurisdictions to enrich the subject matter.

    The comments of the author at the end of each of the chapters are useful commentary on the law providing a refreshing perspective on the analysis of the legislation being considered. These commentaries constitute secondary authority to the legal mind that are quite useful in legal research because the analysis can help the reader or researcher understand complex legal issues and also refer the researcher to primary authority of comparative jurisprudential value. Consequently the book is unique in that it takes the reader on an excursion of detailed examination of the legislations considered through the cases giving the reader a twin advantage of appreciating the salient statutory provisions contained in each of the legislations as well as judicial interpretations of those provisions through the cases. Thus, the practitioner, the adjudicator, the researcher, the student and the reader will find it handy and authoritative indeed.

    Strengths and Uniqueness of the Book:

    A compelling attraction of the book is the weight of commentaries either as introductory comment, at the end of each section of the statutory provisions examined, by way of cross-references or through the mechanism of general comment and finally by way of concluding comment at the end of the statutory provisions being considered.

    “The number “419” was derived from the Criminal Code Act which provides for the offence of “obtaining goods by false pretence” under section 419. Other sections dealing with fraud and involving false pretence under the criminal code include: sections 19A, 19B and 20. False pretence is defined under section 418 of the Criminal Code Act.”(See page 5, chapter 1).

    The author also makes effective use of cross reference in explaining the meaning of false pretence in section 20 of the Advance fee fraud and other related offences Act when he writes:

    “For the definition of “False Pretence” see section 20 of the Act; also see section 418 of the Criminal Code Act, Cap C38 LFN, 2004.”

    The further strengths of the book lie in the fact that the source materials are current and the force of the commentaries are quite authoritative. Reference to case law materials and effective use of cross references including comparative analysis of the jurisprudence of the subject matter of corruption, economic and financial crimes make the book a compelling research material for all stakeholders in the administration of justice.

    Indeed this book is a must read for all those who are interested in the subject matter of corruption, economic and financial crimes including how these offences impact on the developmental process. It is also useful for those interested in determining the ingredients of the offences that constitute corruption, economic and financial crimes and how those ingredients may be established for successful prosecutions of culprits. Prosecutors of these offences bordering on corruption, economic and financial crimes and defence lawyers would also find the book very useful. The wide diversity and dimension covered by corruption, economic and financial crimes are also fully illustrated with statutory and case law authorities for the guidance of all stakeholders in the administration of justice. The simplicity of style and language deployed by the author in writing the book also offers the general reader the opportunity of following the submissions and arguments raised in the book without difficulties.

     

    Concluding Remarks:

    Obviously impressed by the brilliance, experience, exposure and contribution of the author to legal knowledge including the strength of this work, the author narrated the seeming disappointment of the distinguished Senator Victor Ndoma-Egba, who wrote the Foreword to the book, at the digression of the author from legal practice owing to public service– a factor which the distinguished senator attributed to the non-recognition presently of the author as a Senior Advocate of Nigeria (SAN). Given the strength of this powerful work, I am in complete agreement with the sentiments on the author expressed by the distinguished senator who is also a Senior Advocate of Nigeria.

    Notwithstanding, the author need not worry any further at the prospect of attaining this exalted rank very soon, for he has written a very useful book impactful on legal scholarship, development and law practice generally.

    This masterpiece is authoritative. The author has distinguished himself by writing this book which will no doubt make substantial contributions to the practice of law and legal commentaries that will no doubt become a major source of reference by legal practitioners, judges, law teachers and law students.

    The conclusion that can be reached without any fear of contradiction is that the author has greatly succeeded in writing a very useful book that would impact positively on the subject matter of corruption, economic and financial crimes.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Consequently, I have no hesitation whatsoever in recommending this book to all stakeholders in the administration of justice.

    I therefore strongly recommend the book to all particularly all those interested in interrogating the subject of corruption, economic and financial crimes.

     

     

     

     

     

     

     

     

     

     

     

    Limitations of the Book:

     

    The book is no doubt an assemblage of most of the relevant laws on the subject matter of corruption, economic and financial crimes. One surprising element, however, of this authoritative research material is that the author inspite of his busy schedule as a serving public officer has written a very useful book which may have sent a very powerful message to serving public officials not to use the excuse of public service to shy away from the intellectual empowerment of the society.

    Notwithstanding, since this is a review and no work is perfect without flaws, one may allude to few limitations of this highly resourceful material.

    The book itself is a print research tool and thus has the disadvantage of providing the easiest and most efficient means of accessing the information needed. The limitation however, which is common to print sources, is making sure the information is current. Most print sources of legal materials constitute books made with hard cover which makes it difficult to update them when the law changes. Since law is dynamic and thus susceptible to change, this new book may be out of date shortly, given the fact that our parliament is busy daily tinkering with these laws as new realities emerge. The author is therefore advised to bear in mind that he would regularly keep the book updated with soft cover pamphlets containing new information that will enable this compendium remain a relevant primary and secondary source research material.

    The author should also ensure that this book is available in electronic format and also on the internet, given the advance in technology.

    It is also important to note that this work focuses mainly on Federal Statutes. There is a growing literature/jurisprudence of legislative materials in the states impacting greatly on corruption, economic and financial crimes which the author ought to consider in subsequent editions of the book. This is based on the need to promote our state legislations in order to encourage practitioners to practice across the states of the federation.

    The author may also not have covered the entire field regarding relevant Federal Legislations on Corruption, Economic and Financial Crimes. Two of these readily come to mind. The first is the Allocation of Revenue (Federation Account etc.) Act 1982 prescribing “…the basis for distribution of revenue accruing to the Federation Account between the Federal and State Governments and the Local Government Councils in the States; the formula for distribution amongst the States inter se; the proportion of the total revenue of each State to be contributed to the State Joint Local Government Account; and for other purposes connected therewith”

    The second legislation not considered is The Finance (Control and Management) Act 1958 with detailed provisions “…for the control and management of the public finances of the Federation and for matters connected therewith”.

    Notwithstanding these limitations, the book can be a very useful source for researching federal statutes in Nigeria that deal with Corruption, Economic and Financial Crimes.

     

     

     

     

     

     

     

     

  • Boko Haram and National Conference

    The resort to maximum terror by the Boko Haram insurgents in the run-up to the National Conference, starting on March 17, may be a political message to the Nigerian elite. If so, I hope they take note. With over 400 children, youths, adults, old men and women slaughtered or burnt to death, within five weeks to the start of the conference by the incendiary elements, the biggest issue for the national confab will no doubt be: ‘what can be done to secure lives and property in Nigeria’. The old national scarecrow, resource control, can only come second, now. Even the conferees will no doubt be wary of any suspicious movement, stampede or a carelessly lying suspicious object; as they wheel and deal in the cozy environment of Abuja.

    This column supported the convocation of the national confab, even before it became agreeable to the majority of Nigerians. The reason is simple. Nigeria as presently governed can not survive a few more decades, regardless of all the optimism by those temporary benefiting. And the reason is because there is perverse corruption, particularly the carefree massive stealing of our common resources, by public officials across the land. This gross mis-governance is possible because of the structural defects in our country, which our political office holders exploit to divide the people and avoid any form of accountability. But to my chagrin, and I guess most Nigerians, the 492 potential conferees, who I thought would change the paradigm, appear already ensnared into the gang of national treasury looters.

    Forgive my impudence, but there is no other way to describe the humongous allowances that the federal government has promised the delegates. That may explain, why retired and tired old men and women are struggling to get a share of the gravy. One source said the delegates will be paid 4 million naira per month, with other comforts. If that is true, each delegate will ‘earn’ 12 million naira for the three months they will sit. This ridiculous waste of scarce national resources will be shared from the mind boggling budget of a whooping 7 billion naira budget, for the conference. Now, if we rail at the audacious impunity of our law makers and executive officials, who appropriate unconstitutional allowances to themselves, what moral authority will the potentially conniving conferees have to propose an equitable protection and re-distribution of our national resources.

    Indeed, if truly the National conferees who will soon assemble to proffer the solutions to our current crisis, will be comfortable with such an anomalous earning for what should at best be a part-time patriotic engagement, then we wont be surprised if their time at the conference will be spent hankering over allowances, comforts and similar distractions. It does appear to me, now, that what the President has opted for, by agreeing to a national conference, is an opportunity to assemble the crème de la crème of our socio-political and economic elites, and summarily bribe them to shut-up and allow him a secound term in office, in 2015.

    For it is unthinkable that after grabbing, just in the same manner as our current political office holders are doing, 12 million naira and other sundry entitlements for a mere three months ‘work’; the participants will have the mindset or the temerity to thoroughly appreciate and proffer solutions to the dire economic and political crises starring our dear country in the face. Their case may not be different from the leaders of the Niger-Delta militants, who have been ensnared by the Abuja glitterati, that they have completely forgotten their recent past. If in doubt, compare the ‘rag tag generals and war lords’ that came out of the creeks to shake the hands of former President Yar’Adua on being offered an amnesty program and the suave and sharp looking ‘billionaire business men and philanthropist pretenders’ parading the corridors of power after having handsomely been settled because of who they were. The magic is the massive infusion of luxury and unearned income, which has compromised them.

    Such cycle is the tragedy of the Nigerian elite. When he/she is outside the corridors of power, the mind is uncluttered and he/she appreciates what needs to be done to have a functional nation, in the true sense of it. Unfortunately, when the elite gets into power or a position to influence a change, he/she is overwhelmed by the unearned easy life, and soon becomes so encumbered that he/she turns into a clog in the wheel of any measure of national progress. Regrettably, President Jonathan and the rest of them are, whether they know it or not, in that quandary. Our country, as is, is a nightmare, regardless of the amount of resources you may have accumulated. If for no other reason, for the simple one that you can not say with any measure of certainty, that you and your wealth are safe and secure.

    So as the conferees engage in their task, with all the temptations of excessive comfort, they should spare a thought as to the audacious impunity of the Boko Haram. What inspires and sustains it? What needs to be done to contain and resolve it – militarily or politically? They should also spare a thought as to why our national resource is like an unmanned bazaar, such that our public officials freely steal to their hearts’ desire. They should question the legitimacy of the sources and the security of national resource, both human and material. Here they should ask themselves, whether what is in place is fair, reasonable and sustainable. Luckily, nobody is expecting them to re-invent the wheel. Precedents, systems and process abound. What is needed is for them to spare a thought for the possibilities.

    For comments: 08033054939 (sms only)

     

  • Appeal Court validates Econet’s five per cent shares

    Appeal Court validates Econet’s five per cent shares

    The Appeal Court, Lagos judicial division last week validated the five per cent shares of Econet Wireless International (EWI) in the Econet Wireless Nigeria (EWN) as its equity contribution for the operation of a Global System for Mobile Network (GSM) in Nigeria.

    The judgment, read by Justice Habeeb Abiru, upheld the decision of Justice M .L Shuaibu of the Federal High Court, Kaduna delivered on January 24, 2012, which restored EWI to its rightful position within the GSM 13 years ago.

    The appellate court held that the Arbitral Tribunal chaired by Hon. Justice Emmanuel Sanyaolu, was in order for declaring that the Offer Letter made by Celtel Nigeria BV to Econet Wireless Limited was right.

    EWI had dragged EWN to the Federal High Court and claimed among others, that the plaintiff is still a shareholder and member of the 1st Defendant’s company; that the 1st defendant’s letter of November 24, 2003 removing the plaintiff’s name as shareholder and member of the first defendant’s company is illegal, null and void; that all general meeting (be it annual or extra ordinary) of the first defendant held after November 13, 2003 and to which the plaintiff was not put on notice are irregular, illegal, null and void; that all resolutions passed by the company in lieu of the holding of general meeting pursuant to the provisions of Section 234 of the Companies and Allied Matters Act 1990 to which the plaintiff is not a party, is irregular, illegal, null and void.

    EWI also sought from the court a declaration that pending the determination of the suit and suit No. FHC/CS/962/2003 between the parties, pending before the Federal High Court, the first defendant could not and should not transfer its assets(including the license granted to it by the defendant) for the operation of GSM Networks(GSM) in Nigeria, to any company incorporated and jointly owned by the first defendant and Vodacom and any other company; that notwithstanding the provisions of Section 234 of the Companies and Allied Matters Act, a resolution to effect a change of name of the first defendant cannot be validly effected without complying with the provisions of Sections 31 (3) and 45(1) of the Companies and Allied Matters Act amongst other provisions.

    The company asked the court for an order setting aside all resolutions and decisions taken at any such meeting as referred to in clause 3 and 4 above; an order of injunction against the second defendant from giving any effect to any request made to it by the first defendant for the transfer of the license granted to it by the second defendant until the determination of the suit and suit No. FHC/L/CS/ 962/2003 and an order of injunction restraining the first defendant from doing any of the acts set out in claim 7 above.

    It further asked for an order setting aside the resolution circulated by the 1st Defendant pursuant to the provisions of Section 234 of the Companies and Allied Matters Act.

    EWI had claimed that by the provisions of the CAMA 2004, it was a member of EWN validly holding five percent of the shares of EWN and that by the provision of Section 90 of CAMA, EWN had no power to delete its name from EWN’s register of members without the sanction of the court. The company further argued that the Corporate Affairs Commission (CAC) had no right in law to change its name in spite of its protest. EWI therefore, urged the appellate court to determine:

    (i.) Whether the lower court was correct when it held that the appellant did not make out a credible case showing that the share certificates issued to the first respondent as the registered owner of five million of its ordinary shares fully paid up were wrongly, unlawfully or irregularly given or were given in error without authorisation by its board of directors, or upon a mistake or misapprehension and misrepresentation and that the entry without sufficient cause;

    (ii.) Whether the lower Court was correct when it held that the Board of Directors of the appellant was not, in the circumstances of this case, empowered under the provisions of members by deleting the name of the first respondent thereon without first seeking or obtaining the leave or sanction of a court to do so.

    Justice Abiru’s judgment, which was endorsed by Justices AbuduAboki and Ita .G. Mbaba upheld the decision of Justice Shuaib, which initially dismissed the submission of CAC that it had the right to change the name of EWI.

    Justice Mbaba in supporting Justice Abiru reasoned that: “Appellant can not be taken serious to say that it made and lived under the alleged error or mistake, considering the fact that first respondent’s acceptance and registration as shareholder in the Appellant had passed through intense negotiation and scrutiny (which even included a court process and order, as per suit No. LD/1408/2001, which admitted the minutes of the board meeting of the Appellant, held on 19/6/2001 (Exhibit C2), allotting the five million ordinary shares to the first respondent). And the Extra ordinary general meeting of the Appellant, held on October 6, 2003, as per Exhibit D4!

    “How come the Board of Directors now alleges making mistake or error in the registration of the 1st respondent as shareholder, after their final decision had been ratified at the Extra Ordinary General Meeting of the Appellant, reached in October, 2003,” he held. Justice Shuaib had granted the plaintiff’s declarations and held that: “In the light of the above and considering my findings, judgment is accordingly entered in favour of the plaintiff against the defendants to the effect that the removal of the plaintiff as shareholder and member of the first defendant was illegal and that the meetings held after November 13, 2003 to which the plaintiff was not put on notice was also illegal, null and void. Consequently, the resolutions and decisions thereby taken as well as the effects given by the second defendant are hereby set aside.”

    The appellate court, confirming the decision of the lower court, held that EWI was duly registered as a member of EWN.

    The upper court also dismissed the counter-claim of EWN that it suffered cash losses as a result of EWI’s inability to pay for its shares. On the arbitral tribunal issue, Celtel Nigeria BV had earlier dragged Econet Wireless Limited; Delta State Ministry of Finance Incorporated (DSMFI); O&O Network Ltd; DTSG Ecoshares Limited; FBC Asset, AkwaIbom Investment & Industrial Promotion Council; Ibile Holdings Limited; First City Telecoms Limited; LAC Telecoms Limited; All speaks Nigeria Limited; S&D Ventures Limited and Oceanic Securities International Limited before a Lagos High court presided by Justice Oludotun Adefope-Okojie .

    Other respondents are Mr. Boye Olusanya; Mr. Tunde Hassan Odukale; Condor Investments Limited; Mr. Bolaji Balogun; Broad Communications Limited; Mr. Oba Otudeko; Ms. Foluke Otudeko and Mr. Ayo Adeboye. Since it is a consolidated suit, Ibile Holdings Limited also sued all the respondents listed above including Celtel BV.

    The third suit, which was consolidated before Justice Adefope-Okojie, was initiated by DSMFI and DTSG Ecoshares Limited listed the same respondents while the suit by Akwa Ibom Investment and Industrial Promotion Council was the fourth suit where the same respondents were listed. The relief sought from the court by Celtel Nigeria BV include:

    (i) An order setting aside the Partial Final Award dated September 22, 2011 and made by the Arbitral Tribunal, constituted of Hon. Justice E. O. Sanyaolu (rtd), Mr Fidelis Oditah QC, SAN and Mr Stephen Bata and

    (ii) An order of injunction restraining all respondents identified above by themselves, their servants, agents and or privies from taken steps by doing anything whatsoever towards reconvening, reconstituting and/or participating in further arbitration proceeding subsequent to the Partial Final Award dated December 22, 2011 before the arbitral panel constituting Hon. Justice E. O. Sanyaolu (rtd) Mr. Fidelis Oditah QC, SAN and Stephen Bata by any means whatsoever, including electronic mail communications, video conferences or any other means towards concluding procedure in respect of the final award of damages.

     

     

     

    Six issues that were raised for determination Celtel Nigeria BV, which are similar to the issues raised by other parties include:

    1. Whether the Akwa-Ibom, applicants are out of time and should be granted an extension of time to set aside the Arbitral Award?

    2. Whether the court has jurisdiction to set aside an international commercial award and what test should this Court adopt in deciding whether or not to do so?

    3. Whether the Arbitrators misconducted themselves in assuming jurisdiction and deciding the parties’ right under the Shareholders Agreement dated 30th April 2002 when there was a pending action filed by Econet Wireless Limited in Suit LD/841/2006 under the Offer Letter Contract dated 2nd May 2006 thereby constituting an abuse of process?

    4. Whether the Arbitral Tribunal was properly constituted in accordance with Clause 25 of the SHA and/or Section 7(3)(c) of the Arbitration and Conciliation Act?

    5. Whether the Arbitral Tribunal has power to award money damages in lieu of the relief sought to unwind the previously executed sale of shares?

    6. Whether the Court should set aside the award?

    The tribunal first held that “with regard to international arbitrations, this court does not have authority to extend the time to set aside an international commercial award, time limit for which as stated in section 29 (1) of ACA to be three months. I hold the Originating Motion of the Akwa-Ibom Applicants as time barred and strike out their application. I resolve this issue against the said Applicants”.

    To resolve the issue, Justice Adefope- Okojie raised six issues for determination when the arbitral matters were brought before her.

    She held that the court has jurisdiction to set aside an international commercial award. While endorsing the tribunals award, the court agreed with the tribunal that “the claims in LD/841/2006 are for alleged breaches in the Offer Letter and which Offer Letter Contract, Econet seeks for an order setting aside the sales of Celtel whereas the claim before the Tribunal is for breache of the SHA in relation to Econet’s rights of pre-emptions”.

    On whether Justice Abdullahi Mustapha, the successor to Justice RoselineUkeje as Chief Judge of the Federal High Court, had power to constitute the Arbitral Tribunal, the Court held that, “with the rule in question do not preclude the incumbent CJ of FHC from exercising the power of appointment given by Clause 25.1 of the Shareholders Agreement (SHA)”.

    Justice Adefope-Okojie held that, “I do not see any decision made by the Tribunal on these claims which are wrong and vicious. The fact that this Court may have arrived at a different decision is no reason. I hold, to set aside an Arbitral Award, the parties, by Clause 25(2) of the SHA have agreed would be binding on them.

    “Having decided all the issues for determination against the Applicants and in favour of Econet, I dismiss the Originating motions filed by the Applicants, Celtel Nigeria Ltd, Delta State Ministry of Finance Incorporated, DTSG Ecoshares Ltd, akwa-Ibom Investment and Industrial Promotion Council and Ibile Holdings LTD, for the setting aside of the Partial Arbitral Award or part thereof made by the Arbitral Panel on 22nd December, 2011, I refuse the other prayers sought in the said applications”.

    It was this decision that was taken to the Court of Appeal, Lagos Judicial division before the panel of Justices Sidi Dauda Bage, Joseph Shagbaor Ikyegh and Tijani Abubakar. In the lead judgment delivered by Justice Ikyegh, which was endorsed by Justices Bage and Abubakar and upheld by JusticeAdefope-Okojie, the court ruled and held:

    “I conclude that the clause in the Offer Letter Contract which arose from the performance terms of Clause 17.2.2. of the Shareholders Agreement as it related to the Shareholders Agreement, that the arbitral tribunal decided did not determine the crux of the Offer Letter Contract itself, therefore the arbitral tribunal did not exceed its mandate in deciding and making the arbitral award, in my view.

    “The arbitral declaratory award, therefore, did not materialize into giving the 1st respondent a self-executory and/or enforceable toothless, as it had no enforceable element in it. It is the award of some damages to be sorted out at a future date that the arbitral tribunal made that had the teeth to bite. So, the practical and tangible take home arbitral award in favour of the 1st respondent was the damages. Accordingly, I do not agree with the appellant that the tribunal committed a misconduct by awarding double compensation (if any) to the 1st respondent.

    “In conclusion, I find no convincing basis to disturb the decision of the court below upholding the arbitral award which is good on its face. The appeal, though rigorously argued by the appellant, and rigorously resisted by the first respondent, has no merit. On the whole I see no substance in the appeal and hereby dismiss it and affirm the decision of the Court below presided by Justice Adefope-Okojie).

     

  • NBA Ohafia inuagurates centre

    NBA Ohafia inuagurates centre

    Nigerian Bar Association (NBA) Ohafia branch, penultmate week Friday in Ohafia, Abia State commissioned its Ultra-Modern Bar Centre for its members. The Centre was donated to the branch by the Attorney-General and Commissioner for Justice in Imo State, Hon. Umeh Kalu.

    It was inuagurated by the Secretary to Abia State Government (SSG), Prof. Mkpa Mkpa as part of the events marking the 2013 Law week of the branch. The event, originally scheduled for last December, had to be shifted to this year.

    In his remarks, Hon. Umeh Kalu said: “ The Bar Centre is my own contribution and assistance to the state government in uplifting the Judiciary in the state. It is my own way of giving back to the profession that made me what I am today and assisting the governor of Abia State in what he is doing to improve the state judiciary”

    The topic for the week was “ The effect of a dynamic Judiciary in a democratic regime and the guest speaker was Mr. Augustine Alegeh (SAN).

    In his welcome address, the chairman of NBA Ohafia branch, Mr. Ume Maduka thanked the state government and Hon Umeh Kalu for contributing to the development of Ohafia Bar.

    Maduka said: “On behalf of members of the Nigerian Bar Association, Ohafia Branch, it is my pleasure to welcome you all to this occasion of our 2013 Law Week and it is our wish that all of us here will benefit good portions of the good things this new year will bring.

    “Our Branch was licensed to operate as a full fledge branch under the leadership of the 19th President of NBA, Hon. O.C.J. Okocha, (SAN) in June, 2001. From that year, the branch, which has passed through the leadership of four Chairmen, has grown from strength to strength.

    “We pay tributes to the leaders that steered the affairs of the branch from the one room office made available to us for our meetings by Chief E. U. Ndukwe to the where we are today.”

    Maduka said Ohafia branch is the only branch of NBA in Abia North Senatorial District with various Judicial Divisions including Ohafia, Arochukwu; Bende; Igbere; Isiukwuato; Umunnechi Ututu and Uzuakoli.

    He called on lawyers from the zone to identify and register with the branch. He drew lawyers’ attention to Section 15 (i)(d) of NBA Constitution.

    He said: “The auditorium we are in today is a result of one man’s magnanimity. It was singlehandedly built for our branch by Chief Umeh Kalu, the Attorney General and Commissioner for Justice of Abia State.”

    The branch honoured those who made excellent contributions to the legal profession including the late Justice A.K. Uche, the late Hon. Nwakanma Okoro (SAN), the late Hon. Echeme Emole and others alive.

    Also honoured were Hon. O.C.J. Okocha, Miannaya Essien (SAN) and Mr. Jackson Agbai.

     

  • SERAP drags Coca-Cola, NBC to UN over harmful drinks, abuse of right to health

    Socio-Economic Rights and Accountability Project (SERAP) has dragged Coca-Cola Limited and the Nigerian Bottling Company Limited to the United Nations’ (UN) Committee on Economic, Social and Cultural Rights over what it described as “serious breaches of corporate responsibility to respect the right to health of Nigerians and the failure to provide effective remedies to victims.”

    The organisation said: “This failure of due diligence has implications for the enjoyment of the economic and social rights guaranteed under the International Covenant on Economic, Social and Cultural Rights.”

    The group petitioned the UN following the disclosure by the Nigerian Consumer Protection Council (NCPC) of cases of harmful drinks including two half-empty cans of Sprite, a product manufactured by the NBC under the licence and authority of Coca-Cola Limited, and rusty bottle crown corks, cans and foreign particles in products.

    The NCPC also said  the companies have failed to put in place a shelf life policy for their products to facilitate the removal of expired products from the market.

    According to SERAP, “both Coca-Cola and NBC have failed and or neglected to subject their manufacturing process to inspection by appropriate authorities, contrary to national laws and international standards, in particular, the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework. The principles were endorsed by the UN Human Rights’ Council in June 2011.”

    The organisation also argued that: “Coca-Cola and NBC are required to ensure that their activities do not directly or indirectly cause human rights abuses, and to provide effective remedies to victims in cases of abuses of human rights. They must seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.”

    “The human rights abuses by Coca-Cola and NBC illustrate the lack of explicit human rights policies by several companies operating in Nigeria and which have continued to contribute to the violations and abuses of the economic and social rights of millions of Nigerians. Even companies with human rights policies have failed and or neglected to effectively implement these policies for the sake of profit,” the organisation added.

    SERAP said: “We believe that human rights abuses by Coca-Cola and NBC cannot be justified in the light of the letter and spirit of the International Covenant on Economic, Social and Cultural Rights and the UN Guiding Principles as well as the Committee’s own jurisprudence.”

    It, therefore, requested the committee, “being the principal body established to monitor compliance with the Covenant”, to act urgently not only to ensure that corporate bodies like Coca-Cola and NBC are not directly or indirectly abusing the economic and social rights of Nigerians under the Covenant and the Guiding Principles, but also protect the sanctity, credibility, efficacy and authority of the Covenant and the Guiding Principles and the Committee’s role in ensuring that corporate practices do not directly or indirectly lead to abuses of human rights.”

    “The Committee should work with the Working Group on the issues of human rights and transnational corporations and other business enterprises to put pressure on Coca-Cola and NBC to respect their social responsibility to promote human rights and afford remedies to the victims involved in this case,” SERAP said.

    The communication Manager, Coca Cola/Nigerian Bottling Company, Mrs. Oluyomi Onakoya declined comment on SERAP’s petition to the UN.

    “As you will appreciate, this matter is currently under judicial review. As such, it would be inappropriate for us to comment at this time. We have been operating in Nigeria since 1951 and at all times have conducted our business in compliance with the country’s laws and regulatory requirements concerning our industry.

    “Throughout the past 63 years we have applied processes and procedures to institute high quality standards in production and achieve international values for all aspects of operations including those involving human rights, community support and environmental protection.

    “Our commitments and our application of our Mission and Values and the monitoring of our progress in these regards, can be found on our website,” she said.