The Nation Newspaper

Category: Law

  • Agency flags off 16 days of advocacy

    Agency flags off 16 days of advocacy

    The Lagos State Domestic and Sexual Violence Agency, (DSVA) last week began the commemoration of the this year’s 16 days of activism to eliminate gender-based violence.

    The activities which started Monday, November 25, is part of the International Day for the Elimination of Violence Against Women. Its closure  December 10 is to coincide with this year’s International Human Rights Day.

    To mark this year’s campaign, the DSVA, in partnership with the Rule of Law and Anti Corruption programme (ROLACC), with support from the European Union (EU), implemented by the International IDEA is to  engage 16 traditional rulers to amplify and drive home the message against Gender-Based Violence (GBV).

    This is being done in recognition of their influential roles in shaping societal norms, The traditional rulers are, as agent of change,  champion behavioral change within their communities to reject violence in all its forms.

    DSVA Executive Secretary, Mrs Titilola Vivour-Adeniyi stated that the agency relied on data to select these kingdoms having looked at areas with high prevalence, low reportage of cases and areas that has not been engaged during the year.

    The participating traditional rulers and their kingdoms include: the Agbaosi of  Aguda, Ogba, Oba Hakeem Saibu; Oloto of Oto-Awori, Oba Josiah Olanrewaju Ilemobade Aina; the  Olu of Epe Kingdom, Oba Shefiu Olatunji Adewale; the  Alaye of Orisunmibare,  Oba Akeeb Adebowale Rauf; the  Aholu Dale Whedakoh, Oba Wheto Samuel Olusegun; the Eweye of Isiu, Oba David Olukayode Raji; the  Adeboruwa of Igbogbo Kingdom, Oba Semiudeen Orimadegun Kasali; Elegushi of Ikate Kingdom,  Oba Saheed Ademola Elegushi.

    Others are the Elegbeda of Egbeda, Oba Hameed Omogoriola Orelope-Laka; the Elejigbo of Langbasa, Oba Hafeez Olakunle Badiru; the  Oloworo of Oworo, Oba Saliu Babatunde; the  Olu of Iwaya, Oba Suleiman Owolabi Ogun Oloko; the  Oniba Ekun of Iba Kingdom,  Oba (Dr.) Sulaimon Adeshina Raji: the Oloja of Epe, Oba Kamorudeen Animashaun: the Alakesan of Akesan Kingdom, Oba Dr. Nojeemdeen Abidemi Aderejo and the Onilashe of Ilashe Kingdom,  Oba Abdul Hakeem Adeyimika Abisogun.

    Flagging off of the advocacy campaign at the Oniwaya of Iwaya’s palace in Yaba Local Council Development Area of Lagos, Mrs Vivour-Adeniyi said that the whole essence is to leverage on the international days, through the traditional rulers to close the gaps of advocacy against Sexual and Gender-Based Violence in the state.

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    “It is an opportunity for us to heightened awareness and demystified certain myths that are associated with sexual and gender-based violence. This year’s theme; ‘Towards Beijing +30: Unite To End Violence Against Women and Girls’ is very apt with what we do at DSVA, but we thought it is expedient to use this opportunity to engage traditional rulers, because they sometimes serve as first responders and also they are the custodian of culture.

    “Culture can encourage and discourage perpetration of sexual and gender based violence in the community. So, It is important for us to strengthen our relationship with the traditional rulers.

    “We are also using this events to spotlight 16 traditional Rulers in the State for their support in the fight against SGBV”, she said..

    “We started with Iwaya Kingdom. So at the end of the 16 days of activism, we would have gone to 16 kingdoms and saturated the kingdoms with this zero tolerance message of sexual, gender violence, and ultimately encourage residents on the international days. We know that we are gradually breaking the culture of silence, encouraging people to speak out and seek help.

    Answering questions from, newsmen on the launch of the engagement, Mrs Vivour-Adeniyi said by leveraging on the authority and influence of these traditional rulers, Lagos DSVA seeks to inspire widespread rejection of GBV while fostering safe and supportive communities.

    “The  days of activism, is heralded by the international day for the elimination of violence against women and girls, which starts which is on the 25th November, annually. And it’s an international, day that will be commemorated across the world. It’s an opportunity for us to heighten awareness, demystifying certain needs that are associated with sexual and genda based violence.”

    She explained that this year, particularly, the theme is on ending gender based violence and that they thought it expedient to use this opportunity to engage traditional rulers because sometimes they serve as first responders.

    “Traditional rulers are custodians of culture, and we know that, culture can, encourage or discourage the continuation of gender based violence. So it is important for us to strengthen our relationship with the traditional rulers, starting from Iwaya Kingdom.

     “So at the end of the 16 days of activism, we would have gone to 16 kingdoms and saturated the kingdoms with this zero tolerance message of sexual, gender violence, and ultimately encourage residents of the international days.

    Asked of the level of success, she said, “we  know that we are gradually breaking the culture of silence, encouraging people to speak out, and seek help.

    “ We looked at areas with high prevalence. We looked at areas with low reportage, and we looked at areas that we haven’t been to in the year. So we  are going to as far as  Badagry, Ikorodu, Ikeja.  We’ve been to Iwaya. So, we are  trying to spread our tentacles across the state.

    “But despite the fact that we are covering only 16 kingdoms, we would still endeavor to reach other kingdoms in the year or in the year to come.

    Mrs. Vivour-Adeniyi who maintained that previous advocacy by the agency has led to increase in the formal and informal reporting cases, said the campaign train will move around the five divisions of Lagos and reach the nooks and crannies of the state within the 16 days as more kingdoms will be covered in the coming years.

    In his remarks, the Oniwaya of Iwaya Kingdom, Oba Suleiman Owolabi Ogun-Oloko appreciated the state government and their sponsors for making his kingdom the starting point of the 16-day campaigns.

    He acknowledged that the community is not impervious to the issue of domestic and sexual violence, stressing that he has on different occasions, intervened in numerous reported cases of sexual and gender-based atrocities which he escalated to the DSVA.

    He also noted that the sensitization would go a long way to assist the residents of his community on how to fight this scourge.

    Oba Ogun-Oloko told members of the community that nobody has the right to beat his wife, husband or child as it constitute an offence punishable under the law.

    He educated them that it constituted an offence for anybody to sleep with a girl under 18 years of age or impregnate her.

     The State Project Coordinator, Rule of Law and Anti-Corruption Program funded by European Union and implemented by International IDEA, Mrs Ajibola Ijimakinwa, said that it is important to get the buy-in of the traditional rulers and to also sensitize the members of the community about the dangers of sexual and Gender-based violence.

    She said this would  ensure that the message is cascaded to other members of the community towards not only reducing the scourge but to also eradicate it.

    A DSVA facilitator, Mrs Tope Ademola enlightened members of the community on what constitute offences under sexual and gender base violence.

    Mrs Ademola told members of the community that it is an offence for a husband to beat his wife without her consent.

    She also told them that it is an offence for  parents to beat any of their children  in such a way that it would leave scars on his or her body, describing it as an abuse punishable under the law .

    She listed offences punishable and may earn an offender prison terms to include rape, particularly of underaged girls, psychological abuse, beating of ones husband or wife.

    “Forceful sex is rape and must be reported’, she said.

    They were also cautioned against maltreating house helps, either by merciless beatings or denying them of  food at the right time as such constituted offences punishable under the SGBV laws.

    Last Friday, the team was at  Orisumbare as part of the16 days of activism engagement.

     Oba Akeeb Adebowale Rauf’s Palace to celebrate the ongoing 16 Days of Activism on the 29th day of November 2024.

    Alaye of Orisunmibare, Alaiyeluwa Oba Akeeb Adebowale Rauf in his welcome, appreciated the community for their patience and willingness to participate in the ongoing 16 days of Activism.

    He admonished his people on Sexual and Gender-Based Violence, and the role each and everyone in the Orisunmibare community plays in ensuring that there is zero tolerance for every act of Domestic Violence, Sexual Violence, and Child Abuse.

    The Alaye of Orisunmibare also informed them of the provisions Lagos State has made provisions in combating Sexual and Gender-Based Violence through the Lagos State Domestic and Sexual Violence Agency and urged the people of Orisunmibare Community should report through the toll-free line 0-8000-333-333 whenever they see or experience any form of violence in the community.

  • ICPC hails armed squad for exceptional performance

    ICPC hails armed squad for exceptional performance

    The Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Dr. Musa Adamu Aliyu, SAN, has commended members of the Commission’s armed squad for their outstanding performance during a recent evaluation exercise.

     This exercise included shooting, marksmanship, tactical drills, and a stripping demonstration.

    The performance evaluation took place at the 177 Battalion Guard Brigade of the Nigerian Army base in Keffi, Nasarawa State, on Saturday.

    Dr. Aliyu applauded the squad for their discipline, precision, and professionalism displayed during the rigorous training sessions.

    He emphasised that their high-level performance demonstrated their readiness to combat corruption and protect ICPC officers while carrying out their official duties.

    “The armed squad has shown remarkable improvement and a commitment to excellence in handling arms and ammunition. This reflects their dedication to duty and preparedness to confront any security challenges they may encounter,” he stated.

    The Chairman underscored the importance of the exercise in boosting the squad’s confidence and effectiveness in high-risk operations.

    He highlighted the synergy between the ICPC and the Nigerian Army, expressing gratitude for the military’s support in training the Commission’s armed personnel.

    Dr. Aliyu noted that such partnerships were crucial for strengthening Nigeria’s anti-corruption efforts.

    “By collaborating with the Nigerian Army, we are ensuring that our armed squad receives world-class training to meet the challenges of combating corruption. This collaboration is essential in building a secure and corruption-free society,” he added.

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    He concluded by reaffirming the commission’s commitment to providing the armed squad with adequate resources and continuous training while urging them to remain steadfast in fulfilling their duties with integrity and diligence.

    In his remarks, Lieutenant Colonel Abi Enuwa, the Commanding Officer of the 177 Guards Battalion Brigade, represented by Major M.A. Sani, commended the ICPC for its dedication to combating corruption in Nigeria.

    He praised the commission for organising the training programme for the armed squad, which aims to enhance their operational capacity and instil discipline in the fight against corruption.

    Major Sani acknowledged that the ICPC’s initiatives were crucial for ensuring accountability and integrity in governance, aligning with the military’s national security objectives.

    He further emphasised the importance of such training in equipping personnel with the skills necessary to confront corruption effectively.

    He urged the trainees to apply the knowledge and strategies gained during the programme to contribute meaningfully to the ICPC’s mission and the broader goal of achieving a corruption-free society.

    The event concluded with a live demonstration of tactical drills and shooting accuracy by the armed squad, the ICPC Chairman and other senior ICPC officials present at the event.

    The training and evaluation focused on marksmanship, tactical drills, the stripping and maintenance of different firearms, and operational readiness, all aimed at enhancing the squad’s capabilities.

  • Court grants virtual evidence in N108b suit against oil firm

    Court grants virtual evidence in N108b suit against oil firm

    Justice Sanda Audu Yelwa of the National Industrial Court of Nigeria(NICN) sitting in Lagos, has issued an order permiting virtual evidence in a N108 billion suit against Total Energies E & P Nigeria Limited (TEPNG) and its parent company, Total Energies SE (TOTAL ESE).

    A former staff of the oil company, Dr Ayodeji Sasegbon, is the claimant in the  suit against the oil company.

    The claimant, Dr. Sasegbon, had instituted the suit against the oil company for wrongful termination of his appointment as a Process Engineer -Smart Room.

    The ruling, delivered by Justice Yelwa, was sequel to a motion on notice by the claimant seeking for an order of the court to take the evidence of the claimant/applicant virtually.

    The motion argued by Aniekan Obong who stood in for her principal at Strachan Partners Mr. Yemi Candide- Johnson, (SAN), contended that the claimant is in England where he is receiving treatment for debilitating illness and trauma occasioned by the shocking and devastating effect of the wrongful termination of his appointment by Total Energies.

     Lawal Kazeem of Templars who represented the defendants had opposed the motion.

     Justice Yelwa, however, granted the claimant’s prayer and adjourned the case to January 28, 2025 for hearing by Zoom.

      In the main suit No. NICN/LA/155/2023, Sasegbon, is asking the NICN  to award him a total sum of N108,720,718,580.91  (approximately US$ 138m as at July, 2023 when the case was filed) as special, general and futuristic damages for wrongful termination of employment, loss of prospect of employment, mental and emotional and physical injury, defamation of  character and character assassination.

     In his statement of fact, Sasegbon deposed that after completing his doctoral degree at Imperial College, London, in 2014, he submitted and unsolicited application to TEPNG Career Website on August 16, 2014.

    Thereafter, he was invited to and did undergo tests and interviews conducted by and for TEPNG.

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    He was on  November 13, 2015 employed “on contract” by TEPNG and he resumed officially in the Deep Water, Production Support Department of TEPNG on December 1, 2015.

    He argued that the categorisation “on contract” is legally meaningless and contrived unlawfully to suspend or interdict rights accruing under international labour Conventions and treaties by which the parties are bound.

    Sasegbon also averred that his on-the-job performance as TAS was sterling and exceptional and that he was accordingly recommended for confirmation as a “permanent staff” in 2017.

    The email from Mr. Nathanael Herbomez (who is or was at material times the Executive General Manager, Deep Water Field Operations) was exhibited to buttress the point.

    Consequently, he received an offer of “permanent employment” on  October 13, 2017 and resumed as Process Engineer (Smart Room) on  November 20, 2017.

    He completed the probation period of six months on  April 5, 2018 and was validated for confirmation of appointment based on the positive feedback and recommendation of his line managers who affirmed that he “has brought a lot of value to [the company] and will be a great addition to the Total E&P Field Operations”.

    Sasegbon claimed that he continued to receive commendations from his direct bosses and supervisors that attest to his sterling qualities in line with TEPNG policy on recruitment section 7.1 which states that “the company will recruit people who possess the right competencies for vacant positions based on the approved current and projected manpower requirements”.

    While section 7.2 states “Merit will be the primary consideration when filling vacant positions in all categories of employment”.

    He further claimed that upon the acceptance of his employment offer, Sasegbon acquired under Nigeria law a status recognized under Article L1221-2 of the Labor Code of France as “Contrat a Duree Indeterminee” (CD) or an unlimited employment contract which can only be ended by mutual agreement or after a formal dismissal procedure.

    “In the law of France, the CDI is the normal contractual employment relationship under Article L1221-2 of the Labor Code.

    “The rights and obligations under the CDI are set out in French labor law.

    “By Article 4 of the International Labor Organization Termination of Employment Convention, 1982 (No. 158), “The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service”.

    The Claimant’s status is said to be recognized by the International Labor convention to which both Nigeria and France are parties and by best international labor practices recognized under Nigeria law.

    The Claimant stated that he received a letter of termination executed on behalf of the TEPNG by the Executive Director, Corporate Affairs & Services, Mr. Abiodun Afolabi dated July 19th 2018.

     “Having not received any prior question or query and given that the letter of July 19, 2018 gave no reason for the termination of his employment, he, by a letter dated 31st July 2018, appealed to the then Managing Director/Chief Executive Officer of TEPNG, Mr. Nichola Terraz for a review and reconsideration.”

    However, by a letter dated August 6, 2018, signed on behalf of TEPNG by Paul Odekina, Executive General Manager, Human Resources, TEPNG rejected his appeal.

    The claimant is relying on the depositions and other processes and evidence which form the public record in the case of Mrs. Olumagin vs TEPNG, Suit No. LA/580/2018, which was earlier, decided against TEPNG and for which the company has promised to lodge an appeal at the Federal Court of Appeal.

  • $8.4m AGO theft: ‘Let court decide Trafigura’s fate’

    $8.4m AGO theft: ‘Let court decide Trafigura’s fate’

    Two right groups have urged the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN), to allow the court decide the criminal trial of two foreign oil firms, Trafigura Beheer BV and Trafigura PTE Limited over the theft of $8.4million Automotive Gas Oil (AGO) belonging to Nadabo Energy Limited.

    The rights group are Centre Against Injustice and Domestic Violence (CAIDOV) and Advocate For Social Justice and Defence of Rule of Law

    The groups said in the alternative, Prince Fagbemi could explore an out-of-court settlement between the firms and the nominal complainant, Nadabo Energy Limited.

    Other foreign firms which are defendants in the suit are Osahon Asemota, Yusuf Kwande, Mettle Energy and Gas, Rembrandt Ltd and Jil Engineering and Oil Services Limited.

    The Convener of the groups, Gbenga Soloki and Niyi Adekanla respectively  told newsmen in Lagos that the trial of the defendants had witnessed unwanted delay since the letter of the Director, Public Prosecution of the Federation (DPPF),  M. A. Abubakar.

    The suit, which was filed by the Police Special Fraud Unit (SFU) before Justice Mojisola Dada of an Ikeja in a Special Offences Court had witnessed a series of delays.

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    The recent delay was premised on a letter dated  February 29, 2024, signed by the Director of Public Prosecution of the Federation (DPPF), M. A. Abubakar, which was for taking over the prosecution by the Office of the AGF.

    The prosecution had charged the defendants to court on a three-count of conspiracy, stealing, and receiving stolen property, pending against them before Justice  Dada.

    According to the charge, the foreign oil firms, alongside four other co-defendants, allegedly stole 6.4 metric tonnes of diesel oil worth $8.4 million belonging to Nadabo Energy Limited in October 2008.

    The prosecution, during the trial of the case, called 17 witnesses before they closed their case, while the defendants, so far, had presented four witnesses.

    According to CAIDOV, it was the letter of the Director of Public Prosecution of the Federation, M. A. Abubakar, that further put a clog in the smooth trial before the trial court.

    The rights group said they are aware of the constitutional power of AGF to take over any case as enumerated in Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    The rights group said the continued delay in the prosecution of the criminal trial of the defendants is not in line with the Administration of the Criminal Justice Act (ACJA) of the country.

    The group also said: “It is a known fact that the Attorney-General is in a legal parlance regarded as ‘Lord unto himself’ in the discharge of his constitutional powers.

    “Pursuant to Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is also a performance of duty with inherent subjective expectations.

    “Thus, a decision of the Attorney-General of the Federal to take over the criminal prosecution of defendants validly arraigned in a court of competent jurisdiction for trial regarding commission of criminal offences in a criminal charge against them is undeniable, in line with the constitutional powers of the AGF.

    “It is also a call to duty to reflect all the subjective obligations and objective prohibitions as they pertain to the powers of the Attorney-General of the Federation.

    “In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process”, they argued.

  • Group to empower 100 women on health, rights

    Group to empower 100 women on health, rights

    A pressure group, Injustice Is Real (IIR) has announced an empowerment programme aimed at educating and uplifting 100 women on health and human rights.

    A statement by the group said the event will take place in Ikeja on December 23, 2024, and will equip participants with crucial knowledge and skills to help them recognise and confront injustices in their various spheres of endeavour.

    The programme will include free comprehensive training focused on understanding when and how rights can be violated, enabling attendees to identify various forms of human rights violation. The event will also feature a free medical outreach by Dr Simi Health Care Ltd, Yaba Psychiatric Hospital and Precious Sight Foundation.

    According to the statement, IT experts from Yabatech will also be present to conduct specialised training sessions on technology, equipping women with vital digital skills that are increasingly important in today’s world.

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    Speaking ahead of the event, the CEO of Injustice Is Real, Ngozi Dorothy Molokwu, described the campaign as a huge step towards enlightening participants on how to identify the diverse manifestations of injustice and how to stand up against it.

    “We believe in empowered women, empowered nation. Through this empowerment programme, we will inspire the women to become advocates for their rights, their health, and the rights of others,” she said.

    Molokwu expressed optimism that the training and medical outreach would empower the beneficiaries to lead better lives as productive members of society.

    She added, “By understanding their rights and having access to necessary resources, these women can make informed choices that positively impact their lives and communities.”

    IIR is a non-governmental organisation dedicated to championing human rights, justice, social justice, and equity for Nigerians.

    The rights-based group also believes in equipping and empowering Nigerians in marginalised communities to advocate for equity and justice by enhancing their freedom of expression.

  • Court remands Chinese over alleged N301m fraud

    Court remands Chinese over alleged N301m fraud

    Justice Rahman Oshodi of an Ikeja Special Offences Court has remandeda  Chinese, Zhengjin Jin in the custody of the Ikoyi Correctional Center over alleged N301million fraud.

    Jin was arraigned by the Economic and Financial Crimes Commission (EFCC) on a four-count charge bordering retention of stolen property, bribery and stealing.

    He pleaded not guilty.

    Defence counsel, A.C Ezenduka informed the court of   a bail application for his client.

    Responding, the prosecutor counsel, Ahmad Usman told the  court that  the prosecution has not been served.

    Justice Oshodi in a ruling, ordered that the bail application be served on the prosecution.

    He thereafter fixed hearing of the bail application for November 22, 2024.

    He also fixed trail of the matter for January 10, 2025 while remanding the defendant Zhengjia Jin at the Ikoyi custodial center pending his trial date.

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    The charge against the defendant stated: “That you Zhengjia Jin  sometime between the 5th of March, 2024 and 9th of August, 2024  dishonestly retained the aggregate sum of N301million in your account number- 1861390260 domiciled in Access Bank property of Golden Diamond Industrial Manufacturing Company Limited.

    “That you Zhengjia Jin  sometime between the 5th of March, 2024 and 9th of August, 2024, whilst in the engagement of Golden Diamond Industrial Manufacturing Company Limited accepted directly into your Access bank account number- 1861390260, the aggregate sum of N301 million in order that you act contrary to your company’s employee condition of service.

    “That you, Zhengjia Jin sometime between the 5th of March, 2024 and 9th of August, 2024, whilst in the engagement of Golden Diamond Industrial Manufacturing Company Limited accepted directly into your Access bank account number- 1861390260, the aggregate sum of N301,000,000 million  as kickbacks from vendors, thereby conferring undue advantage for yourself, in order that you act contrary to your company’s employee condition of service.”

  • Saving arbitration from adjudicatory delays, inefficiencies

    Saving arbitration from adjudicatory delays, inefficiencies

    Ensuring that arbitration and Alternative Dispute Resolution (ADR) do not become as protracted as litigation was a key talking point at the 2024 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb) in Lagos. For two days, experts dissected new trends, how ADR can be strengthened, how to address impediments and the role of courts. Deputy News Editor JOSEPH JIBUEZE reports.

    Why is Nigeria struggling to attract foreign investment?

    Many reasons have been adduced, such as corruption, weak infrastructure, harsh and inconsistent policies, and regulatory failure.

    However, for many experts, a major impediment is a poor dispute resolution process.

    “No investor will come to where the arbitration system is weak,” said Justice Ayokunle Faji of the Federal High Court.

    A Senior Advocate of Nigeria (SAN), Dr Wale Babalakin, shares this view.

    He noted that investors worldwide are looking for where to put their money, yet there is a reluctance to turn to Nigeria as a destination.

    “The greatest hindrance to investment is poor dispute resolution process,” he said.

    Justice Faji and Dr. Babalakin were among the panellists at the 2024 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb).

    They stressed that investments will remain elusive if the dispute resolution mechanisms remain inefficient.

    The conference had the theme: “Transformation and interventions: the evolving trends in arbitration and ADR practice in Africa.”

    The occasion, which included an investiture/award ceremony, marked the 45th anniversary of the institute.

    The NICArb Annual Conference has become a centrepoint in ADR, serving as a significant forum for addressing the pivotal issues shaping the profession.

    It plays a crucial role in propelling the practice of arbitration and ADR to new heights across the West African sub-region and globally.

    The conference, which was held at the Eko Hotels and Suites, united a diverse assembly of thought leaders, respected professionals, ADR experts, and emerging talents, fostering a dynamic environment for exchanging ideas, building networks, and deepening collective understanding of the ever-evolving landscape of arbitration and ADR.

    The first day had three plenary and two breakout sessions; the second had three plenary sessions, which included a roundtable, and two breakout sessions.

    Chief Judge and President of the Supreme Court of Kenya, Martha Koome, and Lagos State Governor Babajide Sanwo-Olu delivered goodwill messages.

    Among the over 50 panellists were former Chief Judge of Lagos Ayotunde Phillips, Aare Afe Babalola (SAN), professor of international commercial law at SOAS University of London, Emilia Onyema, Wolemi Esan (SAN), Prof Abiola Sanni (SAN), Prof Damilola Olawuyi (SAN), Prof Dorothy Ufot (SAN), former Deputy Chief of Staff to the President Ade Ipaye, and Dapo Akinosun (SAN).

    According to them and the cast of other eminent speakers, arbitration and other ADR mechanisms remain the quicker dispute resolution options.

    They have increased the ease of doing business in many countries and boosted their GDP, such as Singapore, Hong Kong and France.

    But there are fears that arbitration may fall into the same trap of endless litigations in Nigeria if urgent steps are not taken to address the slide.

    This was the concern expressed by Dr Babalakin during the first plenary session.

    According to him, arbitral awards are increasingly being subjected to the same frustrating procedures of regular courts, with enforcement also a challenge.

    “We are not dealing with substance, as most cases are decided on procedure.

    “The ADR system is gradually falling into the same trap.

    “I get worried when I see arbitration matters taking forever to be decided.

    “I am aware of an award that has been made for 10 years and it is hanging at the appellate courts.”

    The solution, Babalakin suggested, is attitudinal change.

    “Attitudinal change is needed to see arbitration as final rather than a stepping stone to litigation,” he said.

    He stressed the need to make the process more credible and trustworthy.

    “Arbitration should be final and to make it final, arbitrators themselves must display a high level of competence. Their award must be well-researched.

    “Arbitrators must develop a very high level of competence and avoid obvious errors in law.

    “That should not be allowed and can only be prevented if the faculty is strong.”

    The SAN believes arbitrators should get specialist training to avoid “errors on the face of the record.”

    Role of courts

    Justice Faji urged courts not to impede the arbitration process.

    He said: “The courts must be careful not to interfere in the arbitral process.

    “The courts should be more pro-arbitration and should be very reluctant to set aside awards.

    “We’re not sitting on appeal over an arbitral award. We’re sitting side by side with the arbitrator.

    “You must also ensure that finality in the dispute outweighs any other considerations.”

    Justice Faji, who spoke during the second plenary session, said courts should complement arbitration.

    “One of the major issues with the courts and arbitration is the misconception that arbitration is in competition with the courts.

    “Some see it as a forced cohabitation, but it’s not so.

    “Arbitration is complementary to the court system. It assists the court system in decongesting dockets, so it is complementary,” he said.

    Justice Faji explained that the court can get involved at the beginning of arbitration, where the court can assist in appointing the arbitrator if parties cannot agree, or invoke the arbitration agreement.

    He noted that arbitrators cannot issue subpoenas, grant a stay of proceedings or compel the production of documents, so the court may be needed.

    The judge added that when the arbitration is concluded, the courts are expected to give effect to the arbitral award either by way of enforcing, setting aside or reviewing it.

    “We need to look at the concepts of intervention and interference.

    “Whatever the court does outside the provisions of the law amounts to interference. That is what judges should guard against.

    “No investor will come to where the arbitration system is weak,” he said.

    Justice Faji urged his colleagues not to be afraid to award substantial costs where necessary to discourage frivolous litigation.

    Averting abuse

    A member of the NICArb governing council, Mr Rafiu Lawal-Rabana (SAN), recalled an arbitral proceeding that was hobbled by litigation, in which a leave to appeal was appealed against up to the Supreme Court.

    “It’s about attitude. Unless we change our attitude, we’ll remain in this quagmire,” he said.

    A chartered arbitrator, Folashade Alli (SAN), decried the absence of a world-class hearing centre with modern facilities in Nigeria.

    She also stressed the need to strengthen the enforcement procedure, while urging the government to show support by complying with arbitral decisions.

    “We need government support. There has to be a pro-arbitration stance. The government must comply with awards,” she said.

    ‘Arbitration, ADR still preferred option’

    Keynote speaker, President and Chairman of the African Export-Import Bank (Afreximbank), Prof Benedict Oramah, justified arbitration and ADR as the preferred options.

    He said: “Litigation is expensive, uncertain and more often than not takes time.

    “The fast-paced world of international trade and commerce cannot afford the inconveniences of trade disputes being tied up for years in courtroom battles.

    “To attract foreign investment, it is important that commercial disputes are determined quickly and finally, and that these decisions are easily enforceable.

    “ADR and arbitration stand as the preferred options due to their confidential and flexible nature, and the enforceability of arbitral awards.”

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    Oramah, represented by Senior Manager at Afreximbank Dr Enga Kameni, said most African countries are strengthening their legislative framework and arbitral institutions.

    Sanwo-Olu: arbitration guarantees certainty

    Sanwo-Olu, represented by the Attorney-General and Commissioner for Justice Lawal Pedro (SAN), underscored the role of arbitration in attracting investments.

    He said: “In an increasingly interconnected world, disputes are not merely disagreements.

    “They are interruptions to progress, challenges to relationships and threats to investments.

    “The manner in which we resolve disputes will define the trajectory for growth.

    “Arbitration and ADR are not just tools for managing conflicts; they’re instruments for building trust, fostering partnerships and accelerating development.

    “Arbitration and ADR have become the lifeblood of international businesses and diplomacy.

    “These mechanisms provide certainty in uncertainty, offering pathways to resolving conflicts without delay.”

    He said the Lagos judiciary has embraced ADR as an integral part of justice delivery through institutions like the multi-door courthouse and others.

    Sanwo-Olu said there was no reason for African arbitration to be farmed out as Africa and Nigeria have the expertise to handle international arbitration.

    ADR rooted in Africa, says Kenya CJ

    Justice Koome called for the integration of ADR into a formal legal framework and policies.

    She noted that Kenya has provided ADR in its Constitution and made it part of the judiciary’s blueprint for social transformation through access to justice.

    Justice Koome was of the view that Africa is in a unique position to shape the future of dispute resolution.

    She said: “This is not about adopting a global trend in ADR; it’s about revitalising a great tradition and establishing innovative ways that shape a continent’s growth and promise of socio-economic landscape within ADR while recognising that Africa is the repository of knowledge on dispute resolutions.

    “Each of our societies has its own ways of resolving disputes, and this is a well-established fact with a long history of relying on community-based dispute resolution mechanisms that predate modern judicial systems.

    “Way before the formal judicial systems existed, African societies relied on mediation, dialogue, negotiation and consensus building to address disputes within our communities, which brought harmony to our society, a core value in ADR today.”

    An independent arbitrator, Mrs Funke Adekoya (SAN), stressed the need for best practices.

    She said: “Compliance with international standards is not just a formality.

    “It is a necessity that African countries must embrace international best practices in arbitration and ADR.”

    Ajogwu: theme timely

    To the President & Chairman of NICArb Governing Council, Prof Fabian Ajogwu (SAN), the theme is timely and significant.

    He said: “Whether local or international, transformations introduce disruptions and innovations to existing processes, necessitating proactive interventions by governments, institutions, and key stakeholders.

    “These interventions in regulatory, structural, and strategic matters are essential for addressing the unique challenges posed by evolving trends.

    “They may encompass process development, comprehensive reviews, or targeted reforms that promote best practices, inclusivity, and sustainability.

    “In the African context, these interventions hold particular significance.

    “The continent’s rich legal and cultural diversity presents a unique opportunity to be leveraged as a strength rather than an obstacle.

    “By strategically harmonising and integrating these diverse elements, we can catalyse dynamic shifts, foster impactful partnerships, and ultimately redefine the ADR and arbitration landscape to be more inclusive, innovative, and resilient for the future.”

    Ajogwu said NICArb stands at the forefront of this transformative effort, collaborating closely with key stakeholders, including the Organisation for the Harmonisation of Business Law in Africa (OHADA).

    The goal, he said, is to bridge the gap between common law and civil law jurisdictions while promoting regional integration within the arbitration and ADR industry.

    NICArb Registrar/Chief Executive Officer, Mrs Shola Oshodi-John, said the theme reflected the dynamic landscape of arbitration and resonated deeply with the institute’s mission of being a template for advancing arbitration and other forms of ADR proceedings in Nigeria and beyond.

    She said the 45th anniversary showed how far the institute had come, and expressed gratitude to its partners and sponsors who have, over the years, supported it in cash or kind.

    “I say a big thank you. We could not have come this far without your support,” Mrs Oshodi-John said.

    “I look forward to seeing the impact of our collective contributions in the months and years to come.

    “Let us continue leading the way in transforming the landscape of arbitration and ADR,” she added.

  • Simon Ekpa: Cracking the extradition tough nut

    Simon Ekpa: Cracking the extradition tough nut

    Nigeria and Finland do not have a bilateral extradition treaty. Can Simon Ekpa, the Finnish-Nigerian self-acclaimed “Prime Minister of the Biafra Republic Government in-Exile (BRGIE)” accused of inciting devastating violence and destruction in the Southeast be extradited? ADEBISI ONANUGA sought the views of renowned international law experts

    The arrest of Simon Ekpa last Thursday in Finland was celebrated by many. At last!, they said in relief. But, extraditing Ekpa to Nigeria to face justice may not be so straightforward. 

    He was detained by the Finnish National Bureau of Investigation (NBI) on accusations of terrorist activities believed to have led to unrest in the Southeast.

    Ekpa was remanded in custody by the District Court of Päijät-Häme on suspicion of public incitement to commit a crime with terrorist intent.

    This marks his second arrest in Finland; he was detained in 2023 on suspicion of illegal fundraising but was released shortly after.

    Chief of Defence Staff (CDS), Christopher Musa, believes Ekpa’s arrest indicated that the international community was in synergy with Nigeria in its efforts to fight terrorism.

    He hopes the arrest will be “a step towards his extradition to Nigeria so that he will face justice.

    “We are delighted about his arrest and glad that the international community is partnering with Nigerians in our fight against terrorism,” a statement quoted him as saying.

    Ekpa was detained “on suspicion of public incitement to commit a crime with terrorist intent,” while the four others were apprehended “for financing a terrorist crime.”                                                   

    “The detention demands are related to a preliminary investigation in which a Finnish citizen of Nigerian descent, born in the 1980s, is suspected of public incitement to commit a crime with terrorist intent,” the police said.

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    It suspects that Ekpa was promoting his efforts from Finland “by means that have led to violence against civilians and authorities as well as other crimes in the region of South-Eastern Nigeria.”

    The man Ekpa

    Ekpa was born on March 21, 1985 in Ohaukwu, Ebonyi State. In 2022, while in Finland, he declared the activation of the Biafra Government in Exile (BGIE), and in 2023 declared himself the “Prime Minister” of the Biafra Republic Government in Exile (BRGIE).

    In September 2021, Ekpa denounced Nigeria and vowed to return the medal he won for the country at the 2003 African Junior Athletics Championships, and renounced his Nigerian citizenship the following year.

    In July, he claimed he had returned the medals to the Nigerian Ministry of Foreign Affairs.

    Ekpa was the Chairman of the Igbo Union Finland from 2015 until 2019.

    Since 2007, he has lived with his family in Lahti, Finland.

    He learned Finnish, became a citizen and did military service in the Finnish military at the Häme Regiment in Hennala in 2013 as well as a reservist in the Finnish Army.

    Ekpa joined Finnish politics in 2012 and ran as a candidate in the 2017 Finnish municipal elections and was also a candidate in the 2022 Finnish county elections under the National Coalition Party of Finland.

    He claims to be a lawyer, but according to his Wikipedia profile, he is not an attorney in Finland and does not represent clients in court.

    He claimed to hold a Master of Law (LLM) degree from the Welsh Aberystwyth University, which could not be confirmed.

    In July 2021, Ekpa was announced as the lead broadcaster for Radio Biafra, associated with the Indigenous People of Biafra (IPOB) after the arrest of its leader, Nnamdi Kanu.

    However, Ekpa was not allowed to broadcast for violation of the rules of the organisation.

    IPOB accused Ekpa of illegal activities.

    Ekpa would later be declared the leader of an IPOB faction.

    Extradition Treaty

    Nigeria and Finland do not have a direct extradition treaty.

    Experts however say extradition can still occur based on multilateral agreements or international law.

    Finland’s decision to extradite Ekpa would depend on its diplomatic relationship with Nigeria and the nature of the crimes committed, experts said.

    Extraditing Ekpa will be at Finland’s discretion, especially given that he is also a citizen.

    What experts said

    International law experts – Prof. Akin Oyebode and Prof. Damilola Olawuyi (SAN), as well as Forensic Advocate and international Law Consultant Asiwaju Kunle Kalejaye (SAN), proffered solutions to Ekpa’s extradition conundrum.

    Oyebode said the technical language to describe the request to be made regarding Ekpa is rendition, which can be evoked by Nigeria.

    He said depending on the attitude of Finland, it could either be accepted or declined.

    “I am talking pure international law now. Even if there were a treaty, there is what we call the principle of double criminality.

    “That is to say extradition would depend on whether the extraditable crime is considered a crime in both the laws of the asking state and the state of refuge of the fugitive. That is what you call double criminality,” he said.

    The international law professor said there are exceptions to the law of extradition.

    He explained: “Extradition would not normally lie for political offences and military offences. Extradition would be denied if there is no certainty of observance of the rights of the fugitive.

    “The general rule is that without a treaty, extradition would not normally occur, but it does not exclude the possibility of rendition.

    “It is only that rendition is not politically affected than extradition.

    “It depends on the relation between the requesting state and the surrendering state.

    “If the political relationship is positive, then rendition can lie.”

    Extradition treaty fundamental

    Kalejaye said Ekpa is a dual citizen and is therefore protected in Finland.

    He said the issue of an extradition treaty is very fundamental and without one, there can be no legal basis or justification for extradition.

    On the way out, Kalejaye said: “Finnish law allows for the revocation of citizenship under special circumstances on conviction of certain high crimes. But whether this is possible in the case of Ekpa would have to be seen first.

    “If he is convicted in Finland and his citizenship revoked, then he comes outside the non-extradition of citizens only to European and Nordic countries.

    “The good thing for Ekpa is that most European countries, Finland inclusive, passionately protect freedom of speech laws.

    “It would have to be seen whether Ekpa went beyond the freedom of speech rules.

    “That again is another albatross for Nigeria. Our human rights records are very very poor.

    “It has been compounded by the recent arraignment of virtual babies for treason in a trial that ridiculed us before civilised world!”

    Hurdles before Nigeria

    Olawuyi said extradition for alleged crimes must be done under international and domestic laws.

    He underscored the need to balance the interest of justice with respect for the fundamental human rights of the alleged offender.

    Olawuyi, Deputy Vice Chancellor of Afe Babalola University Ado Ekiti (ABUAD) said: “First, extradition is based on the existence of a pre-established extradition agreement between the concerned states, in which they exchange promises to ensure that offenders who have committed heinous crimes are repatriated to face justice in the country where or against which the alleged offence is committed.”

    He noted that in exceptional cases, even without an extradition treaty in place, Finland may decide to agree to an extradition request from Nigeria based on assurance of reciprocity.

    He also pointed out that even when in place, extradition treaties often exclude political offences from the purview of extraditable offences.

    According to Olawuyi, if a person is alleged to have committed offences of a political nature such as treason, rebellion, sedition, insurrection or felony, such requests are rarely granted to avoid the persecution of the alleged offender.

    A third responsibility of the repatriating state, in this case, Finland, he said, is to ensure that the extradited person shall be given a fair trial by the judiciary and not be subjected to torture or kept in deplorable prison or detention facilities.

    “We, therefore, have a huge hurdle to scale by demonstrating that Nigeria has viable and independent judicial and correctional systems that operate under the rule of law, devoid of political considerations.

    “Nigeria’s previous requests to other countries for extradition have not been straightforward for the above reasons, and I do not expect a totally different outcome in this case,” Olawuyi said.

    To him, the way forward will be to pursue diplomatic discussions and solutions with Finland, based on the principle of reciprocity, rather than focusing solely on the letters of the law.

  • Prison fellowship Nigeria gets new board chairman, ceo

    Prison fellowship Nigeria gets new board chairman, ceo

    Prison Fellowship Nigeria rose from its  Annual General Meeting in Ogun State with new leadership at both the board and executive levels.

    Dr Olayide Adelami, mni becacame the new Board Chairman, succeeding Mrs Dorcas Din who has finished her term.

    A seasoned technocrat and public administrator, His Excellency, Dr Olayide Adelami, mni is the Deputy Governor of Ondo State and previously served as the Deputy Clerk of the National Assembly.

    He was the Board’s Second Vice Chairman before his appointment. 

    Also at the AGM, a new Executive Director/CEO was inaugurated. He is Dr Jacob Tsado whose appointment had earlier been announced by the Board of Trustees.

    Dr Tsado took over the mantle of leadership from Barr. Benson Iwuagwu who retired after 19 meritorious years of service to the organisation.

    Dr Tsado was formerly a Research Fellow and Director of Publications at the prestigious National Institute for Policy and Strategic Studies, Kuru, Nigeria, and a founding member of Prison Fellowship Nigeria.

    The Fellowship also announced the appointment of Professor Chioma Agomo as the First Vice Chairman of Board while Engineer Yinka Oyewole is the Second Vice Chairman.

    Prison Fellowship Nigeria is chartered with Prison Fellowship International which has chapters in over 120 countries.

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    Prison Fellowship Nigeria is also an observer member of the African Union Commission on Human and Peoples Rights. 

    The Africa Regional Director of Prison Fellowship International, Ashella Ndhlovu, who graced the occasion on behalf of the International President, Andy Corley, paid glowing tribute to Barr. Benson Iwuagwu, the former Executive Director, for his outstanding service to the organisation.

    Speaking during the ceremonial handing over, the former Board Chairperson, Dorcas Din, expressed gratitude for the opportunity to serve God and humanity and urged members of the Fellowship to rededicate themselves to the task of reforming and reintegrating inmates.

    The new Chairman, Dr Adelami, promised that the Board would devote full attention to ensuring policies and mobilisation of resources that would uplift the Fellowship and strengthen its capacity to achieve its goals.

     In his inaugural address, the new Executive Director, Dr Jacob Tsado, said he was humbled to be stepping into the big shoes handed over by Barr. Iwuagwu.

    He called for renewed efforts by all members to uplift the Fellowship.

    He promised to work with stakeholders in pursuing restorative justice as well as the rehabilitation and reintegration of offenders.

    Dr Tsado thanked stakeholders, particularly the Nigerian Correctional Service, Prison Fellowship International, SMEDAN, Covenant University and the International Institute for Democracy and Electoral Assistance (IIDEA) for their support and belief in the vision of the Fellowship.

  • Ex-Kenya Chief Justice, others for Punuka lecture, Idigbe centenary grand finale

    Ex-Kenya Chief Justice, others for Punuka lecture, Idigbe centenary grand finale

    Former Chief Justice and President of the Supreme Court of Kenya, Dr Willy Mutunga, will be the chairman of the 2024 Punuka Attorneys & Solicitors Annual Public Lecture and grand finale of the centenary celebrations in honour of the late Justice Chike Idigbe of the Supreme Court, who founded the firm.

    Kwara State Governor and Chairman of Nigeria Governors Forum, AbdulRahman AbdulRazaq will lead other governors to the event.

    Also expected are serving and retired Justices of the Supreme Court and Court of Appeal, serving and retired judges and senior lawyers.

    The event will be held on December 5, 2024, in Lekki, Lagos at the new PUNUKA head office complex, PAS World Centre, which will be opened the same day.

    Prof. Olabisi Akinkugbe of Dalhousie University, Halifax, Canada will deliver the lecture.

    The late Justice Idigbe was a distinguished Nigerian jurist who practised law all over West Africa from 1947 to 1961.

    He served as a judge in the then Eastern Region of Nigeria High Court and Chief Justice of the Midwest Region, rising to the position of Justice of the Supreme Court.

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    Born on August 12, 1923, in Kaduna, he studied law at King’s College, University of Cambridge.

    He settled in Warri, where he established his law office PUNUKA Chambers in 1947 (named after his great-great-grandfather Obi Idigbe, who was married to one ‘Onye Punuka’) with the famous Sierra-Leonean lawyer Nelson Williams.

     In 1961, he was appointed a Judge of the Eastern Nigeria High Court, and in 1964, he was elevated to the position of Justice of the Supreme Court.

    From 1964-1967, he served concurrently as the Chief Justice of the newly created Mid-Western region before he ceased to be a Nigerian judge as a result of the Civil War.

    In 1972, he joined Irving and Bonnar, the oldest law firm in Nigeria as a partner, and three years later in 1975, he was re-appointed a Justice of the Supreme Court of Nigeria.

    He shared the Supreme Court bench with notable Justices such as William Algernon Holwell Duffus, Edger Ignatius G. Unsworth, John Idowu Conrad Taylor, Vahe Robert Bairamian, Eugene O. Adeyinka Morgan, Louis Nwachukwu Mbanefo, Michael Oguejiofo Ajegbo, George Baptist A. Coker, Charles Dadi Onyeama, Ian Lewis, Atanda Fatai-Williams (CJN), Udo Udoma, Taslim Olawale Elias (CJN), George Sodeinde Sowemimo (CJN), Dan Ibekwe, Darnley Arthur R. Alexander (CJN), Mahman Nasir, Muhammed Bello (CJN), Charles Olusoji Madarikan, Andrew Otutu Obaseki, Anthony Nnaemezie Aniagolu, Buba Ardo, Kayode Eso, Augustine Nnamani, and Muhammadu Lawal Uwais (CJN).

    During his tenure on the Bench, he delivered the lead judgements in several landmark cases amongst which are: Bucknor-Maclean & Anor vs Inlaks Limited, Shitta-Bey vs Federal Public Service Commission, Arase vs Arase, Balogun vs National Bank, Usoro vs Shell Petroleum Development Co., Atiti Gold vs Beatrice Osaseren, Mutual Aids Society vs Akerele amongst others.

    He also served as chairman of the land use committee set up to review the land tenure system in Nigeria.

    He was the recipient of two national honours: Officer of the Federal Republic (OFR) and Commander of the Niger (CON).

    Justice Idigbe was also a traditional Chief (Olinzele) of Asaba and held the highly coveted title of Izoma of Asaba as a man of the people.

    He was happily married and blessed with children, amongst whom are: Mr. Victor Idigbe (late), Mr. Jude Obioha Idigbe Esq, Ms. Uche Idigbe, Chief Anthony Idigbe (SAN), Mr. Amaechi Felix Idigbe and Mr. Ifeanyi Paul Idigbe (late).

    Justice Idigbe passed away on July 31, 1983, at the Cromwell Hospital in London, just a few days short of his 60th birthday and anticipated appointment as the Chief Justice of Nigeria.

    He was a remarkable jurist and a trailblazer in his field, leaving a legacy that inspires generations of legal practitioners in Nigeria. and beyond.