Category: Law

  • Osunbor charges Judiciary to protect rule of law

    Osunbor charges Judiciary to protect rule of law

    The Former Chairman of Nigerian Law Reform Commission and Governor of Edo State, Senator Oserheimen Osunbor, has called on the Judiciary to show sincerity and determination to protect the Rule of law, not by mere rhetorics but by action and a change of attitude that all can see.

    This was the thrust of a keynote address delivered by Prof. Osunbor, at Oladipo Jimilehin’s 90th birthday Colloquium.

    The event which was held at Nigerian Institute of International Affairs (NIIA) Victoria Island, Lagos, was themed: “The Rule of Law in Contemporary Nigeria: an in-depth analysis”.

    In his Address, Prof. Osunbor, cited that rule of law has thrived and has been a cardinal principle of the government in the country, regardless of the system of government in practice.

    He however, lamented that the country has reached a point under the current political leadership where the law exists only on paper.

    He added that the leadership of the three arms of government, has not demonstrated fidelity to the  concept.

    Citing instances where each arm of government has desecrated the rule of law, the former NBA President, lamented that the National Assembly, has now ceased to exercise its independence. He described their current practice as “mere rubber-stamp   that approves every request submitted to it by the president.

    Referencing section 14 (1) (b) of the Constitution that states that “the security and welfare of the people shall be the primary purpose of government”, he stated that it has been jettisoned, while security of citizens, is neglected.

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    The Keynote Speaker also cited the suspension of a democratically elected Governor of Rivers State, Sim Fubara, by the President under the guise of a State of Emergency and approved by the National Assembly, as the most egregious violation of the Constitution.

    He also urged the leadership of the Nigerian Bar Association, to lead in cleansing the system of the rot, no matter where.

    “Respect for the rule of law is inevitable lest we return to Hobbesian State of nature, when life was “nasty, brutish and short”. Nigeria must survive. Nigeria will survive under the rule of law but impunity must end,” he noted.

    In an interview , a Research Fellow, Nigeria Institute of International Affairs, Prof. Femi Olubanjo, reiterated that rule of law can be maintained by enforcing existing laws.

    Prof. Olubanjo also stressed that there is need for revolution in the country in order to return to the rule of law.

    “There is too much lawlessness and corruption in the country. The people must rise. They must know that it is better to live in a lawful society than a lawless one,” Olubanjo said.

    The celebrant, Mr. Jimilehin, appreciated the attendees of the event for sharing in his joy. He however, noted that corruption has deepened too much into the fabrics of the society and would only require collective efforts to be wiped out.

    “It is difficult for anyone to say that corruption will be wiped out. It’s for everybody. We must be determined to say that we are going to do away with corruption because there is corruption everywhere. If we want to face reality, everybody will make it their duty to fight corruption,” he stressed.

  • Ilorin NBA to fete Senator Mustapha at annual Bar dinner

    Ilorin NBA to fete Senator Mustapha at annual Bar dinner

    The Nigerian Bar Association (NBA), Ilorin Branch, has announced that its 2025 Annual Bar Dinner and Award Night will be held in honour of Senator Saliu Mustapha, marking the first time in the branch’s history that the event is being dedicated to a non-lawyer.

    The dinner, scheduled for 20 December 2025 at the Arca Santa Arena, Ilorin, is expected to attract leading legal practitioners, academics, and key stakeholders in the justice sector.

    In a statement signed by the Publicity Secretary of the branch, A.O. Ahmed-Aliagan, the NBA said the honour is in recognition of Senator Mustapha’s “consistent goodwill, steadfast support and enduring relationship with the Ilorin Bar.”

    Senator Mustapha, who represents Kwara Central Senatorial District at the National Assembly and holds the traditional title of Turaki of Ilorin Emirate, has, over the years, provided institutional and personal support to the branch, the association said, adding that his contributions have strengthened the activities and cohesion of the Ilorin Bar.

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    The NBA also announced a list of distinguished personalities to be honoured at the event for their contributions to the legal profession and the wider society. They include retired jurist, Justice Hannah Ajayi; law professor and Senior Advocate of Nigeria (SAN), Mubarak Adekilekun; Abdulsalam Yunus, SAN; Lukman Fagbemi, SAN; and Ghazali Shafiu, Officer-in-Charge of Monitoring.

    A special philanthropic award will also be presented to Alhaji Tajudeen Ajibola Ibrahim Eleku, a business leader and prominent figure in the construction industry, in recognition of his contributions to humanitarian causes.

    According to the statement, the 2025 Bar Dinner will serve not only as a social gathering but also as a platform to reflect on professional values, celebrate institutional memory, and strengthen bonds among members of the Ilorin Bar and its partners.

    “The Bar Dinner remains a forum for celebrating tradition and honouring service,” the statement said, urging members and stakeholders to attend what it described as an eventful and memorable evening.

  • Apologise to Dubai-based businessman for wrongful ‘wanted’ declaration, court orders EFCC

    Apologise to Dubai-based businessman for wrongful ‘wanted’ declaration, court orders EFCC

    The Federal High Court sitting in Kaduna has ordered the Economic and Financial Crimes Commission (EFCC) to apologise to Dubai-based businessman, Alhaji Rabiu Auwalu Tijjani, for unlawfully declaring him wanted, ruling that the action violated his fundamental rights.

    Delivering judgment, Justice H. Buhari held that the EFCC acted outside its statutory powers when it published Tijjani’s name and photograph on its website without first obtaining a court order or exhausting all lawful procedures. The decision was contained in a certified true copy issued on Thursday.

    Tijjani, a Kano-born gold merchant based in Dubai, filed a fundamental rights enforcement suit against the EFCC and businessman Ifeanyi Ezeokoli. The case stemmed from a disputed multi-million-dollar gold transaction between both men dating back to 2022.

    According to court documents, the parties initially reconciled an overpayment of ₦26 million. However, an independent audit later allegedly uncovered an additional discrepancy of more than $2 million in Tijjani’s favour. Tijjani subsequently reported the matter to the Department of State Services (DSS), and both sides submitted documents to the agency for investigation.

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    While the DSS inquiry was still ongoing, Ezeokoli petitioned the EFCC. Tijjani told the court that although the EFCC contacted him via WhatsApp and he sent a representative, neither of them was invited again before the Commission proceeded to declare him wanted — a move he said tarnished his global business reputation.

    Justice Buhari ruled that although the EFCC is empowered to declare suspects wanted, such actions must follow due process, including securing an order of a competent court. The arrest warrant the agency obtained from a Magistrate’s Court, the court held, did not authorise a public declaration.

    The judge further emphasised that the EFCC must not interfere in matters arising purely from civil or commercial disputes, especially where another security agency — in this instance, the DSS — is already investigating the case. He cited appellate court decisions warning investigative bodies against being used to settle business disagreements or enforce debt repayment.

    The court declared the EFCC’s publication unconstitutional and a violation of Tijjani’s right to personal liberty, freedom of movement, and due process. 

    It then ordered the Immediate removal of Tijjani’s name and photograph from the EFCC website; a public apology to the applicant and payment of ₦5 million in damages.

    Tijjani had sought ₦1.5 billion and additional reliefs, but only part of his request was granted.

  • CJN, Etomi: rule of law, strong institutions key to development

    CJN, Etomi: rule of law, strong institutions key to development

    Chief Justice of Nigeria (CJN) Kudirat Kekere-Ekun has emphasised the crucial role of the law in maintaining political stability, fostering economic confidence, and upholding freedoms and responsibilities.

    She spoke at the 2025 Fellows’ Lecture and 19th Conferment of the Institute’s Honorary Fellowships by the Nigerian Institute of Advanced Legal Studies (NIALS) on December 2 in Abuja.

    The theme was: “Law, politics and economic development: Nigeria at crossroads.”

    The CJN stressed that, amidst Nigeria’s current socioeconomic challenges, the rule of law is paramount, particularly for the judiciary in fulfilling its vital role.

    Guest lecturer, Mr. George Etomi, highlighted Nigeria’s governance struggles, citing institutional weaknesses, electoral distrust, and public disillusionment.

    According to him, Nigeria’s low ranking in the Rule of Law Index indicates a need for enhanced adherence to legal principles.

    Addressing issues in key sectors such as oil and gas, telecommunications, and banking, he emphasised the importance of good governance for national development.

    Etomi proposed strengthening institutions, promoting transparency, and fostering accountability as crucial steps to address governance deficiencies.

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    NIALS Director General, Prof. Abdulqadir Abikan, reiterated the institute’s dedication to excellence and societal impact.

    He highlighted the significance of the Fellows’ Lecture in driving scholarly discussions and promoting intellectual capacity within Nigeria’s legal system.

    The Honorary Fellowship was bestowed upon four distinguished jurists and legal scholars, including two former ministers of justice Chief Kanu Godwin Agabi (SAN) and Mr. Muhammed Bello Adoke (SAN).

    Other recipients were the immediate-past Director General of the Institute, Prof. Muhammed Twafiq Ladan, and Mallam Yusuf Ali (SAN).

    They were recognised for their academic achievements, professional integrity, and service to the legal community and the nation.

    Responding on behalf of the awardees, Prof. Ladan thanked NIALS for the honour and pledged continued support for research and scholarly work at the institute.

    He expressed gratitude to Prof. Abikan for sustaining the Fellows lecture.

  • Court restrains firm from selling aircraft

    Court restrains firm from selling aircraft

    Justice Mohammed Madugu of the Federal High Court  in Abuja has issued an interim order restraining Galactic Aviation Limited and two others from selling an Embraer EMB-145LR aircraft identified as 5N-BZM.

    He granted the order after hearing an ex-parte application filed by the claimant – Reekers Engineering and Construction Limited.

    The claimant had, through its counsel, Azeez Taiwo Hassan (SAN), filed and argued the motion exparte in a suit marked FCT/HC/BW/CV/391/2025.

    The claimant instituted the suit against Galactic Aviation Limited, Abdullahi Ahmed, NG Eagle Airline Limited and the  Minister for Aviation and Aerospace Development as first to fourth respondents respectively.

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    Ruling, Justice Magudu granted the application restrained the first to third defendants – Galactic Aviation Limited, Mr. Abdullahi Ahmed, and NG Eagle Airline Limited – from putting up for sale or selling the aircraft with Manufacturer Serial Number 14500842 and engine serial numbers ESN 25606 and ESN 25831.

    The court noted that the aircraft had allegedly not been fully paid for by the first and second defendants.

    Justice Madugu also ordered the defendants to show cause within seven days why key prayers in the claimant’s motion ex parte should not be granted.

    The court adjourned to December 16

  • Court orders bank to pay ex–deputy gov N1.07b

    Court orders bank to pay ex–deputy gov N1.07b

    The National Industrial Court (NIC) in Abuja has ordered a first generation bank to pay a total of N1.07 billion to the former Deputy Governor of Kogi State, Elder Simon Achuba, being satisfaction of a judgment debt owed by the state government.

    During the trial of the case, Femi Falana (SAN), represented the ex-deputy governor,  while Paul Daudu, (SAN), appeared for the Kogi State Government.

    Apart from the order for payment, the industrial court chided the respondents counsel, Daudu, for acting unprofessionally.

    The court observed: “I will not conclude this ruling without making some comments regarding the JD application. I have observed that same was brought malafide for the fact that it seeks to set this court in collision with the express orders of the Court of Appeal and the provisions of section 243 (3) of the CFRN.

    “This conduct I must say is most unprofessional and does portray the bar in good light. Consequently, cost of N1million only is awarded against the judgment debtor counsel, in favour of the judgment creditors.

    “On the whole, the objection lacks merit, same is hereby dismissed.”

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    Justice R. B. Haastrup made the Order Absolute on November 27 after holding that the bank failed to provide credible evidence to prove that the funds in a Kogi State Government account it holds were sourced from the World Bank or jointly owned by 19 northern states, as claimed.

    Achuba, represented by human rights lawyer Femi Falana (SAN), had urged the court to make the earlier garnishee order nisi absolute, following the bank’s admission that it held sufficient funds in the Kogi State ACRESAL Noida designated account (a dollar account) to satisfy the judgment.

    The bank, however, through its counsel, argued that the funds were World Bank–supported monies for environmental projects across northern states and therefore could not be used to settle the judgment debt.

    Justice Haastrup disagreed, holding that the bank supplied no documentary evidence to back its claims.

    The court stated that since the bank had already revealed the existence of sufficient funds in the relevant account, and no proof showed the money was restricted or jointly owned, the law required the court not to deprive a successful litigant of the fruits of his judgment.

    The court therefore ordered the bank to immediately pay: N1,070,860,138 being the outstanding judgment sum; N2 million, the cost awarded by the Court of Appeal; and N1 million as costs of the garnishee proceedings.

    The total payment is to be made into Achuba’s Access Bank account as provided in the order.

    Justice Haastrup also discharged all other banks initially joined as garnishees, including Zenith Bank, First Bank, GTBank, Access Bank, Polaris Bank, and others.

  • Loan dispute: Court refers Dandis, BOI to mediation

    Loan dispute: Court refers Dandis, BOI to mediation

    The Lagos State High Court has adjourned the case between Dandis Global Resources Limited and the Bank of Industry (BOI) to February 18, 2026 to allow both parties explore the possibility of settling the matter through mediation.

    Dandis Global Resources Limited had filed the suit over an alleged failure by BOI to disburse approved loan facilities intended for the establishment of its chicken processing factory in Ibadan.

    According to the Statement of Claim, the company applied for a N75 million facility in 2018 but alleged that BOI delayed the process for years before eventually approving reduced sums in 2022 and 2023, namely a term loan of N30.3 million and working capital of N15.6 million.

    The claimant stated that despite paying all required fees and submitting disbursement requests for equipment, including a cold room, blast freezer, feed mill and generator, the bank allegedly refused to release any part of the loan.

    The company said it had already imported some machinery in reliance on the expected funding, while rising inflation and recent fiscal policies led to sharp increases in equipment costs, worsening its financial burden.

    Dandis Global claims the bank’s actions amounted to a fundamental breach of contract, preventing it from commencing operations at its agro-processing plant.

    The aggrieved Claimant had sued the Defendant seeking several reliefs over a disputed loan application. The Claimant is seeking the following reliefs; (I) A declaration that the Defendant committed breach of the 2023 Loan Agreement for failure to disburse the approved credit facilities; (ii) General damages of N225 million and (iii) Aggravated and Exemplary damages of N100 million.

    At the resumption of proceedings, counsel to the claimant, Jide Bodede, informed the court that the plaintiff was open to resolving the dispute amicably.

    He requested that the case be referred to mediation, noting that such a step could help both parties reach a settlement without proceeding to full trial.

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    “Our humble request this morning is for the matter to be referred to mediation. We believe that parties can explore an amicable settlement of this matter. If it is not possible, we will return to the court for trial,” Bodede said.

    In response, E.O. Okunade, counsel to the defendant, confirmed that the Bank of Industry expressed no objection to reference of the case to mediation. He added that the defendants were equally interested in an expedited reconciliation of the matter.

    “We are not opposed to exploring mediation to expedite the reconciliation of this matter,” he said.

    Justice Elizabeth Alakija, after hearing both counsel, directed that the matter be referred to mediation and adjourned the case to February 18, 2026, for a report of settlement and further proceedings.

  • Plural Oil, directors seek to vacate order freezing accounts

    Plural Oil, directors seek to vacate order freezing accounts

    The legal battle between Providus Bank Plc and Plural Oil Marketing Limited has intensified.

    The company and its directors have approached the Federal High Court in Lagos to vacate an ex-parte order that froze their bank accounts across multiple financial institutions.

    In a Motion on Notice, Plural Oil Marketing Limited, Babatunde Olukunle Oyefolu and Oluwatobiloba Ayomide Oyefolu described the ex-parte order, granted on October 7, 2025, as unlawful, oppressive and obtained in violation of their constitutional right to fair hearing.

    In their application, the defendants/applicants argued that the court lacked jurisdiction to grant the order because it was issued before they were served with any originating processes.

    They noted that even the order itself directed the plaintiff, Providus Bank, to effect substituted service, clear evidence that service had not yet been carried out at the time the accounts were frozen.

    Plural Oil stated that it only became aware of the freezing directive on October 9 when various banks forwarded compliance notices from the Bank’s solicitors.

    The company described the development as a “textbook breach” of Section 36 of the 1999 Constitution, which guarantees the right to be heard before adverse judicial steps are taken.

    They also accused Providus Bank of failing to make the full and frank disclosure required when seeking ex parte orders.

    In their affidavit, the applicants outlined several material facts the bank allegedly withheld.

    According to them, Plural Oil had already paid N891,036,000 towards the disputed facility and the company formally requested reconciliation and restructuring on the same day the bank approached the court.

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    The applicants argued that Providus Bank had earlier petitioned the EFCC, leading to the Managing Director’s seven-day detention in what they described as dehumanising conditions, despite the matter being civil in nature.

    The further submitted that the delays in reconciliation were caused by the bank’s failure to provide timely reconciliation schedules for over a year.

    The applicants argued that the omissions were deliberate and intended to create “a false sense of urgency and wrongdoing” to justify the sweeping ex parte order.

    Plural Oil further contended that the order extended far beyond permissible preservation measures by freezing all accounts linked to the BVNs of the second and third applicants, including accounts in which they merely served as signatories and which belonged to third parties not connected to the dispute.

    They described this as judicial overreach and a violation of Section 44 of the Constitution, which prohibits unlawful deprivation of property.

    The applicants argued that the order effectively punished them before any trial had taken place and without evidence that the accounts contained proceeds of the disputed loan or were at risk of being dissipated.

    Responding to reports suggesting that Plural Oil diverted Base Oil financed through Letters of Credit, the company vehemently denied the claim.

    It said the products were sold in the ordinary course of business and the proceeds remitted to the Bank.

    The applicants added that Providus Bank participated in reconciliation and restructuring exercises between 2021 and 2023, insisting that nothing about the transactions was hidden or fraudulent.

    The company also criticised Providus Bank’s earlier petition to the EFCC, which led to the MD’s prolonged detention.

    The applicants described the action as an abuse of process intended to intimidate the company and compel concessions outside civil banking procedures.

    The detention, they said, also disrupted medical treatment for serious cardiac and neurological conditions.

    Emphasising on the alleged wrongful order, Plural Oil told the court that the continued freezing of its accounts has crippled its operations, halted legitimate business activities and caused “irreparable damage” to its financial health, employee obligations and contractual commitments.

    The applicants therefore urged the court to vacate the ex-parte order ex-debito justitiae (as a matter of justice) and restore immediate access to all affected accounts.

    The applicants seek a declaration that the order was obtained in breach of fair hearing, lacked jurisdiction, and should attract costs against Providus Bank for alleged misuse of ex parte procedures.

    Justice Akintayo Aluko has adjourned till December 22 for hearing.

  • Alleged N1b fraud: Court acquits contractor, ex-MTN staff

    Alleged N1b fraud: Court acquits contractor, ex-MTN staff

    Justice Ismaila Ijelu of the Lagos High Court in Ikeja has dismissed charges of conspiracy and obtaining money by false pretence against a contractor, Mutairu Babatunde and two former staff of MTN, Victor Akintunde and Gani Mustapha.

    The judge discharged and acquitted  defendants alongside their companies: Primavera Engineering and Construction Limited, and Mabo Dredging Limited of alleged N1billion fraud

    The court also ordered the Economic and Financial Crimes Commission (EFCC) to release all their withheld assets and seized properties to them.

    The judge’s order was sequel to the affidavit of fact filed by counsel representing the defendants: Mr Olalekan Ojo (SAN) and G. M. Oguntade (SAN) praying the court to discontinue the case after the nominal complainant, MTNN Employees Multipurpose Society Limited-and all the defendants resolved their matter in a civil suit.

    The parties voluntarily executed a comprehensive settlement agreement dated August 25, 2025, after which terms of settlement were filed in the civil suit on September 17, 2025 before Justice Kudirat Jose of the Commercial division of a Lagos High Court sitting Tapa, Lagos Island, entered a consent judgment, thereby conclusively resolving the dispute.

     Ojo, (SAN), informed the court the nominal complainant, through its solicitors, wrote a formal letter dated August 29, 2025 to the EFCC, communicating the settlement and expressly requesting the discontinuance of the charge.

     “We have written to the commission, the EFCC by letter dated October 23, 2025 and requested withdrawal of the prosecution in light of the consent judgment.”

    The EFCC counsel, Mr Babatunde Sonoiki confirmed receiving of the affidavit and acknowledged that the Commission has been formally notified the settlement and is awaiting internal directives.

    However, Justice Ijelbu in his ruling held that, “The facts demonstrate that the engine of the prosecution-the nominal complainant-has completely settled the matter, has no subsisting complaint, and has formally requested the EFCC to discontinue the criminal proceedings.

    “The civil component has likewise been brought to a lawful end by consent judgment of the High Court. The  complainant’s express withdrawal-affirmed by written correspondence and a subsisting consent judgment, extinguishes the basis for further prosecution. As recognised in FRN v. Ononye (supra) and PML Nig. Ltd. v. FRN (2017) LPELR 43480, maintaining a criminal charge in these circumstances would be an exercise in futility.

    “Accordingly, the court finds that there is no subsisting complaint, no outstanding dispute, and no legal foundation for continuing Charge No. ID/355/2013.

    “The charge is hereby dismissed, and the defendants are acquitted”

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    The court further ordered that the passports of the 1st and 2nd defendants, which were deposited with the Registrar of this Court as part of their bail conditions in Charge No. ID/355C/2013, be released to them forthwith.

    “It is further ordered that the respondent, acting through the Economic and Financial Crimes Commission (EFCC), shall immediately release to the 1st, 3rd and 4th applicants ali movable and immovable properties listed in the Schedule of Assets.

    “It is hereby ordered that the EFCC, including its appointed receiver/manager, shall file and render a full, accurate and itemised account of all rents collected from the properties of the 1st and 3rd applicants from 2013 to date, and shall pay over all such collected rents to the 1st and 3rd applicants.

    “It is further ordered that all rents collected in respect of the properties of the 1st, 3rd and 4th applicants be paid to them forthwith, after the accounting in order above.  For the avoidance of doubt, these orders take effect unless there is shown to exist any valid and subsisting order of a court of coordinate jurisdiction restraining the release of any specific asset”, the court declared.

  • DSVA, Judiciary train registrars on SGBV

    DSVA, Judiciary train registrars on SGBV

    The Lagos State Domestic and Sexual Violence Agency (DSVA), in collaboration with the Lagos State Judiciary, has held a workshop for court registrars to enhance the handling of Sexual and Gender-Based Violence (SGBV) cases across the state.

    The training was aimed at improving survivor-centred case management, strengthening institutional responsiveness, and ensuring timely justice delivery.

    Executive Secretary of DSVA, Mrs. Titilola Vivour-Adeniyi, said the engagement was part of efforts to build a more efficient and compassionate justice system for survivors of abuse.

    “The session reflects our collective resolve to strengthen the justice system’s response to sexual and gender-based violence and to ensure that survivors receive the dignity, protection, and timely access to justice that is deserved,” she said.

    Vivour-Adeniyi noted that Lagos continues to record cases of gender-based violence that demand swift and coordinated response from all stakeholders. She stressed that while DSVA had made significant progress through prevention and support services, the justice sector remained central to real change.

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    “Court registrars hold a pivotal place in this chamber. Your role determines how quickly files move, how well survivors are guided, and how effectively justice is delivered,” she added.

    She urged registrars to handle their duties with professionalism and trauma sensitivity, noting that their actions could either strengthen public confidence or erode it.

    According to her, the training would cover steps to improve documentation, expedite case management, reduce delays, and deepen survivor-centered communication.

    She expressed appreciation to the judiciary for its collaboration, and Justice Kasali Maluga, for the continued support and partnership.

    Also, Chief Registrar, Lagos State High Court, Mr. Elias Tajudeen, commended DSVA for partnering the judiciary to strengthen the capacity of court registrars in handling SGBV cases.

    “This engagement is important because it promotes professionalism and provides clear direction on how to handle matters involving sexual and gender-based violence,” he said.

    Tajudeen urged registrars to be patient, attentive, and empathetic to survivors. “Be open-minded towards survivors and attend to them humbly so as not to compound their problems. Handle their cases with urgency and honesty,” he advised.