Category: Law

  • Agency to community leaders: stop shielding SGBV offenders

    Agency to community leaders: stop shielding SGBV offenders

    • By Elizabeth Eze and Eunice Ainetor

    Community leaders have been admonished  to stop covering up for cases of gender based violence and defilement that happened within their domain.

    Head, Case Management of Domestic and Sexual Violence Agency (DSiVA), Mrs Tumininu Oni and Head Commmunity Engagement, Dare Adewusi gave the advice at a one-day training organised for community leaders in the state  to educate them on their role in the matter.

    Mrs Oni told the community leaders to desist from such practices, stressing that domestic violence, rape, defilement are offences against the law and should be reported.

    She said community leaders are not empowered to decide those cases but should report them to the agency and law enforcement agencies for necessary action, insisting that such cases should not end with community leaders.

    She noted that victims of gender- based violence are not limited to women, adding that sexual assault and violence can also be committed against men and minors alike.

    “Gender-based violence is an issue that affects every person, male, female, young or old,.

    “It is a violence that targets individuals or group on the basis of their gender. It could be mentally, sexually, physically, psychologically, emotionally”, she said.

    “There is no reason or justification for domestic and sexual violence. Your education, mode of dressing, education, rich or poor, if we continue to give reasons for such, it will keep going on and on. So, all cases should be reported from anywhere”, she further stated.

    Read Also: Agencies partner on SGBV awareness month

    Mrs Oni, who took time to enlighten the community leaders on various types of sexual assault, also told them that ignorance is not an excuse “because they are  crimes against the law and the state.

    “There is no excuse for rape. You must name and shame the perpetrator” she said, noting that most of these perpetrators are not strangers but are families, friends and relatives.

    Mrs Oni also  educated them on the importance of Consent.

    “Consent is like F’R’I’E’S, Freely  given, and also reversible, informed.”

    She explained that the aim of the training is to show how relevant the community  can help in cases of domestic violence because they are the closest to the grassroot.

    The head of community engagement of Domestic and sexual violence agency, Damilare Adewusi, also in his speech made it clear that cases of domestic violence are not  meant to be handled within.

    “ We want you to go to the communities and be the flag-bearers because most times when such cases happen they tend to go throu gh the parctice of keeping it in the community, meaning that we don’t want it to go outside of our CDA, let’s settle and end it within”

    He recalled: “There was a case whereby it was the CDA chairman that was telling the survivor that, with my position as the CDA chairman, this case you won’t see it in court or get it to the police” we don’t want them to use their powers to seat on cases, that’s why we are engaging them, letting them understand where the law comes in and where their powers ends.

    Alhaji Amusat Azeez Chairman, Lagos State Community Development Advisory Council in his acknowledgment, appreciated the state government for holding such training and stated the relevance it will hold in their communities.

    “This training  is of great importance to  community members, particularly because it exposed  many things people don’t know about sexual harassment, sexual abuse, domestic violence within our conversation communities.

    “Many people always think SGBV relates to women alone, whereas it is vice-versa both to the men and women, children, adults and the younger ones.

    “This programme was intended to educate you about what the law says, what we should be doing and what should not be done.

    “We would disseminate this information particularly  to our communities because we are holding the state meetings in a few days’ time and this information will be passed from the CDC Chairman, representatives to all the CDAs in the 57 Local Government and LCDA in Lagos State”, he said.

    Lagos Assembly: we must get to root cause SGBV

    In a related development, the Lagos State House of Assembly hasjoined the Turn Lagos Purple campaign to commemorate the Lagos State Domestic and Sexual Violence Awareness Month.

    The Rt. Hon Speaker of the Lagos State House of Assembly, Rt Hon. (Dr.) Mudashiru Obasa  appreciated the Hon. Members and the Domestic and Sexual Violence Agency (DSVA) for the annual awareness month. He said there was need to address the root causes of Domestic and Sexual Violence and to find lasting solutions to the issues.

    He added that  members of the public should be timeously and routinely engaged whilst underscoring the importance for research to be commissioned to understand the root causes which would turn, aid in addressing the issues holistically.

    Laying the issue on the floor of the House as a matter of urgent public importance, Hon. Princess Olumegbon informed  her fellow members of the various forms of SGBV , even as she  stressed that the state had declared zero tolerance and the need to address the root causes of Gender Based Violence remains germane.

    Hon. Ladi Ajomale whilst supporting the motion, stressed that cultural norms and  some religious factors consciously or unconsciously encourage the perpetration of SGBV in our communities, whilst emphasising the negative impact domestic violence can have on the physical, mental and emotional well being.

    He, therefore, encouraged the state to strengthen its resolve in ensuring prevention campaigns are carried out and the male folk encouraged to join the fight against GBV.

    Hon. Oshafile whilst commending the State Government on the efforts made thus far, advocated for the need to strengthen the laws that regulate criminal conduct, ensure men and boys are adequately engaged, improve and enhance our data collection to better understand the issues. Furthermore,  according to her, there is a need to   * ensure decentralization of services  and more community involvement in the State.

    Hon. Ogunleye whilst lending his voice to the cause, commended Her excellency , Dr. Mrs. Ibijoke SanwOlu for  the Boy-child Campaign and re- emphasized the need to strengthen family systems and to ensure children are brought up with the right values.

    Hon. Tobun lending his voice  to the cause, highlighted other forms of abuse including siblings battery, femicide, etc,    The need for values, norms to be introduced and inculcated into our children and schools curriculums, engagement of religious leaders were also underscored.

    On his own part, Hon. Oluwa highlighted the fact that GBV cuts across both gender, and there was a need for advocacy take cognizance of this fact. He also stressed on the need to strengthen law enforcement agencies in order to ensure perpetrators are held accountable whilst survivors must be protected and encouraged to speak up.

    Hon. Yishawu harped on the prevalence of Domestic and Sexual Violence , he re-emphasized the importance of breaking the culture of silence, and the need to ensure cases are escalated to appropriate quarters. He further underscored the importance of the State in investing in infrastructure, establishment of shelters and other support services.

    The Distinguished members of the Lagos State House of Assembly were all adorned with purple ribbons, symbolizing domestic violence Awareness.

  • Legal education must not be static, says Olawuyi

    Legal education must not be static, says Olawuyi

    • Irede Okoroafor

    Chairman of the Nigerian Bar Association Legal Education Committee (NBA-LEC) Prof. Damilola  Olawuyi (SAN) has praised NBA President Mazi Afam Osigwe (SAN) for prioritising legal education. 

    While reeling out his agenda to reposition the legal profession, Osigwe announced the committee’s constitution.

     Olawuyi noted that Osigwe also “pushed for an improvement of infrastructural conditions in the Nigerian Law School campuses, develop a programme to have practising lawyers actively involved in teaching several courses at the Nigerian Law School and Faculties of Law; and introduce a mentorship scheme for aspirants to the Bar (whereby Law students would be assigned to established Law Firms), beginning at the Law Faculties and continuing into the Law School as it obtains in other developed jurisdictions”.

    He added: “The Committee will also collaborate with donors to establish an Endowment Fund for Legal Education. The Fund will support law teachers in conducting research aimed at advancing the justice sector, promoting constitutionalism in Nigeria, and furthering ‘curriculum and academic development.”

    The committee comprises Prof. Olawuyi (Chair), Prof Kamal Dawud (Alternate Chair), Dr. Jonathan Ekperusi (Secretary) and Dr. Matthew Anusiem.

    Reacting to his appointment as chairman, the frontline legal scholar and Professor of International Law, who is also a United Nations Independent Expert, said: “Over the last years, especially at the recent NBA Legal Education Summit in 2022, which I chaired its organising committee, members of the legal profession have consistently called for a reimagination of legal education in Nigeria, including the need to develop practice-ready lawyers who can contribute meaningfully to Nigeria’s development.

    “By identifying the reform of legal education as his top priority, Mazi Osigwe has demonstrated his commendable and exemplary desire to spearhead transformational innovation in our training of future lawyers.

    “Just as the problems facing our society are not static, legal education cannot afford to be static.

    Read Also: Malami: don’t reduce legal education council’s powers

    “This is why knowing the law alone is no longer sufficient to succeed in today’s world. “

    Olawuyi added: “We need lawyers that are skilled in business management, use of data analytics and artificial intelligence, as well as equipped with market awareness and entrepreneurship skills needed to move beyond traditional practice areas and become leaders in contemporary and emerging areas of law, such as artificial intelligence and cybersecurity law, space and aviation law, healthcare law, food and agricultural law, renewable energy, carbon finance law and international development law amongst others.”

     He said the NBA Legal Education Committee is well placed to continue this important discussion and we look forward to working with all stakeholders in this important task.

    Olawuyi who is also the  Deputy Vice Chancellor at Afe Babalola University, Ado Ekiti (ABUAD) urged academic members of the bar to seize this new momentum by engaging actively with the NBA Legal Education Committee “as we unveil innovative programmes aimed at paving the way for legal entrepreneurship and technology-driven advancements in the teaching and practice of law in Nigeria.”

  • Waziri-Azi: how to crack complex web of cross-border trafficking

    Waziri-Azi: how to crack complex web of cross-border trafficking

    Prof. Fatima Waziri-Azi is the immediate-past Director-General of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). Before her appointment in 2021, she was Senior Special Assistant to former President Muhammadu Buhari on Rule of Law (Office of the Vice President). In this interview with Deputy News Editor JOSEPH JIBUEZE and GRACE OBIKE, she speaks on law reforms, administration of justice, battle against trafficking in persons, and her rule of law advisory role under in the last administration.

    • Why traffickers target women, girls
    • How they trap victims
    • Judiciary bogged down by archaic systems
    • How to tackle trial delays

    What were the major challenges in the battle against child trafficking that NAPTIP under your leadership faced?

    Child trafficking is a complex issue involving various factors, such as poverty, lack of education, cultural beliefs and an organised crime network.Addressing these issues requires a comprehensive approach beyond law enforcement. Child trafficking involves the trafficking of any persons below 18 years of age for various forms of exploitation mostly for sexual and labour exploitation within and outside Nigeria. Traffickers force victims into servitude in homes, construction sites, and begging, while others exploit them sexually in brothels, hotels, and homes.

    Socio-economic and socio-political factors continue to exacerbate incidences of child trafficking across the country. For instance, poverty; unemployment; cultural beliefs; inordinate quest for quick wealth; greed, ignorance, corruption within various sectors’ task to ensure crimes like these do not take place; amongst others. There are cases of parents either directly trafficking their children or being complicit in facilitating the trafficking of their own children 

    On April 25, 2024, NAPTIP secured the conviction of a father, Solomon Terpase Chiana, who conspired with a Pius Aondoakaa to sell his eight-year-old son for exploitation or any other purpose. The court sentenced the two offenders, Solomon Terpase Chiana and Pius Aondoakaa, to five years’ imprisonment without the option of fine. There are so many cases like the case of this eight-year-old.

    In some communities, child labour is a cultural practice that is accepted as a means for children to contribute to the family. This cultural acceptance can blur the lines between legitimate work and exploitation, making children vulnerable to trafficking under the guise of employment or apprenticeship. Where sending children away for work is a norm, traffickers exploit this cultural belief, promising parents that their children will receive education or better opportunities elsewhere, only to subject them to exploitation.

    In terms of challenges, they are numerous, but I would highlight a few:

    • Child trafficking is a largely hidden crime, with victims often kept out of public view and silenced through fear, manipulation, or coercion. This makes identification and rescue difficult.

    • The laws in Nigeria regarding minimum age for employment are inconsistent and this is something we must harmonise if you intend to tackle issues of child trafficking.The Child Rights Act of 2003 restricts children under the age of 18 from any work except light work for family members.

    Section 59(2) of the Labour Act provides that a person under 15 years of age shall not be employed or work in industrial undertakings. However, section 59(1) of the same Act, states that, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”.

    Section 277 of the Child Rights Act of 2003, provides that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character.”

    Section 23 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act of 2015 (as re-enacted) provides that any person who employs, requires, recruits, transports, harbours, receives or hires out a child under the age of 12 years as a domestic worker, commits an offence.

    Even where laws exist, enforcement can be inconsistent due to corruption and lack of resources.

    • Poverty is one of the primary drivers of child trafficking. Traffickers may coerce or trick desperate families into giving up their children with promises of education, work, or a better life, only for the children to end up exploited. Many times, communities lack viable economic alternatives, making them more susceptible to traffickers who offer financial incentives.

    • Limited resources for rehabilitation remain a major challenge. Even when rescued, child victims of trafficking often face inadequate support systems. Shelters, counseling, education, and vocational training programmes are frequently under-funded or poorly managed. NAPTIP operates 14 shelters across the country and partners with organisations that run homes and shelters for the rehabilitation of victims of trafficking. The agency tries to support victims as long as they need to be supported by providing psychosocial support, vocational, educational and employment empowerment.

    • The rise of digital technology has provided traffickers with new tools to exploit children. The internet is used to recruit, groom, and exploit victims, often across multiple platforms that are difficult to monitor.

    Addressing these challenges requires a multi-faceted whole of government and whole of society approach involving governments, NGOs, international organisations, and local communities.

    According to reports, no fewer than 25,000 trafficked Nigerian women and girls were trapped in Mali. What does the agency do to secure the return of these trafficked victims?

    Mali is not the only place where Nigerian women and girls are trapped, they are also trapped within the entire West African Corridor, Libya, and the Middle East. In 2023, NAPTIP rescued and received 2112. 1664 females and 448 males. Children made up 43.4 per cent of the total victims received in 2023 while 77.6 per cent of the total victims were females.

    Victims of forced labour outside Nigeria had the highest number of victims rescued in 2023, with 23.7 per cent of the total number of victims received. Foreign travel which promotes prostitution had 15.7 per cent. Exportation of persons for prostitution and sexual exploitation was 15.1 per cent. Nigerian victims of trafficking rescued in foreign countries were also returned home. 26.5 per cent of Nigerian returned were from Benin Republic, 25.3 per cent from Ghana and 17.0 per cent from Burkina Faso.

    Already, between January–May 2024, NAPTIP rescued and received 668 victims; 138 males (20.7 per cent) and 530 females (79.3 per cent). Nigerians returned were from Libya 44.8 per cent, Ghana 11.6 per cent and Chad 7.1. Other countries of rescue are Benin Republic, Burkina Faso, Mali, Cote d’Ivoire, Cameroun, Kingdom of Saudi Arabia and Iraq.

    Rescuing and repatriating victims of human trafficking is a complex process that requires careful coordination, sensitivity, and adherence to legal and humanitarian standards. NAPTIP receives complaints via several channels, call centre, Ireporter App, emails and social media channels. Once NAPTIP receives these complaints and conducts an initial investigation to assess the veracity of the complaint, the agency contacts the Ministry of Foreign Affairs and the National Intelligence Agency for rescue and repatriation assistance through the local law enforcement agencies in the transit or destination country and the Nigerian Mission in that country.

    Now, at the transit or destination country, once authorities identify a potential victim, they subject them to a screening process to confirm their status as a trafficking victim. This may involve interviews conducted by trained professionals who assess the person’s circumstances, vulnerabilities, and needs.

    Local law enforcement agencies usually conduct rescue operations, sometimes in collaboration with NGOs or international organisations like the International Organisation for Migration (IOM). These operations are carefully planned to minimise harm to the victims and ensure their safety and also arrest the trafficker for prosecution by the transit or destination country. Alternatively, the transit or destination country may choose to extradite or deport the traffickers to Nigeria for prosecution.

    Following a rescue, victims are often taken to a safe location where they receive immediate care. This may include medical treatment, psychological support, and provision of basic needs like food, clothing, and shelter.

    The repatriation process often involves the Nigerian embassy or consulate. They verify the victim’s nationality, issue travel documents, and coordinate with NAPTIP to receive these victims on arrival to Nigeria.

    Upon return, NAPTIP shelters may admit willing victims and offer them psychological counseling, medical and legal support, vocational training, education empowerment, and other forms of support like employment to help them rebuild their lives. Before reunification, family tracing is conducted to ensure that victims are reintegrated into a safe and supportive environment, thus avoiding re-traumatisation. The goal is not just to return victims to their country of origin but to ensure their long-term safety, recovery, and reintegration into society.

    How successful was the agency in chasing after traffickers and following the money trail?

    Well, over the years there has been an upward scale in the prosecution and convictions of human traffickers, as well as the investigation of thousands of offenders. In 2022, the agency secured 80 convictions, the highest in a single year since the inception of NAPTIP. The agency secured 66 convictions in 2023, the second-highest number, and from January-August 2024, 39 convictions have already been secured. Over 250 cases are being prosecuted before various courts of competent jurisdiction.

    As the agency investigates the crime of human trafficking, it also conducts financial investigations by following the money. This it does in collaboration with the Nigeria Financial Intelligence Unit (NFIU). Following the money is a crucial strategy in the investigation of human traffickers, as financial transactions often leave a trail that can expose the networks and operations of traffickers.

    Traffickers generate income through various illicit activities, including forced labour, sexual exploitation, and organ harvesting. Understanding the specific business model of the traffickers helps in identifying where and how the money flows. Mapping the financial network of human traffickers involves identifying all the entities involved in moving and laundering the money. Working closely with NFIU and banks allows NAPTIP investigators to Suspicious Activity Reports (SARs) which can reveal patterns indicative of trafficking-related activities.

    In addition, the agency can use legal mechanisms to freeze bank accounts, seize assets, and confiscate proceeds linked to trafficking. This not only disrupts the traffickers’ operations but also pressures them to cooperate with investigations. Given the global nature of human trafficking, international cooperation is essential. Mutual Legal Assistance Treaties (MLATs) allow for the sharing of financial data and evidence between countries, which is critical in tracking money that crosses borders.

    NAPTIP has achieved a few successes in tracing, freezing, and the forfeiture of illicit assets of human traffickers, but there is still more to be done. This can only be achieved by strengthening collaboration with organisations like Interpol to facilitate information sharing, conduct joint operations, and coordinate efforts to dismantle trafficking networks. Additionally, there is a need for enhanced engagement with NGOs and the Private Sector.

    Following the money in human trafficking investigations is a powerful tool that can dismantle trafficking networks, lead to the recovery of illicit profits, and ensure that traffickers face justice. By cutting off the financial lifeline of traffickers, we can disrupt their activities and protect vulnerable individuals from exploitation.

    Trafficking of Nigerians to the Arab region was said to have increased in the last decade. Where are victims usually trafficked to, and for what purpose?

    Yes, the trafficking of Nigerians to the Arab region has been on the rise because of a combination of socio-economic and socio-political factors, and organised criminal networks that exploit vulnerabilities. Also, in the last five years, the increase can be attributed to the COVID-19 Pandemic, which resulted in a sharp decrease in household incomes, forcing many families into poverty.

    Many Nigerians, particularly those from economically disadvantaged backgrounds, are lured by the promise of better job opportunities in the Arab region, which can be alluded to as one reason for the increase. Desperation for financial stability makes them easy targets for traffickers. The high demand for cheap domestic labour in many Arab countries, coupled with weak labour laws and limited rights for foreign workers, creates an environment where traffickers can thrive.

    Certain cultural beliefs and practices also play a role, where families might encourage or even arrange for migration without fully understanding the risks involved. Many victims end up being trafficked to the United Arab Emirates, Saudi Arabia, Lebanon, Egypt, Lebanon, Iraq, Qatar, Oman, and Bahrain, to mention a few. These are primary destinations where many trafficked individuals end up, often under conditions of forced labour or sexual exploitation. Of course, a lot of the victims are females. I have only encountered one case in 2022, where a 26-year-old man was trafficked to Bahrain for sexual exploitation.

    In terms of trends and patterns, there is a shift from traditional to digital recruitment. Increasingly, traffickers use social media and online platforms to recruit victims, making it harder for authorities to track.

    Traffickers frequently use countries like Libya and Egypt as transit points before moving victims to their final destinations in the Arab region. Women and girls are the most targeted, particularly for domestic servitude and sexual exploitation. There has also been an increase in the trafficking of young men for forced labour. Traffickers trap many victims in debt bondage, coercing them to work off the inflated debt they incurred during their journey. This ensures that the victims remain under the control of the traffickers for years.

    Are there gaps in human trafficking laws and policies that you think need to be addressed via amendments to aid the fight?

    I can easily say that Nigeria has one of the best anti-human trafficking laws on the prevention, suppression and punishment of human traffickers. Since the enactment of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act in 2003, lawmakers have amended and reenacted the Act in 2005 and 2015, respectively, as the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015. The Act created NAPTIP, an agency with the authority to investigate, prosecute, and provide protection, which is a unique feature not found in many countries. 

    There was an opportunity to amend it in 2023. Even though the National Assembly passed the amendment bill, the then President did not assent to it.

    Now, the Act provides for three broad categories of punishment that is:

    • Conviction and fine for grievous offences like sexual exploitation, forced prostitution, organ harvesting, buying and selling of human being, slavery, child pornography or use of children in brothels, procurement or recruitment of person for armed conflicts and forced labour.

    • Conviction without an option of fine applies to domestic servitude, and impersonation of a NAPTIP Officer.

    • Conviction or fine applies to obstruction of justice and tampering with evidence and witness.

    So, the parameters for sentencing are clear, and it is left to the judge to consider these parameters in sentencing. I understand that judges have the discretion, but they also need to consider the weight of the crime in sentencing. In adjudicating human trafficking cases, judges need to appreciate the dynamism in the means of proof and the nature of evidence needed to prove charges preferred against human traffickers, the dynamism of the testimonies of trafficked victims (minors and adults) and other extraneous factors that affect their testimonies.

    On August 1, 2024, I did my inaugural lecture. The topic of my lecture was “The Interplay Between Corruption and the Human Trafficking Epidemic: Implications and Solutions for Nigeria.” One of the many solutions I proposed was that The Trafficking in Persons Act be amended to include corruption related human trafficking issues. I proposed the inclusion of a new section or the amendment of section 34, which provides for tampering with evidence and witness may be amended.

    I recommended that Section 34 may also make it illegal “for a public official to use their office or position to impede investigation, prosecution or execution of a lawful order under the Act. The official shall be liable on conviction to imprisonment for a term not less than seven years and to a fine not less than N2,000,000 or both. I equally recommended a second option that an additional subsection may also be added to provide that “any government official who issues travel document or facilitates the issuance of same without following the prescribed procedures provided for by law or assists in any means so that the offender of trafficking in persons may not be arrested shall be held liable on conviction to imprisonment for a term not less than seven years and to a fine not less than N2,000,000 or both.

    In terms of policy, in 2019 the then Honorable Attorney General of the Federation and Minister of Justice issued the Trafficking In Persons (Control of Activities of Organizations and Centres) Regulation 2019 as a crucial measure to prevent and reduce human trafficking.  In essence, Regulation 2019 grants NAPTIP the authority to regulate, control, and issue clearance certificates to various entities, including travel agents, tour operators and intending travelers for educational excursion, recruitment of labor, sporting activities, cultural and music excursion or competitions and license to all organizations, shelters and homes offering services for rehabilitation of trafficked persons.

    The Honorable Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, recently approved the amendment of this Regulation to include, among other things, issuing clearance certificates to all labor recruitment companies or agents for the purpose of engaging and/or outsourcing domestic workers in Nigeria. This measure would curb the use of children as domestic works in homes.

    To enhance the fight against human trafficking, we must continue to strengthen the legal framework and policies, coupled with rigorous enforcement.

    Delays have continued to mar justice dispensation and delivery in Nigeria, encouraging impunity. What do you think the Judiciary and its administrators are not doing well or can do better?

    • The Administration of Criminal Justice Act, 2015 (ACJA) was enacted to promote speedy dispensation of justice. Some of the key reform areas that the Act introduced relate to the time limit it sets for carrying out investigations, arraignment, and prosecutions of offenders, abolition of lay prosecutors, introduced time frame for remand orders, plea bargaining, and day-to-day trial of criminal cases and adjournments.

    The Act further states that after taking the plea, the defendant can raise any objection before judgment, and the court will consider such an objection together with the substantive issues and make a ruling at the time of delivering judgment. What this means is that this provision has dealt with the incessant delays caused by the raising of many preliminary objections, unlike the old practice where ruling on a preliminary objection will be delivered immediately, or soon after the argument before the consideration of the main issues. By section 306 of the ACJA, an application for stay of proceedings regarding a criminal matter before the court shall not be entertained because stay of proceedings is used as a delay tactic.

      Furthermore, judges are often overwhelmed with cases because of a high judge-to-case ratio. This heavy workload leads to delays in hearings and judgments. To tackle this issue, it is necessary to increase the number of judges and courts in order to reduce the workload on individual judges.

    Many courts in Nigeria are under-resourced, with inadequate infrastructure, outdated technology, and insufficient staff. This results in slow case processing, lost files, and inefficiencies. There has to be more investments in modernising court infrastructure, including digital case filing systems, electronic records, and adequate staffing. This modernisation will help reduce manual errors, improve efficiency, and speed up case processing.

    Lawyers commonly exploited legal technicalities and procedural delays to prolong cases. Frequent adjournments, frivolous applications, and delays in serving court documents are major contributors to justice delays. Judge must stick to the ACJA and other court Practice Directions to limit unnecessary adjournments and encourage speedy trials. The court should impose stricter penalties on defence lawyers and prosecutors who make frivolous applications and abuse court processes.

    The underutilisation of Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration, leads to an over-reliance on the traditional court system. This adds to the backlog and delays in case resolution. The judiciary should continue to promote and integrate ADR into the judicial system to resolve cases outside the traditional court process. ADR can significantly reduce the caseload and ensure quicker resolution of disputes.

    To overcome delays in justice dispensation, the judiciary must focus on modernisation, efficiency, accountability, and capacity building. By addressing these critical areas, the judiciary can restore public confidence, reduce impunity, and ensure timely justice for all.

    What are your thoughts on the idea of limiting the appeals that get to the Supreme Court?

    In my immediate thoughts, I believe that the Supreme Court often faces an overwhelming number of cases, many of which involve appeals that do not necessarily raise novel or significant legal questions. By limiting appeals, the court can focus on cases with unique and broader legal implications.

    However, limiting appeals might restrict access to the highest level of judicial review for individuals who feel aggrieved by decisions of lower courts.

    This could lead to perceptions of miscarriage of justice, especially where significant errors are perceived to have occurred at the appellate level. While limiting appeals to the Supreme Court can enhance efficiency, it must be done with caution. It is important to put safeguards in place to ensure that access to justice is not unduly restricted and that the court can still address critical legal questions.

    Having been on top of the Human trafficking fight, what do you think can stem the tide of trafficking in persons in Nigeria?

    First, we need to keep addressing those social -economic and socio- political factors that push people to seek greener pastures. And this is the responsibility of everyone and not just the government, because we all have a stake in this country called Nigeria. Young people and their families need to remember that the grass is greener where you water it, and there is nothing like a free lunch. A free lunch is an illusion. If it is free then, you are obviously the product.

    Enhanced Victim Support Services that would support victims for as long as they need to be supported to avoid being re-trafficked is vital.

    Improved coordination between different law enforcement agencies in the fights against human trafficking.

    Public Awareness Campaigns that continue to target vulnerable populations, including rural communities and urban poor communities, to inform them about the risks and how to seek help.

    To address cross-border trafficking, it is crucial to enhance international cooperation by exchanging information, implementing good practices, and collaborating with other countries and law enforcement agencies.

    Community involvement in anti-trafficking efforts and fostering a culture of vigilance and reporting.

    We need technological solutions to track and combat trafficking networks. This includes monitoring online platforms where traffickers operate and using data analytics to identify trafficking patterns.

    Can you take us through your journey to law, academia, and law enforcement?

    My journey into law, academia, and eventually law enforcement is shaped by a passion for justice, an insatiable curiosity, and a deep desire to make a meaningful impact. My interest in law began early, driven by a sense of fairness and a keen interest in understanding the systems that govern society.

    I pursued a law degree with the determination to use legal tools to create positive change. After completing my law degree, I knew I wanted to go beyond just practicing law; I wanted to explore how law could be a vehicle for broader social justice. This led me to further my studies, obtaining a Master’s and eventually a Ph.D. in law.

    I earned my Bachelor of Law degree from the Faculty of Law, Ahmadu Bello University, Zaria and I was called to the Nigerian Bar in 2003. I hold a Master’s degree in Intercultural Human Rights Law from St. Thomas University School of Law, Miami, Florida, a doctorate in law from the University of Pittsburgh School of Law, Pennsylvania where I researched on corruption and good governance. In addition, I hold a Certificate in Public Leadership from the John F. Kennedy School of Government, Harvard University, Boston-Massachusetts.

    My career began after NYSC at The Human Rights Law Service and Olisa Agbakoba Legal in Lagos, where I led on women’s rights and justice sector reform issues between 2005 and 2006. I served as a Legal Associate at the New York City Administration of Children Services, Division of Legal Services, from 2007 to 2008. My research in anti-corruption efforts further took me to Transparency International USA in Washington, DC, where I served as a Legal Fellow in 2009.

    Upon returning to Nigeria in 2012, I joined the Nigerian Institute of Advanced Legal Studies where I progressively rose to the rank of a Professor of Law, attaining the peak of my academic and professional career. My work in academia is incredibly fulfilling. It has allowed me to delve deeper into legal research, policy analysis, and teaching. I find joy in mentoring young lawyers and engaging in scholarly debates that have real-world implications. 

    I have over 45 publications in reputable local and international journals; I written and co-authored books and have presented over 70 papers at various workshops, roundtables, seminars, and conferences within and outside Nigeria.

    In 2016, I was seconded to the Presidential Advisory Committee Against Corruption (PACAC), where I provided programmatic support for various initiatives, contributing to the development of several policies, manuals and documents; coordinating and facilitating several trainings and conferences targeted at enhancing the efficiency of criminal justice sector actors and systems; among other achievements.

    In November 2018, I was appointed Senior Special Assistant to Former President Muhammadu Buhari on Rule of Law, Office of the Vice President, where I provided advisories on anti-corruption, criminal justice sector reform, police reform, and sexual and gender-based violence issues. I undertook several projects that significantly contributed to policy formulation, strengthened institutional frameworks, and advanced the implementation of critical reforms in these areas. My work also included spearheading initiatives aimed at enhancing the efficiency and accountability of the justice system, as well as advocating for the rights and protection of vulnerable populations.

    In September 2021, I was appointed as the 7th Director-General of the National Agency for the Prohibition of Trafficking in Persons. The transition into law enforcement was a natural progression. It was an opportunity to apply my academic knowledge, policy experience, and legal expertise to address one of the most pressing issues of our time—human trafficking. In this role, I was able to lead the charge against traffickers, advocate for stronger legal frameworks, and work closely with national and international partners to protect and rehabilitate victims.

    To young lawyers, my advice is to remain curious, be courageous in your pursuits, always seek opportunities that align with your values and passions and surround yourself with people who see your value and remind you of it. Whether in the courtroom, the classroom, or in public service, the law is a powerful tool for change. Use it wisely and let your career reflect your commitment to justice and the greater good.

    What is your advice to women occupying positions of leadership?

    To every woman who occupies a position of leadership, my message is simple: Lead with authenticity, courage, and grace. Your journey to this point is a testament to your strength, resilience, and ability to overcome challenges that many may never fully understand. You are not just leading for yourself, but for the countless women who draw inspiration from you, and who one day hope to walk in your footsteps.

    In leadership, you will face moments that test your tenacity and character, but remember that you are where you are for a reason. Sometimes you would have to decide between a bad choice and no choice at all, trust your instincts, embrace your unique perspective, and do not shy away from making tough decisions.

    There will be times when you may feel the weight of expectations, but let that weight fuel your determination rather than cause you to doubt your worth. Surround yourself with allies who uplift and challenge you and are not afraid to tell you the truth.

    Lean into the incredible power of collaboration and partnership, and do not hesitate to mentor the next generation of female leaders. Your legacy will be measured not just by what you accomplish, but by the paths you pave for others to follow. I tell you, there is no greater legacy than to help someone else win.

    Above all, lead with compassion. A great woman shows her greatness by the way she treats others. The world needs leaders who can balance strength with empathy, vision with humility, and ambition with kindness. Stay true to your values, and never lose sight of the difference you are making. Be bold, be brave, and continue to shine with the grace of God.

    As Director General of NAPTIP, what will you consider as your achievements within the period of your leadership in the Agency and what do you think has contributed to such successes?

    As an agency, we have accomplished remarkable feats in just three short years. I credit this success to the unwavering dedication of the many men and women of NAPTIP who consistently turn the impossible into possible. These officers put their lives on the line daily so that we can all sleep more soundly at night. Human trafficking is one of the most lucrative global criminal enterprises, generating an estimated $150 billion annually. Combating these criminals is extremely perilous. My officers and I have received countless direct threats in connection with human trafficking cases, yet despite the dangers and risks, we have remained steadfast and undeterred.

    Some of our key achievements and many firsts are:

    o   190 human trafficking convictions from January 2022 to August 2024 representing 27.94%. of total convictions secured by NAPTIP in 21 years. Including for the first time the conviction of a law enforcement officer for human trafficking; 3 mutual legal assistance cases between Nigeria and Belgium, Spain and Italy and the extradition of a high-profile human trafficker to Italy.

    o   Ongoing prosecution of the first ever Trafficking in Persons for Organ Harvesting case in Nigeria between Federal Government of Nigeria versus Alliance Hospital Services.

    o   Increase in the rescue and rehabilitation of victims, surpassing previous records in 21 years

    o   Introduction of welcome packs for victims of human trafficking and sexual and gender-based violence.

    o   Expansion of NAPTIP Commands into 33 out of 36 States with the establishment of offices in Taraba, Kwara, Kebbi, Ogun, Jigawa, Zamfara, Ondo, Bauchi and 6 Liaison offices upgraded to State Commands that is Plateau, Yobe, Gombe, Rivers, Kaduna, Katsina.

    o   Improved donor support to NAPTIP through efficiency, effectiveness, transparency and accountability:

    a.       Secured 10 operational vehicles from donor partners within 2 years.

    b.      Development of the NAPTIP Ireporter App. Available on the Apple store and Google Play Store

    c.       Development of the NAPTIP Learning Management System- One stop shop for digital training for NAPTIP officers

    d.      Renovation of the NAPTIP Training Resource Center

    e.       Renovation of the male and female Detention Centre at the HQ

    f.        Renovation of NAPTIP shelters across the country

    o   Prioritized prevention through education amongst young people with the establishment of Anti-Human Trafficking and Violence Against Persons Vanguards in 154 across Nigeria from June 2022 to July 2024

    o   Introduction of regular mental health and trauma counselling sessions for officers to improve their productivity and overall wellness.

    o   Secured the increment and implementation of peculiar and rent allowance for NAPTIP officers by 25% and 50% respectively by the Federal Government.

    o   Employment of 4 victims of human trafficking in 2023.

    o   Conceptualization of the Survivors Co-Mentoring Series for victims of human trafficking and survivors of sexual and gender-based violence.

    o   Establishment of the NAPTIP Cybersecurity Response Team (N-CRT)

    o   Introduction of Conversation with NAPTIP, a digital forum live streamed via the Agency’s social media handles to converse with the public on the work of the Agency and to elicit feedback.

    o   Partnership with Meta and the launch of Amber Alert Nigeria on Facebook and Instagram aimed at assisting in locating abducted children by sending alerts to the news feeds of people in the targeted search areas of Nigeria.

    o   Disability Inclusion

    a.       Launch of the NAPTIP Disability Policy on July 27, 2023

    b.      Piloted the production of the Trafficking in Persons Act, the Violence Against Persons Prohibition Act and other IEC materials in braille for the visually impaired

    c.       Production of audio visuals IEC resources for the deaf and blind in collaboration

    d.      Employment of 5 Persons with Disability.

    What were the major challenges in the battle against child trafficking that NAPTIP under your leadership faced?

    Child trafficking is a complex issue involving various factors, such as poverty, lack of education, cultural beliefs and an organised crime network.Addressing these issues requires a comprehensive approach beyond law enforcement. Child trafficking involves the trafficking of any persons below 18 years of age for various forms of exploitation mostly for sexual and labour exploitation within and outside Nigeria. Traffickers force victims into servitude in homes, construction sites, and begging, while others exploit them sexually in brothels, hotels, and homes.

    Socio-economic and socio-political factors continue to exacerbate incidences of child trafficking across the country. For instance, poverty; unemployment; cultural beliefs; inordinate quest for quick wealth; greed, ignorance, corruption within various sectors’ task to ensure crimes like these do not take place; amongst others. There are cases of parents either directly trafficking their children or being complicit in facilitating the trafficking of their own children 

    On April 25, 2024, NAPTIP secured the conviction of a father, Solomon Terpase Chiana, who conspired with a Pius Aondoakaa to sell his eight-year-old son for exploitation or any other purpose. The court sentenced the two offenders, Solomon Terpase Chiana and Pius Aondoakaa, to five years’ imprisonment without the option of fine. There are so many cases like the case of this eight-year-old.

    In some communities, child labour is a cultural practice that is accepted as a means for children to contribute to the family. This cultural acceptance can blur the lines between legitimate work and exploitation, making children vulnerable to trafficking under the guise of employment or apprenticeship. Where sending children away for work is a norm, traffickers exploit this cultural belief, promising parents that their children will receive education or better opportunities elsewhere, only to subject them to exploitation.

    In terms of challenges, they are numerous, but I would highlight a few:

    • Child trafficking is a largely hidden crime, with victims often kept out of public view and silenced through fear, manipulation, or coercion. This makes identification and rescue difficult.

    • The laws in Nigeria regarding minimum age for employment are inconsistent and this is something we must harmonise if you intend to tackle issues of child trafficking.The Child Rights Act of 2003 restricts children under the age of 18 from any work except light work for family members.

    Section 59(2) of the Labour Act provides that a person under 15 years of age shall not be employed or work in industrial undertakings. However, section 59(1) of the same Act, states that, “no child under 12 shall be employed or work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character”.

    Section 277 of the Child Rights Act of 2003, provides that a child under 18 years shall not be “employed to work in any capacity except where he/she is employed by a member of his/her family to perform light work of an agricultural, horticultural or domestic character.”

    Section 23 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act of 2015 (as re-enacted) provides that any person who employs, requires, recruits, transports, harbours, receives or hires out a child under the age of 12 years as a domestic worker, commits an offence.

    Even where laws exist, enforcement can be inconsistent due to corruption and lack of resources.

    • Poverty is one of the primary drivers of child trafficking. Traffickers may coerce or trick desperate families into giving up their children with promises of education, work, or a better life, only for the children to end up exploited. Many times, communities lack viable economic alternatives, making them more susceptible to traffickers who offer financial incentives.

    • Limited resources for rehabilitation remain a major challenge. Even when rescued, child victims of trafficking often face inadequate support systems. Shelters, counseling, education, and vocational training programmes are frequently under-funded or poorly managed. NAPTIP operates 14 shelters across the country and partners with organisations that run homes and shelters for the rehabilitation of victims of trafficking. The agency tries to support victims as long as they need to be supported by providing psychosocial support, vocational, educational and employment empowerment.

    • The rise of digital technology has provided traffickers with new tools to exploit children. The internet is used to recruit, groom, and exploit victims, often across multiple platforms that are difficult to monitor.

    Addressing these challenges requires a multi-faceted whole of government and whole of society approach involving governments, NGOs, international organisations, and local communities.

    According to reports, no fewer than 25,000 trafficked Nigerian women and girls were trapped in Mali. What does the agency do to secure the return of these trafficked victims?

    Mali is not the only place where Nigerian women and girls are trapped, they are also trapped within the entire West African Corridor, Libya, and the Middle East. In 2023, NAPTIP rescued and received 2112. 1664 females and 448 males. Children made up 43.4 per cent of the total victims received in 2023 while 77.6 per cent of the total victims were females.

    Victims of forced labour outside Nigeria had the highest number of victims rescued in 2023, with 23.7 per cent of the total number of victims received. Foreign travel which promotes prostitution had 15.7 per cent. Exportation of persons for prostitution and sexual exploitation was 15.1 per cent. Nigerian victims of trafficking rescued in foreign countries were also returned home. 26.5 per cent of Nigerian returned were from Benin Republic, 25.3 per cent from Ghana and 17.0 per cent from Burkina Faso.

    Already, between January–May 2024, NAPTIP rescued and received 668 victims; 138 males (20.7 per cent) and 530 females (79.3 per cent). Nigerians returned were from Libya 44.8 per cent, Ghana 11.6 per cent and Chad 7.1. Other countries of rescue are Benin Republic, Burkina Faso, Mali, Cote d’Ivoire, Cameroun, Kingdom of Saudi Arabia and Iraq.

    Rescuing and repatriating victims of human trafficking is a complex process that requires careful coordination, sensitivity, and adherence to legal and humanitarian standards. NAPTIP receives complaints via several channels, call centre, Ireporter App, emails and social media channels. Once NAPTIP receives these complaints and conducts an initial investigation to assess the veracity of the complaint, the agency contacts the Ministry of Foreign Affairs and the National Intelligence Agency for rescue and repatriation assistance through the local law enforcement agencies in the transit or destination country and the Nigerian Mission in that country.

    Now, at the transit or destination country, once authorities identify a potential victim, they subject them to a screening process to confirm their status as a trafficking victim. This may involve interviews conducted by trained professionals who assess the person’s circumstances, vulnerabilities, and needs.

    Local law enforcement agencies usually conduct rescue operations, sometimes in collaboration with NGOs or international organisations like the International Organisation for Migration (IOM). These operations are carefully planned to minimise harm to the victims and ensure their safety and also arrest the trafficker for prosecution by the transit or destination country. Alternatively, the transit or destination country may choose to extradite or deport the traffickers to Nigeria for prosecution.

    Following a rescue, victims are often taken to a safe location where they receive immediate care. This may include medical treatment, psychological support, and provision of basic needs like food, clothing, and shelter.

    The repatriation process often involves the Nigerian embassy or consulate. They verify the victim’s nationality, issue travel documents, and coordinate with NAPTIP to receive these victims on arrival to Nigeria.

    Upon return, NAPTIP shelters may admit willing victims and offer them psychological counseling, medical and legal support, vocational training, education empowerment, and other forms of support like employment to help them rebuild their lives. Before reunification, family tracing is conducted to ensure that victims are reintegrated into a safe and supportive environment, thus avoiding re-traumatisation. The goal is not just to return victims to their country of origin but to ensure their long-term safety, recovery, and reintegration into society.

    How successful was the agency in chasing after traffickers and following the money trail?

    Well, over the years there has been an upward scale in the prosecution and convictions of human traffickers, as well as the investigation of thousands of offenders. In 2022, the agency secured 80 convictions, the highest in a single year since the inception of NAPTIP. The agency secured 66 convictions in 2023, the second-highest number, and from January-August 2024, 39 convictions have already been secured. Over 250 cases are being prosecuted before various courts of competent jurisdiction.

    As the agency investigates the crime of human trafficking, it also conducts financial investigations by following the money. This it does in collaboration with the Nigeria Financial Intelligence Unit (NFIU). Following the money is a crucial strategy in the investigation of human traffickers, as financial transactions often leave a trail that can expose the networks and operations of traffickers.

    Traffickers generate income through various illicit activities, including forced labour, sexual exploitation, and organ harvesting. Understanding the specific business model of the traffickers helps in identifying where and how the money flows. Mapping the financial network of human traffickers involves identifying all the entities involved in moving and laundering the money. Working closely with NFIU and banks allows NAPTIP investigators to Suspicious Activity Reports (SARs) which can reveal patterns indicative of trafficking-related activities.

    In addition, the agency can use legal mechanisms to freeze bank accounts, seize assets, and confiscate proceeds linked to trafficking. This not only disrupts the traffickers’ operations but also pressures them to cooperate with investigations. Given the global nature of human trafficking, international cooperation is essential. Mutual Legal Assistance Treaties (MLATs) allow for the sharing of financial data and evidence between countries, which is critical in tracking money that crosses borders.

    NAPTIP has achieved a few successes in tracing, freezing, and the forfeiture of illicit assets of human traffickers, but there is still more to be done. This can only be achieved by strengthening collaboration with organisations like Interpol to facilitate information sharing, conduct joint operations, and coordinate efforts to dismantle trafficking networks. Additionally, there is a need for enhanced engagement with NGOs and the Private Sector.

    Following the money in human trafficking investigations is a powerful tool that can dismantle trafficking networks, lead to the recovery of illicit profits, and ensure that traffickers face justice. By cutting off the financial lifeline of traffickers, we can disrupt their activities and protect vulnerable individuals from exploitation.

    Trafficking of Nigerians to the Arab region was said to have increased in the last decade. Where are victims usually trafficked to, and for what purpose?

    Yes, the trafficking of Nigerians to the Arab region has been on the rise because of a combination of socio-economic and socio-political factors, and organised criminal networks that exploit vulnerabilities. Also, in the last five years, the increase can be attributed to the COVID-19 Pandemic, which resulted in a sharp decrease in household incomes, forcing many families into poverty.

    Many Nigerians, particularly those from economically disadvantaged backgrounds, are lured by the promise of better job opportunities in the Arab region, which can be alluded to as one reason for the increase. Desperation for financial stability makes them easy targets for traffickers. The high demand for cheap domestic labour in many Arab countries, coupled with weak labour laws and limited rights for foreign workers, creates an environment where traffickers can thrive.

    Certain cultural beliefs and practices also play a role, where families might encourage or even arrange for migration without fully understanding the risks involved. Many victims end up being trafficked to the United Arab Emirates, Saudi Arabia, Lebanon, Egypt, Lebanon, Iraq, Qatar, Oman, and Bahrain, to mention a few. These are primary destinations where many trafficked individuals end up, often under conditions of forced labour or sexual exploitation. Of course, a lot of the victims are females. I have only encountered one case in 2022, where a 26-year-old man was trafficked to Bahrain for sexual exploitation.

    In terms of trends and patterns, there is a shift from traditional to digital recruitment. Increasingly, traffickers use social media and online platforms to recruit victims, making it harder for authorities to track.

    Traffickers frequently use countries like Libya and Egypt as transit points before moving victims to their final destinations in the Arab region. Women and girls are the most targeted, particularly for domestic servitude and sexual exploitation. There has also been an increase in the trafficking of young men for forced labour. Traffickers trap many victims in debt bondage, coercing them to work off the inflated debt they incurred during their journey. This ensures that the victims remain under the control of the traffickers for years.

    Are there gaps in human trafficking laws and policies that you think need to be addressed via amendments to aid the fight?

    I can easily say that Nigeria has one of the best anti-human trafficking laws on the prevention, suppression and punishment of human traffickers. Since the enactment of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act in 2003, lawmakers have amended and reenacted the Act in 2005 and 2015, respectively, as the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015. The Act created NAPTIP, an agency with the authority to investigate, prosecute, and provide protection, which is a unique feature not found in many countries. 

    There was an opportunity to amend it in 2023. Even though the National Assembly passed the amendment bill, the then President did not assent to it.

    Now, the Act provides for three broad categories of punishment that is:

    • Conviction and fine for grievous offences like sexual exploitation, forced prostitution, organ harvesting, buying and selling of human being, slavery, child pornography or use of children in brothels, procurement or recruitment of person for armed conflicts and forced labour.

    • Conviction without an option of fine applies to domestic servitude, and impersonation of a NAPTIP Officer.

    • Conviction or fine applies to obstruction of justice and tampering with evidence and witness.

    So, the parameters for sentencing are clear, and it is left to the judge to consider these parameters in sentencing. I understand that judges have the discretion, but they also need to consider the weight of the crime in sentencing. In adjudicating human trafficking cases, judges need to appreciate the dynamism in the means of proof and the nature of evidence needed to prove charges preferred against human traffickers, the dynamism of the testimonies of trafficked victims (minors and adults) and other extraneous factors that affect their testimonies.

    On August 1, 2024, I did my inaugural lecture. The topic of my lecture was “The Interplay Between Corruption and the Human Trafficking Epidemic: Implications and Solutions for Nigeria.” One of the many solutions I proposed was that The Trafficking in Persons Act be amended to include corruption related human trafficking issues. I proposed the inclusion of a new section or the amendment of section 34, which provides for tampering with evidence and witness may be amended.

    I recommended that Section 34 may also make it illegal “for a public official to use their office or position to impede investigation, prosecution or execution of a lawful order under the Act. The official shall be liable on conviction to imprisonment for a term not less than seven years and to a fine not less than N2,000,000 or both. I equally recommended a second option that an additional subsection may also be added to provide that “any government official who issues travel document or facilitates the issuance of same without following the prescribed procedures provided for by law or assists in any means so that the offender of trafficking in persons may not be arrested shall be held liable on conviction to imprisonment for a term not less than seven years and to a fine not less than N2,000,000 or both.

    In terms of policy, in 2019 the then Honorable Attorney General of the Federation and Minister of Justice issued the Trafficking In Persons (Control of Activities of Organizations and Centres) Regulation 2019 as a crucial measure to prevent and reduce human trafficking.  In essence, Regulation 2019 grants NAPTIP the authority to regulate, control, and issue clearance certificates to various entities, including travel agents, tour operators and intending travelers for educational excursion, recruitment of labor, sporting activities, cultural and music excursion or competitions and license to all organizations, shelters and homes offering services for rehabilitation of trafficked persons.

    The Honorable Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, recently approved the amendment of this Regulation to include, among other things, issuing clearance certificates to all labor recruitment companies or agents for the purpose of engaging and/or outsourcing domestic workers in Nigeria. This measure would curb the use of children as domestic works in homes.

    To enhance the fight against human trafficking, we must continue to strengthen the legal framework and policies, coupled with rigorous enforcement.

    Delays have continued to mar justice dispensation and delivery in Nigeria, encouraging impunity. What do you think the Judiciary and its administrators are not doing well or can do better?

    • The Administration of Criminal Justice Act, 2015 (ACJA) was enacted to promote speedy dispensation of justice. Some of the key reform areas that the Act introduced relate to the time limit it sets for carrying out investigations, arraignment, and prosecutions of offenders, abolition of lay prosecutors, introduced time frame for remand orders, plea bargaining, and day-to-day trial of criminal cases and adjournments.

    The Act further states that after taking the plea, the defendant can raise any objection before judgment, and the court will consider such an objection together with the substantive issues and make a ruling at the time of delivering judgment. What this means is that this provision has dealt with the incessant delays caused by the raising of many preliminary objections, unlike the old practice where ruling on a preliminary objection will be delivered immediately, or soon after the argument before the consideration of the main issues. By section 306 of the ACJA, an application for stay of proceedings regarding a criminal matter before the court shall not be entertained because stay of proceedings is used as a delay tactic.

      Furthermore, judges are often overwhelmed with cases because of a high judge-to-case ratio. This heavy workload leads to delays in hearings and judgments. To tackle this issue, it is necessary to increase the number of judges and courts in order to reduce the workload on individual judges.

    Many courts in Nigeria are under-resourced, with inadequate infrastructure, outdated technology, and insufficient staff. This results in slow case processing, lost files, and inefficiencies. There has to be more investments in modernising court infrastructure, including digital case filing systems, electronic records, and adequate staffing. This modernisation will help reduce manual errors, improve efficiency, and speed up case processing.

    Lawyers commonly exploited legal technicalities and procedural delays to prolong cases. Frequent adjournments, frivolous applications, and delays in serving court documents are major contributors to justice delays. Judge must stick to the ACJA and other court Practice Directions to limit unnecessary adjournments and encourage speedy trials. The court should impose stricter penalties on defence lawyers and prosecutors who make frivolous applications and abuse court processes.

    The underutilisation of Alternative Dispute Resolution (ADR) mechanisms, such as mediation and arbitration, leads to an over-reliance on the traditional court system. This adds to the backlog and delays in case resolution. The judiciary should continue to promote and integrate ADR into the judicial system to resolve cases outside the traditional court process. ADR can significantly reduce the caseload and ensure quicker resolution of disputes.

    To overcome delays in justice dispensation, the judiciary must focus on modernisation, efficiency, accountability, and capacity building. By addressing these critical areas, the judiciary can restore public confidence, reduce impunity, and ensure timely justice for all.

    What are your thoughts on the idea of limiting the appeals that get to the Supreme Court?

    In my immediate thoughts, I believe that the Supreme Court often faces an overwhelming number of cases, many of which involve appeals that do not necessarily raise novel or significant legal questions. By limiting appeals, the court can focus on cases with unique and broader legal implications.

    However, limiting appeals might restrict access to the highest level of judicial review for individuals who feel aggrieved by decisions of lower courts.

    This could lead to perceptions of miscarriage of justice, especially where significant errors are perceived to have occurred at the appellate level. While limiting appeals to the Supreme Court can enhance efficiency, it must be done with caution. It is important to put safeguards in place to ensure that access to justice is not unduly restricted and that the court can still address critical legal questions.

    Having been on top of the Human trafficking fight, what do you think can stem the tide of trafficking in persons in Nigeria?

    First, we need to keep addressing those social -economic and socio- political factors that push people to seek greener pastures. And this is the responsibility of everyone and not just the government, because we all have a stake in this country called Nigeria. Young people and their families need to remember that the grass is greener where you water it, and there is nothing like a free lunch. A free lunch is an illusion. If it is free then, you are obviously the product.

    Enhanced Victim Support Services that would support victims for as long as they need to be supported to avoid being re-trafficked is vital.

    Improved coordination between different law enforcement agencies in the fights against human trafficking.

    Public Awareness Campaigns that continue to target vulnerable populations, including rural communities and urban poor communities, to inform them about the risks and how to seek help.

    To address cross-border trafficking, it is crucial to enhance international cooperation by exchanging information, implementing good practices, and collaborating with other countries and law enforcement agencies.

    Community involvement in anti-trafficking efforts and fostering a culture of vigilance and reporting.

    We need technological solutions to track and combat trafficking networks. This includes monitoring online platforms where traffickers operate and using data analytics to identify trafficking patterns.

    Can you take us through your journey to law, academia, and law enforcement?

    My journey into law, academia, and eventually law enforcement is shaped by a passion for justice, an insatiable curiosity, and a deep desire to make a meaningful impact. My interest in law began early, driven by a sense of fairness and a keen interest in understanding the systems that govern society.

    I pursued a law degree with the determination to use legal tools to create positive change. After completing my law degree, I knew I wanted to go beyond just practicing law; I wanted to explore how law could be a vehicle for broader social justice. This led me to further my studies, obtaining a Master’s and eventually a Ph.D. in law.

    I earned my Bachelor of Law degree from the Faculty of Law, Ahmadu Bello University, Zaria and I was called to the Nigerian Bar in 2003. I hold a Master’s degree in Intercultural Human Rights Law from St. Thomas University School of Law, Miami, Florida, a doctorate in law from the University of Pittsburgh School of Law, Pennsylvania where I researched on corruption and good governance. In addition, I hold a Certificate in Public Leadership from the John F. Kennedy School of Government, Harvard University, Boston-Massachusetts.

    My career began after NYSC at The Human Rights Law Service and Olisa Agbakoba Legal in Lagos, where I led on women’s rights and justice sector reform issues between 2005 and 2006. I served as a Legal Associate at the New York City Administration of Children Services, Division of Legal Services, from 2007 to 2008. My research in anti-corruption efforts further took me to Transparency International USA in Washington, DC, where I served as a Legal Fellow in 2009.

    Upon returning to Nigeria in 2012, I joined the Nigerian Institute of Advanced Legal Studies where I progressively rose to the rank of a Professor of Law, attaining the peak of my academic and professional career. My work in academia is incredibly fulfilling. It has allowed me to delve deeper into legal research, policy analysis, and teaching. I find joy in mentoring young lawyers and engaging in scholarly debates that have real-world implications. 

    I have over 45 publications in reputable local and international journals; I written and co-authored books and have presented over 70 papers at various workshops, roundtables, seminars, and conferences within and outside Nigeria.

    In 2016, I was seconded to the Presidential Advisory Committee Against Corruption (PACAC), where I provided programmatic support for various initiatives, contributing to the development of several policies, manuals and documents; coordinating and facilitating several trainings and conferences targeted at enhancing the efficiency of criminal justice sector actors and systems; among other achievements.

    In November 2018, I was appointed Senior Special Assistant to Former President Muhammadu Buhari on Rule of Law, Office of the Vice President, where I provided advisories on anti-corruption, criminal justice sector reform, police reform, and sexual and gender-based violence issues. I undertook several projects that significantly contributed to policy formulation, strengthened institutional frameworks, and advanced the implementation of critical reforms in these areas. My work also included spearheading initiatives aimed at enhancing the efficiency and accountability of the justice system, as well as advocating for the rights and protection of vulnerable populations.

    Read Also: Police arrest woman for trafficking, rescue 16 children in Rivers

    In September 2021, I was appointed as the 7th Director-General of the National Agency for the Prohibition of Trafficking in Persons. The transition into law enforcement was a natural progression. It was an opportunity to apply my academic knowledge, policy experience, and legal expertise to address one of the most pressing issues of our time—human trafficking. In this role, I was able to lead the charge against traffickers, advocate for stronger legal frameworks, and work closely with national and international partners to protect and rehabilitate victims.

    To young lawyers, my advice is to remain curious, be courageous in your pursuits, always seek opportunities that align with your values and passions and surround yourself with people who see your value and remind you of it. Whether in the courtroom, the classroom, or in public service, the law is a powerful tool for change. Use it wisely and let your career reflect your commitment to justice and the greater good.

    What is your advice to women occupying positions of leadership?

    To every woman who occupies a position of leadership, my message is simple: Lead with authenticity, courage, and grace. Your journey to this point is a testament to your strength, resilience, and ability to overcome challenges that many may never fully understand. You are not just leading for yourself, but for the countless women who draw inspiration from you, and who one day hope to walk in your footsteps.

    In leadership, you will face moments that test your tenacity and character, but remember that you are where you are for a reason. Sometimes you would have to decide between a bad choice and no choice at all, trust your instincts, embrace your unique perspective, and do not shy away from making tough decisions.

    There will be times when you may feel the weight of expectations, but let that weight fuel your determination rather than cause you to doubt your worth. Surround yourself with allies who uplift and challenge you and are not afraid to tell you the truth.

    Lean into the incredible power of collaboration and partnership, and do not hesitate to mentor the next generation of female leaders. Your legacy will be measured not just by what you accomplish, but by the paths you pave for others to follow. I tell you, there is no greater legacy than to help someone else win.

    Above all, lead with compassion. A great woman shows her greatness by the way she treats others. The world needs leaders who can balance strength with empathy, vision with humility, and ambition with kindness. Stay true to your values, and never lose sight of the difference you are making. Be bold, be brave, and continue to shine with the grace of God.

    As Director General of NAPTIP, what will you consider as your achievements within the period of your leadership in the Agency and what do you think has contributed to such successes?

    As an agency, we have accomplished remarkable feats in just three short years. I credit this success to the unwavering dedication of the many men and women of NAPTIP who consistently turn the impossible into possible. These officers put their lives on the line daily so that we can all sleep more soundly at night. Human trafficking is one of the most lucrative global criminal enterprises, generating an estimated $150 billion annually. Combating these criminals is extremely perilous. My officers and I have received countless direct threats in connection with human trafficking cases, yet despite the dangers and risks, we have remained steadfast and undeterred.

    Some of our key achievements and many firsts are:

    o   190 human trafficking convictions from January 2022 to August 2024 representing 27.94%. of total convictions secured by NAPTIP in 21 years. Including for the first time the conviction of a law enforcement officer for human trafficking; 3 mutual legal assistance cases between Nigeria and Belgium, Spain and Italy and the extradition of a high-profile human trafficker to Italy.

    o   Ongoing prosecution of the first ever Trafficking in Persons for Organ Harvesting case in Nigeria between Federal Government of Nigeria versus Alliance Hospital Services.

    o   Increase in the rescue and rehabilitation of victims, surpassing previous records in 21 years

    o   Introduction of welcome packs for victims of human trafficking and sexual and gender-based violence.

    o   Expansion of NAPTIP Commands into 33 out of 36 States with the establishment of offices in Taraba, Kwara, Kebbi, Ogun, Jigawa, Zamfara, Ondo, Bauchi and 6 Liaison offices upgraded to State Commands that is Plateau, Yobe, Gombe, Rivers, Kaduna, Katsina.

    o   Improved donor support to NAPTIP through efficiency, effectiveness, transparency and accountability:

    a.       Secured 10 operational vehicles from donor partners within 2 years.

    b.      Development of the NAPTIP Ireporter App. Available on the Apple store and Google Play Store

    c.       Development of the NAPTIP Learning Management System- One stop shop for digital training for NAPTIP officers

    d.      Renovation of the NAPTIP Training Resource Center

    e.       Renovation of the male and female Detention Centre at the HQ

    f.        Renovation of NAPTIP shelters across the country

    o   Prioritized prevention through education amongst young people with the establishment of Anti-Human Trafficking and Violence Against Persons Vanguards in 154 across Nigeria from June 2022 to July 2024

    o   Introduction of regular mental health and trauma counselling sessions for officers to improve their productivity and overall wellness.

    o   Secured the increment and implementation of peculiar and rent allowance for NAPTIP officers by 25% and 50% respectively by the Federal Government.

    o   Employment of 4 victims of human trafficking in 2023.

    o   Conceptualization of the Survivors Co-Mentoring Series for victims of human trafficking and survivors of sexual and gender-based violence.

    o   Establishment of the NAPTIP Cybersecurity Response Team (N-CRT)

    o   Introduction of Conversation with NAPTIP, a digital forum live streamed via the Agency’s social media handles to converse with the public on the work of the Agency and to elicit feedback.

    o   Partnership with Meta and the launch of Amber Alert Nigeria on Facebook and Instagram aimed at assisting in locating abducted children by sending alerts to the news feeds of people in the targeted search areas of Nigeria.

    o   Disability Inclusion

    a.       Launch of the NAPTIP Disability Policy on July 27, 2023

    b.      Piloted the production of the Trafficking in Persons Act, the Violence Against Persons Prohibition Act and other IEC materials in braille for the visually impaired

    c.       Production of audio visuals IEC resources for the deaf and blind in collaboration

    d.      Employment of 5 Persons with Disability.

  • Afe Babalola Day: ‘Legal giant a deserving recipient’

    Afe Babalola Day: ‘Legal giant a deserving recipient’

    The International Law Association (ILA) has congratulated the Chancellor and Founder of Afe Babalola University, Ado Ekiti (ABUAD), Aare Afe Babalola (SAN) on the  proclamation of October 18 as Afe Babalola Day. 

    The Ewi of Ado Ekiti, Oba Adeyemo Adejugbe Aladesanmi III, by royal proclamation, had on August 23, 2024, directed that: “The Pride of Ado Ekiti, Aare Afe Babalola should be honoured and celebrated with pomp and pageantry on every 18th day of October with effect from 2024 and this shall henceforth be celebrated annually.” 

    By this royal gesture, Aare  Babalola, who is also the founding Patron of the ILA  and a distinguished member of the Bar of England and Wales, becomes  one of the handful of Nigerians ever to be so honoured.

    The President of the ILA, Nigeria, who is also a United Nations Independent Expert, Prof. Damilola Olawuyi, (SAN),  congratulated the foremost lawyer and a philanthropist and ranked by Times Higher Education Impact Rankings as number one in Nigeria for impact for three consecutive years: 2022, 2023 and 2024,  Prof Olawuyi’s commendation was contained in a letter of congratulations sent to Aare Afe Babalola.

    Read Also: Shut down tertiary institutions operating below standard, Afe Babalola urges govt

    According to Prof. Olawuyi,  “Aare Afe Babalola’s remarkable journey as a renowned advocate, farmer, philanthropist, educator, bridge builder, author and global citizen is an inspirational example of everything we strive to do as international lawyers: to advance global peace, to empower, and to give back to the poorest of the society.

    “His outstanding dedication to educational reform, relentless quest for justice, and exemplary devotion to lifting others through his matchless record of philanthropy make him a deserving recipient of such a rare and prestigious honour.

    “We are so proud of our Patron, and we earnestly look forward to organizing a World Press Conference on October 18 to celebrate the Afe Babalola Day.”

  • Lagos committed to advancing legal services, access to justice

    Lagos committed to advancing legal services, access to justice

    The Lagos State Government has said that it is committed to advancing state legal services and access to justice through a variety of strategic policies, law and initiatives.

    The state’s Attorney General and Commissioner for Justice, Lawal Pedro (SAN), stated this during a breakout session on Tuesday, of August 27, 2024, with the title: State Ministries of Justice in Focus: How are they Advancing State Legal Services, Access to Justice and the Rule of Law through Policies, Laws and Legal Services,

    Lagos State hosted the 64th NBA Annual General Conference, with the theme: Pressing Forward; A National Posture for Rebuilding Nigeria at the Tafawa Balewa Square (TBS), Onikan, Lagos.

    He spoke during a breakout session on Tuesday, 27th of August, 2024, Titled; State Ministries of Justice in Focus: How are they Advancing State Legal Services, Access to Justice and the Rule of Law through Policies, Laws and Legal Services.

    Lawal  Pedro said that the ministry provides legal services to indigent residents of Lagos through the Office of the Public Defender (OPD).

    “This initiative ensures that vulnerable and underprivileged individuals have access to legal representation and advice, regardless of their status in the state”, he said.

    Pedro mentioned that the Citizens Mediation Centre (CMC) offers alternative dispute resolution services to help resolve conflicts amicably without resorting to litigation. This service is crucial for reducing the burden on the courts and providing quick and effective resolution to disputes.

    Read Also: Lagos records 24,965 SGBV cases

    He further explained that the ministry had undertaken significant renovations and expansion of court facilities across the state. This includes the introduction of electronic filing systems, case management system and provision of modern courtroom technology to enhance the efficiency and effectiveness of the judiciary.

     He also stated that regular training programmes are conducted for judiciary officers, prosecutors, police and legal counsel in the ministry. The programmes focus on improving legal knowledge, keeping abreast of new laws and technologies while enhancing the overall competency of legal counsel in the state.

    “To uphold the rule of law, the ministry has been proactive in its anti-corruption drive, working closely with other agencies. These effects are aimed at promoting transparency, accountability and ethical conduct with the public service and beyond”, Pedro said.

    Speaking earlier at the Special “Lagos Day”, the AG said that the event was organised to showcase Lagos’ cultural heritage and innovative strides at one of Africa’s largest gatherings of legal professionals.

    “Lagos aims to showcase it’s progress and successes in areas such as infrastructure, digital transformations, healthcare, education and economic development. This provides an opportunity to demonstrate how the state is “Pressing Forward” in line with the conference theme”, he said.

    Pedro stated that by showcasing the state’s achievements, completed and ongoing projects, Lagos seeks to attract local and international investors as the conference has offered a platform to highlight opportunities in the state, fostering economic growth and development.

    “As the main host of this year’s NBA Conference, we must make it different by allowing people from all other states who have only been here for a few days to leave with a memorable taste of what it feels like to live in Lagos”, he said.

    Recall that the Justice Reform Summit was held earlier this year, bringing together key stakeholders from the legal sector to discuss and address critical issues related to economic growth, investment protection and security.

    The Attorney General pointed out that some of the reforms discussed would tackle certain issues and also ensure that cases do not last more than two years while landlord-tenant disputes will be resolved within three to six months.

    He alluded to future developments for Magistrates, which would be disclosed in a few months, further emphasising Lagos State’s commitment to providing its judicial officers with the necessary tools and facilities to perform their duties effectively.

    The Special “Lagos Day” at the NBA Annual General Conference was an overwhelming success, providing attendees with a diverse mix of culture, innovation and legal expertise, all infused with the lively energy of Lagos State, “The Home of Aquatic Splendor”.

  • NBA AGC: Strategies for rebuilding Nigeria, by legal giants, experts

    NBA AGC: Strategies for rebuilding Nigeria, by legal giants, experts

    Last week, thousands of lawyers gathered in Lagos for the Annual General Conference (AGC) of the Nigerian Bar Association (NBA). It ended with the swearing-in of Mazi Afam Osigwe (SAN) as the 32nd president, eight years after he served as General Secretary. ADEBISI ONANUGA and ANNE AGBI provide the highlights.

    The 64th edition of the Nigerian Bar Association (NBA) Annual General Conference lived up to its billing.

    The sessions were impactful as eminent personalities and legal luminaries engaged in vital discussions on topics around the theme: “Pressing Forward: A National Posture for Rebuilding Nigeria.”

    It began with an opening ceremony, with the Director-General of the World Trade Organisation (WTO), Ngozi Okonjo-Iweala, as the keynote speaker.

    She stressed the need for consistency in economic policies.

    Okonjo-Iweala noted that Nigeria is not where it should be and “has not progressed as it should have.

    “That is why, more than 60 years after independence, we are still discussing nation-building.”

    On the way forward, she said: “All major actors in the governance of our country should agree on some basic parameters for security, macroeconomic and social stability, and the enabling environment for future dynamism and growth of our country.

    “Once agreed, these parameters and policies should be institutionalised or enshrined in law or even be made part of our Constitution, not to be tampered with, except perhaps through a national referendum involving the entire country and society.

    “Maintaining good economic and social policies, that is, maintaining policy consistency, and adding more reforms on top of that will lead us along the path of good progress that we all desire.”

    President Bola Ahmed Tinubu reaffirmed his administration’s commitment to upholding the rule of law, adhering to the principles of separation of powers, and tolerating dissent within the bounds of the law.

    Speaking through Vice President Kashim Shettima, the President emphasised his administration’s dedication to these fundamental principles.

    “Let me reassure you all that this administration will continue to promote the rule of law, adherence to the principles of separation of powers and tolerance of dissent within the bounds of the law,” he declared.

    The breakout sessions

    One of the breakout sessions featured governors of Ondo, Rivers, Oyo and Jigawa states, who restated their commitment to state police.

    They agreed that the centralised policing structure has proven inadequate in the face of the complex and evolving security challenges

    The governors said the fear of abuse should not stop state police establishment as they believe safeguards can be put in place to address such concerns.

    Day Two of the conference started with the opening plenary.

    The keynote speaker, John Dramani Mahama, former president of Ghana, spoke on “the future of Africa amidst rising security, economic and political challenges.”

    He gave a brief history of how Ghana attained its independence in 1957.

    Read Also: Season Two of NBA Africa’s ‘Born and Bred’ original content series premieres on NBA App

    He stated that statistics have shown that most Ghanaians believe that the country would be better off under a military regime than a civilian.

    He said these statistics and sentiments might be similar to Nigeria, partly because they believe democratic governance has not served them well.

    He described the Ghana military rule in the 1960s as “The lost decades”, noting that in 1990, African countries began to go back to democracy.

    Mahama was of the view that no economy would grow through high import-dependence.

    He also believes Nigeria’s focus on the oil sector has harmed others such as agriculture.

    He implored lawyers to not just be a voice but be a channel driving change.

    He suggested that Pan-African Law firms should be established to function across African countries, thereby creating a safe legal ecosystem across Africa.

    Mahama said the task of rebuilding Africa requires the courage of an Owl, the carriage of a lion and the vision of an eagle.

    Tackling conflicting decisions

    One of the session themes was “Intersection of rule of law and human rights in Nigeria: unlocking opportunities for a democratic future.”

    President of the National Industrial Court of Nigeria, Justice Benedict Kanyip, emphasised the importance of the equitable maxim that where there is a wrong, there must be a remedy, and discussed the role of precedent in ensuring stability in law while allowing for necessary flexibility.

    He was of the view that conflicting decisions undermine the judiciary and the rule of law.

    A.U. Mustapha (SAN) argued that the judicial system is the cornerstone of justice in a nation, and conflicting decisions erode public confidence and threaten legal certainty.

    He cited examples of Supreme Court cases with contradictory outcomes and stressed that the court’s role is to interpret, not make law.

    Mustapha identified causes of conflicting decisions, including political interference, inadequate training, and lack of a centralised database.

    He recommended sanctions for those responsible for legal abuses and called for reforms like an automated case filing system and improved judicial training.

    D.C. Enwelum (SAN) noted that conflicting decisions have been an issue since the military era in Nigeria.

    He called for a rethink of the judicial system, emphasising that judgments should be fair and people-centred.

    Building a modern law firm

    “What will successful law firms look like in the future?” was the theme of one of the sessions featuring Richard Atkinson, Vice President of the Law Society of England and Wales, Peter Maynard and Adedayo Adedeji (SAN).

    Atkinson highlighted the critical role AI plays in the success of modern law firms, noting that firms that effectively integrate AI into their practice can significantly enhance the services they provide to clients.

    He acknowledged that while AI offers tremendous benefits, it also presents challenges, particularly in safeguarding client privacy and ensuring compliance with regulatory standards.

    He stressed that the ability to use AI effectively varies between small and large firms, and it is essential to consider safety, security, fairness, and accountability when adopting these technologies.

    Maynard reinforced the importance of AI and data analytics in the legal field, emphasising that tools like ChatGPT can improve the management of both billable and non-billable hours, ultimately boosting a law firm’s reputation.

    He also pointed out that successful law firms often focus on community well-being by offering pro bono services, which can be supported by leveraging technology.

    Drawing from his book, “Poverty, Justice and Rule of Law,” Maynard provided examples of how technology can contribute to a law firm’s growth.

    Adedeji underscored the significance of the lawyer-client relationship, emphasising that clients seek solutions to their problems.

    He identified key challenges facing law firms today, including changing client expectations, increased competition, and the rapid pace of technological advancement.

    Adedeji stressed that overcoming these challenges requires socialisation, collaboration among law firms, and, most importantly, the adoption of technology.

    He believes that without embracing technological tools, lawyers risk becoming obsolete in the evolving legal landscape.

    Ope Olugasa, CEO/MD of LawPavilion Business Solutions, led a practical session where he showcased the NBA digital stamp and seal powered by blockchain and integrated into Microsoft Word.

    He demonstrated the efficiency of AI with LawPavilion PrimsolGPT, an AI specifically trained on the nuances of Nigerian law to provide reliable legal answers.

    Conferees posed legal questions to be answered by the AI and to the amazement of all in attendance, the LawPavilion PrimsolGPT gave a highly detailed answer to the question asked with its generative AI complete with comprehensive relevant authorities and references.

    Olugasa stressed that AI is not here to replace lawyers but to make their work easier and more seamless.

    He pointed out that there is a need for due diligence by lawyers even while making use of AI.

    Globalisation and the legal profession

    Koyinsola Ajayi (SAN) said globalisation has enabled the integration of economic activities across borders.

    He noted that technological and intellectual innovation has been the driving force behind globalisation.

    He added that globalisation has reduced the cost of transportation and communication, thereby propelling profitable economic activity over large distances.

    According to him, the process of globalisation has impacted every sphere of life in modern society and legal services are no exception.

    “Globalisation carries with it some challenges. Many lawyers on the continent view it as a threat to their futures and try to ignore it or battle against it.

    “This is largely a result of the entrance of global firms into local legal spaces.”

    He cited Nigeria as an example, saying that the very idea of allowing global firms access to the Nigerian legal market has unsettled many practitioners, especially when most local firms do not have access to the global legal market. 

    Ajayi said the current reality is that economic globalisation is shaping the present and possibly the future of legal practice globally.

    Rise of AI

    One of the breakout sessions focused on the rise of artificial intelligence in the practice of law.

    Among the panellists were Justice Kashim Zannah (Chief Judge of Borno State) and Akintunde Agunbiade.

    Justice Zannah explained how they have used the Nigeria Case Management System (NCMS) to get data which they feed the A.I to train it to be able to draft accurate judgments for judges.

    He emphasised that AI is as good as the data it is trained on and opined that human oversight is needed for AI at this level.

    He called on all legal practitioners to embrace AI and be willing to feed the system with data as a lot of data is still needed.

    He encouraged states that have not started NCMS to start and asked the lawyers in such states to mount pressure on their Chief Judge if need be.

    How career women can thrive

    One of the sessions featured Nigeria’s leading female bank Managing Directors Yetunde Oni (Union Bank), Kafilat Araoye (Lotus Bank), and Bokola Smith (FSDHA Merchant Bank).

    It was moderated by Oyinkansola Badejo-Okusanya. The topic was: “The glass is shattered: insights from Nigeria’s female banking leaders on achieving career success and staying relevant.”

    The panellists said women who find themselves in top positions and thriving in their careers need the help of mentors and sponsors. 

    A sponsor, it was noted, is described as someone who speaks for you when you are not there.

    They also spoke on the importance of family, friendship, feedback and faith.

    The panel members suggested an extra one-month hybrid option after the three months of maternity leave.

    They also suggested the provision of crèche at the office by various organisations.

    The session ended by advising women to speak up more at work, be confident, and ensure they continue learning and improving.

    Making Nigeria an arbitration seat

    Among the speakers for the arbitration session was Folashade Alli (SAN).

    The panellists spoke on the need to promote arbitration in Nigeria.

    They advised that citizens should be more receptive to adopting Nigeria as the seat for the settlement of arbitral disputes as opposed to foreign jurisdictions.

    The benefits of adopting this include economic progression and development of the Nigerian legal system.

    Speakers identified various challenges facing arbitration in Nigeria and the possible reforms as well as key improvements.

    These include lack of support, structure and courts entertaining frivolous actions; lack of education, training and capacity building and lack of facilities/ inadequate facilities.

    On possible reforms, they recommended creating an arbitration database, building competence and ethics of the legal profession, adopting online documentation, filing and continuous professional development.

    They also recommended key improvements by the Arbitration and Mediation Act of 2023, such as the adoption of international best practices; immunity for arbitrators, consolidation of parties/cases and independence from court interference via stay of proceedings.

    My agenda, by Osigwe

    The week ended with the swearing-in of the new president Mazi Afam Osigwe (SAN), who succeeded Yakubu Maikyau (SAN).

    Along with his exco, he promised to lead a proactive bar that “diligently identifies and addresses potential challenges.”

    He promised that under his stewardship, the Bar would uphold vigilance, responsiveness, responsibility, constructive engagement and be forward-thinking.

    He said: “Legal practitioners occupy a unique position in society, one that enables us to effect positive changes in society and to uphold the principles of justice, equity, and fairness.”

    Osigwe said he would ensure that the law serves all Nigerians, irrespective of their background, status or affiliation.

    He said the NBA would ensure that the rule of law is complied with and that it serves all irrespective of status.

    Osigwe decried the loss of confidence in the judiciary and announced a plan to review appellate court judgments towards upholding the rule of law.

    The new president said his focus areas include improving legal education, enforcing rules of the profession, protecting legal businesses, a monthly inspection of police stations and other detention facilities, establishing an NBA national litigation committee, monitoring local governments, continuing professional development, justice sector reform, quarterly review of appellate court decisions, NBA constitution amendment and addressing stamp and seal hiccups.

    Osigwe said: “We must ensure that the law serves all Nigerians, irrespective of their background, status or affiliation.”

    He promised to ensure that policies and programmes meet the yearnings and aspirations of Nigerians on good governance, transparency in financial expenditure, reduction in the cost of governance and ensuring that the “welfare of our people is given topmost priority.”

    Osigwe announced the composition of several committees to deliver his agenda, one of which will review appellate court decisions quarterly.

    He said the committee will present “well-researched commentaries on such cases that nudge the courts towards a more coherent and consistent adjudication that promotes the rule of law and democratic freedoms”.

    According to him, the quality of judicial decisions, especially from the appellate courts, was a major reason for the high level of public mistrust of the judiciary.

    “The Adjudicature Review Committee (ARC) will publish quarterly reports that will review one or more high-impact decisions of the Supreme Court or the Court of Appeal and propose strategic insights that will guide further developments or refinements of the major themes of economic, social and political development.

    “The committee will produce quarterly a judicial reform report that would outline various interventions by the leadership of the Bar, to drive the reform of the legal profession in order to position it as the champion of democracy and good governance in Nigeria.

    “The reports will be a review of the legal profession for the preceding six months or past years and a proposal of actions to strengthen the practice of the profession in order to advance the rule of law and democracy,” Osigwe said.

    On local government monitoring, the NBA President said the association would ensure that the Supreme Court judgment is complied with.

    “As the watchdog of the society and in living up to the motto of our noble association, to wit: the defence and promotion of the rule of law, the NBA under my leadership, shall set up a local government monitoring committee, to monitor and ensure strict compliance with the judgment of the Supreme Court by the relevant tiers of government, with the ultimate goals of enhancing good governance, deepening constitutional democracy and above all, to promote the rule of law in our country

    “The NBA with branches spread across the 36 states of the federation and the FCT is best positioned to monitor the 774 local government councils in Nigeria, with respect to not only their full compliance with the judgment of the Supreme Court but also their delivery of dividends of democracy to our people at the grassroots level all over the country,” he said.

  • Lagos records 24,965 SGBV cases

    Lagos records 24,965 SGBV cases

    • Awareness month begins
    • By Eunice Ainetor

    The Lagos State Domestic and Sexual Violence Agency (DSVA) has recorded  24,965 cases bordering on domestic and sexual violence from 2019 to July 2024.

     Executive Secretary, Mrs Titilola Vivour-Adeniyi, said the agency secured over 50 judgments for victims since 2023.

     She, along with the Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), represented by the acting Solicitor-General and Permanent Secretary, Ministry of Justice, Hameed Oyenuga, briefed reporters ahead of the month of awareness against gender based violence. It began yesterday.

    As part of the activities,  Alausa Secretariat will be turned purple during which all workers are expected to wear the colour. It follows a directive from the Head of Service (HoS), Mr Bode Agoro.

    Mrs Vivour-Adeniyi said over two million Lagosians had been reached via the agency’s various engagement and outreach programmes directly and via the social media.

    She urged Lagosians, NGOs and all stakeholders to join the agency as it propagates the SGBV message across the state throughout tSeptember. 

    Mrs Vivour-Adeniyi restated the agency’s commitment to ensuring that survivors have access to comprehensive care and support, including medical, legal, psychosocial, and empowerment services, as well as rescue operations and access to justice.

    She said the agency’s efforts, driven by collaboration with government departments, partner organisations, gender experts, law enforcement, NGOs, mental health professionals, social services, healthcare providers, and the legal system, continued to play a crucial role in addressing and reducing the incidence of domestic and sexual violence in Lagos State.

     “The Lagos State government remains resolute in its mission to protect vulnerable populations and provide a safe environment for all residents,” she said.

    Oyenuga  said the 2024 awareness month has the theme: “SGBV? Not On My Watch!” and will include a sensitisation walk on September 2 and 4  across the state, symposium,  Men Wey Sabi, campus activation.

    “The theme of this year is based on the compelling need to ensure that Lagosians realise that ending the menace of Sexual and Gender Based Violence is indeed a collective effort, which requires the support and collaboration of all members of society. We therefore intend to engage all demographics including men, women and children,” Oyenuga said.

    Read Also: Healthcare workers undergo training on handling SGBV cases

    He lamented that there have been several incidents recorded in Ajeromi local government hence the need to engage residents, inform them on relevant reporting channels and to reiterate the state government’s zero tolerance for all forms of SGBV in that area.

    He said one of the ways this would be achieved is through a programme tagged “ Eko Men Walk against SGBV” slated for  September 9, whilst another  awareness walk will take off from Ile-Zik along Dopemu expressway/the local airport area to Ipodo market , computer village and within the Ikeja local government.

  • Law firm writes airline over flight cancellations

    Law firm writes airline over flight cancellations

    A law firm, Sovereignty Legal Practitioners, has threatened to file a class action against British Airways over alleged frequent flight cancellations.

    In a pre-action letter to the airline dated August 30, 2024 and signed by its Principal Partner, Ife Ajayi, the law firm decried the persistent disruption of scheduled flights to Nigeria.

    The firm demanded compensation for the passengers’ poor treatment and said it would sue if the airline failed to do so.

    “In the circumstance, we also demand adequate monetary compensation and damages for our clients for the untold hardship they have been subjected to, due to several delays and cancellation of flights.

    “If these steps are not taken, we shall file a class action against you on behalf of our clients,” he wrote.

    The letter was addressed to the Customer Relations Department of the airline in London and copied to the Ministry of Aviation, Ministry of Foreign Affairs, Attorney-General of the Federation, Secretary to the Government of the Federation, Chairman of National Assembly, British Embassy, Nigeria Civil Aviation Authority (NCAA) and the Federal Airport Authority of Nigeria (FAAN).

    The firm noted that hundreds of Nigerian passengers have experienced untold hardship following frequent delays and cancellations of their flights.

    Read Also: Flight cancellations, bird strikes likely as harmattan begins -NiMet

    It recalled an August 29, 2024 incident at Heathrow Airport where Nigerians on an Abuja-bound British Airways flight disembarked after three hours of check-in.

    “Surprisingly, Nigerian routes are the most expensive compared to other international routes, yet our clients are being maltreated and disrespected repeatedly.

    “Such a discrepancy in service quality is unacceptable and sends a troubling message to our clients, that their safety and comfort are not as valuable to your airline as those of passengers from other countries.

    “As a globally recognised airline, you should uphold the highest standards of safety and service for all your passengers, regardless of their origin or destination.

    “We, therefore, urge you to take immediate action to rectify this situation.

    “You must either commit to deploying better, fully functional aircraft on your Nigerian routes or consider discontinuing services to Nigeria if you cannot ensure the safety and comfort of your passengers.

    “It is crucial for you to respect all your customers equally and not compromise the integrity of your operations for any reason.”

    British Airways had apologised to passengers for the flight disruption.

    Regional Commercial Manager, Nigeria and Ghana, Mrs. Tutu Otuyalo, said: “We would never operate a flight unless it is safe to do so. We have been in contact with our customers to apologise for the delay in their flight caused by a technical issue with the aircraft.”

    The NCAA has launched a probe.

  • Lawyer: I felt empty before discovering my spiritual gifts

    Lawyer: I felt empty before discovering my spiritual gifts

    A lawyer, Godwin Daramola, has said he was successful in his practice but felt empty until he discovered his spiritual calling.

    After feeling unfulfilled in his legal career, he took a leap of faith and founded Spirit Nature Prophet, a platform offering spiritual guidance, healing, and teachings.

    He will be leveraging his business acumen and spiritual gifts to help others achieve success and wellness.

    “I was making a good living as a lawyer, but I felt empty inside. I knew I had a greater purpose.

    “When I discovered my spiritual gifts, I knew I had to share them with others,” he said.

    With his unique approach, Daramola combines practicality with spirituality, empowering individuals to take action towards their goals.

    His gift of spiritual vision allows him to provide detailed guidance and personalised advice.

    Daramola’s platform has garnered attention for its results-oriented approach, with clients testifying to miraculous healings and achievements.

    Read Also: Lawyer arraigned for ‘forging’ Will

    He has also authored teachings on manifesting desired outcomes through affirmations and healthy lifestyle choices. Through self-teaching and practice, Daramola developed his spiritual abilities, including astral travel and prophetic dreams.

    He said: “I believe anyone can do the same with discipline and training.

    “I don’t just tell people to wait for miracles to happen. I teach them to take action and make their own success happen.

    “I receive answers in picture form or through spiritual appearance in their location or time travel. In some cases, I bilocate to their houses.

    “I’ve seen cancers, HIV, and various diseases cured, blind eyes opened, the lame walk, and the dead raised back to life. Nothing is impossible to him that believes.”

    Daramola’s journey serves as a testament to the power of following one’s intuition and passion, inspiring others to embrace their true calling and pursue a path of purpose and fulfilment.

    “I’m living proof that when you follow your heart, you can achieve greatness,” he added.

  • Examining NUPRC’S powers to reject an asset sale

    Examining NUPRC’S powers to reject an asset sale

    • Mobolaji Oriola

    On August 26, 2024, several media outlets reported that the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) had rejected Shell’s $1.3 billion onshore asset sale to Renaissance.

    Renaissance is a consortium consisting of ND Western Ltd, Aradel Holdings Plc, the Petrolin Group, First Exploration and Development Company Limited, and the Waltersmith Group. Some reports have suggested that the transaction was not an asset sale but rather a transfer of shares. This article will not delve into the specifics of the Shell-NUPRC-Renaissance situation, but will instead focus on examining the NUPRC’s authority to reject an asset sale.

    NUPRC plays a crucial role in the regulation of the oil and gas sector, which includes overseeing the transfer of assets within the industry.

    The Petroleum Industry Act (PIA) 2021, provided for the establishment of NUPRC, as it endows the Commission with significant powers to approve or reject asset sales, a function that is central to maintaining the integrity and strategic direction of Nigeria’s petroleum sector.

    The PIA empowers the NUPRC to evaluate certain factors rigorously, giving the Commission the ability to reject transactions that do not meet the stringent criteria set out in the legislation, as its mandate is to ensure that all sales or transfers of petroleum assets are in alignment with Nigeria’s broader national interests.

    This includes considerations of energy security, maximising revenue, and ensuring that the country retains control over its strategic resources.

    It is also important to emphasise the PIA’s requirement for ministerial consent in asset sales as this oversight promotes transparency, prevents unregulated asset transfers, and ensures acquiring entities are capable of safeguarding the sector’s integrity and economic stability.

    Section 95(5) of the PIA provides: “Notwithstanding the provisions of subsection (1), a holder of a license or lease may by way of security, wholly or partly assign, pledge, mortgage, charge or hypothecate its interest under the applicable license, lease or grant a security interest in respect of the interest, provided that the consent of the Commission shall be obtained.”

    However, Section 95(1) of the PIA also extends the powers to the Minister of Petroleum Resources as it provides that “a holder of a petroleum prospecting license or petroleum mining lease shall not assign, novate or transfer his license or lease or any right, power or interest, or a shareholder of an incorporated joint venture shall not sell or transfer its shares without prior written consent of the Minister”.

    Certain conditions must be met to receive ministerial consent for the transaction discussed herein.

    Section 95(11) provides: “The minister may grant consent to an assignment, novation or transfer of a petroleum prospecting license or petroleum mining lease, subject to the following terms and conditions which the Commission may consider appropriate, that the proposed transferee

    a. is a company incorporated in Nigeria

    b. is of good reputation

    c. has sufficient technical knowledge, experience and financial resources to enable it effectively carry out all responsibilities of a licensee or lessee under the license or lease

    d. shall comply with the Federal Competition and Consumer Protection Act.”

    It is also of considerable importance to consider the provisions of Section 95(12) as it relates to fees.

    It provides: “The Commission shall make regulation to prescribe for payment of fees as a condition for any transaction under Subsection (1), which fee shall be based on a percentage of the value of the transaction and shall not be tax deductible.”

    Consequent upon the above and where an application for consent has been rejected or denied, Section 95(10) provides: “Where the application for an assignment or a transfer of a petroleum prospecting license or petroleum mining lease is refused, the Commission shall inform the applicant of the reasons for the refusal and may give reasonable time within which further representations may be made by the applicant or by third parties in respect of the application”.

    This ensures that the applicant is informed and also given the opportunity to address concerns that may have led to the refusal of the Commission to consent to such a transaction.

    Read Also: NUPRC, INFOSYS tinkers collaboration on dititisation, automation of regulatory processes

    There is the need to then understand what constitutes a transfer or change of control that may require the application of Section 95(1) and Section 95(5) as elucidated above.

    Section 95(14) provides: “For the purpose of this section, ‘change of control’ means any person or persons acting jointly or in concert, to acquire direct or indirect beneficial ownership of a percentage of the voting power of the outstanding voting securities of the holder, by contract or otherwise, that exceeds 50 per cent at any time.”

    On the nuances and dialects of the distinction between a transfer of interest in an asset or transfer of shares, Section 95(4) addresses same as it states that: “A licensee or lessee wishing to assign, novate or otherwise transfer its interest, or a shareholder of an incorporated joint venture wishing to sell or transfer its shares under the subsection (1), shall make an application for approval of the transfer to the Commission in the format prescribed by the Commission, and be accompanied with any other information that may be pursuant to any regulations published by the Commission.”

    In conclusion, the PIA grants the NUPRC powers to stipulate the format and regulations for a licensee or lessee to follow before giving its consent.

    However, the buck doesn’t stop at the NUPRC’s desk. There is a need to seek consent from the Minister of Petroleum Resources upon the recommendation of the Commission as contained under the provisions of Section 95(2).

    Furthermore, there is the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interest in Oil and Gas Assets, 2021 which further stipulates the procedure for seeking Ministerial consent for such transfer.

    • Oriola is a Partner at the law firm of ALLEN & BROOKS in Victoria Island, Lagos where he heads the Energy and the Banking & Finance practice groups.  He can be reached at info@allenandbrooks.com