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  • I never planned to be a judge, says Ariwoola

    I never planned to be a judge, says Ariwoola

    On August 22, Olukayode Tajudeen Ariwoola retired as the 22nd Chief Justice of Nigeria (CJN). During a valedictory court section organised in his honour, he told the story of his life, highlighting key milestones. He also suggested ways to enhance justice delivery. Assistant Editor ERIC IKHILAE was there.

    The beginning

    In the ancient Yoruba kingdom, in fact, in most parts of Africa, before literacy was introduced, one way of marking a significant date was to tie it with a momentous event that occurred around the same time. I was born the same year the Lyttleton Constitution of 1954 was promulgated. It was that Constitution that established the Federal Supreme Court of Nigeria — the same institution which has pleased Almighty Allah for me to head. The Supreme Court is, therefore, more than a Court to me. The Supreme Court is my ‘birth mate.’ The court is 70 years old this year, the same as my humble self. I was, therefore, born in the year of the Supreme Court. What I am not certain of is whether when I was born in Iseyin (Oyo State), my parents – Alhaji Shittu Ariwoola (Mako Allah, Baba Elepo L’ Ebedi) and my mother, Alhaja Misitura Ayoade Ariwoola (Iya Alaso) – ever knew that their new-born baby would have anything to do with the important Court that was established in Lagos that year. Therefore, I look back today with a heart full of gratitude. As an elementary pupil in Local Authority Demonstration School, Oluwole, Iseyin, headed by Chief (Mrs.) Oke, one regular assignment we were usually given in English Language lessons was to be asked to write about ‘A Day You Will Never Forget in Your Life.’ If I were to be given the same assignment today, today, 22nd August 2024, would certainly be the winner.

    My early days at school

    Today is the culmination of an academic and professional career that started, as I have mentioned earlier, at LA Demonstration School in 1960 – the year Nigeria gained independence.  That was the school where my educational foundation was laid. It was in that school that I learnt one of the most important lessons of my life – the habit of punctuality. As fate would have it, in all the three institutions I attended prior to the university, I was appointed or elected the Time-Keeper or the Bell Prefect.

    How I came about the walking stick

    Punctuality was, however, not the only thing I took away from my elementary school. Today, I will reveal the secret of my walking stick to you, which is another manifestation of the grace of God in my life. It was in primary school that I learnt to ride a bicycle. One day, during the Sallah festival, I was asked to deliver meat to a family. I rode a bicycle for the errand. I had delivered the message and was on my way back home when I had an accident on the bike. Like a stone shot from a catapult, I flew off the bicycle and landed on the ground. For many months, I was hospitalised at Baptist Hospital in Saki on account of a broken femur. The white doctors, at a point, even considered amputation of the leg. To the glory of God, I walked out of the hospital on my two legs, though on crutches. Notwithstanding that I was in hospital for months, I did not miss any academic sessions. I went to write my examination from the hospital bed. I graduated with my classmates.  However, the pain in my leg came back in 1970 when I was already in Ansar Ud Deen High School, Saki. I was soon back in the same Baptist Hospital where Dr. Fatula – an Ekiti man – performed the miracle that healed the leg.

    Why I studied Law

    As it happened, my father had a lawyer who was representing him in a litigation he was involved with. The lawyer was dashing, smart, and brilliant. Mr. Stephen Laoye Popoola of counsel was always smartly dressed, and his spoken English was impeccable. He had this infectious confidence around him. Instantly, I knew I wanted to be like him. When I was in Form II, my father asked me what I wanted to study at the university, my answer was straightforward – Law. The journey to study Law was, however, not that straightforward. There was a detour to Obokun Advanced Studies Centre, Ilesa, where I spent two years preparing for my HSC (Higher School Certificate) before finally getting to my destination – the University of Ife (now Obafemi Awolowo University), Ile-Ife, Osun State.

    My days at the University of Ife

    At Ife, I was trained by a world-class Faculty, including the renowned Prof. David Ijalaye – the first Professor Emeritus in Law; Prof. Itse Sagay, Prof. Gabriel Olawoyin, and Prof. Oretuyi, amongst others. My LL.B Degree was not the only thing I left the University of Ife with. In Ife, I was blessed to make lifelong friends with great individuals who have all reached the pinnacle of their careers. These worthy classmates and friends include Chief Felix Fagbohungbe, Pastor Femi Atoyebi, Chief Babajide Koku, and Chief Mike Ozekhome, all of whom are Senior Advocates of Nigeria. The late Chief Bisi Egbeyemi, the former Deputy Governor of Ekiti State, was also in my class, as well as Prince S. K. Lawal, and the late Blessing Avwenaghagha, who prosecuted the notorious armed robber, Lawrence Anini.

    My Law School experience

    The Nigeria Law School was another veritable platform for me to make lifelong friends and colleagues from all over Nigeria. At this point, I must thank Allah for the Class of 1981 of the Nigerian Law School. The Class has indeed been blessed. Seven members of the class made it to the Supreme Court as Honourable Justices of the apex court. The Class has produced two Chief Justices of Nigeria, and in the next few hours, Insha Allah, the Class would have produced the third Chief Justice of Nigeria.

    Beginning of my Law career

    One thing I am fond of telling young lawyers is that they must not joke or play with their Youth Service year. It is the formative period when their foundation in the legal profession is laid.  In this regard, I am indebted to Chief Joseph K. Aderibigbe, the then Attorney-General of the Old Ondo State, and all the counsel in the Ondo State Ministry of Justice, Akure. They sharpened my legal teeth as a pupil State Counsel when I served in the Ministry as a Youth Corps member. I recall that I traversed the whole of Ondo State between 1981 and 1982, appearing in almost all the nine judicial divisions of the state at the time. Our seniors in the Ministry at the time included Senator Anthony Adeniyi (SAN) and Justice Bisi Omoleye, (JCA).

    I never planned to be a judge

    It was never in my career plan that I would ever sit on the Bench. That was never my plan. If it had been my plan, I would have stayed back as State Counsel in the Oyo State Ministry of Justice, and hoped to rise through the ranks to become the Solicitor-General and from there to the Bench.

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    My private practice years

    It was the need to make it in private practice that led to my resignation from the Ministry in 1988, to join the law firm of Ladosu Ladapo & Co. It was the same hunger to reach the peak of practice, as a Senior Advocate, that compelled me to set up my chambers, Olukayode Ariwoola & Co (Mako Allah Chambers) in Oyo town. Till tomorrow, many people still wonder why I decided to set up my chambers in Oyo town and not Ibadan, where I was already known. Oyo was, however, part of the grand design of Allah for me. It was from that provincial and ancient town that Allah raised my head. Some people believe that one can only make it in the legal profession if one practises in huge cities such as Lagos, Abuja, Ibadan, Onitsha, Kano or Port-Harcourt. The reality, however, is that wherever you find yourself, be diligent, be focused, be prayerful, and by God’s grace, the sky is the starting point.

    How I became a judge

    At the time I was nominated to the Bench, becoming a judge was the last thing on my mind. I was even, at my personal costs, moving around Ibadan, pleading with learned seniors to allow themselves to be nominated. Unknown to me, different interest groups had nominated me! I was nominated by the Ibadan Bar, where the late Arakunrin Oluwarotimi Akeredolu (SAN), was the chairman. I was nominated by a group of Honourable Judges before whom I have had the privilege of appearing. The State Governor (of Oyo State), His Excellency Chief Kolapo Ishola, also forwarded my name for consideration. I am eternally grateful to them all. With all these nominations raining down, one would have assumed that my appointment would be hitch-free. Not at all. It got to a point where the Chief Registrar, who was worried that my name was removed from the list, requested me to contact people who could be of influence to assist me. My response was, however, to the effect that: ‘He who prays and supplicates to God, must not supplicate to other beings. If God Almighty has an errand to send in the Judiciary, He would facilitate the appointment.’ I was number nine on the list of the nine names that were finally recommended to the Governor for approval. But there were only six vacancies. In other words, I was the last in order of recommendation. The first five were approved by the Governor. The number six was skipped. The number seven was skipped. The number eight was skipped. The executive red pen hovered above number nine and stopped. The number nine was approved as number six. Olukayode Ariwoola was the number nine, who became the number six. On 2nd November, 1992, I was sworn in as a judge of the High Court of Oyo State. Of the six of us sworn in together, I was the youngest in age and in post-qualification experience. Justice A. Adeniran and Justice L. O. Arasi were enrolled on 26th July, 1970. Justice J. O. Ige was enrolled on 17th July, 1972. Justice I. O. Olakanmi was called to the Bar on 26th June, 1973. Justice K. A. Jimoh was called to the Bar on 28th June, 1975. I was, therefore, naturally assigned to the last court in the Judiciary: Court 16. The dashing and brilliant lawyer, who had inspired me to study Law and who had since been elevated to the Bench as Hon. Justice Stephen Laoye Popoola had the fortune of welcoming me to the Bench — precisely 10 years after his own elevation in 1982.

    My elevation to Court of Appeal

    On 22nd November, 2005, I was elevated to the Court of Appeal. By virtue of this appointment, I became the first person from the entire Oke-Ogun to become an appellate Justice – a modest achievement for the whole community.  I was posted to the Kaduna Division of the Court of Appeal as my first station. On the first day, we sat in Kaduna, the three of us on the panel – Justice Abdulkadir Jega, Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, and my humble self – realised that we all belonged to the same 1981 Class of Law School. I thank their Lordships and our Presiding Justice, Hon. Justice Baba Alkali Ba’aba, who welcomed me to Kaduna and eased me into the workings of the Appellate Court. I have had cause to refer to the Court of Appeal Justices as ‘Nomadic Justices’ on account of our frequent postings. From Kaduna, I was posted to Enugu. Enugu was not a strange town to me. I had sat there as a member of the Election Petition Tribunal in 1999. Strangely, a week after the conclusion of our assignment in 1999, I learnt that our chambers was bombed by unknown arsonists. From Enugu, my appellate ship berthed in Lagos.

    My journey to the Supreme Court

    It was from the Lagos division (of the Court of Appeal) that I was nominated to the apex court alongside my Lords, Justice Sylvester Ngwuta and Justice Mary Peter-Odili. We were invited to the National Assembly for the constitutional screening. It was at the Senate that history sought to repeat itself when the distinguished parliamentarians decided to ‘adjourn’ my screening. The reason for the adjournment? I was informed that there was an outstanding petition against my nomination. What was I alleged to have done? I was told that I was a member of the Justice Salami-led panel that decided the case of Dr. Olukayode Fayemi v. Olusegun Adebayo Oni. I knew there was no substance to the petition if indeed there was a petition. A favourite proverb of my grandfather, Abdul Salami Ariwoola, was that: ‘he who does not spread cocoa out to dry does not fear rain at all.’ I knew I had no cocoa spread out to dry; therefore, I was not afraid of any rainfall.  Justices Ngwuta and Peter Odili were successfully screened and cleared. I rejoiced with them and congratulated them. They proceeded to the Supreme Court, and I proceeded to Lagos to continue my work at the Court of Appeal. Their two Lordships were both sworn in in June, 2011 as Justices of the Supreme Court. A couple of months later, I was invited back to the National Assembly. This time around, there was no mention of any petition. I was duly screened, and my appointment was confirmed. In the month of November 2011, I was sworn in as a Justice of the Supreme Court. All my three judicial appointments, from the trial court to the penultimate appellate court to the apex court, had taken place in November. I was appointed a judge of the High Court of Oyo State on 2nd November 1992. I was elevated to the Court of Appeal on 22nd November 2005. I was elevated to the Supreme Court on 22nd November 2011 – the anniversary of my elevation to the Court of Appeal. When I was elevated to the apex court, I was number 16. Incidentally, when I was appointed a judge of the High Court years earlier, I was number 16 in the Oyo State High Court.

    How I became CJN

    On 27th June 2022, I was sworn in as the acting Chief Justice of Nigeria, and I was conferred with the National Honour of the Grand Commander of the Order of Niger. Months later, I was sworn in as the substantive Chief Justice of Nigeria. Although the present Supreme Court was constituted in its present form in 1954 as I mentioned above, it was not lost on me that, counting from 1914 the year of amalgamation of the Northern and Southern Protectorates with the Colony of Lagos, I was the 22nd Chief Justice to hold sway in the Supreme Court.

    My days as the CJN

    I came to the office as the Chief Justice of Nigeria at a critical point in the history of both our nation and our judiciary. Our country was in the process of political transition, and our judiciary was in a state of turmoil. The tasks appeared daunting, and the challenges appeared insurmountable. However, with our faith in God and our trust in Him for guidance, our ship was able to successfully navigate the seemingly perilous waves and berthed safely at the harbour of peace. I must pay sincere and heartfelt tributes to my Brother Justices, whom I have been privileged to sit with here. They are true brothers in deed and in fact. It must be realised that a Chief Justice is not the boss or the employer of his brother Justices. He is not. He is only the first among equals.  A Chief Justice must, therefore, not see himself as the Emperor of the Supreme Court. The occupier must work with his colleagues with mutual respect in order to have a successful administration.

    Democratisation of administration

    One of the first things we did, on the assumption of office, was democratising the workings of the court. We created committees of the Justices. We had a Litigation Committee, an Administration Committee, a Welfare Committee, a Finance and Budget Committee, and other committees, all headed by a Justice of the court.  With this in place, I was able to focus on the duty of administering the court. Although this innovative system is not codified, it has been a successful experiment, and I hope other courts will consider it too.

    Promoting the right to fair hearing

    It is my conviction that the right to fair hearing enshrined in the Constitution of the Federal Republic of Nigeria could only be meaningful when litigants have enough judges and justices to hear their cases. Justice is not a scarce commodity to be queued for. Justice without delay is inherent, natural, and constitutional. In my view, it is antithetical to the concept of justice when litigants are made to wait for years in order to have their cases determined. As a Justice of the Supreme Court, it was always a sobering moment for me whenever an appeal was called to be heard, and a learned counsel stood up to inform us that the appellant or the respondent was late. In effect, the litigant had died without his appeal being determined one way or the other. It was for this reason that I made it a priority that no stone must be left unturned to ensure that we brought more judicial officers into the system. I must express our collective gratitude to the distinguished members of the Federal Judicial Service Council and the National Judicial Council for their commitment to the project of liberalisation of the judiciary. Without their active participation, we could not have pushed the process through. The Legislative Arm of government must also be commended not only for the swift constitutional screening of the nominees where required but also for the budgetary approval required to fund the appointment. The Executive Arm deserves commendation for the political will to see the project to the end. In this regard, we have all succeeded in demonstrating the practical working of the constitutional principle of Separation of Powers. The three arms of government are separate but not disparate. We are independent but not in isolation. We cooperate, but we do not compromise. This, in my view, is the true essence of separation of powers. The Supreme Court was not the only court that benefitted from the appointment of new Justices. The Bench of the Court of Appeal also had its ranks swelled by the appointment of two sets of new Justices in 2023 and 2024. With respect to the trial courts, that is, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, and the High Court of the states, they all experienced the injection of new judges. This will go a long way in facilitating the speedy dispensation of justice.

    Welfare improvement

    One area where we have also attempted to make a difference is in the aspect of the welfare of judicial officers – both serving and retired. A judicial officer’s work is not from 9am to 5pm. The reality of our existence is that a judge’s job is a 24-hour job. He sits in the court from 9am to about 3pm, if not later. When others close for the day, a Justice resumes his afternoon shift. That is when he begins to prepare his judgments and rulings. When others are resting at home after dinner, he commences his night shift by reading his files for the next day. There is no Judex worth his salt that will not read his files before getting to the court. For the past 32 years, I have always had one judgment or ruling pending for me to write. I cannot recall a single time in the last three decades when there was no judgment for me to write. It is for this reason that I believe that the emoluments of judicial officers must not be sweated for in or outside the office. Our judges must not be made to go cap in hand to beg before their remuneration is paid. Our retired justices deserve to live in relative reasonable comfort after spending their prime years serving the country. This is more so that they are constitutionally precluded from going back to active practice as barristers after leaving office. If truth must be told, the welfare of the judiciary is the welfare of the country. I am glad that we have made appreciable progress in this regard with the passage of the Bill for an Act to Prescribe the Salaries, Allowances and Fringe Benefits of Judicial Office Holders in Nigeria and for Related Matters by the National Assembly.

    Judicial Assistant Scheme

    One peculiar feature of the work of a judicial officer is that its performance is not delegable. It is not an assignment that can be done by proxy. A brother judge cannot prepare your judgment for you. He cannot conduct your trial for you. He cannot assess your witness for you. It is thus a back-breaking profession. We thus instituted the idea of Judicial Assistant to provide relief for Justices in the area of research and documentation. This crop of staff will aid the work of their Lordships by conducting research for them. It is hoped that the scheme will be a permanent feature of our justice system at all levels.

    New Supreme Court Rules

    When I became the Chief Justice of Nigeria, I was concerned about the fact that the rules regulating procedures in the apex court were those made 39 years ago. Although Practice Directions have been issued at regular intervals over the years to meet demands of justice, the substantive rules were still as made in 1985. l am convinced that the rules of procedure of any court are the engine that drives its operations. It is also my view that the rules must be dynamic and contemporary in order to meet the changing demands of both the Bench and the Bar. At the time the Supreme Court Rules 1985 were made, things that are now ubiquitous like information technology, electronic transactions, and global telecommunications, amongst others, were either not in existence or in their formative infancy. How then could such obsolete rules be adequate for the challenges of today? It was for this reason that I empanelled a Rules Committee to undertake the arduous assignment of reviewing the 39-year-old Rules and the many extant practice directions comprehensively. I am glad to report to you all that earlier this month, pursuant to the provisions of Section 236 of the Constitution of the Federal Republic of Nigeria 1999, I signed off on the new Supreme Court Rules 2024. In this regard, I must not fail to commend the wonderful job done by Hon. Justice Kudirat Kekere-Ekun, JSC; Justice Inyang Okoro, JSC; Justice Moronkeji Helen Ogunwumiju, JSC, Dr. Muiz Banire, SAN, and Mr. Yakubu C. Maikyau, SAN. Their dedication and commitment ensured that the new Rules became a reality. I am grateful to them.

    Supreme Court’s ADR option

    The Supreme Court Mediation Centre, which was established during the tenure of My Lord Justice Mahmood Mohammed, CJN, has now become fully operational. It is my conviction that there is more than one route that leads to justice and that the fundamental objective of everyone, who approaches the court is to get justice within a reasonable time. The Centre is empowered to provide alternative dispute resolution services to litigants thereby ensuring that disputes are resolved amicably and without acrimony. More importantly, the Centre will ensure that the docket of the Supreme Court is not clogged with matters that could be settled amicably. It is our hope that counsel and their clients will take advantage of the Centre to ensure that their matters are resolved speedily and harmoniously, without the attendant friction of litigation.

    Need to reduce Supreme Court’s workload

    Access to justice should not be regarded as an uncontrolled and unfiltered liberty to bring all forms of cases to the Supreme Court.  It is my belief that we trivialise the institution of the Supreme Court as a Court of Policy when every form of litigation is able to meander its way to the apex Court. It also diminishes the judicial importance of the Court of Appeal – that very important appellate court – when every one of its decisions must be reviewed by us here. I daresay that if there is another court that is superior to the Supreme Court, many cases will find their way to that Court ad infinitum. Counsel and litigants ought to know when to call it a day. Eleven months ago, Justice Amina Augie – that extremely brilliant and hardworking jurist – In her Valedictory Speech, narrated her surprise that one of the cases that found its way to the Supreme Court was an appeal in respect of 12 goats. Yes, 12 goats were the subject of a matter that came to the apex court. What these types of cases do is to clog the system, thereby depriving other important cases from being heard.

    Need for cooperation between the Bench and the Bar

    The legal profession is made up, in the main, of the Bench and the Bar. As it is inconceivable for a bird to fly with one wing, it is impossible for either the Bench or the Bar to thrive without each other. The success of the profession, and in fact of the justice sector, is anchored on the efficient cooperation and effective collaboration of both the Bench and the Bar. Having been on the Bench for more than three decades, I believe I am in a vantage position to state without any fear of equivocation that Nigeria is blessed with a brilliant and vibrant Bar. Their oral advocacy is top-notch, their written briefs of argument are first-class, and their professional ethics are excellent. It was always a thing of joy for me and my colleagues whenever we listened to the brilliant submissions emanating from the Inner and the Outer Bar. I must therefore thank members of the Nigerian Bar Association for their professionalism. By their industry, they have raised the bar of advocacy. I must also commend members of the Bar for their discipline and decorum. I have been privileged to be a recipient of utmost respect and courtesy from members of the Bar from the time I served as a High Court Judge till date. Throughout my tenure on the Bench, there was never a single instance when a counsel was rude to me or when I was rude to a member of the Bar. During my tenure as the Chief Justice of Nigeria, I worked with two Attorneys General of the Federation: Mr. Abubakar Malami, SAN and Prince Lateef Fagbemi, SAN. I also worked with one President of the Nigerian Bar Association, Mr. Yakubu Maikyau, SAN. I used the three gentlemen as my point of contact to express my appreciation to the entire members of the Bar for their support over the years.

    Senior lawyers should mentor young ones

    Leaders of the Bar must not abandon their duty of mentoring the younger practitioners, who are just coming to the profession. It is your responsibility to hold their hand during their formative years. This is one of your most important duties. As a fruit does not fall far from the tree, so the younger lawyers are seen as a reflection of their seniors. Of recent, we have started witnessing a fall, not only in the standard of advocacy but also in the manner of the dressing of our younger colleagues. It is important to reiterate the elementary point that it is highly unprofessional for counsel to address the in the second person as ‘you.’ It must always be ‘the court,’ ‘Your Lordship’ or ‘My Lord .’ Respect and decorum between the Bench and the Bar is the foundation of our profession. I will say no more on this issue.

    The sacrifices I made for my career choice

    As a youngster, I was an avid reader. My taste in reading was eclectic. I read every novel I came across. Judicial responsibilities, however, had made me to cut down drastically on reading non-legal works. Now that I am retiring, I intend to commence reading without the pressure of pending judgment or ruling. One of the novels I read long ago was by James Hadley Chase with the title: ‘There is Always a Price Tag.’ I mentioned above the fact that Court of Appeal Justices are nomadic Justices by virtue of our frequent postings. What I did not mention is the fact that some people are always paying the price for our absence. That is our family. I, therefore, pay tribute to the forbearance of my family during the many years of absence. My wife, Chief (Mrs.) Adewumi Ariwoola, Chief Afimo tunorise of Ibadan, is exceptional in this respect. She is what Yoruba people will describe as obinrin bi okunrin (a woman who does the work of a man). From the time I left Ibadan to set up my Chambers in Oyo town, she proved to be a strong pillar of support. When I was posted to Saki division of the Oyo State High Court, she was there for the family like the Rock of Gibraltar. When I was posted to Kaduna, she held the fort like an army general. When I was transferred to Enugu, she was the glue that kept the family together. When posting took me to Lagos, my wife did not allow the children to feel my absence. Like my uncle, Professor Peller, the famous magician, my wife expertly and adroitly juggled the many balls of being a professional in her own right with keeping the home intact. I am eternally in her debt. Thank you, Mummy Permanent Secretary. I also thank my children for keeping the flag of the Ariwoola family flying without stain. They endured my countless absences without complaining. They are the best children any parent would wish for. Another price I have had to pay was with regard to my health. In 2016, I had a Coronary Artery Bypass Surgery as a result of a blocked artery. A vessel had to be removed from my leg and inserted in my chest to serve as a passage for blood. It was a testing time for me and the family but glory be to God, I am today alive to witness this crowning moment of my career. I am grateful to Justice Suleiman Galadima JSC (rtd), who took it upon himself to request the Chief Imam of the Supreme Court Mosque to continue to supplicate for me while the surgery lasted. My friends, Dr. Junaid Ogundiran and Dr. Mashood Sodiq in Ibadan were also engaged in prayers throughout the time I was in the theatre. I am grateful to them all.

  • Wanted: Compliance with orders to prosecute electoral offenders, account for N729b

    Wanted: Compliance with orders to prosecute electoral offenders, account for N729b

    The Socio-Economic Rights and Accountability Project (SERAP) has obtained judgments on two public interest litigations. In the first, the court ordered a former minister to account for N729b allegedly paid the poor in six months. In the other, the court directed INEC to investigate electoral malpractices and violence in the 2023 poll. Deputy News Editor JOSEPH JIBUEZE reviews the verdicts.

    There is no doubt that Nigeria has a history of flawed elections marred by violence, bribery, vote-buying, undue influence and intimidation.

    Often, those who sponsor such violence or the perpetrators are hardly held to account, with convictions from electoral violence still low.

    To help tackle this problem, the Socio-Economic Rights and Accountability Project (SERAP) filed a suit against the Independent National Electoral Commission (INEC).

    It prayed the court to compel the electoral body to perform its constitutional and statutory duties to ensure the prosecution of suspected perpetrators of electoral offences and their sponsors during the 2023 elections.

    In a groundbreaking judgment, the Federal High Court in Abuja ordered the INEC to hold governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections in which voters were intimidated in most places, including Lagos.

    In a first-of-its-kind verdict, the court ordered INEC to ensure “the appointment of independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”

    SERAP also obtained another significant judgment from many of its public interest litigations.

    The Federal High Court in Lagos, in a landmark judgment, ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729billion to 24.3 million poor Nigerians for six months.

    The court ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.

    Court orders accountability over 2023 election violence

    The judgment on electoral violence was delivered on July 18 by Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit numbered FHC/ABJ/CS/583/2023 brought by SERAP.

    The court also ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”

    Justice Egwuatu ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies.”

    The judge held: “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there is documentary evidence in support of the depositions.

    “In the circumstances, therefore, I find merit in the application.

    “The sole issue of whether this Court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”

    Justice Egwuatu noted that being citizens, SERAP and its members have a legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.

    He added: “In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

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    “The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and in the long run credible leaders.

    “There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country both democratically and economically.

    “SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of an independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

    “Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP.

    “The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.”

    The court noted that the Electoral Act 2022 creates some electoral offences, such as Sections 123, 124, 125, 126 127, 128 and 129.

    Justice Egwuatu continued: “Trial of offences created by the Electoral Act is done in a Magistrate Court or a High Court of a state in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.

    “By Section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC.

    “Clearly, therefore, the law imposes on INEC the performance of a public duty.”

    Affirming SERAP’s right to bring the action, the judge added: “Section 24(d) and (e) of the Nigerian Constitution 1999 (as amended) recognises the rights of citizens to take steps towards advancing the community where they reside.

    “The section provides that ‘it shall be the duty of every citizen to -(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.

    “By the provision of order 34 of the Federal High Court (Civil Procedure) Rules, 2019, this court is empowered to grant an order of mandamus, prohibition or certiorari in the manner set out in the order.

    “On an application for judicial review, any relief mentioned in rule 1 of order 34 may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.

    “An order mandamus lies to compel the performance of a public duty at the instance of a person who has a sufficient legal interest in the performance of that public duty.

    “Where a public duty is imposed on a public or government body, authority, department or official and the authority, department or official refuses or fails to perform that duty, an order of mandamus would issue to compel that body, authority, department or official to carry out that duty in respect of a person whose interest is directly and substantially affected by the refusal or failure to perform that duty.

    “I must say that the entirety of the facts deposed to by SERAP was not controverted by INEC.”

    The orders

    Justice Egwuatu granted the following orders of mandamus against INEC:

    • An order of mandamus is hereby made directing and compelling the respondent to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

    • An order of mandamus is hereby made directing and compelling the respondent to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.

    • An order of mandamus is hereby made directing and compelling the respondent to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies.

    SERAP demands compliance

    In a July 20 letter to INEC Chairman, Prof. Mahmood Yakubu, SERAP urged him to use his good offices “to immediately enforce the judgment…”

    “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.

    “We urge you to approach the Chief Justice of the Federation as required under Section 52 of the ICPC Act for the authorisation of an independent counsel to investigate cases of electoral offences against governors and their deputies during the 2023 general elections, as ordered by the court.

    “We also urge you to work closely with the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies to prosecute the perpetrators and sponsors of electoral offences during the 2023 general elections, as ordered by the court.”

    The rights group stressed that respecting and implementing Justice Egwuatu’s orders are imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Constitution, Electoral Act and the country’s international obligations.

    SERAP added: “The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria.

    “It would also advance Nigerians’ right to freely participate in their own government.

    “By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.

    “Immediately implementing the judgment will restore public trust and confidence in Nigeria’s electoral process.

    “It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.

    “SERAP trusts that you will see compliance with this judgment as a central aspect of electoral reform, and an important opportunity for INEC to assert its independence and authority.

    “We therefore look forward to your positive response and action on the judgment.”

    The letter was copied to Attorney-General of the Federation Prince Lateef Fagbemi (SAN), EFCC Chairman Olanipekun Olukoyede and ICPC Chairman Mr Musa Aliyu.

    Judgment on N729b spending

    The judgment against Umar-Farouk was delivered on June 27 by Justice Deinde Isaac Dipeolu following SERAP’s Freedom of Information suit numbered FHC/L/CS/853/2021.

    Justice Dipeolu held: “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP.

    “I, therefore, grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”

    Justice Dipeolu ordered the minister to “provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.”

    The judge also ordered the minister to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five percent of Nigeria’s budget of N13.6 trillion for 2021.”

    Justice Dipeolu held: “The minister did not give any reason for the refusal to disclose the details sought by SERAP.

    “SERAP has reeled out the relevant sections of the Freedom of Information Act 2011 that the minister contravened and has in line with sections 20 and 25(1) of the Act prayed this Court for an order of mandamus to direct and compel the minister to provide the information sought.”

    Justice Dipeolu dismissed the objections raised by the minister’s counsel, upheld SERAP’s arguments and entered judgment in favour of SERAP against the minister.

    The orders

    Justice Dipeolu granted the following orders of mandamus against the minister:

    • An order of mandamus is hereby made directing and compelling the respondent to provide the details of the payments of N729 billion to 24.3 million poor Nigerians for six months, including the mechanisms and logistics put in place for the payments and list of beneficiaries.

    • An order of mandamus is hereby made directing and compelling the respondent to provide the details of how the beneficiaries have been selected, the number of states covered and the payments per state.

    • An order of mandamus is hereby made directing and compelling the respondent to state whether payments were made in cash, through bank verification numbers or other means.

    • An order of mandamus is hereby made directing and compelling the respondent to explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translate to five per cent of Nigeria’s budget of N13.6 trillion for 2021.

    • An order of mandamus is hereby made directing and compelling the respondent to clarify if the spending was part of the N5.6 trillion budget deficit.

    SERAP demands compliance

    SERAP, in a July 6 letter to President Bola Ahmed Tinubu through his Chief of Staff Femi Gbajabiamila, urged him to obey the judgment.

    The letter reads in part: “We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court.

    “Transparency in the spending of the N729 billion meant for poor Nigerians is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the recovered loot to the development of public goods and services, and the general public interests.”

    “Democracy cannot flourish if governments operate in secrecy.

    ‘The citizens are entitled to know how the commonwealth including Abacha loot, is being utilised, managed and administered in a democratic setting.

    “Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary.

    “SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.

    “SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality.

    “We therefore look forward to your positive response and action on the judgment.

    “The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the N729 billion.

    “By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”

    The letter, signed by SERAP Deputy Director Kolawole Oluwadare, was also copied Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN).

    Need for compliance

    Reacting to Justice Egwuatu’s judgment, SERAP deputy director Kolawole Oluwadare said it was an “important milestone for Nigerians’ right to free and fair elections, and for victims of electoral offences in their search for justice, truth and reparations for the crimes which took place during the 2023 general elections.”

    He added: “Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections.

    “We commend Justice Egwuatu for his wisdom and courage, and his landmark decision.

    “Respecting and implementing Justice Egwuatu’s judgment is imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations.”

    Oluwadare described Justice Dipeolu’s verdict as “ground-breaking” and “a victory for transparency and accountability in the spending of public funds.”

    He added: “The judgment shows the urgent need for the Tinubu government to genuinely address the systemic allegations of corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other ministries, departments and agencies, as documented by the Auditor-General of the Federation.

    “We commend Justice Dipeolu for her courage and wisdom, and urge President Bola Tinubu to immediately obey the court orders.”

    Falana, Olaniyan to govt: obey verdicts

    Activist-lawyer Femi Falana (SAN) hailed the judgment by Justice Dipeolu.

    He said: “SERAP deserves the commendation of all well-meaning people that have agonised over reports of systemic corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other MDAs.

    “This is one of the most patriotic public interest litigations ever undertaken in Nigeria.

    “We call on the Tinubu government to use the judgment as the basis for comprehensively addressing cases of corruption in the ministry and bringing to justice those suspected to be responsible as well as recovering proceeds of corruption.”

    Legal Adviser, Amnesty International Secretariat, London, Dr Kolawole Olaniyan, urged President Tinubu to ensure the judgments are complied with.

    He said: “Pending the anticipated reforms, the Tinubu Administration must consistently and fairly enforce the existing laws outlawing corruption, by for example obeying court judgments, including those obtained by the anti-corruption watchdog, SERAP.”

    He recalled that SERAP had also obtained a judgment ordering the Federal Government to account for the $460million Chinese loan obtained to fund the failed Abuja CCTV contract.

    A Lagos lawyer, Jonathan Iyieke, hailed SERAP’s “numerous public interest litigations”.

    “In a country like Nigeria where corruption and disobedience to the rule of law are eulogised, it does not matter how many times one goes to court.”

    He urged the Tinubu administration to ensure the judgments were obeyed.

  • What kind of Justice is Kekere-Ekun?

    What kind of Justice is Kekere-Ekun?

    Justice Kudirat Kekere-Ekun, who assumes office as the second female Chief Justice of Nigeria (CJN) and the 23rd, comes with broad experience that cuts across the judicial strata.

    She joined the Bench as a Senior Magistrate Grade II in the Lagos State Judiciary in December 1989, where she served for seven years before she was appointed a Judge of the High Court of Lagos State in July 1996.

    She sat for eight years and was elevated to the Court of Appeal on September 22, 2004.

    For nine years, she served in five divisions of the Court of Appeal, some as presiding justice, until her elevation to the Supreme Court on June 8, 2013.

    Her swearing-in yesterday as the CJN takes her to the pinnacle of her career.

    A Senior Advocate of Nigeria (SAN), Seun Ajayi, believes she is well-placed to make a difference.

    “She’s coming in with over three decades of experience, and I believe she will add value to the Bench and the legal profession.”

    Read Also; How bandits, terrorists dominate TikTok, flaunt ransom collected from victims

    What SANs said about her

    The judiciary will no doubt witness significant reforms under Justice Kekere-Ekun, who received her legal education in Nigeria and overseas and has seen how it is done in other jurisdictions.

    Born in Lagos on May 7, 1958, she obtained her LL.B in 1980 from the University of Lagos and LL.M from the London School of Economics and Political Science in November 1983.

    A Senior Advocate of Nigeria (SAN), Wahab Shittu, said about her: “Justice Kekere-Ekun is generally acknowledged as a serious-minded, disciplined, focused, honest, integrity-driven and highly respected judicial officer.

    “His lordship rarely intervenes in the conduct of judicial proceedings and betrays no emotions but is highly focused on the theory of justice.

    “Generally adjudged incorruptible and decent, His lordship commands the respect of the rank and file on account of carriage, dignity and professional honour.

    “His lordship is respected for knowledge, learning and character. His lordship always brings to the conduct of proceedings calmness, simplicity, candour and commitment to professional standards and high discipline.

    “His lordship is both a delight and treasure in carriage and disposition within and outside courtroom proceedings.”

    Another SAN, Toyin Bashorun, said of her: “She is easily my favourite female Justice in the Supreme Court, apart from former Justice Amina Augie, who taught me the Law of Evidence at the Nigerian Law School.

    “I met My Lord (Kekere-Ekun) very early in my life as her late dad was my late grandaunt’s landlord at Abiona Close in Surulere. She was then a young lawyer whom I admired a lot.

    “I have always known her to be focused and hardworking, hence my great admiration of her.

    “She handles the law proficiently like a sculptor and quite precisely too.

    “Only recently in the case of Yusuf Abdul Kareem vs. FRN (2022), my Lord in her lead judgement reached a swift and precise decision, which allowed an accused person who had been wrongly incarcerated for over 10 years to be set free immediately without wasting more time.

    “Even though she is a Lady of talents and candour, Madam Justice will never hesitate to reprimand any counsel (big, mighty or small) who is out of line, either on the Bench or outside the courtroom.

    “She has been a woman of integrity for as long as I can remember.

    “Nigeria is blessed to have this erudite jurist at her apex court at this time in her history.”

    What do her verdicts say about her?

    From her verdicts, it is difficult to pin her on the activist or conservative class of judges. Some, though, may view her as more of an activist than a conservative.

    In the case of Yusuf Abdul Kareem vs. FRN (2022), she held that an accused person who had been wrongly incarcerated for over 10 years ought to be set free without further delay. A more conservative judge may have given the state the benefit of more time to continue with the trial.

    Justice Kekere-Ekun is not afraid to render what may be considered unpopular verdicts.

    It was she who wrote the lead judgment in which the ban on hijab by Lagos State was declared discriminatory against Muslim students.

    The Lagos State Government had banned the hijab, arguing that it was not part of the approved school uniform for students.

    Muslim students filed a suit on May 27, 2015, asking the court to declare the ban as a violation of their rights to freedom of thought, religion and education.

    Justice Modupe Onyeabor of an Ikeja High Court on October 17, 2014, dismissed the suit, holding that the prohibition was not discriminatory.

    Dissatisfied, the students urged the appellate court to set aside the judgment and protect their constitutional rights.

    A five-man special appellate court panel, presided by Justice A.B. Gumel, on July 21, 2016, overruled the high court and held that the use of hijab was not discriminatory.

    The Lagos State Government in February 2017 approached the Supreme Court to challenge the verdict but met a brick wall in Justice Kekere-Ekun, who affirmed the Court of Appeal judgment despite the surrounding controversy.

    The Imo governorship judgment

    Justice Kekere-Ekun wrote the judgment that confirmed Hope Uzodinma winner of the March 9, 2019 governorship election in Imo State.

    It was controversial as not a few Nigerians wondered how someone who came fourth could replace the person who came first in an election in which Emeka Ihedioha of the Peoples Democratic Party (PDP) was declared winner.

    But, in the unanimous judgment of the seven-member panel, Justice Kekere-Ekun held that results in 388 polling units were unlawfully excluded during result collation.

    According to her, when the excluded results were added, it meant that Uzodinma polled a majority of the lawful votes cast and ought to have been declared the winner by the Independent National Electoral Commission (INEC).

    The Supreme Court, therefore, voided Ihedioha’s declaration and ordered that the Certificate of Return wrongly issued to him be immediately withdrawn and a fresh one issued to Uzodinma.

    “It is thereby ordered that the appellant’s votes from 388 polling units unlawfully excluded from the appellant vote declared shall be added and that the first respondent, Emeka Ihedioha, was not duly elected by a majority of lawful votes cast at the said election,” Justice Kekere-Ekun held, with her colleagues concurring.

    She added: “I agree with the learned counsel for the appellants that the lower courts misconstrued their case. The issue in contention was whether the results for 318 polling units were unlawfully excluded from the collated results.

    “The documents were tendered to prove the exclusion as pleaded by the appellants and not whether the election held in the polling units, in which case, the polling agents would have been called.

    “The majority judgment of the lower court, affirming the judgment of the governorship election tribunal, is hereby set aside.

    “It is hereby declared that votes due to the appellants, that is, Senator Hope Uzodinma and the All Progressives Congress, from the 388 polling units, were wrongly excluded from the scores ascribed to the appellants.

    “It is hereby ordered that the appellants’ votes from the 388 polling units, unlawfully excluded from the appellants’ scores declare, shall be added to the results earlier declared by the third respondent (INEC).

    “It is hereby declared that the first respondent, Right Honourable Emeka Ihedioha, was not duly elected by a majority of lawful votes cast at the said election. His return as the elected governor of Imo State is hereby declared null and void and is accordingly set aside.

    “It is hereby declared that the first appellant, Senator Hope Uzodinma, polled the majority lawful votes cast at the governorship election held in Imo State on 9th March 2019 and satisfied the mandatory constitutional threshold and spread across the state.”

    Justice Kekere-Ekun was heavily criticised in some quarters, with some saying the Supreme Court occasioned a miscarriage of justice.

    The PDP unsuccessfully tried to have the judgment reversed. It was even rumoured that Justice Kekere-Ekun was denied U.S visa as a consequence, although this could not be independently verified.

    But there were those who said the verdict was unassailable.

    A legal expert, Kenneth Ikonne, described it as a “painful but legally correct verdict” and that Ihedioha’s legal team made a “fatal” error.

    He recalled that results from more than 350 polling units, signed by INEC presiding officers, which gave Uzodinma an unassailable lead, were rejected by ward collation officers, who had no power in law to cancel or reject them.

    Ikonne said the law was settled that neither collation officers nor a returning officer has the power in law to exclude a polling unit result duly signed by the presiding officer, except the tribunal.

    “The backbreaking and fatal error made by Ihedioha’s legal team was in not filing a cross-petition fiercely challenging the integrity of the suspect polling unit results upon which Uzodinma was relying and praying the election tribunal to formally nullify the said results.

    “Without a cross-petition, none of the grounds under section 138 (1) of the Electoral Act for questioning the elections conducted in those polling units in which Uzodinma ‘won’ could have been competently raised by Governor Ihedioha in his defence to Uzodinma’s petition.

    “This was the ratio decidendi of the old Court of Appeal decision in IDRIS V. A.N.P.P. (2008)8 NWLR(PT.1088) Page 1.”

    Citing several legal authorities, Ikonne said without a cross-petition praying for the nullification of those results, the law forbade Ihedioha as respondent from raising the issue of the alleged serial corrupt practices and irregularities marring the results, in a mere statement of defence.

    “Ihedioha, being a respondent, could only have competently raised them via a cross-petition, being a new issue not nominated by Uzodinma, the petitioner.

    “Tragically, Ihedioha’s legal team forgot to include the pivotal cross-petition.

    “And in the absence of a cross-petition, the Supreme Court was right in law, painfully though it may seem, to rely on the presumption of regularity and correctness enshrined by both the Electoral Act and Evidence Act in favour of the said results, and to reckon with them and add them up to the final result, since Ihedioha’s legal team had woefully failed to effectively attack the results and rebut that presumption.

    “For the Supreme Court, this was the legally correct conclusion to come to, having found that INEC had no power in law to exclude polling units results duly affirmed by the various polling units presiding officers!”

    Sustenance of Supreme Court’s policy thrust

    The Supreme Court came under criticism for focusing too much on technical justices.

    One of such critics was Itse Sagay (SAN), eminent Professor of Law, who once accused the Supreme Court of “doing injustice”.

    He was reacting to a Supreme Court judgment in 2019 in which the APC was excluded from fielding candidates in Rivers during the general elections.

    He also slammed the case of Zamfara, in which the Supreme Court nullified APC’s victory in the election and transferred it to the PDP due to alleged irregularities in APC’s primaries.

    To Sagay, the verdicts were a travesty of justice.

    Sagay said the Supreme Court is “specially endowed with the power and authority to do justice and to ignore law when it is technical and would create injustice, and to avoid at all cost a mechanical approach to the interpretation of the law”.

    The Supreme Court seems to have learnt as it did so in the recent judgment granting full financial autonomy to the local governments.

    It went beyond the strict interpretation of the letters of the law to invalidate the state/LG joint account system due to its continuous breach.

    “In this case, since paying them through states has not worked, the justice of this case demands that the local government allocations from the Federation account should henceforth be paid directly to the LG councils,” the Supreme Court held.

    It is expected that under Justice Kekere-Ekun, the Supreme will remain a policy court while working to reduce its workload.

    A former Nigerian Bar Association (NBA) president Dr Olisa Agbakoba (SAN), said: “We are witnessing yet another ritual of handing over of the Judicial baton with the swearing-in of Justice Kekere-Ekun. But it’s not about swearing in!!

    “It’s about whether we will see radical reforms finally. The last great reform CJN was the late Dahiru Musdapher! I was his consultant on Speed of Justice.

    “Unfortunately CJN Musdapher only had six months in office. He set up a high powered 29 person committee that produced a transformational report.

    “The late CJN led a team to the then president of the senate, David Mark, to present far-reaching reforms to the constitutional structure of the Judiciary.

  • Formation Exceptionelle’s training to bridge gaps in contract drafting

    Formation Exceptionelle’s training to bridge gaps in contract drafting

    Formation Exceptionelle, a leading provider of legal training and consulting services, has announced the launch of a new specialized training program designed to bridge critical gaps in contract drafting. This comprehensive program will equip legal professionals with the essential skills and knowledge needed to draft effective, enforceable contracts in today’s complex legal landscape.

    The event, titled: “Practical Training on Contract Drafting and Review, Risk Management, and Company Secretariat,” will take place from October 15th to 17th, 2024, at The Panoramic View Hall, Civic Center, Ozumba Mbadiwe Road, Victoria Island, from 8:00 AM to 5:00 PM.

    Dr. Ayodele Oni, Director of Formation Exceptionelle, highlighted the motivation behind organizing the training, emphasizing the importance of keeping pace with the rapidly changing global legal environment. “The world is constantly evolving, bringing new challenges and opportunities. The legal landscape is shifting from what was taught in school to what is actively unfolding globally.

    Dr. Oni stated: “As professionals, we must stay ahead of these trends. This training is designed to help lawyers refine their existing skills while also exploring new areas of law, using real-life cases and scenarios to provide practical, hands-on learning.”

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    The training aims to fill a critical gap in the legal space. Dr. Oni noted: “It is evident that some lawyers still struggle with drafting straightforward contracts or effectively negotiating on behalf of their clients. Mastering these skills goes beyond just reading textbooks—it requires hands-on guidance from industry experts who can teach the nuances of contract drafting. This essential gap is precisely what Formation Exceptionelle is here to address.”

    Participants in the program will gain a comprehensive understanding of the fundamentals and complexities of contract drafting.

    The training will cover essential topics such as oil and gas agreements, the drafting and negotiation of ship and aircraft documents, and effective due diligence practices.

    Additionally, the event promises to offer unique opportunities for professional networking and peer engagement, complemented by motivational speeches from seasoned industry experts.

    The lineup of distinguished speakers includes Dr. Ayodele Oni (Partner, Bloomfield Law Practice), Funmilayo Otsemobor (Mrs.) (Partner, Aluko & Oyebode), Adedoyin Afun (Partner, Bloomfield Law Practice), Desmond Ogba (Partner, Templars Law), Dipo Akinbode (Group Deputy General Counsel, Aradel Holdings) and Oluwadare Agbelese(Group Head, Legal and Supply Chain Management, Waltersmith).

    These experts will provide participants with hands-on guidance and insights into the nuances of contract drafting and legal practice.

  • Lawyers: what we expect from Kekere-Ekun

    Lawyers: what we expect from Kekere-Ekun

    On Friday, Chief Justice of Nigeria (CJN), Olukayode Ariwoola, will pass the baton to Justice Kudirat Kekere-Ekun. ADEBISI ONANUGA sought lawyers’ views on the tasks before her

    On August 23, Justice Kudirat Motonmori Kekere-Ekun will take over as the Chief Justice of Nigeria (CJN).

    She will be receiving the baton from Olukayode Ariwoola, who will retire on August 22.

    The National Judicial Council (NJC) had recommended the appointment of Justice Kekere-Ekun, the next most senior justice of the apex court, as the next CJN.

    The NJC made the recommendation to President Bola Tinubu at its 106 meeting in Abuja between August 14 and 15.

    The President is expected to forward Justice Kekere-Ekun’s name to the Senate for confirmation.

    After confirmation, she would also become the next chairman of the NJC.

    Change of baton

    NJC’s spokesman Soji Oye, in a statement in Abuja, last Thursday, said the decision became imperative because Justice Ariwoola “will formally bow out of office as the Chief Justice of Nigeria on Thursday,  August 22, 2024” having attained the mandatory 70 years of age for retirement.

    Justice Ariwoola spent 26 months in office, having assumed office on June 27, 2022.

    The first female CJN was Justice Aloma Mukhtar, who occupied the exalted office between July 2012 and November 2014, having spent 28 months in office.

    The incoming CJN is 66, having been born on May 7, 1958. She would occupy the office for the next four years, subject to confirmation by the Senate.

    Seamless succession

    Justice Tanko Muhammad, who was CJN between January 25, 2019, and June 27, 2022, voluntarily resigned on health grounds.

    It followed allegations bordering on welfare by his colleagues.

    His predecessor, Justice Walter Onnoghen, who served between March 7, 2017 and January 25, 2019, was accused of failing to declare his assets.

    He later resigned his appointment.

    Ariwoola faced strident allegations of nepotism, and because he comes from the Southwest, he was the attention of social media trolls who believed he would rule in favour of Bola Ahmed Tinubu.

    But he was able to cleverly navigate the murky waters of Nigerian politics by declining to sit on any of the appeal panels.

    Full complement of Supreme Court

    One remarkable achievement under him, was when the Supreme Court, on February 26, achieved the full complement of 21 justices on the Bench, following the appointment of 11 justices to the apex bench.

    A senior lawyer, Chief Mike Ozekhome (SAN), described Justice Ariwoola’s tenure as “a mixture of the good, the bad and the ugly.”

    Ozekhome commended the CJN for being able to increase the number of those conferred with the silk rank to about 87 this year, recalling that it was 58 last year.

    “My argument has always been that contrary to the fears of many lawyers, it is not a bastardisation or watering down of the quality of the rank of the silk just because many people have been given it,” he said.

    Ozekhome noted that the tenure of Ariwoola witnessed the delivery of what he described as “very courageous judgments” and listed them to include the currency case that allows Nigerians to have two swaps of currency, the old and the new, side by side.

    He noted that if the Supreme Court did not intervene, what the Central Bank would have done was cripple the entire country and bring it to its knees.

    The senior lawyer also gave kudos to Ariwoola over the local government judgment, which ended the state/LG joint accounting system and nullified the appointment of caretaker chairmen.

    Expections

    Senior lawyers have offered suggestions on how Justice Kekere-Ekun could transform the judiciary.

    Those who spoke to The Nation Law are Chief Louis Alozie (SAN), Adeyinka Moyosore Kotoye (SAN), Otunba Kunle Kalejaiye (SAN), a leading litigator, Wahab Shittu (SAN), Chairman, Nigerian Bar Association (NBA), Ijebu Ode Branch,  Dr. Fassy Yusuf, Executive Director, Crime Victims Foundation of Nigeria (CRIVIFON), Mrs. Gloria Egbuji, and a former Deputy Speaker, Ogun State House of Assembly, Chief Olugbenga Ayo-Odugbesan.

    Chief Alozie noted that Justice Kekere-Ekun has had a distinguished career at the Bench, especially at the Supreme Court where her footprints are resonating in the law reports.

    “She is known as a no-nonsense judge. It is expected that she will be stepping into the position of CJN with her wealth of experience.  Alozie listed what he believed the incoming CJN should focus on.

    Fight corruption

    He noted that Justice Kekere-Ekun is coming in at a time when the public perception of the courts is very poor.

    “We are now in an era when ‘All Eyes Are On The Judiciary ‘.

    “Corruption is said to be very high. The judiciary is said to have gone to bed with the politicians both in the executive and legislative arms of Government.

    “So many curious judgments have been dished out at all levels of courts, by reason of political and material inducements.

    “This is more so in the Supreme Court where the constitution is been deliberately misinterpreted in the name of public policy,” he noted.

    Enforce  jurisdiction in courts

    Alozie further noted that at the trial court level, the state High Courts seem to be dancing to the tune of the governors, while the Federal High Courts try very hard to please the Federal Government and its agencies.

    Read Also: More reactions trail Kekere-Ekun’s nomination as CJN

    The activist lawyer said: “A worrisome trend at the Federal High Court is that they now overlook Section 251 that delimits their jurisdiction to dabble into all manner of issues that do not concern them.

    “They now play supervisory roles over the affairs of political parties,  and local Governments, which shouldn’t be.

    “Most of their judgments on political cases betray the fact that they are serving the interest of some big politicians, and no longer the masses/and the downtrodden.”

    Review mode of appointment of judges

    He remarked that the manner of recruitment into the Bench at all levels appeared to have compromised merits for the benefit of the owners of Nigeria.

    He lamented: “Our electoral jurisprudence is in shambles such that no lawyer knows the law any longer. Decisions of our courts are now largely unpredictable, the facts of the cases notwithstanding.

    Review court rules, fast-track cases

    Alozie suggested that the Rules of Court should be amended or changed to give room for a review saying that it is obviously flawed judgments, no matter which court that delivers them.

    “The slow pace and delay in the determination of cases should be looked into.

    “Trial of cases in our courts should be fast-tracked, in such a way that is consistent with the constitutional stipulation that parties who have their cases in courts should be entitled to fair hearing within a reasonable time.”

    Study recommendations of Abuja summit

    Both Kotoye and Otunba Kalejaiye advised the incoming CJN to study and, if possible, implement part of the recommendation/resolutions reached at the last justice sector summit, held at Abuja, in April.

    “Those areas, relating to how to make the courts function effectively, should be considered and implemented.”

    Encourage remote hearings

    Kotoye urged her to encourage virtual/remote proceedings to reduce the lengthy time spent in court and to extend the same to the appellate courts.

    The incoming CJN was also counselled to increase the time allotted for chamber hearings, especially for non-contentious applications and to extend it to applications, which ordinarily should be granted on their merit, notwithstanding the fact that there’s an opposition.

    Overhaul court registries

    Kotoye said the registry of the courts should be overhauled for effective and efficient service delivery.

    “More emphasis should be placed on online filing of processes; while delivered judgments should be made available on time, both in hard and online copies.”

    Reposition Judiciary

    Kalejaiye stressed the need for the in-coming CJN to reposition the judiciary in a manner as contained in the tripartite communique signed by the outgoing CJN, Justice Ariwoola, the Attorney General of the Federation and the NBA president.

    He believes the document, April 25, should be the holy writ to be followed by the new CJN.

    Address case congestion

    Kalejaiye advised that the congestion of cases at the apex court should be addressed, emphasising that too many frivolous appeals clog the dockets of the Supreme Court justices.

    “On average, it takes about 16 to 18 years for cases to travel through our court system.

    “This is scandalous and has eroded confidence in the judiciary. I suggest that she should tackle this sluggishness,” he advised.

    Ensure transparency

    Kalejaiye added: “The Abuja Justice Summit found that with the federal judiciary, the problem is not lack of funds but the opacity that attends the spending patterns.

    “The new CJN should make the judiciary, especially the federal Judiciary, transparent.”

    He said the appointment of judges to the superior courts has not engendered public confidence.

    “She should work on an appointment system that is meritocratic and fair,” he emphasised.

    Institutionalise culture of efficiency

    Shittu described Justice Kekere-Ekun as a disciplined, decent, and incorruptible judge, pointing out that her reputation as a no-nonsense but stellar judicial officer precedes her.

    He assured that the Judiciary is set to witness unprecedented reforms marked by judicial integrity and adherence to ethical standards.

    Listing a table of priorities for the incoming CJN, Shittu advised her to institutionalise a culture of the judiciary that works effectively, efficiently and speedily with dispatch without sacrificing the element of justice.

    Entrench rule of law

    Shittu encouraged her to have zero tolerance for impunity in all spheres of the judicature while prioritising law and order.

    He said: “I expect that His lordship will ensure the rule of law dominates and that government at all levels including the legislature are accountable for their actions.

    “His lordship will ensure minimal tolerance for delays. We expect the backlog of cases to be cleared and appellate matters assigned hearing dates without hassles.

    “We will expect that Judicial integrity and confidence are restored and that all including the common man have access to justice.

    “His lordship being incorruptible given His lordship track records will institutionalise zero tolerance for corruption in the administration of justice.”

    Prioritise welfare of judges

    Justice Kekere-Ekun was advised to accord priority to the welfare of judges and other stakeholders in the justice delivery system.

    “The judiciary under her watch must ensure that investor confidence is restored by dispatch in the handling of cases.

    “The Supreme Court under Her Lordship’s watch should deliver landmark judgments that will enrich our jurisprudence,” Shittu said.

    Improve infrastructure, ensure effective administration

    The state of improved infrastructure ought to engage Her Lordship’s attention, Shittu said.

    “I expect greater emphasis on the deployment of information technology in the administration of justice to enhance efficiency and effectiveness in the administration of justice

    “My further expectations include acceleration of disciplinary enforcement mechanisms for both the bar and the Bench to deliver on professionalism and ethical standards.

    “Above all, we will expect quality justice, zero tolerance for impunity and corruption to deliver a judiciary that works,” he said.

    Address corruption in judiciary

    Dr. Yusuf argued that the incoming CJN is qualified to hold the number one position having been a magistrate, a High Court judge, Justice of the Court of Appeal and for over a decade now, Justice of the apex court.

    “She has seen it all. I must humbly admonish her to address the following issues and ensure that during her own time, we can resolve them and advance the nation’s justice sector.

    “The issue of corruption should be tackled headlong. We all know that Nigerian society is corrupt but the judiciary must be above the prose because if the judiciary is corrupt, there is no hope for the common man.”

    Speed up non-political cases

    He said the delay in justice delivery, especially for non-political matters, should be addressed.

    “Presently, all other fundamental cases have been kept in abeyance for political cases to the extent that people now think that the judiciary is only for the political class.

    This is not good. Justice should not be for the political class alone. It should be for every member of the society.

    Use more technology

    Dr. Yusuf said the introduction of technology at every spectrum of state should be the hallmark of our judiciary.

    “Filing, assignment, hearing, delivery of rulings and judgments must be technologically driven.

    “We must learn how the judiciary operates in saner countries and saner jurisdictions like USA, UK,  European Union, India and other similar jurisdictions.

    “Otherwise, we would continue to witness delays that would continue to take about 15 years from the high court to the apex court which is a sad commentary.”

    Enlarge  Court of Appeal

    “We must endeavour to put machinery in motion for the enlargement of the Court of Appeal to ensure that every state has a division of the Court of Appeal.

    “For example, in Lagos, Ogun, Oyo, and Ondo, we have a preponderance of appeal cases.

    “Appeal cases in Ogun State go to Oyo State, whereas, after Lagos State, especially in the Southwest, we have more appeal cases than any other state. This should be addressed.”

    Transparent appointment of judicial officers

    “There should be transparency in the appointment of judicial officers.

    “If there is no transparency, people would continue to cast aspersions on those that are there and we must also look into this issue.”

    Stop appointment of politicians’ spouses, children on the Bench

    “Milord, the incoming CJN must address the issue of high-profile politicians having their spouses or children populating the Bench.

    “This is not good enough and I think this should be looked into,” Yusuf added.

    Enhance judicial independence

    Mrs. Egbuji urged Justice Kekere-Ekun to improve the judicial system and restore public confidence in it.

    As the second female CJN, she admonished her to enhance judicial independence and to strengthen the judiciary’s autonomy by resisting external pressures from the executive and legislative branches.

    She said Justice Kekere-Ekun must ensure that judges can make decisions based on law and justice without fear of retribution or political influence.

    Promote transparency, accountability

    The CRIVIFON Executive Director urged the incoming CJN to implement measures that would increase transparency in the judicial process.

    “This could include publishing court decisions and the rationale behind them, ensuring that cases are heard in a timely manner, and establishing a clear code of conduct for judges and court officials,” she said.

    Set up body to handle complaints against judges

    Egbuji called for an independent body to oversee the judiciary and handle complaints against judges, stressing that this would help to address issues of corruption and misconduct within the judiciary.

    Implement reforms

    The activist lawyer advised Kekere-Ekun to initiate and support legislative reforms that would strengthen the legal framework within which the judiciary operates.

    These include reviewing outdated laws, amending the Constitution where necessary, and advocating for laws that protect judicial independence.

    Improve access to justice

    The incoming CJN was admonished to ensure that all citizens, regardless of their socio-economic status, have access to legal representation.

    Egbuji said this could involve expanding legal aid services, making court fees more affordable, and ensuring that courts are accessible in all regions of the country.

    Strengthen the anti-corruption fight

    She was advised to work closely with anti-corruption agencies to tackle corruption within the judiciary.

    “Judges found guilty of corrupt practices should be prosecuted and removed from office to set a strong example,” Egbuji said.

    Engage with stakeholders

    She was admonished to foster better relationships between the judiciary and other key stakeholders, including the Nigerian Bar Association, civil society organisations, and the general public; and hold regular consultations and dialogue that can help to identify issues and develop strategies for improvement.

    Restore public trust in judiciary

    Jujstice Kekere-Ekun was told to make a concerted effort to rebuild public trust in the judiciary by demonstrating integrity, fairness, and impartiality in all judicial proceedings while high-profile cases are to be handled transparently to show that justice is being served.

    Restore dignity, integrity of the Bench

    Chief Ayo-Odugbesan urged the incoming CJN to restore the dignity and integrity of the Bench at the different levels of the court.

    Ayo-Odugbesan said as the head of the judicial arm of the government, the incoming CJN owes it a duty to ensure transparency in NJC’s affairs, especially the appointment and discipline of judges and as well as elevations to the Inner Bar.

    Timeous availability of CTC of judgments

    Ayo-Odugbesan urged her to ensure that rulings and judgments are delivered timeously and that the certified true copies (C.T.C’s) and record of proceedings are handed over to the counsel shortly thereafter.

    Resist political class

    The former lawmaker in Ogun State said: “A predilection to do the bidding of the political class must be resisted, going forward, as the Judiciary is said to be the last hope of the ‘Common man.’

    “There is also the need for the cleansing of the Judiciary, being the proverbial ‘Temple of Justice’, which is or seems to be polluted by discretions of indiscretions of its ‘priests’.

    “We all remember recent conflicting rulings and judgments, especially from the State High Courts and the Federal High Courts.

    “There is a need to bring sanity into the use of judicial discretion and enforce jurisdiction of courts.”

  • Fayemi: reconsider bicameral legislature

    Fayemi: reconsider bicameral legislature

    Former Governor of Ekiti State, Dr. Kayode Fayemi. has called for reconsideration of Nigeria’s Bicameral Legislature to enhance good governance.

    Fayemi made the suggestion while speaking at the Sixth Justice Aderemi Lecture Series (JAALS) held in  Ibadan.

    The lecture was titled Bicameralism, Democracy, and Good Governance in Nigeria: Some Reflections, an offshoot of the conference topic Bicameralism and Good Governance. An Oxymoron?

    Drawing on historical context, Fayemi explained that bicameralism, comprising a Senate and a House of Representatives, provided a system of wider representation for pluralist societies.

    He noted that approximately 45 per cent of democracies worldwide practise bicameralism, including most federal entities like the United States, Canada, and Australia.

    Fayemi argued that while bicameralism offers potential benefits such as preventing hasty legislation, promoting division of labour, and providing checks and balances, these were not amply manifested in the context of Nigeria.

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    He emphasised that the country’s legislative arm remains underdeveloped, partly due to its interruptions during military rule, which has affected its independence and effectiveness.

    Fayemi was critical of the current perception of Nigeria’s National Assembly, often viewed by the public as a “rubber stamp” institution subservient to the executive branch.

    He was concerned that the Senate had become a haven for retired politicians who make little or no contributions at all, wondering if the current structure of a bicameral legislature was deepening democracy or bettering governance.

    Fayemi called for a re-evaluation of Nigeria’s governance system, particularly the need for devolution of powers to the country’s federating units.

    He argued that the core issue is not merely the type of legislature but the structure of Nigeria’s federalism, which had failed to serve the best interests of the nation.

  • AIG seeks farmers’ collaboration

    AIG seeks farmers’ collaboration

    The Assistant Inspector-General of Police (AIG), Force Criminal Investigation Department (FCID), Alagbon, Lagos, Ayodeji Ogundele, has urged members of farmers’ communities to collaborate with the police and other security agents to ensure effective community policing in the Southwest, to boost food production.

    Ogundele made the call during a visit by a farmers’ security society group, Agbekoya Society of Nigeria.

    The AIG stressed that members of the farmers’ community (Agbekoya) must have confidence and trust in the police and play their roles in entrenching good governance in their various localities.

    The AIG also stated that the police had established effective accountability networks for any member of the farmers’ community who is aggrieved by any police action to receive instant redress.

    According to Ogundele, the Complaint Response Unit (CRU) can be reached online within seconds, while Provost Offices, SERVICOM, X-Squad, and Police Public Relations officers are available in all police formations.

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    President General of Agbekoya Society of Nigeria, Aare Kamorudeen Okikiola, explained that the purpose of the visit was to welcome the new AIG to the Southwest and to work together to find solutions and resolve the problem of insecurity in the Southwest, especially in farm settlements.

    He stated that the visit aimed to promote partnership between the police and citizens, as well as to represent the voices of farmers’ communities affected by insecurity; and advocate for justice for the poor farmers and most vulnerable.

    Aare Okikiola emphased that the synergy with the police would encourage community intelligence watch and community intelligence gathering to facilitate police service delivery in the Southwest.

    Aare Agbekoya was accompanied by some members of his cabinet: the National Secretary, Dr. Adegbenro Ogunlana, the National Treasurer, Ajibola Salawu, and the Director of Media and Publicity, Wahab Akinlade, alongside security expert Adekunle Oba during the visit.

  • Court declines Multichoice’ objection to  MCSN’s N30b infringement suit

    Court declines Multichoice’ objection to  MCSN’s N30b infringement suit

    A Federal High Court sitting in Lagos has refused the prayers of a cable outfit, Multichoice Nigeria Limited, to strike out the claims of the Musical Copyright Society Nigeria Ltd/Gte (MCSN) in its N30billion copyright infringement suit instituted against it for want of jurisdiction.

    In the preliminary objection filed before Justice Daniel Osiagor and argued by counsels to Multichoice led by Moyosore Onigbanjo (SAN), four issues were raised for determination by the court.

    The defence argued that the plaintiff, MCSN,  commenced the action in breach of Section 14 of the Copyright (Collective Management Organization) Regulations 2007 which mandates parties to submit disputes arising from any matter within its purview to the Nigerian Copyright (Dispute  Resolution Panel) to settle.

    They  submitted that the plaintiff, MCSN, did not, in the first instance, seek the leave of  court before commencing action for infringement of copyright in respect of which both the copyright owner or an exclusive licensee have a concurrent right of action as stipulated by Section 37(3) of the Copyright Act, 2022.

    Thirdly, it was argued that the plaintiff has failed and refused to comply with conditions precedent that will vest the court with the requisite jurisdiction to hear the matter.

    The defendant contended that the plaintiff lacks the locus standi to sue as a Collective Management Organization (Collective Society) and maintain any action with respect to that capacity because its license has expired and has failed to renew same as provided by section 1(9) of the Copyright (Collective Management Organization) Regulations, 2007.

    In its response, the plaintiff, MCSN, through its counsel, Dada Awosika (SAN) filed a 16-page affidavit and formulated a lone issue for determination by the court.

    The plaintiff prayed the court to determine “Whether the honorable court, given the 1999 Constitution and the Copyright Act 2022 , has requisite jurisdiction to hear and entertain the subject matter of this suit?”

     Awosika argued that the suit is a copyright infringement action which commenced against the defendant for not obtaining the requisite permission or licence from it before the exploitation of musical works and sound recording in its broadcasting activities.

    MCSN further argued that the subject matter of the suit which borders on the infringement of copyright is governed by Section 37 of the Copyright Act 2022.

    MCSN submitted that the actions of the defendant carries civil and criminal liabilities in nature as provided for under Section 37 and 44 of the Copyright Act, both of which can only be tried by the Federal High Court and not the Dispute Resolution Panel.

    MCSN submitted that by the Exhibit M1 (letter of renewal of certificate) and M2 (certificate of approval) attached to the counter affidavit, it has a valid license issued and obtained from the Nigerian Copyright Commission which was issued and renewed in January 2023.

    On the strength of the foregoing, MCSN urged the court to resolve the issues raised in its favour and dismiss the notice of preliminary objection by the defence .

    Ruling on the  issues before the court , Justice  Osiagor agreed with MCSN’s position that in line with the provisions of Section16 of the Copyright Act, it has the right to approach the court to ventilate any violations of its copyright works.

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    The court dismissed claims by Multichoice that the plaintiff ought to seek the leave of court in filing any suit relating to infringement of copyright wherein the copyright owner and an exclusive licensee have concurrent right of action as stipulated by Section 37(3) of the Copyright Act.

     The court held that the provision relates to a situation where both the copyright owner and exclusive licensee have concurrent rights of action.

    “The question therefore is, does this present suit before the court falls within such a situation to warrant the need of the leave of court? “I think not”, Justice Osiagor said.

     The court further held that from the facts of the case and a concrete reading of the plaintiff’s affidavit, the suit does not fall within the situation envisaged in Section 37(3) of the Copyright Act.

    The court  therefore dismissed Multichoice claims that the plaintiff’s license has expired; saying “Exhibit M1 and M2 attached by the plaintiff clearly showed that its licence has been renewed by the Nigerian Copyright Commission (NCC).

     “I must add that the applicant in this preliminary objection is neither here nor there.

    “Counsel argues that the respondent is not a collecting society for lack of licence, then goes ahead to argue that the respondent ought to fulfill the conditions precedent applicable to collecting society, admitting that the respondent is a collecting society”, Justice Osiagor further held.

    The court, however, found merit in the desire of the applicant for arbitration and therefore referred parties to arbitration by the Dispute Resolution Panel.

    The court  ordered the Nigerian Copyright Commission (NCC) to set up a conflict and Dispute Resolution panel for the parties. 

    Justice Osiagor ordered parties to report back to the court in October 2024.  

  • Rights group slams Police Act amendment

    Rights group slams Police Act amendment

    A civil society group, the Human Rights Monitoring Agenda (HURMA), has opposed the recent amendment bill passed by the National Assembly, which would allow Inspector-General of Police (IGP) Kayode Egbetokun to remain in office beyond his retirement age.

    At a press conference held at the International Press Centre (IPC) in Ikeja, Lagos, the group urged President Bola Ahmed Tinubu to withhold his assent to the bill, citing concerns over career progression and potential disloyalty within the police force.

    HURMA’s Executive Director, Olaitan Balogun, emphasised the organisation’s commitment to protecting the fundamental rights of individuals as enshrined in the Nigerian Constitution and the African Charter of Human and Peoples’ Rights.

    Balogun underscored the importance of upholding due process in the appointment and removal of public officers, stressing that the position of the Inspector General of Police should be no exception.

    “We are strongly committed to defending the oppressed and victims of human rights abuses. We campaign for accountability, openness in governance, and adherence to due process in the appointment and removal of public officers in the Federal Republic of Nigeria,” Balogun stated.

    Balogun also pointed out that only President Tinubu holds the veto power in the appointment and removal of the IGP, a position currently held by Egbetokun. HURMA stressed that the amendment bill, aimed at extending Egbetokun’s tenure, violates the Constitution and undermines democratic principles.

    “The office of the Inspector General of Police is crucial for the survival of a nation due to the statutory powers it holds over the full command and operational control of the police and its departments. Egbetokun, born on September 4, 1964, is due for retirement in September 2024, having reached the mandatory age of 60,” the group noted.

    HURMA also criticized the National Assembly for its hasty passage of the bill without public hearings, calling the move “self-serving and unpatriotic.” The group argued that Egbetokun should have proceeded on terminal leave and handed over to a credible officer in an acting capacity before the appointment of a substantive Inspector General of Police, in line with the Constitution.

    “It is shocking to witness the overzealousness of the distinguished members of the National Assembly in passing a bill to amend the Nigeria Police Act, 2020, to accommodate the ‘sit-tight’ mentality of Mr. Kayode Egbetokun, despite his reaching the mandatory retirement age of 60,” Balogun remarked. “We have serious doubts about the democratic credentials and loyalty of our lawmakers to the Nigerian people, given the speed with which they passed the amendment bill without public hearings.”

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    HURMA threatened to challenge the law in court if President Tinubu signs it. They stressed the need for seamless succession plans, referencing recent transitions in the Head of Service and Chief Justice positions.

    Meanwhile, Lekan Alabi, a member of the Legal Aid Team, confirmed that an official letter has been sent to President Tinubu regarding the issue, and they are awaiting his response before taking further action.

    “We’ve sent an official letter to the President about our concerns regarding the Nigerian police hierarchy, particularly the position of the Inspector General of Police. This role is very strategic, and we are worried because it is the police who enforce court law and order. If the holder of such an office does not respect due process, it could set a dangerous precedent. Nigerians might start picking and choosing which laws or orders to follow, especially when they see that Mr. Egbetokun, instead of retiring as expected, is exploiting loopholes to remain in office,” Alabi said.

    Alabi further criticized the National Assembly’s rapid passage of the amendment bill, describing it as a “banana republic” approach. He advocated for well-considered laws that prioritize the interests of Nigerians, ensuring their safety, education, and economic activities.

    “We want people to return to their farms, markets, and schools, and for women to move freely without harassment. The police must serve the interests of the people, not individuals,”

  • DSVA develops online preventive tool for children against SGBV

    DSVA develops online preventive tool for children against SGBV

    • By Esther Akapo

    online educational preventive tool for children against Sexual and Gender Based Violence (SGBV).

    The   platform  named “I AM A CHILD” is an online course, curated for children and which gives them access to available resources on SGBV  and other related issues.

    The new initiative is targeted at children within ages five and 12 years.

    It features two beginner courses, “Your Rights as a Child and My Body” and an intermediate course, “My Passport of Rights”

    Head, Public Affairs Unit of the agency, Mrs Adejoke Ladenegan-Oginni, said  the online certified course would assist children to recognize and prevent abuse.

    Mrs. Ladenegan-Oginni, stated further that the initiative is part of efforts by the Lagos State Government to leverage on technology in ensuring that children are equipped with information on how to protect themselves from SGBV  in and around  their environment. 

     “I am a child” is live, hence we implore schools, parents/guardians to facilitate and encourage their wards to take the *Free” courses on the website www.iamachild.org.ng”

    The agency urged parents to take advantage of this resource to educate their children and wards especially during the holidays. 

    Commences support, healing  program for children

    In a related development, the agency through its Psychosocial Department, has commenced an ongoing Support and Healing Group Program for children who have witnessed  “Intimate Partner Violence” in their homes. 

    The program is  aimed at providing a safe, nurturing environment where children can explore their emotions, build resilience, and develop essential coping skills.

     The Executive Secretary DSVA Mrs Titilola Vivour-Adeniyi lamented that children today face a myriad of challenges, from family challenges usually resulting from domestic violence.  

    “The Support and Healing Group Program therefore aims to address these early, helping children develop the emotional tools they need to thrive both now and in the future.

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     “It is an innovative initiative that offers children the opportunity to connect with peers who are experiencing similar challenges and is facilitated by trained clinical psychologists specializing in child psychology and emotional well-being, ensuring that each child receives the care and attention they need”, she said. 

    Speaking about the initiative, the Head Clinical Psychology department, Mrs. Olive Oluwagbemileke stressed that the  program is designed to  run for four weeks, offering consistent support to the children as they navigate their emotional journeys.

    She said the group sessions with over 50 children  are held in a safe, confidential setting where children can express themselves freely without judgment, as it combines therapeutic activities, group discussions, and creative outlets to help children process their emotions and build confidence.

     “Our goal is to create a space where children can heal, grow, and learn to navigate their emotions in a positive and healthy way despite the trauma they have been exposed to at home”, she said.