The Executivec Secretary, Lagos State Domestic and Sexual Violence Agency (DSVA), Mrs. Titilola Vivour-Adeniyi has said the rise in continuous engagement has encouraged many survivors to break the culture of silence and patriarchy earlier experienced in the state.
She said the development was also responsible for the increased number of cases reported at the agency.
Mrs. Vivour-Adeniyi stated this when the Community Engagement Team of the agency conducted a session at Ikosi-Isheri during their monthly meeting with CDCs across the state.
Aligning with the agency’s objective to reduce SGBV, Mrs. Vivour-Adeniyi stressed the need for sustained awareness initiatives.
Head of Community Engagement Mr. Dare Adewusi highlighted the role of community leaders as mandated reporters, emphasising that they must report and not conceal SGBV cases.
He outlined various reporting methods, introduced Family Support Units (FSUs), and shared the toll-free 08000333333 hotline information.
CDC Chairman Chief Adekoya Adeshina thanked the government and the agency for their efforts and committed to supporting the fight against SGBV.
Some SGBV-related materials were distributed at the session which had 65 participants in attendance.
Timilehin Ojo’s journey to becoming a lawyer was more divine than calculated. The Lagos State University (LASU) alumnus spoke with ANNE AGBI.
My name is Timilehin Ojo, I come from a family of five. I had my undergraduate studies at the Lagos State University (LASU). Since I was called to the Nigerian Bar, I’ve worked in private practice with two law firms and in-house with a company before leaving the country for my Master in Laws programme.
How long did you practise?
I practised for about three years before leaving Nigeria, so I’ve been in practice for about five years in total.
Only lawyer in the family
I’m the only lawyer in my family and even, until recently, in my extended family. So, it’s safe to say that I’m a first-generation lawyer.
Law journey
Interestingly, I had numerous memorable experiences in my law journey. They are all so notable that I’m having a hard time deciding on which to share. My participation in moot and mock activities for instance availed me the opportunity to travel and represent LASU within Nigeria and abroad. Also, my debating activities provided me the opportunity to represent the university and my faculty at different universities in Nigeria. I also fondly remember my leadership roles within the Faculty of Law and the university as well as my participation in Model United Nations and in some Students Union cases that we instituted while in school.
Memorable school experiences
Among all these experiences, representing LASU and my Faculty at Moot court competitions in South Africa and Mauritius were my most memorable. However, I’ll rather speak about an experience that had a direct impact on campus. This was when we went to court (the Students Union court) to ensure that the Student’s Union election took place as scheduled. The elections had been scheduled by the electoral committee and just on the morning of the election, we got to hear of some funny injunctions and what not and we had to swing into action to approach the court to vacate the injunction to ensure that the elections took place as scheduled.
This was my most memorable experience because it had a direct impact on the institution. The Vice Chancellor of the University at that time, Prof. Olanrewaju Fagbohun, a renowned legal practitioner and Senior Advocate of Nigeria insisted that management would not interfere with the legal system put in place by the students. Management rather followed the unfolding of events to ensure that the laws guiding the students took its rightful course. We were told to go sort things out through the court process, otherwise the elections would not hold, regardless of the resources that the university had put into the elections for the day. This was profound for me because it said a lot about the profession I was studying to be licensed in, and that particular experience showed a lot about the impact of lawyers in society and how much of a difference we can make.
Decision to study law, divine
Interesting question, but my decision to become a lawyer was more divine than a calculated one. As I said earlier, I’m a first-generation lawyer, and although I don’t know where the idea came from, I always wanted to be a lawyer growing up. Fast forward to secondary school where I ended up going into the science class and finished my senior secondary school as a science student. I was a brilliant science student, but one thing led to the other, and I had to self teach myself to do WAEC again, to take the Art category courses that got me into Faculty of Law.
High, low moments in school
I really cannot say I had a particularly high or low moment during my time at LASU’s Faculty of Law. However, I had an amazing experience there overall as I started out with really great results, did everything that mattered to me and finished strong. I also leaned into the assistance of mentors and colleagues who were ahead of me in the Faculty to avoid most things that would have otherwise been challenges. That’s a ProTip!
Law school formula
For Law School, my formula was simple. In addition to knowing that God’s grace was important and needed, I simply did what I’ve always done – I started studying early enough from day one to avoid the need for crash-reading and to keep my rest time intact, even during exams. I had a very enjoyable law school experience and I strongly believe that anyone that scaled through the Nigerian Law School successfully can be successful in any endeavour.
Active in extra-curricular activities
I engaged in every legal extracurricular and sporting activity you can think of during my time in LASU. I played football for my Faculty (I recall that I was actually part of the LASU Football team in my first year but I didn’t get to train or play even one game with the team thanks to being a law student :D). I was actively involved with politics (Student Union leadership), both at the Faculty and University level. I was never shy of being involved religiously based on my belief and I took up leadership positions with the Christian Law Students Fellowship of Nigeria (CLASFON-LASU). I was also part of the leadership of the University’s Debate Society. I headed one of the leading student chambers of the Faculty of Law. I was actively involved in Moot and Mock activities, and much more.
Are law students boring?
This would make me a judge in my own cause, but I would answer without being partial. I do not believe law students or lawyers are boring. In fact, I can point to several lawyers and law students who are the biggest vibes anywhere they find themselves. I think it’s more of a personality question rather than affiliation to a profession. Accepted, the profession itself requires some form of comportment and reservedness, which can be easily perceived as ‘boring’. But when one observes the difference between the professional and individual day-to-day personality of many lawyers, you will discover that lawyers are indeed fun to be with.
Call to Bar party
My call to the Nigerian Bar was definitely a celebratory moment in my family, but my family is not the regular Yoruba family that loves to organise parties at every opportunity. Although there was a party, it was not the huge type you may be having in mind (lol), but it was a moment of being thankful and full of reflection of the journey to being “the Law”.
Law school grading system
I definitely believe there is a problem with the law school grading system. Not just as someone who has scars from the system, but because I really don’t believe it says anything of importance about the quality of the individuals who pass through the system. It rather misleads than it accurately reflects the potential of individuals that are accessed. This has been my position before going into the Law School. As an undergraduate student, I was part of a delegation of the Law Students Association of Nigeria (LAWSAN) on a visit to the Director General of the Nigerian Law School, and it was one of the subjects that was tabled before the Director General for reconsideration. The idea of presenting an all-rounded excellent student sounds good, but has the Law School taken interest in conducting research to staunchly support this practice adopted over the years? Several examples show that the grading system has not been an accurate rating of excellence of Law School students.
Should wig/gown be scrapped?
I think the first question should be a reflection on the original intent of the requirement. Certainly, it brings a special feel to court room advocacy and I wouldn’t deny that. However, beyond that aesthetic, what is its relevance to the real question of the case before the court and to how well the counsel can present his case? If it’s just to ensure that we also have a uniform like other professionals, that’s okay. The question is, what happens when it becomes a punishment as a result of congested court rooms, and lack of electricity rather than a regalia with inimitable symbolism that should be coveted by those who are not members of the profession. This question requires some hard truths to be answered. I’ve worn my wig and gown more times than I can count, and it really made me extremely proud of myself. I’ve also worn it under circumstances where I’m asking ‘why is this a thing’? My submission will simply be that if we cannot meet the basic conditions to ensure comfort and the preservation of a noble disposition while using the regalia, then there is not a lot of justification for maintaining its use as it does not contribute to the accuracy of the reasoning of the Court in delivering judgment that is fair and just.
Would you like to marry a lawyer?
What if I say I’m getting married to a dual-qualified lawyer, would I get a different question?
SAN, professor or judge?
First, I must say that I respect the role of a Judge, but I’ve never thought of wearing that cap up till this time. I think it is a question of the side of the divide that I rather would be at. Being on the Bench was the only thing I know that I did not attempt to do even while in the university.
I nominated members of the Faculty of Law to the student Judiciary but everyone knew that I was never interested in being one myself. Now to the other two options, I have varying levels of interest in both. Just to restate the obvious, you can be both! I have a mentor and a good number of role models who are both. So why settle for one, when you can be both!
On exodus of lawyers from the country/profession
It won’t be fair to respond to this question like it’s a lawyer’s problem. I think it cuts across various professions. My thoughts generally are simple. Each person knows what is driving him or her, be it a personal or collective goal. For the legal profession, this can definitely be argued to be a concern, but I have reasons to disagree. Mathematically, when we consider the about 5,000 lawyers called to the Nigerian Bar yearly, it is difficult to conclude that the country will run out of lawyers. I think the focus should also be on providing enough incentives to lawyers because when they have all they need within the territory, they might not see a need to exit the country.
Any ‘japa’ thoughts?
Flowing from my last response, the japa question is very personal. Accepted, many people have followed others in this journey, but can we really blame them? It would be unfair to stay at a vantage point and make bold assumptions about individual choices. While, it has become japa for some, it has also been a path to specific accomplishments and dreams being achieved for others. This is where my concern lies. It is not enough to japa, it’s a question of ‘for what purpose’? After japa, what next? While the current state of the country is not the most palatable, the japa destination is not an amusement park where freebies are handed out. It is this reality that many need to understand to make informed decisions. Overall, I’ll use this opportunity to join millions of Nigerians to call on our government to do more, and also on fellow citizens to do better. Some of the practices I see in the legal profession just like some other sectors in Nigeria is a decay caused by the individuals which is only aided or amplified by systemic failures. Many people might want to japada’but the question ‘to go back and do what exactly’ also comes up.
Plans for the future
The future is bright and I’m excited about the opportunities that will come my way and the ones that I’ll pursue. I’m taking each day as it comes with a definite determination to make a difference and continue to add value so that I’m well prepared for when the opportunities come.
Do you agree that there is a decline in the quality of legal education in Nigeria?
I will be stepping beyond my areas of knowledge to make such a bold conclusion. I studied for a Master of Laws here in abroad, which is a graduate study programme and not an undergraduate programme. In both jurisdictions, the model of teaching for both programmes are not the same. Having said that, I can speak independently on the legal education in Nigeria. While my staunch stance is that there is a lot of room for improvement and the best is yet to come from our university legal education systems, I’ll also say that our Nigerian legal education has afforded many lawyers the opportunity to favourably compete and excel in other jurisdictions across the world.
Is the decline a factor for young lawyers going to study abroad?
Studying from a home jurisdiction/limited viewpoint is different from studying from an approach that is global. It feeds into the kind of opportunities that one can go after post-study. The rating of the institution is also a factor that is often times not explicitly stated, but is also a deciding factor for certain opportunities. So it’s not just the quality of legal education that would make young lawyers go abroad to study. Other factors are inclusive. Let’s not talk about the delay in undertaking some of these programmes in Nigeria, or the unspoken issues with supervisors etc. It’s a combination of different criterion according to individual or shared experiences.
What are Nigerian young lawyers lacking based on your interaction with international students
Using my experience and that of the young lawyers in my circle as a backdrop, I can boldly say that Nigerian young lawyers are bridging gaps in education, exposure, etc, and can compete comfortably anywhere in the world. While some experiences may be out of reach due to these gaps, we are usually prepared to take them on when the opportunity presents. That is the case of most young lawyers I know.
Proposal for improvement of legal education and welfare of young lawyers
I’ll start with proposing more focus on practical results than grades. This is not an advocacy to scrap grades, but I think that presently, grades are majorly being used to make many important decisions. My concern is with the standards used to determine those grades. Second, this is not for Nigeria alone, the Faculties of Law need to start preparing students beyond the conventional position that law is all about court room advocacy. Law is much more than that, and this must be accepted, acknowledged and addressed. Third, I’ll say it’s about time to fix the broken communication gap between students and the faculty members to allow for informal mentorship, and if and where possible make formal mentorship possible. Additionally, initiatives like legal aid, internships and other programs that permit students to participate more actively in real life legal experiences should be put in place. I’ll end with this, it’s important that Nigerian students step up in line with the digital age. Law students should become familiar with digital technologies, tools and platforms that could aid legal practice. On welfare which I think is a bigger issue, I’ve followed through the various NBA initiatives. I think the major issue is implementation. Some of the most brilliant minds have come together to think through this question. Let those ideas be implemented first, then we can recalibrate on what needs to be changed. But where suggestions are only made without more, there can be no progress.
Advice for young lawyers
The advice is simple and applies to me also. Simply aim to be a better version of yourself, every day. Make yourself well positioned for opportunities and take things one step at a time. With God’s grace and perseverance, it will all work out.
The hardship protests may have fizzled out in most parts of the country following President Bola Ahmed Tinubu’s address. However, it is still worth asking: are the protesters’ demands realistic or outright farfetched? Deputy News Editor JOSEPH JIBUEZE takes another look.
The hardship protests under the #EndbadgovernanceinNigeria may have ended, but the question remains whether the organisers and participants are unrealistic in their demands.
Some of the protesters had vowed to continue until their demands were met, but the exercise seems to have lost steam.
One of the coordinators, Mr. Hassan Soweto, a member of the Youth Rights Campaign, addressing a gathering at the Gani Fawehinmi Park on Saturday, said protesters would cease occupying the park in Ojota and start marching through the streets if their demands were not met within a week.
Marching through the streets will violate the extant court order restricting protesters to two parks in the axis.
Still, it would be fair to say that not even Soweto himself expects the government to meet all the demands, or any at all, in the manner the protesters want them.
The 15 demands
• Scrap the 1999 Constitution and replace it with a people-made Constitution for the Federal Republic of Nigeria through a Sovereign National Conference immediately followed by a national referendum.
• Toss the Senate, keep the House of Representatives, and make lawmaking a part-time endeavour.
• Pay workers a minimum wage of nothing less than N250,000 monthly.
• Invest heavily in education and give Nigerian students grants, not loans. Aggressively pursue free and compulsory education for children across Nigeria.
• Release Mazi Nnamdi Kanu unconditionally and demilitarise the Southeast. All #ENDSARS and political detainees must also be released and should be compensated.
• Renationalise publicly-owned enterprises sold to government officials and cronies.
• Reinstate a corruption-free subsidy regime to reduce hunger, starvation and multidimensional poverty.
• Probe past and present Nigerian leaders who have looted the treasury, recover their loot, and deposit it in a special account to fund education, healthcare, and infrastructure.
• Restructuring of Nigeria to accommodate Nigeria’s diversity, resource control, decentralisation and regional development.
• End banditry, terrorism and violent crimes: Reform security agencies to stop continuous human rights violations and duplication of security agencies, and enhance the physical security of Nigerian citizens.
• Establish a Special Energy Fund immediately to drive massive, corruption-free power sector development.
• Immediate reconstitution of the Nigerian Electoral Body (INEC) to remove corrupt individuals and partisan hacks appointed to manipulate elections.
• Massive investment in public works and industrialisation will help employ Nigeria’s teeming youths.
• Massive shake-up in the Nigerian judiciary to remove cabals of corrupt generations of judges and judicial officers that continue denying everyday citizens access to real justice.
• Diaspora voting.
Demands unrealistic, says Sowore’s followers
Politician and activist Omoyele Sowore shared the demands via his X (formerly Twitter) handle @YeleSowore, but even some of his followers did not think some of them were realistic.
A user, Theresa Tekenah, stated: “You can implement these if you win the next presidential election.”
Another user, Michael Ben, said: “I would like you to also show elaborately the modalities that will help in implementing these. I will give you 24 hours to do that. However, your listed points are lovely, your time starts now.”
Alfred Isename said: “Present these demands as your manifesto to the Nigerian electorate and run for the 2027 presidential election to test its acceptance.”
Omotolani Adebanjo said: “It’s important to be honest. Even if you become president, you won’t be able to do all this.”
Presidency’s response
The presidency, in tweets by Bayo Onanuga, Special Adviser on Information and Strategy to President Tinubu, countered some of the demands, saying some of them were unrealistic.
• On the demand to scrap the 1999 Constitution and replace it with a people’s constitution, and for a unicameral legislature, the government said constitutional amendments “are not done by fiat or proclamation by the President but follow strict procedure that involves two-thirds of state houses of assembly”, among others.
• On Kanu’s release, the government said the IPOB leader is on trial “for offences bordering on treason and it will be an affront on the judicial system for the government, by fiat, to terminate the case in court.” It added: “Even if his release is to be considered, there are steps to be taken.”
• The government said investment in education was already being done, such as the “historic” student loan.
• On demand to reinstate subsidy, the government said: “Reforms are in progress in the petroleum sector and the subsidy regime cannot be reinstated until the system is corruption-free. These reforms cannot be done by proclamation. It is systemic.”
• On the demand to probe past leaders, the government said: “The EFCC, ICPC and other agencies of government are working in that direction. Notable among their efforts are: the trial of the former CBN governor and the investigation and prosecution of persons involved in the fraudulent Air Nigeria Project. Several other high profile cases are being prosecuted against past and present government officials across the country.”
• On restructuring, the government said: “This requires a constitutional amendment and cannot be done by presidential fiat or declaration.”
• On demand to rationalise public-owned enterprises, the government said: “Government is reviewing privatisation processes and programmes, including the sale of government assets. But it must be noted that most of these assets were sold with the Federal Government entering into contractual agreements with the buyers/concessionaires. These agreements and concessions are being reviewed and it takes time.”
• On demand for N250,000 minimum wage, the government said: “Minimum wage is determined by the carrying capacity of the economy. It also involves not just the Federal Government but the sub-nationals and organised private sector. In any event, there is a recent increment in the minimum wage and the Nigeria Labour Congress applauded the decision of the Presidency to peg the minimum wage at N70,000.”
• On banditry, it said: “Insecurity is not something you can end by mere words or a single action. The military and security agencies are daily making gains against terrorism and allied security challenges across the country. The problem of insecurity is a global phenomenon. In Nigeria, it did not start with the Tinubu Administration and sadly, it will not end with it. Sustained vigilance and collaboration are the impetus needed to win the war against insecurity.”
Edun: why subsidy had to go
Minister of Finance and Coordinating Minister of the Economy, Wale Edun, during an interview on AIT’s Moneyline programme, hinted at why petrol subsidy is unlikely to be returned.
He said: “The fuel subsidy was removed May 29, 2023, by Mr. President, and at that time, the poorest of 40 per cent was only getting four per cent of the value, and basically, they were not benefitting at all. So, it was going to be just a few.
“Another point that I think is important is that nobody knows the consumption in Nigeria of petroleum. We know we spend $600 million to import fuel every month but the issue here is that all the neighbouring countries are benefitting.
“So we are buying not for just for Nigeria, we are buying for countries to the east, almost as far as Central Africa. We are buying for countries to the North and we are buying for countries to the West.
“And so we have to ask ourselves as Nigerians, how long do we want to do that for? That is the key issue regarding the issue of petroleum pricing.”
The President’s address
The President, in his August 4 broadcast, addressed the protesters’ demands in broad terms by highlighting his administration’s programmes in various sectors.
He spoke with “a heavy heart and a sense of responsibility, aware of the turmoil and violent protests unleashed in some of the states.”
He acknowledged that the protesters desired “a better and more progressive country where their dreams, hopes, and personal aspirations would be fulfilled”.
The president said he was pained by the loss of lives in Borno, Jigawa, Kano, Kaduna and other states, the destruction of public facilities in some states, and the wanton looting of supermarkets and shops.
He commiserated with the families and relations of those who died in the protests, pleading: “We must stop further bloodshed, violence and destruction.”
He urged the organisers to suspend any further protest and create room for dialogue.
The President was criticised for not providing details of when and how the talks would be held or who the protesters could contact, as Lagos State eventually did.
The President outlined his vision of a just and prosperous nation where each person may enjoy peace, freedom, and meaningful livelihood.
He justified his administration’s decision to remove the petrol subsidy and float the naira.
“For decades, our economy has remained anaemic and taken a dip because of many misalignments that have stunted our growth…
“I, therefore, took the painful yet necessary decision to remove fuel subsidies and abolish multiple foreign exchange systems which had constituted a noose around the economic jugular of our nation and impeded our economic development and progress,” he said.
In effect, the President indicated that the petrol subsidy, having been removed, cannot be returned.
President Tinubu also highlighted reforms in other sectors, investments in infrastructure, student loan, new minimum wage, and youth empowerment initiatives, among others.
Criticisms of broadcast
Publisher of Ovation Magazine, Dele Momodu, said the President failed to address the demands.
In a statement issued via his X handle, Momodu said: “Let’s reel out what a sensitive leader, who craves the rightful position in posterity, would have done and said:…’We have decided to cut the cost of governance drastically. Some ministries will be scrapped and some ministers, permanent secretaries and all redundant personnel will be eased out; no official cars will be procured anytime soon. The number of aircraft on our presidential fleet will be reduced to a maximum two. I offer sincere apologies that we went ahead to invest in luxury items at these bad times. We shall place an immediate embargo on subsequent purchases. Subsidy of petroleum products will be reviewed thoroughly to ascertain the genuine costs and true billing of the controversial payments. While we hope to achieve this in a maximum of three months, we shall revert to old prices within this period in order to reduce the heavy burden on our people. We shall also escalate work on our existing refineries without which we shall be throwing away loads of resources. Nothing has stalled our refineries other than reckless corruption….’”
Activist-lawyer, Deji Adeyanju, described the broadcast as disappointing.
He said: “President Tinubu failed to address the demands of protesters, not even one, and it is very disappointing and unfortunate because there is no other way to explain it.”
What can the President do?
Some believe some of the demands can be addressed.
For instance, the Human and Environmental Development Agenda (HEDA Resource Centre), a civil society organisation, urged the President to enhance accountability and drastically reduce the cost of governance at all levels.
In a statement by its Chairman, Olanrewaju Suraju said the protests were “a unique opportunity for the governments to make meaningful changes that will not only address the immediate concerns of the protesters but also lay the foundation for sustainable development and good governance in Nigeria.”
It added: “The excessive cost of governance has long been a burden on the nation’s economy, diverting much-needed resources from critical sectors such as education, agriculture, healthcare, and infrastructure.
“Now is the time for the governments at all levels to demonstrate commitments to the people by adopting policies that promote transparency, reduce waste, and prioritise the welfare of all Nigerians.”
A coalition of civil society organisations (CSOs) said the President can still formally initiate dialogue to address some of the issues.
They are the Accountability Lab Nigeria, BudgIT Foundation, Centre for Journalism Innovation and Development (CJID), Yiaga Africa, Enough is Enough (EiE) Nigeria, #FixPolitics, Global Rights, HEDA, Media Rights Agenda (MRA), Public and Private Development Centre (PPDC), Sesor Empowerment Foundation, TechHer, and Women Advocate Research and Documentation Centre (WARDC).
“We recommend that representatives of the National Peace Committee and reputable civil society groups serve as facilitators and observers of this dialogue process and its outcomes,” they said.
A former Central Bank Deputy Governor, Kingsley Moghalu, believes a new constitution is possible.
Reacting after Secretary-General Chief Emeka Anyaoku led The Patriots to the President to make the demand, Moghalu said: “What Nigeria’s leaders fail to understand is that it will be extremely difficult, if not impossible, to bring a fundamental fix to Nigeria’s economy in the absence of a new constitution that is anchored on real federalism, and preferably anchored on a regional structure of six to 12 regions. The reason is that Nigeria is a country but not yet a nation.”
Is a new constitution realistic?
A former Body of Benchers Chairman, Chief Wole Olanipekun (SAN), believes a new constitution is needed.
He wondered who the “people” referred to in the preamble of the constitution are, arguing that no singular person can assume the pronoun ‘we’.
He recalled that the 1999 Constitution was promulgated by the military regime of General Abdulsalami Abubakar after the Constitution Debate Co-ordinating Committee led by Justice Niki Tobi submitted its report.
The committee, he noted, barely had two months to consult with Nigerians before submitting its report.
Olanipekun said: “The report was merely advisory and cannot by any means of argument answer the question ‘who are the ‘we’?”
He added: “The National Assembly has to put on the right ‘thinking cap’ in order to completely overhaul the present constitution.
“This has been my sing-song and homily in several presentations, and it is a patriotic call which we can only neglect at our own collective peril.”
A former Nigerian Bar Association (NBA) President, Dr. Olisa Agbakoba (SAN), called for a new constitution that will have the input of the “owners of Nigeria”.
He said a new constitution can be possible through “substitution”.
According to him, the 1999 Constitution lacks acceptability because it was imposed on the people.
“The problem with the constitution is that it lacks legitimacy, validity and is not autochthonous,” he said.
He also believes it was important to redefine the co-existence of the ethnic groups.
The SAN said: “Government needs to resolve critical national questions. Are we a country, state, or nation? Do we intend to live together as one country and how?
“Once these questions are answered, it will set the stage for a new political arrangement that can be articulated in a new Constitution.
“Government can engage sub-national ethnic leaders (Ohaneze, Arewa, and Afenifere). They have national appeal and can provide alternatives
“The current National Assembly has powers to facilitate this process under the constitution.
“National Assembly can adopt wholesale constitutional replacement as suggested by Prof. Nwabueze under sections 4(1) and 315(1) (a) & (4) of the 1999 Constitution.”
• Lawyer sets anti-graft reform agenda for Tinubu Administration
Legal Adviser, Amnesty International Secretariat, London, Dr. Kolawole Olaniyan, has identified ways the Tinubu Administration can boost the anti-graft war. He also tells Deputy News Editor JOSEPH JIBUEZE how recovered proceeds of corruption can be managed.
How would you assess the performance of the anti-graft agencies?
While it’s true that the country’s anti-corruption agencies lack the independence and freedom that is required to effectively and efficiently discharge their mandates to prevent and combat corruption, the solution is not to scrap them! It’s like cutting off one’s nose to spite one’s face. The agencies have not worked well primarily because the political leadership is generally corrupt and weak and clearly not interested in pursuing genuine anti-corruption and rule-of-law reforms. The independence of anti-corruption agencies is important to their existence and operations but the country’s anti-corruption laws have clearly not kept pace with international standards pertaining to preventing and combatting corruption and the recovery of its proceeds.
Why is such independence lacking?
Part of the problem is that the Attorney-General of the Federation (AGF), a political appointee, still exercises some forms of supervisory roles over anti-corruption agencies! This is nothing more than ‘putting the cat in charge of guarding the meat’! In fact, there are several instances where former attorneys general have exercised their powers to interfere with the operations of anti-corruption agencies and halt many corruption trials. Former Attorney General of the Federation, Abubakar Malami (SAN), for example, reportedly interfered with several ongoing cases by the EFCC and the ICPC. Another former attorney general — Mr. Micheal Aondoakaa—contested the prosecutorial powers of the EFCC and sought to take over cases with respect to some former governors who were facing allegations of corruption by the commission. The office of the attorney general has no business making any regulations for anti-corruption agencies.
So, how can they become independent?
The so-called regulations reportedly put in place by former AGF, Mr. Mohammed Adoke (SAN), should be immediately revoked or challenged in court. Section 43 of the EFCC Act, which empowers the AGF to make regulations for the commission, should be removed from the Act without further delay because it is clearly inconsistent and incompatible with international standards. What is needed is for the principal anti-corruption agencies — the ICPC, the EFCC — and other agencies like the Code of Conduct Bureau and the Code of Conduct Tribunal to be truly independent of executive control.
Will a constitutional amendment be needed?
Another solution is to amend Section 174 of the Nigerian Constitution 1999 (as amended) to explicitly remove or limit the powers of the AGF to enter a nolle prosequi in corruption matters. Overall, President Tinubu has to demonstrate genuine political will to combat grand corruption by immediately ensuring the reform of these anti-corruption agencies, to free them from political and excessive governmental controls. President Tinubu and the National Assembly should, without further delay, repeal the country’s outdated anti-corruption laws and bring them in conformity with Nigeria’s international anti-corruption obligations, including under the UN Convention Against Corruption and the African Union Convention on Preventing and Combating Corruption to which the country is a state party.
Can the antigraft agencies also be financially independent?
For example, reforms can focus on mechanisms to guarantee the financial independence of anti-corruption agencies and to empower them with direct and independent rights and freedom to prevent corruption and prosecute corrupt public officials. Hong Kong’s ICAC and Singapore’s CPIB have been successful partly because their independence of resources guarantees their freedom of action.
Should anything be done about constitutional immunity to some officers?
Section 308 of the Constitution, conferring immunity from legal proceedings on certain political officeholders, such as the President, Vice-President, governors and deputy governors, should be amended to explicitly remove immunity for investigation and prosecution of grand corruption cases involving these officers. We have seen how the provision has been misused over the years to allow these officers to escape prosecution for their crimes, exacerbating a culture of impunity for corruption.
Nigeria has received several tranches of Abacha loot from abroad. Will you say the recoveries have been well utilised?
The country has not made the best of the recovery and certainly not for the benefit of Nigerians. Billions of dollars have been reportedly repatriated to the country but much of the recovered funds have been mismanaged, diverted, or re-stolen, and remain unaccounted for. Unfortunately, Buhari blatantly ignored court judgments obtained by SERAP, ordering successive governments since 1999 to account for the spending of recovered stolen assets, including those stolen by Abacha. It is a gross injustice on the victims if the recovered proceeds of corruption are not utilised for their benefit.
What would be your advice to this administration?
President Tinubu should ask the AGF to immediately enforce all the judgments ordering transparency and accountability in the spending of recovered proceeds of corruption. Foreign countries like the US and the UK should immediately suspend further initiatives to return any proceeds of corruption until these judgments are effectively enforced, and there is accountability for the spending of repatriated stolen funds since 1999.
Should loot recovered from ex-governors be returned to such states?
Recovered proceeds of corruption should go directly to victims of corruption. If you send the recovered assets to states, chances are that the proceeds will be re-stolen or mismanaged. You’ll get the same outcome if recovered stolen public funds are kept by the Federal Government. In fact, this is the situation in Nigeria and several other countries. One solution is to set up a trust fund for victims of corruption into which recovered loot can be deposited and then used for the benefit of the victims of the states from which the funds were stolen.
Your second book, Ownership of Proceeds of Corruption in International Law, was recently released. What motivated or informed a book on this subject?
Yes, my second book was published in November by Oxford University Press, UK. This book is a natural follow-up to my seminal book on Corruption and Human Rights Law in Africa (Oxford: Hart, 2014). Briefly, the book challenges the conventional notion that sovereign and ownership rights over wealth and natural resources – and by extension, the proceeds of corruption – should be exclusively exercised by states. The book examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states’ populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering the proceeds of corruption, encouraging the development of domestic laws. The book has been well received. It has received very good reviews, including by Dinah Shelton, Manatt/Ahn Professor of International Law Emeritus, George Washington University Law School, Charity Hanene Nchimunya, Executive Secretary of the African Union Advisory Board against Corruption, H.E Dupe Atoki, Judge ECOWAS Court of Justice and former Chairperson of the African Commission on Human and Peoples’ Rights, and leading Nigeria’s human rights lawyer Femi Falana (SAN). The book was announced during the recently concluded 10th session of the UNCAC Conference of the States Parties (CoSP10) in Atlanta, Georgia, USA, and it was well received by participants at the conference.
It was released in the United Kingdom. Is it available in Nigeria?
Yes, the book was released in the United Kingdom because it was published by Oxford University Press. It was released in the US in February 2024 by Oxford University Press, USA. The book is, of course, available in Nigeria and can be obtained online through the website of Oxford University Press and Amazon.com, Inc, and from several bookshops, including in Africa, Asia, Latin America, Europe and the US.
What change of tactics will you recommend to the anti-graft agencies?
The tactics of each anti-corruption agency are determined by its foundational legislation and operational strategy but any tactics adopted must align with international standards. The biggest challenge is not just punishing corrupt behaviour, but also reversing the prevailing culture in which corruption is viewed as permissible, perhaps normal conduct. So, the anti-corruption agencies can lead the campaign for anti-corruption and rule of law reforms to address the deficiencies in Nigeria’s anti-corruption laws, fortify those laws to meet international standards and ensure the country’s engagement in the global fight against corruption. The agencies can’t achieve much without the Tinubu Administration implementing a root-and-branch reform of the country’s anti-corruption laws and justice system.
Are you concerned that most EFCC chairmen have left controversially?
It is, of course, not strange, especially given, as I have noted, the lack of political leadership that is genuinely committed to stopping corruption. It also shows the lack of independence and freedom of action of anti-corruption agencies generally. The trend will continue unless the heads of anti-corruption agencies are guaranteed tenure protection.
Are you surprised that some of those who served in the last administration are now on trial despite its anti-corruption posturings?
Not at all! Under Buhari, the rule of law degenerated and corruption flourished. The country became more corrupt under his watch. The Buhari government was a lawbreaker, flagrantly disobeying court orders and breeding contempt for law. He simply ignored reports of widespread and systemic corruption in ministries, departments and agencies. Under Buhari, Nigeria consistently ranked low in Transparency International’s Corruption Perception Index. Not that the ranking has improved under Tinubu because the movement from 150 to 145 is so small and insignificant. And as Transparency International has explained, the small changes are due mostly to the efforts of citizens and civil society organisations pushing for transparency and accountability.
In what specific areas did the last administration fail?
In any case, Buhari failed to address the fundamental weaknesses of Nigeria’s anti-corruption enforcement efforts. He certainly didn’t deserve the recognition as the African Union’s first anti-corruption champion in Africa. The AU will do well to withdraw this recognition in light of reports of widespread and systemic corruption and impunity under his watch. And in the light of corruption allegations against some of his cabinet members, Buhari should be investigated and prosecuted if there is sufficient admissible evidence of corruption against him. He doesn’t enjoy any immunity from prosecution. It may be a Nigeria first, but we have seen leaders facing corruption charges in several countries including the US, Argentina, France, Brazil, Pakistan, and South Africa. There’s no reason why this can’t happen in Nigeria. Any former president suspected of complicity in corruption should be called to account. Holding him and other former presidents to account would show that nobody is above the law.
What are your expectations from the Tinubu Administration?
To deliver real change, the Tinubu Administration has to undertake, as a matter of priority, an extensive programme of corruption and rule of law reforms to improve the independence and freedom of action of anti-corruption agencies, rebuild the crumbling justice system, sufficiently address conflicts of interest, empower victims of corruption to take action in corruption and asset recovery matters when the authorities are either unwilling or unable to do so, improve judicial independence and integrity, and make publication of asset declaration forms of public officers constitutionally mandatory. But real change won’t happen unless there is a strong judiciary free from political influence, free and fair elections that are not prone to judicial manipulation, and Nigerians continue to innovate and press for action on corruption. The reforms should include legislation with provisions to offer adequate protections for those who seek to expose corruption or obtain, exercise, defend, or promote human rights and to shift the burden from the state to prove that a government official’s conspicuous wealth was ill-gotten, to the official to prove that that wealth was obtained legally. Such a shift is both feasible and desirable. It will be entirely consistent with international standards, particularly Article 20 [on illicit enrichment] of the UN Convention against Corruption to which Nigeria is a state party. 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, Socio-Economic Rights and Accountability Project, ordering the Federal Government to account for the $460m Chinese loan obtained to fund the failed Abuja CCTV contract; and to publish details of spending of recovered stolen assets since the return of democracy in 1999.
What do you make of the recent nationwide hunger protests?
Protest—whether against hunger or the rule of law crisis—is clearly a good thing, as it tends to put a spotlight on issues of legitimate public interest. Indeed, protest also plays a central role in defending democracy, the rule of law and human rights. The right to peaceful protest is clearly recognised under the Nigerian Constitution 1999 [as amended] and human rights treaties such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights to which Nigeria is a state party. I think the nationwide hunger protest is a wake-up call to Nigerian authorities and politicians to stop using public money to fund their lavish lifestyles. Authorities at all levels of government must genuinely begin to address the persistent human rights challenges such as growing economic inequality, widespread corruption, poverty and the rule of law crisis confronting the country. There is no excuse for the violence witnessed at the later stage of the protests but Nigerian authorities and politicians seem to be complicit here, as there are credible reports that political thugs infiltrated the protests to target and attack peaceful protesters and journalists. Security forces also used reportedly excessive force to disperse protesters. These repressive and authoritarian practices shouldn’t be normal in 2024 Nigeria. Protesters have the freedom to choose the mode, form, place, and message for peaceful protest, and Nigerian authorities have the obligation to manage social conflict through dialogue. Unfortunately, Nigeria is moving in the wrong direction, as the right to protest seems to be a risk in the country. It is completely wrong for Nigerian authorities and politicians to consider citizen mobilisation as a form of disruption of the public order or, even worse, a threat to ‘national security’ or the stability of democratic institutions. This has to change.
How can the recurring issue of the use of force by security agencies against protesters be addressed?
Violence or the use of excessive force by security forces is avoidable during protests. Security forces can and should do better. Protest is a form of individual or collective action aimed at expressing ideas, views, or values of dissent, opposition, denunciation, or vindication. Therefore, the use of force during a protest must be a last resort. Nigerian authorities have a duty to take the necessary measures to prevent acts of violence and security forces must not arbitrarily hinder the exercise of the right to protest. Indeed, Nigerian security forces have the obligation to protect and manage the staging of protests and to fully comply with international standards on the use of force particularly the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. As I said, Nigerian authorities and politicians shouldn’t normalise violence or police brutality in 2024 Nigeria. No one should ever be targeted simply for exercising their human rights including peaceful protest. Nigerian authorities must promptly, thoroughly, impartially, independently, transparently and effectively investigate all cases of attacks and use of excessive force against protesters and journalists and bring those suspected to be responsible to justice. Authorities must ensure access to justice and effective remedies to victims.
Ridwan Oke, Principal Partner of Iris Attorneys LP, has pledged continued contribution to corporate governance.
He stated this during his conferment as a fellow of the Association of Corporate Governance Professionals of Nigeria (ACGPN) led by the President and Chairman, Mazi Sam Ohuabunwa MON, OFR.
Conferring him the membership, ACGPN, through the president stated that Oke’s membership came with high enthusiasm and the association is confident that his addition will inspire and empower the ACGPN with positive impacts.
The association is a non-profit organization comprised principally of corporate governance specialists and business executives in governance, ethics, and compliance functions at public, private, and not-for-profit organizations.
Responding to the membership conferred on him, Oke, noted that it was an opportunity to serve.
He said: “Being a fellow of the Association is an opportunity to make a positive impact in the corporate governance world and I hope to contribute my quota, not just to the association but to Nigeria at large.
“In my little ways, I have contributed positively to SMEs through legal advisory to several clients and businesses, I hope to continue to do more especially through Iris Attorneys LP.”
A Senior Advocate of Nigeria (SAN), Tani Molajo, has stressed the need for Nigerians to seek alternative way of engaging the government on the economic hardship the country is experiencing.
Acknowledging the right of Nigerians to protest, Molajo said protests were not the way out.
In a statement issued in Lagos, the learned silk said there was a need to learn from past experiences.
He said: “Too many of our people, including our colleagues in this profession, do not learn from experience.
“There were warnings against these protests. As we too often do, we asked ourselves an unnecessary question – do we have the right to protest on our streets? Of course we do.
“The right to protest is guaranteed by the Constitution and affirmed by the Supreme Court. We all know that. We have always known it.
“The relevant question is: should we protest on our streets?
“Fully conscious of the experience of our recent past, the obvious answer is “no”.
Molajo went on: “We must seek other ways by which to safely engage the government for the purpose of airing our grievances.
Now that the protest has slid into burning, looting, killing how do we coax the genie back into the bottle?” he asked.
Buyers of Casino Heights may lose the title following a disagreement between Wemabod Limited, the original owners of the land, and GTL Properties Limited, over the development agreement between the parties.
Casino Heights is situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State.
WEMABOD Limited through its lawyer, Gboyega Oyewole (SAN), instituted a suit at the Ikeja High Court numbered ID/6746GCM/2023 against GTL Properties Limited and Casino Heights Estates Limited over the property.
Wemabod is asking the court for “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos, is and remains vested in the claimant.
The property developing company is asking for “a declaration that by virtue of the claimant’s ownership of the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment: and/or lease of same without the express permission, authorisation, and consent of the claimant.
Other prayers are for: “A declaration that the Development Agreement executed between the Claimant and the Defendants is valid, binding and subsisting.
“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situated at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorisation and consent of the claimant.
The claimant is also asking the court for “an order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the express permission, authorisation and consent of the claimant.
It in addition asked the court for “an order of perpetual injunction restraining the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of the suit.”
The suit is presently before the Multi Door Court for arbitration and possible amicable settlement.
However, WEMABOD’s lawyer has applied to the ADR Unit, Lagos State Multi-Door Courthouse, for urgent hearing of the suit.
WEMABOD in the application before the ADR Unit, is seeking the same reliefs sought before the court, which are: “a declaration that by virtue of the Deed of Assignment dated 20th October, 2016 and a Land Certificate No: MQ3202 registered at the Federal Lands Registry, Lagos, the title to the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State is and remains vested in the claimant.
“A declaration that by virtue of the claimant’s ownership oof the property situated at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, the defendants, either by themselves or through their agents, servants, officials, privies or otherwise howsoever cannot take any decision on the sale, assignment, allotment and/or lease of same without the express permission, authorisation and consent of the claimant.
“A declaration that the Development Agreement executed between the claimant and the defendants is valid, binding and subsisting.
“A declaration that by virtue of the valid, binding and subsisting Development Agreement, the defendants, either by themselves or through their agents, servants, officials, privies and howsoever called cannot unilaterally take any decision on the sale, assignment, allotment and/or lease of the property situated at 206, Herbert Macaulay Way, Lagos, Mainland Local Government Area, Yaba, Lagos State without the express permission, authorisation and consent of the Claimant.
“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally selling, assigning, allotting and/or leasing the property situate at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State, without the without the express permission, authorization and consent of the Claimant.
“An order of perpetual injunction restraining the Defendants, either by themselves or through their agents, servants, officials, privies and howsoever called from unilaterally taking any decision that will or likely interfere with the Claimant’s ownership rights of the property at 206, Herbert Macaulay Way, Lagos Mainland Local Government Area, Yaba, Lagos State. And cost of this action.”
The Nigerian Bar Association (NBA) Ado-Ekiti Branch has established an Elders Forum to serve as an advisory body to the association.
At the inaugural meeting of the Elders Forum in Ado-Ekiti, the Ekiti State capital, where some senior lawyers were honoured, the Branch Chairman, Taiwo Omidoyin, said the forum was constituted to offer guidance to the branch.
Notable among senior lawyers honoured in recognition of their contributions to the legal profession included ex-Attorneys-General of Ekiti, Mr. Obafemi Adewale, SAN, Mr. Kolapo Kolade, SAN, and the pioneer Chief Registrar of the Customary Court of Appeal, Ekiti State, Mrs. Titilola Ola-Olorun.
Others were former Attorneys-General of Ekiti State, Mr. Owoseni Ajayi, Prof. Sesan Fabamise, Mr. Donald Fajuyi, serving and retired directors in the state Ministry of Justice as well as principal partners of some law firms in the state, amongst others.
Omidoyin said the forum, apart from playing advisory role, would also provide mentorship to younger lawyers as the state is blessed with senior lawyers who have distinguished themselves in the legal profession.
According to him, the membership of the Forum comprises Senior Advocates of Nigerian, professors of law, serving or past attorneys general of Ekiti State, public servants not below the rank of a director.
Others are all past chairmen of the branch, members not below 50 and members called to the Bar not later than year 2000.
He said: “I believe our respected elders have significant roles to play in shaping future of legal practice and the younger generation has a lot to learn from their vast wealth of experience and expertise, especially in the area of mentoring.
“Upon my inauguration as the Chairman of NBA Ado-Ekiti Branch, I announced that one of the primary focuses of this administration will be to have continuous interactions with Elders in the profession and i’m happy the vision came to reality. The role of the Elders Forum are mainly advisory and mentoring”, he added.
Ajayi, a former Attorney General of Ekiti State, commended the Omidoyin-led executive for its leadership style, saying the branch has never had it so good in its history.
He expressed gratitude on behalf of the elders, pledging to continue to support the branch as well as legal practice in the state.
Anambra State indigenes in Alor, under the Concerned Indigenes of Alor Ancient Kingdom in Idemili South Local Government Area, have sought the intervention of the state government over the actions of Collins Ebele Chukwumesili, who claims to be the traditional ruler of the community.
They said the state recognised His Royal Majesty, Igwe Chinedu Elibe Okonkwo (EzediIhamma III) as their monarch.
In a petition to the Commissioner of Police, Nnaghe Itam, and Commissioner for Local Government, Community and Chieftaincy Affairs, Tonycollins Nwabunwanne, by their lawyer A.K. Agbasiere, they called for a swift intervention to forestall a breakdown down of law and order in the community.
According to them, in Anambra, a traditional ruler must be recognised by the state government and be issued a certificate of recognition before his Igweship is recognised by the people.
This, they said, is as provided under sections 7 and 8 of the Traditional Rulers Law Revised Laws of Anambra State 1991.
The Executive Secretary, Lagos Domestic and Sexual Violence Agency (DSVA), Mrs. Titilola Vivour-Adeniyi, has harped on the need for commitment and resilience in building the desired agency for the fight against sexual and gender based violence (SGBV).
She also spoke on the referral pathway which has been mainstreamed into the various sectors, adding that it also involved approaching the issue from a multi -disciplinary lens.
Mrs. Vivour-Adeniyi stated this in her welcome address when the Federal Capital Territory Women Affairs Secretariat and the Abia State Ministry of Women Affairs delegates last week paid a study visit to the Lagos DSVA.
Mrs. Vivour-Adeniyi gave an overview and history of the Lagos DSVA, while talking about how the agency had been able to make progress in the fight against the scourge.
The visit provided the delegates with an opportunity to learn and impart knowledge as the delegates from the Federal Capital Territory Women Affairs Secretariat and the Abia State Ministry of Women Affairs embarked on a study visit to the Lagos State Domestic and Sexual Violence Agency on July 24, 2024.
She in addition stressed the need for political will on the part of those saddled with the responsibility of fighting SGBV in the state.
She said this would not have been possible without the support of Governor Babajide Sanwo-Olu, and, by extension, the Chief Judge of Lagos State, Justice Kazeem Alogba, and the Speaker of the Lagos State House of Assembly, Rt. Hon. Mudashiru Obasa
She took the delegates on a tour of the facility and relayed the various functions the departments and units engage in.
The Mandate Secretary, FCT Women Affairs Secretariat, Dr. Adedayo Benjamin-Laniyi, gave a brief on the efforts of her office, rising from an impeded relevance.
Mrs. Benjamin-Laniyi said within nine months of it’s creation, her office had embarked on sustainable initiatives to drive behavioural and attitudinal changes.
She hoped to achieve a tripod facility in conjunction with the Abia State’s Ministry of Health and the Ministry of Justice.
Her counterpart, Mrs. Ngozi Felix, who is also the commissioner for Women Affairs, Abia State, thanked the DSVA for meeting with her team.
She described the DSVA as the best in the country.
Mrs. Felix stressed that the current dispensation in Abia State had the political will and her team remained ready to learn more to enable them deliver on their mandate.
The representative of ROLAC and State Coordinator, Mrs. Joan Abimbola, in her goodwill message, expressed gratitude to the Lagos DSVA for taking on the delegates and assured them of the continuous support of the organisation.
The heads of the Lagos DSVA Departments made presentations on their functions and the delegates also visited the Virtual Response and Referral Services (VRRS office) of the agency.
