The Nation Newspaper

Category: Law

  • NBA urges NASS to amend constitution, electoral act

    NBA urges NASS to amend constitution, electoral act

    •Amaechi heads electoral committee

    The Nigerian Bar Association ( NBA) last week in Ekiti State, called on the National Assembly to amend the nation’s constitution and relevant sections of the electoral act to ensure free, fair and credible elections in the country.

    NBA President, Okey Wali (SAN) made this statement at the opening ceremony of the just concluded National Executive Committee (NEC) meeting of the NBA in Ado- Ekiti, the state capital.

    Wali said: “As Nigeria prepares for another round of elections, especially with the forthcoming elections in Ekiti and Osun States, NBA calls on the appropriate authorities, especially the legislature, to embark on a speedy amendment of the constitution and the Electoral Act with a view to ensuring free and credible elections in Nigeria.”

    He called on the Independent National Electoral Commission (INEC) to expedite action in putting the necessary structures, policies and plans in place as part of the preparations for the 2015 general elections, adding that voters’ education must be taken seriously as voter apathy remains one way of getting wrong people into public offices .

    He said: “As we march towards 2015, the NBA will be collaborating with INEC and the National Orientation Agency (NOA), in series of enlightenment campaigns . The citizenry must be aware of the powers of the ballot box and that they can make all the difference with their votes. We must stop the attitude of sitting in the comfort of our homes on election days only to complain later. This is the time to enter judgement on the activities and action of politicians.”

    H e frowned at the attitude of lawyers, who address the press wearing their wig and gown. He said: “ The Bar has watched with high level of disgust as some of our members, who are conducting cases in courts, emerge from court sessions in their full regalia to start addressing media men on issues that are still subject to litigation in courts. Some times, these lawyers even appear on television screens with law books to address points that are still part of cases pending in courts.”

    The NBA condemned the recent killing of pupils of Federal Government College, Buni, Yobe State by Boko Haram terrorists, commiserated with their families and relatives, and observed a minute silence in their honour.

    It called on the Federal Government to go back to the drawing board and review the strategy to fight against terror because the current strategy is not working optimally. The NEC restated the position of the NBA not to participate in the forthcoming National Conference unless the delegates slot of the association is increased from the current one slot given to it.

    It also called for financial autonomy of the judiciary, stating that the independence of the Judiciary must be guaranteed and secured. It called for the funds approved for the judiciary to be released to it as soon as the budget is passed into law by the appropriate authorities

    Wali informed NEC members that contractors working on the NBA building in Abuja have gone back to site because the association has secured all the necessary building approvals from the relevant government agencies. He equally informed them that the NBA seven storey building in Lagos is likely to be inuagurated in June this year and that the Nigerian Law School has been granted access to the building through Adeola Hopewell Street.

    Meanwhile, former Attorney-General and Commissioner for Justice in Abia State, Mr. Okey Amechi (SAN) at the NBA NECmeeting appointed chairman of the NBA electoral committee to oversee the election new officers to take over from the incumbent administration whose tenure expires in August.

    Other members of the committee are Safia Balarabe- Secretary, Ibrahim Aliyu Nasarawa, Leo Ohagba and Nasiru Maidiyia

    In a chat with The Nation, Amechi (SAN ), said: “We are going to conduct the election based on the constitution of the NBA. We are not going to depart from the constitution neither would we allow any candidate to depart from the constitution. When we talk of the guidelines or code of conducts, we are only talking about playing according to the NBA constitutional provisions whatever it forbids, we forbid it and whatever it approves, we approves it that is all. That is all we are saying, nobody is going to be harassed unnecessarily or be subjected to an unfair treatment, no there will be level playing field for all the contestants in the election no matter the offices they are contesting for.

    On when the guidelines will be out, Amechi (SAN) said: “ Very soon, after our first meeting which may be in the next one week or two weeks. Remember that the NEC has to ratify it, so it may be approved by the next NEC, we cannot just release the guidelines like that. Everything will be ready before the next NMEC and if we have reasons to contact any of the candidates before then we will definitely do so. But I am assuring you that it is going to be free and fair and we are going to waste time this time around. I seriously believe that on the election day, before 1.00 we have released the result and gone.”

  • Lagos family loses property to adopted children

    A Lagos High Court sitting in Ikeja has restrained Josiah Akinhanmi and the probate registrar from parading themselves as the administrators of the properties left behind by the late Madam Isabella Kofoworola Akinhanmi.

    Justice Olajumoke Emeya issued the order last Friday while delievering judgement in a suit filed by John Alani Soluade and Funmilayo Akinbayo, beneficiaries of the will of the late Madam Akinhanmi.

    The defendants in the suit are Akinhanmi, an engineer who represented the family of the late Pa Joshua Akinhanmi, husband to the late Madam Akinhanmi; the Probate Registrar; administratotrs of the estate of Pa Akinhanmi; Incorpotarted trustees of the First Anglican Mission and the Administrator-General of Lagos State.

    Justice Emeya restrained the first and third defendants; the Probate Registrar; Lagos State; their agents; caretakers; privies and successors-in-title or assigns from interfering in the administration of the properties situated at 174 and 186 Murtalla Muhammed Way, Ebute Metta, Lagos, left behind by the late Madam Akinhanmi.

    They were also barred from collecting rents, annuity, royalties or any form of revenue whatsoever or ejecting tenants or managing and controlling the Ebute Metta properties.

    The claimants, in a nine point relief contained in their amended statement of claim, had prayed the court to declare, among others, that the second defendant is not entitled to deal or dialogue with or consider any probate application from the first defendant in respect of the estate of late Madam Kofoworola Akinhanmi.

    In addition, the claimants sought the court’s declaration that the first defendant has no title or interest in the estate of the late Madam Akinhanmi as relates to the Ebute Metta properties.

    They also sought a declaration that the first and second claimants and Mrs. Cicilia Abike Osoba are beneficiaries of late Madam Akinhanmi in respect of the Ebute Metta properties.

    In their amended statement of defence, the first defendant urged the court to uphold that the claimants are not adopted children of late Madam Kofoworola Akinhanmi, who died childless.

    The defendants wanted the court to uphold that the late Pa Akinhanmi, who died in January 1938, was the original owner of the two properties at Ebute Metta .

    Among issues listed for determination by the defendants were that the court should determine that the claimants have failed to establish that the late Madam Akinhanmi made a valid Will that could give the Ebute Metta properties to them (the claimants).

    Justice Emeya based her judgement on two issues; whether the will of late Kofoworola Akinhanmi dated July 9, 1984 was valid and that of the custody of the first defendant.

    In her judgement, the judge held that the late Madam Akinhanmi, validly adopted the first claimant having taken him in to nurse him since he was six years old and sent him to school.

    She held that the copy of the Will found with the probate registrar and the one at the office of Abiola Oshodi, the solicitor to to the late Madam Akinhanmi, though not signed nor witnessed by anyone as her last Will and testament, were the same.

    The judge said the late Madam Akinhanmi’s solicitor’s office was the proper place for her Will to be kept.

    She said she believed that Madam Akinhanmi was of sound mind and had the capacity to make the Will as at the time she died as the issue of her ability was not in contention.

     

  • NBA Badagry branch elects new officers

    The Nigerian Bar Association (NBA) Badagry branch, has elected new officers.

    They are: Chief Chris nOkoye-chairman, Kiki James Deyon-Vice Chairman, Obianuju M. Chukwuma-Okafor-Secretary, Robinson Osaeleh-Treasurer, Nkolika Ezemba Financial Secretary, Mocha S. Christian-P.R.O., Onwumere Ijeoma Social Secretary Matesun Adebayo-Auditor, Isreal S. Lagbamue-Asst. Secretary, Egbe Gladys Ex.-Officio member.

     

  • Lagos holds stakeholders’ forum

    The Lagos State Judiciary will on Thursday hold stakeholders’ forum. It has as theme “Fast track rules and procedures in Lagos State”.

    The event, which is scheduled to hold between 9. 00 a.m. an d 2.00 p.m. at the City Hall, Lagos is being organised in collaboration with Justice For All (J4A) of the British Council and Human Development Initiatives (HDI and will be open to all lawyers.

    A statement by the state judiciary listed topics to be discussed to include ,”Recent Developments in Operations of the fast track courts; commercial dispute resolution in Lagos State: using the fast track courts; and making fast track courts fast; a judge’s perspective in practical steps”.

     

  • Kano branch holds law week

    Nigerian Bar Association (NBA) Kano branch will hold her law week from tomorrow to Friday at the Murtala Muhammed Library.

    The annual Dinner will hold on Saturday, at the Grand Central Hotel, Kano by 8. pm

  • Lawyers to CJN: Tread with caution

    Lawyers to CJN: Tread with caution

    The National Judicial Council (NJC) has sanctioned five judges for what it called ‘gross misconduct’ and ‘low performance.’ Its action brings to nine the number of judicial officers penalised since July, 2012 when Justice Aloma Mukhtar became its chairman following her appointment as Chief Justice of Nigeria (CJN). Lawyers argue that though the effort to enhance ethical conduct among judicial officers is commendable, the big stick should be applied with caution. ERIC IKHILAE reports.

    The National Judicial Council (NJC) has wielded the big stick, again, sanctioning former Acting President of the Court of Appeal, Justice Dalhatu Adamu and four judges.

    It suspended Justices Gladys Olotu (of the Federal High Court) and Ufot Inyang (Abuja High Court) and recommended that they be retired by President Goodluck Jonathan. It sent warning letters to Justices Adamu, A. A. Adeleye (Ekiti State High Court) and D. O. Amaechina (Anambra State High Court).

    They were accused of engaging in acts amounting to “gross misconduct.” In the case of Justices Olotu and Inyang, the NJC said its decision was informed by its findings after investigating thr petitions against them. In justice Olotu’s case, the Council said it found:

    •That she “failed to deliver judgment only to deliver same in Suit No. FHC/UY/250/2003, 18 months after the final address by all the counsel in the suit, contrary to the constitutional provisions that judgments should be delivered within a period of 90 days”;

    •That she “admitted before the Fact Finding Committee of the Council that investigated the allegations that she forgot she had a pending ruling to deliver in an application for joinder”;

    •That she “entertained a post-judgment matter in Suit No. FHC/UY/CS/250/2003 in Port Harcourt after delivering judgment, which made her functus officio” and

    •That in another case: Suit No. FHC/ABJ/CS/505/2012, “Hon. Justice Olotu failed to deliver judgment twice.”

    As regards Justice Inyang, the NJC said it found, among others, that he “included in his judgment, references to the Garnishee Proceedings, which came after the judgment had been delivered on December 20, 2011.

    It added that Justice Inyang “included the name of the counsel to the Federal Road Maintenance Agency (FERMA), Chief Chukwuma Ekomaru (SAN), who came into the matter after the judgment of December 20, 2011 was delivered.”

    Justice Inyang was said to have “recklessly signed a writ of execution, a day after delivering his judgment of December 20, 2011, the same day a Notice of Appeal and Motion on notice for stay of execution were filed.”

    The NJC said it found that the judge continued with the garnishee proceedings, despite application for stay of execution; and that before delivering his judgment of December 20, 2011, Justice Inyang “ignored a properly filed Motion on Notice for leave to file additional witness statement on oath.”

    Justice Adamu, who presides over the Court of Appeal, Kaduna Division, was warned for “deliberately absenting himself from duty”, which the Council said “is an act of gross misconduct contrary to the provisions of the Constitution and the Code of Conduct of Judicial Officers of the Federal Republic of Nigeria.”

    The offence of Justices Adeleye and Amaechina was that of “very low performance.”

    This latest case brings to nine the number of judges that has so far been sanctioned since the Chief Justice of Nigeria (CJN) and NJC Chairman Justice Aloma Mukhtar, assumed office on July 16, 2012.

    Others were Justices Thomas Naron (Plateau State High Court), Charles Archibong (Federal High Court), Abubakar Talba (Abuja High Court) and Okechukwu Okeke (Federal High Court). Justices Naron and Archibong were recommended for retirement; Justice Talba was suspended for 12 months; Justice Okeke was warned.

    Beside, the firmness with which the NJC now enforces the Code of Conduct for Judicial Officers, the current leadership of the judiciary has also introduced some measures for eliminating identified institutional challenges.

    Some of them are the review of the Rules of Practice and Procedure and the issuing of Practice Directions to eliminate trial delays. Each judicial officer’s performance is now being evaluated based on key performance indicators to enhance efficiency.

    Developments in the judiciary since the emergence of its current leadership have attracting divergent views, with some praising the forces driving the changes. Others called for caution, warning that a possible derailment could occur.

    Those in support have termed the seeming frequency of sanctioning judicial officers and the various initiatives introduced in recent time as an attempt to ensure discipline among officers and enhance performance.

    They also see the developments as a realisation of the CJN’s Justice Muktar pledge, on assumption of office, to cleance the judiciary.

    During her screening by the Senate on July 11, 2012, admitted that the temple of justice had been desecrated by some elements.

    “As at now, it is very bad and I am saddened by it. I will try. I don’t want to sound like a broken record. I will try to make sure that the confidence reposed in the judiciary, as it was before, is returned. I will try to ensure that the bad eggs that are there are flushed out. That there will be a cleansing by the NJC based on petitions.

    “It is sad that the ordinary man on the street thinks and feels that he cannot get justice. This is because of the situation we find ourselves. I will ensure that this perception changes,” Justice Mukhtar had said.

    Critics, however, are of the view that there is the need for caution to prevent a situation where judicial officers begin to exhibit what they termed symptoms of excessive control, which include demotivation.

    They argued that a situation where a judge begins to look behind his or her shoulders, before exercising his or her discretion in taking decisions, would be antithetical to the known tradition of judicial independence.

    Critics noted that a cleanse and upright judiciary cannot be attained under the prevailing practice where judges’ appointment and promotion are influenced from outside the system.

    They observed that most judges toil daily to ensure balance between objectivity and pressure from the interests that influenced their appointment and promotion.

    To ensure a cleanse and an upright judiciary, critics said emphasis should be on how to ensure a system that abhors patronage but rewards hard work and merit.

    Lawyers, including Dr. Abubakar Uthman, Johnson Daramola, Anthony Nwachukwu and Gideon Tokori are of the view that while the current reforms in the judiciary are welcomed, it must be carried out with caution to avoid a situation where the ‘baby is thrown away with the bath water.’

    Uthman said while the promptness with which the NJC addresses petitions against judges is commendable, “the Judiciary must evolve a system that effectively screens out frivolous and malicious petitions from meritorious ones that require attention.”

    He urged the NJC to always subject petitions and complaints against judicial officers to thorough scrutiny before taking action.

    Daramola stressed the economic implication of having many retired judges, who draw retirement benefits from the public fund. He said cases where judges are retired prematurely, unwittingly populates the rank of retired judges. “In such cases, we lose their services prematurely and yet, pay them retirement benefits for life.”

    He said those, whose cases are proved to be bad, and are found to have breached their oath of office and committed gross misconduct, should be sacked outrightly.

    “The idea of compulsory retirement is like giving soft landing to people, who are found wanting,” he said.

    Nwanchukwu contented that since Nigeria is reputed as a corrupt nation, the judiciary should not, in a bid to prove to the world that it is better than the other sectors, over subject its personnel to scrutiny.

    “This can result in loss of self-confidence and independence of mind on the part of the judges. Why is the NJC harsh on judges when the Executive pampers the rogues among them?

    “Don’t we read in the papers and see on television how these ministers loot the nation’s treasury blind and yet, the President looks the other way or at best reluctant to sanction them? The NJC should stop being quick to fire or sanction erring judges. They should be given opportunities to make amend.

    Tokori advised that the NJC, under Justice Muktar should not be hasty in wielding the big stick. He observed that more judges are being sanctioned now than before. He wondered how many will still be affected before the CJN retirees later this year.

    “The lady (CJN) should be cautious. Every wrong should not end in compulsory retirement. Some of those, who have been sacked, are seen by some of us as good materials, who ought to be encouraged. These people are faced with a lot of pressure and tempting offers. It really takes the grace of God not to fall for such tempting offers as a judge in Nigeria,” Tokori said.