Category: Law

  • Seven policy review actions the President must take

    Seven policy review actions the President must take

    • By Gbenga Adeoye

    It is important to state that President Bola Ahmed Tinubu is known for making men. Those close to him confirmed that he does not say no to requests for help. He is said to be a giver; perhaps he learnt that from Chief M.K.O Abiola.

    Clearly, he has had his eyes on the seat he occupies today for over 30 years. He worked towards it with all his energy and he built bridges all over the country to achieve that aim.

    That implied preparation and building of bridges across the country is not cheap at all. You need money and time. Emi Lokan slogan (it is my turn slogan) is not just a mere wish. He worked for it over the years. Let no one make mistake about this.

    The implication of the above preamble is that the president has good intentions to make a point that through a Yoruba Man, citizens and the country can get better with abundance, joy and economic boom as expected from Awolowo or MKO if they had become President and of course when OBJ was there Nigeria was great. We know what our people can do. Yes, as a Yoruba man, I Am glad we have such men who understand nation-building. That is who we are though.

    I believe these are his desires and that probably accounts for the RENEWED HOPE AGENDA.

    However, there is a Yoruba proverb that says if we don’t know where we are going, we must know where we are coming from. This going back to where we are coming from is not a sign of weakness but the decision not to go too far in the wrong direction

    Medical practice requires that when advertising drugs, you must add a clause that says, if symptoms persist after two days, consult your doctors. It seems the symptoms have persisted too long in our economy.

    It is time to consult the stakeholders (who are the doctors )so we can jointly take Nigeria out of the current situation.

    Usually, to see the light at the end of the tunnel implies that those who travel under the tunnel will be alive to end the journey and if that assumption fails to be a reality, the light at the end of the tunnel will be of no use to them. 

    Eni ti moto ba gba ko lo ma mu number (Anyone hit by a car is not the one that can describe the car with plate number in evidence). Only those who survived can see the light at the end of the tunnel. That is if there are signs that light exists at the end of our tunnel anyway.

    I therefore suggest a second look at the following policies.

    Danger of naira floating

    Revisit the policy of floating the naira. Currency devaluation is dangerous for any import-dependent nation. Russia tried floating their currency, leaving it for market forces, but they reversed it and today Russia is one of the strongest economies in Europe despite the war with Ukraine.

    Germany once floated their currency and the result was terrible until they fixed same. China once floated their currency and the result was terrible. Today their currency is fixed against the dollar and they are a world power at the rate of about 7RMB to a dollar.

    Exporting countries with a positive balance of trade can devalue their currency against the dollar to attract United States buyers and the world to buy from them. Canada is an example and they will not allow the Canadian Dollar to be stronger than the US dollar because 70 per cent of their exports are sold to the US market…We are not yet there. We should lead all African Countries in terms of currency value.

    Kuwait controls their currency and their currency is stronger than pounds. 1KWD is about $3.279

    In China, $1 exchanges for about 7.16 RMB. The main objective is to sell to the US and the whole world, where the dollar is a means of exchange in most international trade transactions. 

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    At that rate, you are in a better position to buy from China even if you are in the USA as your $1M will become over RMB7m.

    The value of a country’s currency has a lot to say about that country. May we not get to the state Zimbabwe was at a time when a bottle of Coke was selling for over ZWL1m. Before it is too late, let us review this policy.

    If the main reason is to stop round-tripping, that can be controlled through technology and close monitoring of the few entities that are qualified for forex.

    We can then invest in technology to ascertain and ensure that forex obtained is used for the purpose it was given. Those involved in round-tripping are not ghosts or spirit. We should deal with them rather than allow Naira to keep falling.

    Subsidy removal

    There is no country without one form of subsidy or the other. Food, energy etc are subsidised in many countries. It is not logical for a producer to pay the same price for a product as those who do not have the same product. Yam is cheap in Benue because they produce a lot of it. Orange is cheap in Benue because they produce a lot of it. The cow is cheaper in the North than in Lagos because they rear them. Ofada Rice and Adire are Cheaper in Abeokuta than other parts of Nigeria because we produce it in my state. We have other minerals on the ground too.

    Therefore, the Federal Tax rate can be used to take back from big entities what the lowest people in the society enjoy in terms of subsidy in Nigeria.

    I know the president truly wants to end the corruption in subsidies but the policy rather than hurt the big companies and all parties involved in subsidy scams, is injurious to the citizens, especially the poor. Prices will continue to rise if we don’t review the policy.

    Those who receive subsidy payments without importing fuel are not spirits, they are not ghosts and as such, it is not beyond the government’s capacity to catch them and ensure subsidy is not paid on fake documents.

    The effort to ensure that subsidised PMS is not smuggled out of the country through the land borders is not beyond the capacity of the government. The Nigerian Customs is capable of achieving it if given the mandate backed with resources. I have seen efficiency and effectiveness in these guys and I know they are capable.

    In 2012, there was a Presidential Committee on Verification and Reconciliation of Fuel Subsidy Payment headed by Aigboje Aig-Imoukhuede. They identified 21 companies that should refund money to the Federal Government. So, ghosts do not collect subsidy payments with fake papers. Hence, it can be controlled. While we may forget the past issues, we can set new standards now to ensure we do not pay subsidy on exported PMS through land borders.

    Subsidy trust fund

    If the government is unable to reverse the subsidy removal because of the difficulty in blocking the leakages therein, then a Subsidy Trust Fund should be created like PTF for intervention programmes.

    Through this Subsidy Trust Fund, solar power projects can be embarked upon. Interventions such as the creation of ranches and clusters, fertilisers, and farm implements among others can be provided.

    Primary Health Care interventions can be handled from STF. Funding of buses and rail lines. Primary school projects to ensure everyone is in school; especially in the North.

    Interest rate as a major weapon to control inflation

    This is dangerous for business. It will make foreign entities take over all sectors over time. If a Chinese businessman gets loans at say five per cent from China, he will have leverage over a Nigerian who gets the same loan at 30 per cent.

    For example, $1m from China at five per cent will imply that his $1m will become like N1.6b and even with that exchange rate, he will only pay N80,000,000 interest per annum. If a Nigerian gets the same N1.6b, annual interest will be N480,000,000 at 30 per cent.

    Same market, same product, with cost of funds, the Nigerian businessman will be pushed out of business over time. Where would you pass the extra cost of funds to?

    Devaluation of currency and high interest rates is a step in the wrong direction in my considered opinion and the CBN should review this as the signs are not good when businesses owned by Nigerians are compared with those owned by Chinese or other foreigners.

    National security and state policing

    On this, the FGN does not require any admonition. Even the blind and the deaf know no farmer will go to a farm without assurance of security.

    The President and all the Military Chiefs know this and I think the strategy should be to deal with those sponsoring the killers of farmers. More policemen should be recruited and farmers should be assured that they are safe.

    Farm settlements owned by states should be revived and I am glad the FGN is looking at that. Clusters should be created in each local government based on what we can grow in each state.

    Make it a crime for any child in the North and all other parts of the country not to go to school. The recent protest and outcome clearly show direct correlation between uneducated hungry people and violence aimed at looting.

    Most of the people that cause crises or engage in looting with just a little chance like protest and so on are people who do not have good education and means of livelihood.

    State policing should not just be a mere paper discussion, it should be implemented as fast as possible.

    Restructuring for effectiveness

    If there is anyone who understands the benefit of a regional system of Government, Asiwaju Bola Ahmed TINUBU is No 1.

    He was Governor of Lagos State with the mindset of making it a self-sustaining state. Lagos in deed is ahead as a state that can stand alone.

    Most of the states that refuse to think out of the box are unserious because they know their father ( FGN) will give them money monthly. Even though the money has no effect.

    I discovered that most of the states that are serious about IGR in a way invest in development while states without serious IGR do squander or waste what they get from their father (FGN).

    Some people have said that as soon as allocation is released by FAAC to such states: pressure in the forex market increases. Maybe they are right. Like J.F Odunjo said and I quote first in Yoruba; oun ti a ko ba jiya fun ki pe lowo eni (what you don’t work for do not last in your hands.) Let us find a way of rewarding sub nationals that are serious.

    Reform National Orientation Agency

    I see the level of ignorance in people who cut off railings on bridges. I suspect they lack knowledge. Poverty is not the only problem but economic power will solve 80 per cent of the problem.

    National Orientation Agency needs to promote patriotism on radio, motor parks, marketplaces, villages and cities.

    Rejig the cabinet

    Some people have the ambition to add to their CV that they were former ministers. They have achieved that. Time to go home. We can’t allow non-performing guys anymore.

    I think it will not be too good to have people still remaining in the cabinet if they cannot perform, there must be Key

    Performance Index.

    These are the kind of cabinet members that will deceive the president that all is well with all our policies when they are not even adding any value.

    One Major thing I love as a Lawyer and Chartered Accountant is a contract that is based on milestones. If you like, speak all the grammar, you will not get paid if you do not complete each stage as stipulated in the contract.

    To remain as a Minister after every six months, there must be an appraisal of performance known to Nigerians. They must tell us in clear terms what they are doing. I call it Accountability Week -the 1st to 7th of every month. Tell us what happened last month, so we know if we should clap for you or fire you as a minister.

    Conclusion

    It is important to review the above policies if we want different results.

    If need be, let us look around even among the opposition and harvest the best brains to find solutions to our problems

    We can all be sincerely and honestly wrong. What we then have to do is try other means of solving our problems if the methods and policies we are using at the moment are counterproductive.

    Some wicked people want the economy to have problems till 2026 so they can use it to campaign but with or without such people in existence, the President must review current policies as the focus should be citizens first.

    Lastly, there is a Yoruba Proverb that says: Ti ina oba tan lori, eje kii tan leekana.

    It simply could mean that as long as the problem persists, agitation and tension will remain. The symptoms have persisted; we need to see the doctor.

    The drug advert simply means we stop using the drug to take doctor’s advice.

    In medicine, the doctors will tell you negative drug-drug interactions can cause serious problems and that may account for why you did not see changes in your health, and then they tell you to stop the medication and see your doctor.

    I suspect that the interactions between interest rate, Naira Floating and Subsidy removal are not interacting in the best interest of the people and it is never too late to sit down and review. Let’s try something else for 90 days and see the result.

    I love my country and I want the President to succeed, please don’t listen to those people saying all is well sir. Try something different for 90 to 180 days. God bless Nigeria.

    • Dr. Adeoye, a lawyer and chartered accountant, holds a Master’s Degree in International Business Law from the University of London. He holds a PhD in Management Accounting and is an Arbitrator in the UK and Nigeria. He is an advocate of good governance in Africa and Nigeria.

  • In Ogunlana, Nigeria lost a trailblazing gem of a fighter

    In Ogunlana, Nigeria lost a trailblazing gem of a fighter

    • By Joseph Otteh

    Sustaining a fight to hold the Judiciary accountable and ensuring that judges deliver their services uprightly is no walk in the park. It often requires gust, hard determination, courage and a bit of flintiness, particularly with respect to a Judiciary steeped in a long-ingrained sense of invincibility and impunity. Unfortunately, but without meaning to tar everyone with the same brush, a huge slice of the body we call the Nigerian Judiciary functions that way. As Franck Kuwonu said, fighting the Judiciary requires muscles. Adesina Ogunlana had muscles.

    Ogunlana’s early activism was directed towards breaking the silence around the corruption, misconduct and indulgence that had come to define the way the delivery of justice services was done in Lagos State.

    Through the publication of The Squib, Ogunlana confronted the Lagos judiciary, subjecting it to the kind of scrutiny it possibly had never encountered before.

    He began reporting on corruption within the court system, identifying and naming corrupt judges and court officials, monitoring and reporting on when judges sat and rose, as well as the inefficiencies of the justice delivery system. American Supreme Court Justice Louis Brandeis said some time ago that “Sunlight is said to be the best of disinfectants.”

    Ogunlana brought sunlight to bear over a system that had become too accustomed to silence and complacency, pretension and dysfunction. But he was walking into a hornet’s nest!

    He hardly started when opposition and persecution came. The question is often asked: “Who judges the judges”?

    The Lagos Judiciary did not believe that Ogunlana had the right to call out judges – of all people!!! – or subject them to the judgment of others, and, worse still, that Ogunlana could have the nerve to circulate The Squibmagazine within its court premises.

    In November 2001, the Chief Judge of Lagos State at the time banned the sale of The Squib within the premises of the court, stating, as Ogunlana reported, that it was making her judges uncomfortable.

    Ursula K. Le Guin wrote: “Injustice makes the rules, and courage breaks them.”

    Ogunlana was not lacking in courage and he broke the rules. Following the Chief Judge’s directive, officials of the Lagos High Court told Ogunlana he could no longer circulate The Squib within the premises of the High Court. As Ogunlana himself would later state in an interview with The Justice Observatory Journal, his answer to the Chief Registrar (“CR”) at that time was short.

    He asked her (CR): “Are other papers still selling? She said ‘yes’. I said, tell the CJ that I am going to disobey the directive; being arbitrary, it is illegal”.

    The premises of the court, he said, were not the CJ’s private property.

    He would later be manhandled by the police officers, who were called in by judicial authorities, on account of his insistence on carrying on with his crusade within court premises.

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    “I am not going to back off,” he said. “I am tired of this corruption. My magazine is just [a] reaction”.

    He was ultimately vindicated and was allowed to continue his important advocacy work.

    Ogunlana possibly set the precedent for court monitoring activities in Nigeria, and many other similar initiatives have drawn from that inspiration.

    Nigeria’s Judiciary has, I believe, largely gotten over the hangover of its judges being monitored by civil society, many thanks to the path-breaking activism and indomitable courage of Adesina Ogunlana. He had spoken “truth to power”.

    But Ogunlana’s exertions went beyond campaigning for judicial integrity and accountability; he was also a strong voice for good governance and, as Chairman of a local Bar, used his leverages to fight against exploitative or oppressive policies, and to hold government to account for human rights violations.

    Ogunlana was also a mobiliser and led lawyers to use professionally unorthodox ways to press for change.  

    Ogunlana’s passing will be painful for those who long for a new Nigeria whose social order would indeed be, in word and deed, and as the Constitution says, based on ideals of equality, freedom and justice.

    Ogunlana strove for a Nigeria of freedom, equality and justice, and refused to be civil, idle or neutral to any system he considered oppressive or unjust.

    Like many of us, legal training could mostly have prepared him to fight for a client’s interest.

    But it takes something more to make that tectonic shift from an exclusive “client” lawyering practice to “cause” lawyering activism; from the social and political neutrality of law to fighting for ideological social justice causes.

    In the chambers of the late Chief Gani Fawehinmi was a framed portrait of Nigeria’s first lawyer, Christopher Sapara-Williams and the words he spoke: “The legal practitioner lives for the direction of his people and the advancement of the cause of his country.” 

    I think this was also Ogunlana’s philosophy of lawyering for he put all his professional life to advancing the cause of transparency, accountability and good governance in this country, and died fighting.

    Within the context of a largely conservative profession, his advocacy and methods could be considered revolutionary. Naming and shaming judges and yet conducting cases before them, leading lawyers in street protests, and confronting the impunity of murdering protesters, Ogunlana put law to work in the service of his country.

    This “revolutionary” stripe of activism is what many say is now desperately needed in today’s world in order to confront growing injustice and exploitation.

    As William P. Quigley, of the Loyola University New Orleans School of Law has stated: “If we are going to transform our world, we need lawyers willing to work with others toward a radical revolution of our world. We need no more lawyers defending the status quo. We need revolutionaries.”

    In many ways, Adeshina Ogunlana was such a revolutionary. We will dearly miss him.

    • Otteh is a lawyer

  • LPDC delists four lawyers for alleged misconduct

    LPDC delists four lawyers for alleged misconduct

    The Legal Practitioners Disciplinary Committee (LPDC) yesterday struck out the names of four lawyers from its list of legal practitioners in the country.

    A statement by the National Publicity Secretary of the Nigerian Bar Association (NBA), Akorede Lawal, said the LPDC found the three lawyers guilty of various professional misconducts and were, therefore, appropriately sanctioned.

    The statement said the affected legal practitioners have been banned from practising for various numbers of years.

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    They were also directed to refund various sums to their petitioners.

    The statement said Abikoye Opeyemi Timothy (SCN034372) was ordered to be struck off the Roll of Legal Practitioners and ordered to refund N2,359,000 to the petitioner.

    Jonathan Chinedu Nwagwu (SCN052392) was suspended from engaging in legal practice for three years starting from April 24 and ordered to refund N1,943,043.70k to the petitioner.

    The third lawyer, Edward Oseghale (SCN073464) was suspended from engaging in legal practice for two years, from May 8, 2023, while Cyprian Obiora Ifeanyi Agwuna (SCN005675) was suspended from engaging in legal practice for two years, from February 20, 2024.

    The statement advised members to take note of the LPDC’s directive.

  • The law, bar, society

    The law, bar, society

    Text of the lecture delivered by Adeyinka Kotoye, SAN, at the 2024  Law Week of the Ijebu Ode Branch of the Nigerian Bar Association

    The law, bar, society

    The lecture will be divided into three sub areas as shown in the topic and at the end of the exercise, we will be able to see how several actors at the bar, in the past, had used the instrumentality of the law to influence the society. We will also highlight, how those of us, who are the current actors at the bar, can and should use the instrumentality of the law to influence our immediate society, especially now that there are so much uncertainties.

    The Law

    Contrary to the general opinion, that the first set of laws, were as handed out to Moses at Mount Sinai and as are contained and/or illustrated in the Old Testament, I am of the humble view, that the terrestrial as we know it now, was actually brought into being by a decree. Irrespective of the religion or philosophy that we subscribe to, the story of creation is nearly similar in all the narratives. The commands as are contained in Genesis 1, starting from verses 3 to 14, are actually in the form of a decree. By specific commanding instructions, God commanded light, into being, at verses 6 and 7, separated what we now know as the earth from the sky, at verse 9, decreed water to come into existence and at verse 14, decreed day and night to come into being. Throughout the gamut of Genesis 1, we see a single individual decreeing things into being, including human beings and at Genesis 2 verses 16 and 17, God gave a prohibitive order of what Adam and Eve should eat and what they should not eat. That is, as I said earlier, the first incident of a law maker at work.

    This narrative, is similar to what we have in the Torah, as well as the Hadith, where under the Islamic religion, the laws and sayings of the Prophet Mohammed (SWT) have been codified. It is also part of what forms the tenet of the African Religious System. The Ifa Corpus, ie the “ejiogbe”, the Ogun Injunctions, the Obatala Prohibitions and Admonitions, are all predicated on the philosophy of “Dos” and “Don’ts”, taboos etc. They might be informal, but they represent a set of lexis pursuant to which a society is organized, administered and governed. In the early chapters of Genesis, we see God organizing the first written or known society/community. This appears to me, to be the diverging points with those who believe the Evolution Theory and those who believe in the Big Bang Theory. Whichever Schism you choose to believe, one thing is constant; there was a community and/or a society.

    Evolution Theory

    The Evolution Theory said man evolved from apes. Apes and other forms of higher mammals lived a communal life in a community as a society. They had laws that regulated their conduct. The existence that was brought into being by the Big Bang Theory, in whatever form it might be, also operated in a communal setting, a form of a society. They had laws, rules and regulations, even though they weren’t so codified and well laid out. Therefore, laws, codes, statutes, injunctions, regulations had been part of human existence from time immemorial. The first set of codified laws, at least as the theologians have made us to believe in this part of the world, is as contained in Exodus Chapter 20 verses 2 – 17 and they are what is called “The Ten Commandments”. In our traditional setting, our laws as are contained in the various proverbs, taboos, prohibitions, practices, “ise”, “ewo”, etc, and the essence most importantly, is to either prohibit the doing of a thing and/or give consequences for the doing of such a thing. For instance, the Yoruba saying, “Enitoba she nkan ti enikan o sheri, oju e a ri nnkan ti oju enikan o ri ri”. Meaning, if you attempt to do the outlandish, you will suffer the great consequence.

    Fair Hearing

    We also have our own form of Fair Hearing. The saying –“A gbo ejo enikan da, agba osika”, is rooted in the Latin Maxim – äudi altarem partem”. This is what has informed all the various sets of laws, right from the days of the canonical laws, whence the Roman Laws are derived from and which form the basis of our present set of codified laws historically. Whether we are talking about the various constitutions, written and unwritten, the bills of rights, the several conventions, the idea is always rooted in how the society intends to organize itself, govern itself, administer itself and relationship with each member of the society. Afortriori, whether in the field of Medicine, Engineering, Administration, Politics, Education, Teaching, Business or any other form of human endeavor/activity, law does not only play a prominent role but is the actual bedrock of such an activity. This is why law was the first profession in the Bible. Adam was the first advocate in Genesis 3 verses 9 – 12, when he advocated and exonerated himself from the sin committed with his wife and probably, this was one of the reasons why he got away with a lesser punishment unlike Eve that was banished into a life of perpetual servitude.                             In Deuteronomy, Moses also appointed the first set of Judges, and at Proverbs chapter 21, verse 15, the author said those judges derive joy when they do justice.

     The Bar

    Under this subhead, we will examine the evolution of the English Bar, the Canadian bar, the American bar, the Australian bar, the South African Bar as well as the Nigerian Bar and illustrate the contribution of some of the actors in the various Bar to the development of their different societies.

     These six Bars, were chosen randomly because of their relative historical linkage and background to the English bar. They all are, also common law jurisdiction. With the slight exception of the South African Bar, all the others had their early actors trained as English lawyers most especially the first known lawyer in Nigeria, late Christopher Alexander Sapara Williams, who was enrolled to practice on the 30th of January, 1888.

    The English Bar

    The evolution of the English Bar is deeply intertwined with the development of its legal system, reflecting changes in society, governance, and the law itself. Its early development could be traced to the medieval period. The term “Bar” in the real legal context is often traced to the medieval court rooms. This is as described by the legal historian Sir William Holdsworth in his seminal work “A History of English Law” (1903-1912)1.  The origin of the English Bar dates back to the 12th and 13th centuries when the common law began to develop. The establishment of the King’s courts (Curia Regis) necessitated the need for professional legal representation. The various Inns of Court, which emerged in the late 13th and early 14th centuries, played a crucial role in the education and regulation of lawyers. The four main Inns—Inner Temple, Middle Temple, Lincoln’s Inn, and Gray’s Inn—became the training and licensing bodies for barristers.In the 16th to 18th centuries, the need to formalize and regulate the Bar became more apparent due to the increase in the activity of members of the Bar. Therefore, during the Tudor period, the legal profession became more formalized.

     The Inns of Court developed a structured system of legal education, including readings, moot courts, and dining requirements. By the 16th century, the distinction between barristers (advocates) and solicitors (agents who prepare cases), became more pronounced. Barristers were called to the Bar by their Inns after completing their education and pupillage2.These reforms continued in the 19th and 20th century. Legislations such as the Judicature Acts of 1873-1875, which reorganized the court system and aimed to simplify legal procedures came into existence. Such regulatory framework which sought to establish the legal profession were also put in place.

    Bar Council

     The formation of the General Council of the Bar (Bar Council).in 1894 marked a significant step in professionalizing and regulating barristers. The Bar Council set standards for practice and discipline within the profession. However, becoming a barrister still required membership in an Inn of Court and completion of the Bar examinations and pupillage.In the 20th century, modernization and inclusion became the order of the day. 

    The Sex Disqualification (Removal) Act 1919 allowed women to become barristers, and the first woman was called to the Bar in 1922.                                  

      In the 1960s and 1970s, several reforms aimed at increasing accessibility and diversity within the legal profession came into being. For instance, the Bar Council introduced numerous initiatives to promote equal opportunities and address discrimination and this continued till the 21st century.

     Canadian Bar

    The history of the Canadian bar is a fascinating journey reflecting the evolution of its legal system, shaped by colonial influences, constitutional developments and societal changes. Its early development could be divided into both the Colonial Era and Pre-Confederation Era. Like the Nigerian legal system, the Canadian legal system partly took its origin from the English common law, while also some other parts especially those colonized by France, adopted the French civil law.

    The Canadian legal system is divided into Upper Canada (Ontario) and Lower Canada (Quebec). Upper Canada was influenced by the British legal traditions and early legal practitioners in Upper Canada were often trained in England. They were admitted by the Law Society of Upper Canada, established in 1797 to regulate the legal profession and maintain professional standards, while Lower Canada retained the French civil law system following the British conquest in 1763.

    The Law Society was pivotal in shaping the early legal profession in the province. For instance, the confederation and legal unification which took place between 1867 and the 20th century, led to the formation of several law societies. After Confederation in 1867, the Constitution Act of 1867 (formerly known as the British North America Act) established Canada as a federal dominion. Each province established its own law society to oversee the regulation of legal practitioners.

    Law Society of Upper Canada

    The Law Society of Upper Canada (now the Law Society of Ontario) continued to play a significant role, and similar bodies were established in other provinces.    ..m In Quebec, the Barreau du Québec, established in 1849, continued to regulate the profession post-confederation, maintaining the distinct civil law tradition of the province.

    However, the legal profession underwent a process of unification, with the emergence of national legal bodies and standards.

    Federation of Law Societies of Canada

    The establishment of the Federation of Law Societies of Canada (FLSC) in 1926 was a significant step towards creating uniform standards and fostering cooperation among provincial law societies. Each Canadian province has its own Bar association and law society responsible for regulating the legal profession within its jurisdiction. Provincial Bars oversee admission to the legal profession, professional conduct, and disciplinary matters. The early 20th century saw a movement towards standardizing legal education and admission requirements across Canada.

    Law societies began to require formal legal education, moving away from the apprenticeship model that was prevalent in the 19th century. By the mid-20th century, the legal profession in Canada had become more structured and standardized. The National Committee on Accreditation (NCA), established by the Federation of Law Societies of Canada (FSLC), assesses the qualifications of foreign-trained lawyers and Canadians with non-Canadian law degrees, ensuring they meet Canadian standards. The legal profession saw increased professionalization, with the requirement of law degrees from recognized universities and successful completion of bar examinations becoming standard across all provinces. Professionalization of the bar led to the adoption of standardized licensing examinations and continuing legal education requirements8, with a growing emphasis on Continuous Professional Development (CPD) for practicing lawyers.

    Law societies across Canada mandate CPD hours to ensure lawyers remain competent and up-to-date with legal developments. Specialization within the legal profession has increased, with many lawyers focusing on niche areas of law. This has led to the formation of specialized legal associations and certification programs, enhancing the expertise and service quality within the profession. There is also an increase in diversity and inclusion. The modern Bar in Canada is increasingly focused on promoting diversity and inclusion within the profession. Initiatives by law societies and legal organizations aim to address historical inequities and ensure that the legal profession reflects the diversity of the Canadian society. Efforts to improve access to justice and provide legal services to underserved communities have also become central to the mission of law societies across the country.

     American Bar

    The history of America’s Bar is a rich tapestry of constitutional principles, legal precedent, and institutional development. The legal profession in America traces its roots to the colonial period, where legal practitioners often received informal training through apprenticeships or by studying law books imported from England.

    The American legal profession was heavily influenced by English legal traditions. Many early American lawyers were trained in England or learned the law through apprenticeships with practicing lawyers.

    The legal profession was not highly formalized, and the requirements to practice law varied widely among the colonies.

    The American Revolution and the establishment of the United States led to the development of new legal institutions and principles. Influential documents such as The Declaration of Independence (1776)12 and The Constitution of the United States (1787), including the Bill of Rights and subsequent amendments were ratified. After the American Revolution, there was a push to develop a distinctly American legal system. Law schools began to emerge, and the first law professorship was established at the College of William & Mary in 1779.

    The formation of Bar associations played a significant role in setting standards of professional conduct thereby regulating the profession, promoting legal education, and providing networking opportunities for lawyers.

    State governments began to regulate the legal profession more closely, setting requirements for admission to the Bar and standards of professional conduct. This contributed to the professionalization of the legal profession.

    New York City Bar Association

    The first bar association, the New York City Bar Association, was established in 1870.

    The American Bar Association

    The American Bar Association (ABA) was founded in 1878, providing a national organization to oversee the profession.

    State Bar associations began to implement formal licensing requirements, including Bar examinations, to ensure the competency and ethical conduct of lawyers.

     South African Bar

    The evolution of the South African Bar is also marked by its historical context, from colonial influences to the modern-day system. Its early development can be traced to the influence by Roman-Dutch law, introduced by the Dutch settlers of the Dutch East India Company during the Dutch colonial period in the 17th century. It was informal, with few professional legal practitioners and no formal legal education within the colony.

    This legal tradition formed the basis of the legal system in the Cape Colony and the system continued to influence the legal profession even after the British took control in the early 19th century. The British took control of the Cape Colony in the early 19th century, introducing English common law and legal practices. The British colonial administration introduced English common law principles, leading to a dual legal system. The dual system of Roman – Dutch substantive law and English procedural law began to develop. The first law practitioners were often trained in England, and the practice of law began to be formalized with the establishment of courts and legal procedures modeled after the British system. However, lawyers trained in either Roman-Dutch or English law could practice, creating a unique hybrid of legal framework.

     The South African Bar Association

    The formation of the Union of South Africa in 1910, brought together the legal traditions of the former colonies, as it brought further consolidation and unification of the legal system. The legal profession became more organized, with the establishment of Bar associations in major cities. The South African Bar Association was formed to represent the interests of barristers, known as advocates, who had traditionally followed the British model of legal practice.

    The Cape Law Society

    The Cape Law Society, formed in 1900, played a significant role in regulating the legal profession in the Cape Colony. Similar organizations emerged in other regions to oversee the admission, practice and discipline of legal practitioners.

    During the apartheid era, the legal profession was heavily influenced by the regime’s policies. Many laws and legal practices were implemented to uphold the apartheid system.

    The apartheid regime implemented laws that restricted non-white individuals from practicing law, significantly impacting the composition and regulation of the legal profession.

    The General Council of the Bar

    The General Council of the Bar (GCB), established in 1946, became a central body for advocates, while attorneys were regulated by provincial law societies. Despite the repressive political environment, members of the legal profession played a crucial role in challenging many apartheid laws and defending political detainees and activists.

    Such individuals like Nelson Mandela, Thambo Mbeki and George Bizo, played active roles, as lawyers, during the apartheid struggle. The end of apartheid in 1994 and the establishment of a democratic government marked a significant shift towards democratizing and transforming the legal profession.

    Efforts were made to diversify the Bar and make it more representative of South Africa’s demographics. The new Constitution of South Africa (1996) enshrined human rights and the rule of law, profoundly impacting the legal profession.

    Australian Bar

    The history and evolution of the Australian Bar reflects the broader development of the nation’s legal system, shaped by its colonial past and the gradual establishment of its own legal identity. The Australian legal system also originated from English common law, introduced during the colonial period in the late 18th and early 19th centuries. The first fleet of ships in 1788 brought British legal traditions and legal professionals to Australia. The initial legal practitioners were often British-trained solicitors and barristers, who played multiple roles due to the nascent state of the colony.20 The first Australian-born barristers began to emerge in the mid-19th century, reflecting the gradual development of a local legal profession.

     By the mid-19th century, law societies were established to regulate the profession.

    Law Society of New South Wales

    The Law Society of New South Wales, founded in 1842, was among the first. Following the federation of Australia in 1901, each state retained its legal system but began to unify standards and practices. Law societies and Bar associations in each state played crucial roles in regulating the profession.22 The 20th century saw the increased professionalization and regulation of the legal profession.

    Australian Bar Association

     The establishment of the Australian Bar Association (ABA) in 1963 provided a national body to represent barristers and unify the profession across states and territories. Admission to practice law required completing a law degree and practical legal training, followed by admission to the Supreme Court of the respective state or territory. Law societies and bar associations in each state and territory played key roles in regulating admission to practice, maintaining professional standards, and disciplining members.

    Legal Profession Uniform Law

    The modern era witnessed an increased effort to create a more unified national legal profession which culminated in the Legal Profession Uniform Law, which was implemented in New South Wales and Victoria in 2015. This law aims to harmonize the regulatory framework across states and territories, establishing common standards for legal practice, admission, and professional conduct. The Uniform Law has been considered for adoption by other states and territories, reflecting ongoing efforts to create a more unified national legal profession.

    The Legal Services Council oversees the implementation and administration of the Uniform Law, promoting consistency and fairness across jurisdictions.

    Nigerian Bar

    The history of the Nigerian Bar is deeply intertwined with its colonial past, post-independence developments, legal reforms, and the evolution of its legal system. The legal profession in Nigeria during the colonial era was heavily influenced by British common law principles and institutions introduced during the British colonial rule which began in the mid – 19th century.

    The British introduced English common law and legal institutions to the colony. The first formal legal practitioners were British – trained lawyers who practiced in the colonial courts. Legal practice during this period was dominated by expatriates.

    The Supreme Court Ordinance of 1863 established a formal court system in the Colony of Lagos, which was later extended to other regions.

    Native courts were also established to handle cases involving indigenous laws and customs, creating a dual legal system.26 The legal profession began to grow with the establishment of more courts and the expansion of legal practice. The first Nigerian lawyers were called to the English Bar and returned to practice in Nigeria.

    Formation of the Nigerian Bar Association (NBA)

    The formation of the Nigerian Bar Association (NBA) in 1933 marked a significant milestone in the organization and regulation of the legal profession.

    The NBA sought to represent the interests of lawyers and uphold professional standards.With Nigeria’s independence in 1960, leading to significant legal reforms, the constitution of 1960 and subsequent constitutions laid the foundation for a legal system that combined English common law with Nigerian customary law. There was a push for indigenous representation within the legal profession.

     The Legal Practitioners Act of 1962, established the framework for the regulation of the legal profession, including the creation of the Body of Benchers, responsible for admitting lawyers to the Nigerian Bar. Notable Nigerian legal figures emerged, including: Chief Obafemi Awolowo SAN, a prominent lawyer and nationalist leader, Chief Rotimi Williams SAN, a distinguished legal practitioner known for his advocacy.

     Legal reforms were initiated to indigenize the legal profession and establish regulatory bodies. This included the creation of the Nigerian Law school which was established in 1962 to provide training for law graduates. Completion of the Law School and passing the Bar Examination became mandatory for admission to practice law in Nigeria. This development marked a significant step towards the professionalization and standardization of legal education and practice in Nigeria. The Legal Practitioners Act of 1962 established “the Body of Benchers.

    The Society

    In this section, we will highlight how the contributions of members of the several Bars discussed above used the instrumentality of the law to influence their societies. For instance, several American lawyers and by extension, the American Bar Association, played active roles in the Civil Rights Movement. Their legal activism led to the promulgation of such legislations like the Civil Rights Act of 1964, the Voting Rights Act of 1965. Supreme Court decisions such as Brown v. Board of Education (1954) and Roe v. Wade (1973), which had just been overturned in 2022. Those two pieces of legislation and the two cases among others, still play significant roles in shaping several government policies within the American society. The debate around pro – life, pro – choice, LGBTQ, immigration and several policies formulated by different states in America have their roots in those legislations and the decisions of the Supreme Court. Arising from the above, is also the issue of diversity and inclusion and the American Bar, leading in that regard, has formulated several policies, with increased opportunities and which had opened doors for minorities and women to participate and be active at the Bar. The Canadian Bar, had also followed these footsteps, with the National Committee on Accreditation (NCA), established to assess the qualifications of foreign – trained lawyers and Canadians with non – Canadian law degrees, ensuring they meet Canadian standards. This has occasioned an increase in occupational migration, diversity and inclusion. The same could be said of the South African Bar, which in its post – apartheid era, made efforts to diversify the Bar and make it more representative of South Africa’s demographics. The Legal Practice Act of 2014, was a landmark piece of legislation that unified the legal profession, creating a single regulatory body for both advocates and attorneys—the Legal Practice Council (LPC). This body was established to oversee the profession and ensure compliance with new standards. The LPC aims to ensure fair access to the legal profession, uphold high standards of professional conduct and protect the public interest. Efforts to promote diversity within the legal profession have been central to the post – apartheid transformation. Initiatives to increase representation of historically disadvantaged groups have been implemented. Access to justice has also been a focus, with legal aid and public interest law organizations working to ensure that all South Africans exercise their legal rights. In Nigeria, the period of military rule from 1966 to 1979, and from 1979 to 1998 posed serious challenges to the independence of both the bar and the entire judiciary. The citizens witnessed high level of repression and intimidation from the various military junta, simply for advocating and or fighting against human rights abuses and government excesses. Out of all the three arms of government, it’s important to note that, it’s only the judiciary that survived the military onslaught of that period and thanks to jurists like late C.O Oputa, Kayode Eso, who in several judgments, put the imprimatur of the law to bear and stood their grounds.

    In this connection is also a judge, like Justice Jinadu of the Lagos State High Court, who courageously resigned from the Bench, when his orders were flouted by Chief John Odigie – Oyegun, who was then the permanent secretary in the Ministry of Defence. Chief John Odigwe – Oyegun, subsequently became an elected governor of the old Bendel State, under the ill – fated transition program of IBB between 1990 to 1993. The same John Odige – Oyegun, became the first chairman of the present ruling party, the All Progressives Congress (APC). Permit me the indulgence, to use the character mentioned above as an analogy of the consequences of the fraudulent and adulterated presidential system which we currently practice. However, it is not all that gloomy. We have had members of the Nigerian Bar who had contributed immensely to the Nigerian society. In the area of advocacy and legal representation, we have erudite advocates like late Chief FRA Williams, late G.O.K Ajayi SAN, Kehinde Sofola SAN, Chief Afe Babalola SAN, Chief Wole Olanipekun SAN. In the area of constitutionalism, law reports and policy development, we have had giants like late Professor Ben Nwabueze SAN, late Professor Jelili Omotola SAN, Professor Smith SAN, Prof Itse Sagay SAN. In the area of Advocacy for Human Rights and Social Justice, we have the likes of late Gani Fawhinmi SAN, late Kanmi Ishola Osobu, Chief Femi Falana, SAN etc. In the area of solicitor’s work, commercial litigation, corporate practice, commerce and other forms of advisory services, we have wealthy lawyers like late Chief Adeyemi Lawson, late High Chief Chris Ogunbanjo, Mr. Akin Oyebode, etc. I also commend to this body the career path of this generation of bar leaders; Mrs. Hairat Ade – Balogun, Professor Yemi Osinbajo SAN, Mr. Femi Falana SAN and Olumide Apata. I do not intend to go into their biographies, because I know that they are contemporary lawyers like you and I and whom I hold in high esteem.

    Conclusions and Recommendations

    It will be improper for me to conclude this lecture without offering my own humble suggestion on what, in my view, the Nigerian Bar Association, starting from the Ijebu – Ode branch, should include as part of its objectives in advocating for a better society. This is moreso, given the unending debates and discussions, about how to organize our federal system, govern and administer ourselves as a society. This debate has become so germane because, we all agree that our present system of Federalism cannot work. The only point of divergence is about the approach to resolve that issue. While some believe in what is called restructuring, some others believe in devolution of powers and or decentralization of authority. Some also advocate that we should revert to a regional system of government. I am also of the view that, the members of the Nigerian bar, especially its leading lights and by extension, the leadership of the NBA, cannot afford to be an onlooker, in the discussion. As mentioned earlier, whilst discussing the contributions of members of the Bar, in other jurisdictions, the NBA, is too important, in the scheme of things, to remain silent and not participate in the debate. We should actually take the lead. Whichever school of thought, I am of the further view that the three points highlighted below, can be a starting point.

    Decentralization of our Judicial System.

    We must decentralize our judicial system. What we have now is quasi unitary in nature. Sections 271 (1 & 2), 276 (1 & 2), 281 (1 & 2) of the constitution, dealing with the appointment of the Chief Judges and High Court Judges of a state, Grandi Khadi and members of the Sharia Court of Appeal of a State, President and Judges of the Customary Court of a State, are anachronistic in nature and a complete aberration to the fundamental principles of Federalism.

    By vesting the power of recommendation in a bohemian body known as the National Judicial Council, it has completely eroded the status of each State, as an independent entity/unit in a federating structure. Secondly, it also limited the ambit of the legislative authority of the various Houses of Assembly, on such matters as provided for at Sections 270 (2) (b); 275 (2) (b) and 280 (2) (b). This is moreso, given the composition and powers of both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC) at Paragraphs 12, 13, 20 and 21 of the 3rd Schedule of the Constitution. Furthermore, I see no reason(s) why states should not be allowed to develop their own Appellate structures, similar to what we used to have in the defunct Western region. Matters covered at Sections 241 (1) (a – f), 242 (1 & 2), 248, 254 (a – f), 260 – 269, should be within the purview of the state, except where it involves the Federal Government. Two or more states, may agree, by way of a memorandum, to establish a joint appellate structure. A region or a zone, like the south west, may also undertake this jointly. This is one sure means of reducing the burden of the different Appellate Courts workload.

    Devolution of Powers Down to the Local, State governments

    I have tried in vain, to understand the reason(s), why matters like Aviation, Bankruptcy and insolvency, Banks, borrowing of money within Nigeria, Construction, Copyright, Designation of Securities in which trust funds may be invested, Election to the office of Governor and Deputy Governor and any other type to which a person may be elected under the constitution, evidence, fingerprints, identification and criminal records, fishing and fisheries, incorporation, regulation and winding up, insurance, labour, mines and minerals, patents, trademarks, trade or business names, industrial designs and merchandise marks, pensions, police, prisons, public holidays, railways, stamp duties contained at Items 2 – 7, 11, 13, 19, 22, 23, 28, 29, 32 – 34, 39, 43 – 46, 48, 51, 55, 58 – 67, are included in the exclusive legislative list. I believe that they should be made concurrent, so that states may also have powers to go into those areas too.

    For instance, provision of rail services has the potential of increasing economic activities, generating income and increasing the employment rate, if states are allowed and encouraged to provide same within their territories. Two or more states or a zone like the South West, may thereafter make arrangements to link each other by train. This will also enhance migration of labour and increase mobility. The rate of commerce will increase and so on. 

    Reform of Electoral Process

    Our electoral process at the moment is designed to operate from top to bottom. I am of the humble view that it should be from the bottom to the top. I suggest that we revert to the electoral cycle of 1998, during which the first election conducted was that of the local government, followed by the Gubernatorial and various states Houses of Assembly election which held on the same day, whilst the Presidential and National Assembly elections that also held on the same day, was used to conclude the process. I have read some news item, where it is reported that some top government functionaries, in this administration, have proposed that the election into all the 774 local government councils, be conducted by INEC. I totally and wholeheartedly disagree with this suggestion. It is not only retrogressive but also a complete anathema to the avowed principle of Federalism, anywhere in the world. As a matter of fact, the appropriate thing is that, each state, should have its own electoral laws, that will regulate/govern all its electoral processes, including Gubernatorial and Houses of Assembly election.

  • A celebration of love, leadership

    A celebration of love, leadership

    On July 13, the legal community witnessed the exchange of vows between the National Welfare Secretary of the Nigerian Bar Association (NBA) Chinyere Obasi and her heartthrob, Dr. James Ofem.

    It was not just a union of hearts but a grand celebration within the NBA family.

    The reception at the Nigerian Law School on Victoria Island, Lagos, was elevated by the presence of NBA President Yakubu Maikyau (SAN), First Vice President Linda Rose Bala, General Secretary Adegbite Adesina, National Publicity Secretary Habeeb Lawal, and Assistant General Secretary Daniel Kip.

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    Also present were the Chairman of the Lagos Branch Olabisi Makanjuola, National Welfare Committee Chairman Chief Emeka Ozoani (SAN), former All Progressives Congress (APC) Legal Adviser Babatunde Ogala (SAN), Chinyere’s classmates and the broader NBA family.

    The ceremony not only marked the beginning of a new chapter for Chinyere and Ofem but also showcased the unity within the NBA community.

    It was a day of grace, grandeur and heartfelt connections.

  • MRA prepares journalists for legal, digital threats

    MRA prepares journalists for legal, digital threats

    Media Rights Agenda has held a two-day workshop to enhance and strengthen journalists’ knowledge of how to deal with legal complexities and digital security in media practice.

    It had in attendance about 30 participants selected from various media organizations in Nigeria.

    The workshop themed: “Laws Affecting the Media and Safety of Journalists in Nigeria” was organised by the Media Rights Agenda (MRA) with support from the MacArthur Foundation and the Wole Soyinka Centre for Investigative Journalism (WSCIJ) under the Collaborative Media Engagement for Development, Inclusion, and Accountability (CMEDIA) Project. It was held in Abeokuta, Ogun State.

    The workshop aimed to provide journalists with an overview of the current legal framework governing the media in Nigeria, offerred practical guidance on ensuring compliance with media-related laws, and fostered a collaborative environment to address the challenges faced by journalists in their daily work.

    Facilitated by the MRA Executive Director, Mr Edetaen Ojo; Programme Officer, Esther Adeniyi and Head of Legal Department, MRA, Obioma Okonkwo.

    The topics discussed in the programme focused on national, regional, and international frameworks on freedom of expression, media freedom, and the safety of journalists; legal frameworks inimical to media freedom in Nigeria; digital security and common digital threats to journalism practice; ethics in journalism practice in Nigeria; beneficial legal frameworks for journalists and the media in Nigeria; how to avoid legal liabilities as journalists; how to protect the information, systems, confidential sources and contacts; and avenues for journalists to obtain legal and litigation support.

    Speaking at the workshop the Executive Director of Media Rights Agenda, Mr Edeaton Ojo underscored the importance of journalists being knowledgeable about the laws and regulations affecting media practice in the country.

    He urged them to regularly update their knowledge of these laws and comply with applicable ethical codes to protect themselves, assert their rights, and ensure they can carry out their professional duties without undue interference or fear of retribution.

    He said: “Such workshops ensure that journalists are grounded in the legal landscape that governs the profession. It also enhances your ability to report accurately, responsibly, and fairly, which is essential for maintaining public trust and upholding the principles of democracy.”

    “So by investing your time in participating in such a programme, you not only improve your competence and confidence, but you can also be more resilient and innovative, which in turn, strengthens the overall quality of journalism and its critical role in informing and empowering the public.”

    Mr. Ojo also encouraged Media organizations, regulatory bodies, and other stakeholders to periodically organize such workshops to enlighten journalists about the legal framework governing the media sector and the evolving legal landscape.

    Speaking on the issue of legal liability, Mr. Ojo stated that defamation suits or claims are arguably the most common legal problem for journalists and media organizations.

    Legal liability, he said, is an adverse legal consequence as a result of one’s action or inaction which can arise under civil or criminal laws.

    He implored journalists to have a good understanding of defamation laws to avoid being slammed with a suit arising from it.

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    “Always double-check your information and try to verify the facts from multiple credible sources before publishing,” Mr Ojo advised.

    “Separate opinion pieces from factual reporting and use accurate quotations.”

    Even after doing due diligence, claims of defamation may sometimes be made against a journalist, Mr Ojo said.

    “But there are defenses available to a journalist or media organization facing a defamation claim.

    “Understanding the available defenses is critical. Defenses include; truth, privilege, fair comment, innocent dissemination, consent and retraction.”

    MRA Legal Officer, Obioma Okonkwo, who took the participants through existing human rights and criminal laws mentioned some laws impacting media freedom such as the Nigeria Press Council Act, Criminal Code Act, National Health Act, Child Rights Act, Cybercrime Act, Official Secret Act and the National Broadcasting Commission (NBC) code.

    Also, the participants, during the training, decried the widespread arrests, brutalization, harassment, and intimidation of Journalists covering the #EndBadGovernance protests in various parts of the country, by law enforcement and security officials, describing such actions as an unacceptable violation of the right of journalists.

  • Lagos prince writes CP over threat to life

    Lagos prince writes CP over threat to life

    A Lagos Prince, Yusuf Olarinde, has petitioned the Commissioner of Police, Adegoke Fayode, over alleged threat to his life by persons described as professional litigants, whom  he said, were bent on dispossessing him of his house built on their family land and other property valued at over N25 million at Oguntedo Village, Satetllite Town.

    The petitioner, through his lawyer,  Femi Akinyemi of Falana and Falana Chamber, alleged that the professional litigants conspired with and made CSP Chike Otti, the former D.P.O of Satellite Town Police Station, Superintendent Edo of the Anti-Robbery Unit, Area E Police Command, Festac Town, and ASP Ogbeshigidi Ayodele of the defunct Federal SARS tools for oppressing and intimidating him and his family over claims to the land.

    The petition stated that “ there was a tussle over the land at Oguntedo Village, Satetllite Town,  Lagos and that judgment was entered by the court as far back as 1989, where it was held that the disputed land is a family land and belongs to our client – Olarinde family. The judgment was enforced as both Form O and a warrant of possession were issued and executed in favour of our client and his family.”

    “It is on this same land that our client has his properties to wit: a warehouse, blocks of shops, and a two-storey buliding where he resides with his family and tenants.”

    Prince Olarinde, through his counsel, Akinyemi urged CP Fayode to help him get rid of the hoodlums, armed thugs, and any other persons invading his residence and unlawfully impeding him from entering and using his estates.  

    They also requested CP Fayode to help recover and restore all that has been stolen from Prince Olarinde, including the accumulated sum of  N26 million extorted from him and his vehicles stolen allegedly by ASP Ogbeshigidi Ayodele, Supo Edo, and CSP Chike Oti. 

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    They also urged him to investigate a correspondent of a  Lagos television station (names withheld) to determine the ownership of the vandalised vehicles displayed and reported by her, and to prosecute any erring person(s) and reprimand the police officers for defying the judgment of the High Court and for other professional malpractice.

    Akinyemi stated that on many occasions, his client was invited and he made statements regarding the said land where he resides, and that due to the incessant harassment and intimidation of his client, he instituted a Fundamental Human Rights Application, which is pending before the High Court of Lagos State, Ikeja Division. 

    “Notwithstanding the pending suit instituted against CSP Chike Oti and his cohort, CSP Chike Oti, on Saturday, 26th October 2019, at about 3 am, led men from Satelite Town Pokce Station and men of the defunct Federal SARS to assail our client at his residence at Oguntedo Village, Satellite Town, Lagos.

    “They broke into his residence and wilfully stole his valuables: two bags, one containing several vital documents belonging to our client and the other containing tne sum of N867,000.00, including his two mobile phones. 

    “Shortly after the aforementioned attack, our client authorized a legal practitioner to petition the office of the Chairman of the Police Service Commission in respect of the wrongful conduct of CSP Chike Oti and his co-travellers. 

    “Consequent upon the complaint letter, our client was invited by Supo Shola and Inspector Philip Diugu of the X-Squad, a police section attached to the office of the DCP SCID Panti, Lagos. Our Client briefed us that he honoured the invitation and detailed the X Squad police officers in his written statement about the whole incident, while CSP Chike Oti was equally summoned for necessary interrogations.

    “However, CSP Chike Oti, instead of cooperating, further arranged with his sponsors (the professional litigants) to dispossess our client of his residence. They sponsored some thugs (names withheld) who on 18th July 2020 assailed our client at his residence shooting with their guns, brandishing machetes damaging his vehicles and attempting to murderhim, but he narrowly escaped death.  

    “After our client’s escape, he noticed the arrival of some police officers and approached them to complain about the prevailing attack. To our client’s chagrin, rather than responding to his lethal situation, CSP Chike Oti, for his selfish interest and premeditated plans to cover up his prior atrocities committed against our client, which were under investigation at the X-Squad SCID Panti, Lagos, arrested our client.

     “Our client was eventually transferred to the office of the former Commissioner of Police, “Rtd AIG Hakeem Odumosu,” O/C Kehinde, and ASP Ogbeshigidi Ayodele of the defunct Federal SARS, where they used their privileged police positions to fabricate criminal charges of murder against our client and other prominent family members, resulting in our client’s remand in custody.  

    “Remarkably, during our client’s remand, ASP Ogbeshidi Ayodele, CSP Chike Oti, and Supol Edo of Festac “Area E” Police Command anti-robbery section raided our client’s house and apartments and willfully stole his three vehicles: a Volkswagen Touareg Jeep with registration number BDG 386 FB, an unregistered fairly used 2014 Ford Edge jeep (blue colour, Chassis 2FMDK3JC6EBB12227), and a Toyota bus.”

    He stated that the correspondent of a Lagos television station reversely misled the public by falsely reporting on the vandalisation and ownership of the aforementioned vehicles belonging to our client Lateef Olarinde” as vehicles belonging to alleged victims of our client and his family.  

    “It is significant that  CSP Chike, Supol Edo and ASP Ogbeshoigidi Ayodele, for greed and personal aggrandizement, without a court aided and abetted the aforementioned hoodlums (names withheld) adding that  they criminally ejected his family and some of his tenants, stealing over N25,000,000.00 worth of property belonging to our client and his family.”

    “The hoodlums, formed a criminal gang to invade their client’s house and extort about N26,000,000.00 from their client’s estate, including blocks of shops. “

    He claimed that they pulled down and stole the entrance and exit gates of his residence, maliciously damaging and demolishing parts of our client’s estate.  The petitioner said they  also raided our client’s warehouse.

    “After our client’s release from remand custody, he approached us indignantly and instructed us to request the sum of N867,000 00, including his mobile phones, which were carted away on 26th October 2019 by the policemen led by CSP Chike Oti.

    “We wrote and addressed a letter to the DCP SCID Panti, Lagos accordingly. However, only the two mobile phones and the sum of N568,000.00 were released to our client out of the total sum of N867,000 00 and other valuables that were carted away by the police

     “Our client also lamented how the aforementioned hoodlums and thugs still invaded his estates, threatened his life, and impeded him from entering and using his properties”, the petition stated.

  • Unpaid gratuities, savings: Court refuses bank’s application for stay

    Unpaid gratuities, savings: Court refuses bank’s application for stay

    • Judge orders payment of N1.086b to escrow account

    The National Industrial Court in Lagos has rejected an application by Ecobank Nigeria Limited for a stay of execution of the judgment ordering it to pay N1,086,611,589.11 into the account of the court’s Chief Registrar.

    Justice R. H. Gwandu ordered the bank to deposit the sum pending the hearing and determination of its appeal.

    The judge made the order while ruling on an application by Ecobank for a stay of execution of the verdict mandating it to pay N1,086,611,589.11 to 1,742 ex-staff of Oceanic Bank whose staff savings and gratuities were withheld.

    The court also ruled on the ex-employees’ application for an order nisi attaching all monies outstanding to the credit of Ecobank Nigeria Ltd with the Central Bank of Nigeria (CBN) and with all banks in Nigeria for the satisfaction of the judgment debt.

    Justice Gwandu, aside from refusing the motion for stay, granted the order nisi application.

    The judge held: “Bench ruling read on motion for stay. Order nisi is granted as prayed, stay of execution is denied.

    “It, therefore, behoves this court to take steps to protect the integrity of its judgment and see that the Res is protected even when the appeal may or may not be pending.

    “I hereby order the judgment debtor to pay the judgment sum into the account of the Chief Registrar of National Industrial Court of Nigeria pending the outcome of the appeal filed by the applicants.”

    The court had ordered the bank to pay N1, 086,611,589.11  to the 1,742 ex-staff of Oceanic Bank who were denied their entitlements.

    Justice Gwandu gave the order in a judgment in suit NIC/LA /231/2012 filed by the former employees of defunct Oceanic Bank, which merged with Ecobank  Bank Limited in 2012.

    Babajide Bayode, Yemisi Adesote, Adeboyejo Oladimeji, Seun Aina, Yusuf Kadiri, Segun Alasan, Adetayo Familugba and Lolade Olaribigbe sued for themselves and as representatives of 1,733 other ex-employees.

    The representatives’ action suit was filed by their counsel Mr Nwabu Okoye.

    They sought “an order directing Ecobank Nigeria Limited to pay the outstanding sum of N1,146,470,393,.62 being the sum total of their savings in the Staff Savings Investment Trust Fund, SSITF, scheme contributed by 1742 ex-employees of  Oceanic Bank made up of those transfered to Ecobank upon the merger of the two banks through the merger of February 15, 2012 and those whose employment was determined before or upon the said merger which remains unpaid till date”.

    The claimants said the amount outstanding as their contributions to the SSITF scheme, which the defendant (Ecobank) refused to pay to date, stands at N926,901,065,.60.

    Justice Gwandu dismissed the bank’s counter-claim on the ground that it failed to put credible evidence before the court.

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    The judge held that upon the consummation of the merger, Ecobank fully acquired all the assets and liabilities of Oceanic Bank and could not repudiate or push some of the liabilities on its employees, more so when it was the bank that was in control of the SSITF scheme.

    The judge held that Ecobank cannot deny that there were contributions to the  SSITF or show evidence that the claimants were paid the sum they claim.

    “I therefore, hold that the claimants have proved their case and are entitled to the payment of the sum of N926,901,065.60 being the sum total in the account of the  Staff Savings Investment Trust Fund being contributions of 1,742 ex-employees of Oceanic Bank made up of those transferred to Ecobank upon the merger and whose contract of employment were determined on February 15, 2012 and those whose employment otherwise were determined before or upon the merger,” Justice Gwandu held.

    On unpaid gratuities, the judge held: “I hold that the defendants are liable to the claimants in the sum of N159,710,523.51 being the total sum due on the basis of years of service of the employees.”

    The claimants had also asked for an order directing Ecobank to pay the sum of N159,710,523.51, being the total sum due as gratuities to 48 of the claimants and another sum of N59, 858,804.51 being the short payments of severance or redundancy paid by the defendant to 74 of them.

    The court was further asked to grant an order directing the bank to pay 22 per cent interest per annum on the sums of money being claimed from February 15, 2012, until judgment and thereafter at the rate of 12 per cent per annum until the liquidation of the judgment sum.

    Ecobank through its lawyer, S.C. Arubike filed a statement of defense to the suit as well as counter-claim.

    It demanded N967,529,765.38 being the excess of severance and or redundance benefits paid to the ex-staff of Oceanic Bank, at 24 per cent interest from October 30, 2014, until any judgment is delivered in its favour and interest of 10 per cent until fully liquidated.

    Justice Gwandu refused the plaintiffs’ claim of N59,858,804.51 being the total sum of short payment of severance or redundancy package paid by Ecobank to 74 of the claimants.

    The judge said it would be unfair for the court to hold Ecobank responsible for any lapses that may have occurred under the agreement brokered by ASSBIFI since some of the ex-staff benefitted under the agreement and are happy under the same agreement moreso the intervention of ASSBIFI had the consent of the ex-staff.

    The court granted 10 per cent interest on the judgment sum from 30 days after the judgment was delivered till it was fully liquidated.

  • Ogunlana: Exit of a lionheart

    Ogunlana: Exit of a lionheart

    • By Wahab Shittu

    The sudden exit of Adesina Ogunlana, former NBA, lkeja branch ( The Tiger branch) and firebrand human rights advocate is a huge blow not only to the profession in particular but human rights advocacy in general.

    Known as the “ Serubawon” of the Bar, the departed was bold, courageous and fearless in his advocacy for the rights of man.

    The departed announced his presence in the profession by launching and publishing The Squib Magazine, a weekly tabloid  focused on corruption at the bar and the bench.

    He was unrelenting in his criticisms of the vice of corruption so much that he earned admirers and foes alike. At a time during the CJ Sotiminu era in Lagos, his activities was reported to the disciplinary committee of the bar. Of course, eminent persons including late GOK Ajayi SAN rose in his stout defence.

    He was cleared of all allegations of wrongdoing.

    And from that point, the departed never looked back in his advocacy for a corruption – free judiciary.

    Shina Ogunlana was  fearless. He raised his voice in favour of human rights Advocacy and Good Governance.

    During the proceedings of the Lagos state Endsars Tribunal, he made his professional services available, seeking succour and damages to the protesters whose rights were violated. At the last nationwide protests against hardship and hunger,, Shina Ogunlana showed up in the streets in favour of the protesters.

    He joined the protesters in singing solidarity songs in favour of people’s emancipation.

    He was seen in pictures with fellow comrades on the side of the people.

    I know that  Adeshina Ogunlana had many mentors, notably among which was late Chief Gani Fawehinmi SAN. He wanted to be like Gani, and to a large extent he succeeded since he Never betrayed the struggle.

    He modelled Gani in many ways, particularly in his display of raw courage and constant advocacy on the side of the people.

    The departed was a warrior – king. Warrior in the sense that he was not one to run away from battles. A king in the sense that he was not lacking in wisdom and scholarship.

    Read Also: Ex-NBA Chairman, Ogunlana’s death shocking, great loss – Sanwo-Olu

     He was brilliant, he was a master of ideas and positive action.

    Not given to ostentatious life style, the departed was simple and accessible. He prioritized other people’s welfare above his own personal comfort.

    He was a warrior – king indeed.

    What were his tools?

    First, was his legal knowledge which he deployed on the side of the people.

    His second tool was the power of his pen which he welded powerfully in defence of the oppressed.

    There are many accounts of his last moments, but one consistent narrative is that he died in his office– working.

    A day  previously, he attended the meeting of the lkeja where he made profound contributions on the side of the people – in how to deploy the tool of protest in impacting on Good Governance for our country.

    And so we lost him. We lost a people’s soldier, we lost a warrior -king. We lost an anti–corruption crusader we lost an advocate for the Rights of man.

    We lost another credible voice for the Rights of man.

    And so Adeshina reunites with the saints – the likes of Late Chief Gani Fawehinmi SAN, Bamidele Aturu, Chima Ubani and many soldiers of people of that orientation who exited this world and left lasting impressions on the people.

    And so if you are a lawyer in Nigeria and you have not heard or seen Adeshina Ogunlana in action – speaking and fighting for people’s welfare, then you know nothing.

    Farewell Adeshina Ogunlana– the Serubawon of the Nigerian bar.

    May his restless and radical spirit rest in perfect peace. Amen.

    Farewell my brother.

    We mourn!

  • Ekiti NBA opens subsidised food market

    Ekiti NBA opens subsidised food market

    The Nigerian Bar Association, Ado-Ekiti Branch, has launched a ‘ Lawyers Market’ where staple foodstuffs and other items are sold at 50 per cent discounts to members.

    The market which operated between  8am and 10am on Saturday at the Afe Babalola Bar Centre within the premises of Ekiti State High Court, Ado- Ekiti attracted a large turnout as lawyers from the branch besieged the hub to buy various staple food items.

    The foodstuffs available for sale were garri, rice, beans, vegetable oil, spaghetti, semovita, vegetable oil, among other items.

    The discounted prices offered a huge relief to the lawyers with a measure of  garri worth N1,200 was sold for N500; a measure of rice worth N3,000 was sold for N1500, and a litre of vegetable oil worth N2400 was sold for N1200.

    A measure of beans worth N3000 also went for N1500, 1KG of Semovita worth N2000 was sold for N1000, a crate of egg worth N2500 was sold at N1250 and spaghetti was sold at N500 per one.

    Read Also: Ekiti NBA opens subsidised foodstuffs market

    The market women were the association welfare secretary, Mrs Khadeejah Adeniyi and the Social Secretary,  Emmanuella Akinyemi while Uzoma Aremu-Adetayo, the Financial Secretary was the payment point.

    The NBA Ado-Ekiti Branch Chairman, Bar. Taiwo Omidoyin said the initiative was aimed at cushioning the effect of the high cost of living in the country on his members.

    He noted that the  food markets  offered members of the branch a 50% discount on food items in view of the persistent hike in the price of commodities.

    He explained that that there was a limit to the value of items members can buy in the food market and only financial members of the branch were allowed to patronise the food hub.

    He said, “the leadership of the Branch is not unaware of the current  hardship in the country and how it affects everyone, including our members. It was based on this we conceived this initiative to help mitigate the harsh economic situation on our members in our little way.

    “While we may not be able to do so much at the moment,the branch bought  food items from the markets and sold it to financial members at a subsidised price of 50% of public market rates. That is, items sold for N10,000 in the public market would be sold at N5,000 in the Lawyers food Market”, he added.

    One of the beneficiaries, Mrs Bolanle Scholastica Ojo lauded the initiative, said that the 50% discounts on food items would help in cushioning the debilitating effects of the economic hardship.

    She said she got to the venue at 8:15am and was able to buy food items including rice, beans, garri and spaghetti.