Category: Law

  • Businessman seeks IGP’s protection from land grabber

    Businessman seeks IGP’s protection from land grabber

    A businessman, Mr Adenuga Olanrewaju, has appealed to the Inspector General of Police, Kayode Egbetokun, to save his life and family from a suspected land grabber who is using corrupt officers to threaten them.

    Olarenwaju alleged that one David Huesu, an engineer, was killed by army officers who invaded his land on the land grabber’s instruction.

    He said he noticed strange individuals around his house afterwards, and that his family’s safety is now in danger.

    According to him, on July 20, at about 4:30 am, he received the news that Huesu was killed while working on his site by soldiers allegedly hired by the land grabber.

    He urged the IGP to investigate the extra-judicial killing allegedly carried out by soldiers accompanied by policemen despite an ongoing investigation on an earlier petition.

    The ‘‘Save-Our-Soul” petition was also sent to the Attorney-General of the Federation, the Chairman of the Police Service Commission and the Minister of Police Affairs, urging them to come to his rescue over what he called “killings, maiming, harassment, violence and attempted cover-ups”.

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    He urged the IGP to expand the web of investigation by his Monitoring Unit to uncover the cause of death and to bring culprits to book.

    Olarewaju stated that on April 26, he petitioned the IGP office regarding another invasion. His case was assigned to the IGP Monitoring Unit, which invited all parties to the Police Force Headquarters, Abuja.

    But he was surprised that while the investigation was on, the land grabber, along with the aid of thugs and a combined team of military personnel, invaded his property, killed Huesu and injured other workers.

    The petitioner claimed the land grabber operates with a syndicate and enjoys military and police protection to hijack his land.

  • Court directs family to recover land

    Court directs family to recover land

    A Lagos High Court has granted the Oni-Orisan family of Epe,Lagos, the order to recover possession of its land which was hitherto allegedly encroached by China Harbour Company Limited.

    The judge, Hon. Justice I.O. Harrison had ruled that the claimants, Mr. Sikiru Oni-Orisan, Alhaja Kuburat Oni-Orisan Jenrade,Chief Olawale Ademola Oni-Orisan, Alhaja Shakirat Alabi and other members of the Oni-Orisan family,  could recover their land  known as Oju Ota, Oko Orisan Farm Land and use for whatever purpose they deem fit.

    She noted that the defendant, China Harbour Company, had no moral justification to claim the disputed land.

    According to the judge, the court finds that the claimants have complied with the requirements of Order 53 of High Court Rules 2004, and have shown that the defendant is in occupation without the licence or consent of the claimant and there is no known legal relationship between the claimants and the defendant.

    She said: “The court finds that the claimant has also complied with the provisions of Order 53 Rule 2 and 3 of High Court Rules 2004 and should thus be entitled to its claim.The court finds that the claimants from the affidavits and exhibits attached have satisfied the laid down criteria in Order 53 of the High Court Rules 2004 and once there is full compliance the court is enjoined to grant the order for possession.

    “The defendant is not a tenant of the claimants.  The defendant is not a licensee of the owner or person entitled. The defendant is not a person who has the consent of the predecessor in title of the person who is entitled to possession.”

    The claimant, the Oni-Orisan family, noted that part of the land known as Oko-Orisan is bounded on the east by Oshodi family land, on the west by  Mejona and Mako. It claimed the defendant was in occupation of a portion of the land,  Oju-Ota bounded by Ibeju-Lekki express-way on the east, proposed road on the west, Mako on the north and proposed road on the south without the family authority, approval or consent.

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    The family noted that an  originating summons was duly effected and served to Engineer Huang Jiang at the company premises situated at Oju-Ota, Oko-Orisan Lekki-Epe Express-way, Lagos State, but the defendant failed to show up in court.

    Speaking to reporters, Head of the Oni-Orisan family, Chief Mrs Modupe Olayimika Oni-Orisan  Damazio, said with court judgement in  their favour, the family has been vindicated and is poised on taking over the landed and ensure infrastructural development of the area by constructing schools, healthcare facilities, among other social amenities on over 15 hectares of land.

    She urged others with landed properties to utilise them for social development and improve the nation’s economy instead of  allowing them to lie fallow.

  • Olawuyi bags Justice award

    Olawuyi bags Justice award

    Frontline international law expert and the Deputy Vice Chancellor of Afe Babalola University, Ado Ekiti, Prof. Damilola  Olawuyi (SAN), has been awarded the 2024 Weeramantry International Justice Award in recognition of his commitment to international law, peace and sustainable development.

    The award was presented to Prof. Olawuyi on Friday, at this year’s Global Symposium on the Natural World, the Sustainable Development Goals and the Law organized by the Centre for International Sustainable Development Law in partnership with the University of Cambridge, United Kingdom, McGill University, Canada, United Nations Environment Programme amongst other international partners.

    The award committee specifically commended Prof. Olawuyi for “pioneering scholarship on sustainable development in the Middle East and North Africa.”

    After receiving the award, Prof. Olawuyi said: “It is an absolute honour to receive the Weeramantry International Justice Award, a prestigious award in honour of the late erudite judge and former Vice President of the International Court of Justice.

    “For many years, the insightful opinions of Judge Weeramantry in landmark environmental cases, as well as his commitment outside of the courtroom to world peace, justice and human development greatly shaped my own interest in the field of international law.

    “So to be found worthy of recognition and mention in this elite category of recipients of this award is a special moment.”

    He dedicated the award to his family, friends and mentors, especially the Chancellor and legal giant Aare Afe Babalola, SAN, for the kind and unflinching inspiration and support that have continued to shape my interest and work in international law and sustainable development.

    ”A Harvard and Oxford trained scholar with expertise in energy, environment, business, human rights, and public international law, Prof. Olawuyi is the President of the International Law Associaiton (Nigerian Branch) and has received several international awards for his work.

    ‘‘In 2020, he was elevated to the coveted rank of Senior Advocate of Nigeria (SAN) becoming the youngest academic to recieve the rank of SAN in Nigeria. In 2021, he was appointed by the Federal Government of Nigeria as a member of the Governing Board of the Nigeria Extractive Industries Transparency Initiative (NEITI).’’

     In 2022, he was appointed by the President of the United Nations Human Rights Council to represent Africa as an Independent Expert on the United Nations Working Group on Business and Human Rights.

    In this capacity, he supports governments, business enterprises, civil society actors and other stakeholders across the world in advancing responsible investments that respect human rights and advance sustainable development.

     In 2023, he received the top prize in academic publishing by the American Society of International Law (ASIL), the “Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars” in recognition of his pathbreaking book ‘Environmental Law in Arab States’ published by Oxford University Press.

    Similarly in 2023 he received the BOK Visiting International Professorship at the University of Pennsylvania Law School, America and has served as visiting professor at Oxford, Cambridge, Columbia and Birmingham universities, and others.

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    A global citizen and diplomat, Professor Olawuyi  has delivered lectures on energy law in over 50 countries in Europe, North America, Asia, Africa and the Middle East, and has served as consultant to the World Bank, UN agencies, governments, multinational corporations, and civil society organisations on issues related to energy, environment, business and human rights.

    The Weeramantry International Justice Award is granted to “distinguished senior-level jurists whose lifeworks, intellect and character offer the highest possible credit to the memory of his Excellency the late Judge Christopher Gregory Weeramantry (1926 –2017), former judge and vice-president of the International Court of Justice (ICJ).”

     The Weeramantry Award had in the past honours Justice CG Weeramantry’s international legacy, including his concern for the interests of current and future generations, his commitment to international law, peace and sustainable development, and his global humanism and leadership in the law.

  • Law officers vow to protect citizens’ rights

    Law officers vow to protect citizens’ rights

    The President of the Law Officers Association of Nigeria (LOAN), Comrade Yusuf Abdulkadir has urged members of the group to recommit themselves to their duties of promoting the rule of law and protecting citizens’ rights.

    Abdulkadir spoke while welcoming participants to the association’s second national executive council held between July 3rd and 5th in Abuja.

    The LOAN President noted the increasing changes in the nature of law officers’ responsibilities and advised that they should not relent in their commitment to the tasks ahead.

    He said: “Our collective mission is to maintain low and order, protect the rights of citizens, and promote a just society, which is both noble and challenging.

    “In today’s rapidly evolving world, we face new and complex legal issues that require our utmost attention and expertise.

    “From cybercrime to human rights violations, we must stay vigilant and adapt our strategies to effectively address these challenges, even, in the midst of panoplies of challenges.

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    “I encourage you to remain unrelentless in our collective visions, we should continue to foster collaboration and knowledge-sharing among the ranks and file of law officers, be our brother, keeper and more importantly, be prayerful.

    “Together, we can tackle the most pressing legal issues for law officers and find innovative solutions to safeguard the rights and well-being of our fellow citizens, member and other stakeholders in driving the  administration of justice,” he said.

    The LOAN President noted that the core responsibilities of the association’s members, within the context of justice administration and as provided in the Constitution, is to complement the efforts of the Attorneys-General.

    He then urge law officers in the country to remain steadfast in upholding the principles of integrity, fairness, and impartiality, as legal professionals.

    Abdulkadir added: “”Our challenges are enormous, but we must unite and work as a team to achieve our goal. Together, we will strengthen the rule of law and foster a just society for generations to come.

     “We must serve as beacons of justice and ensure that our actions inspire trust and confidence in the legal system as vanguard of justice delivery.

    “We must not relent in our efforts to champion the course of justice and to identify ourselves with the notional issues.

    “Although, our work goes beyond mere enforcement of laws, it is about protecting the fundamental rights and liberties of citizens.

    “We must strive to create a  society where justice prevails and citizens live their lives with dignity and equality,” he said.

    Abdulkadir, while commended all those whose efforts led to LOAN’s  registration as a trade union, also hailed the Attorney General of the Federation AGF (AGF), as the Chairman of the Body of Attorneys General, for his assistance to LOAN and its members.

  • My 20-point agenda for NBA Ijebu-Ode Branch, by Yusuf

    My 20-point agenda for NBA Ijebu-Ode Branch, by Yusuf

    The new chairman of the Nigerian Bar Association (NBA),  Ijebu-Ode Branch, Dr Fassy Yusuf, has promised that his administration would galvanise the branch and make it primus interpares.

    Dr Yusuf promised that his team would not fail nor falter while piloting the affairs of the branch over the next two years.

    While  noting that the past executive led by Mrs Stella Ogbonna had achieved a lot, he said his team would take it from where they stopped and achieve more and also ensure justice, equity, fairness, democracy and others within its operating environment.

    “Consequently, we shall strive with all our might to perform believing that only the best is good enough for us as an entity. We are committed to making a huge difference that you all would be proud of.

     “We shall strive to make a difference consolidating on what our predecessors have achieved, by breaking new grounds and additional milestone for us to know that our branch can always achieve more”, he assured.

    He released a 20-point agenda through which he and other members of the new executive committee planned to galvanise the branch and turn it into a primus enterprise.

    To achieve their vision and mission, the executive committee members on July 9, had a retreat on their core goals for the development of the branch.

     While thanking the branch’s benefactor for his generosity and commitment, Dr Yusuf said his administration would ensure and deliver on the completion, including furnishing and occupation of the branch’s secretariat and making it one of the best in the country.

    He promised to create  a visible identity for the Ijebu Ode branch of the NBA, stressing that the branch must be known for certain pragmatic features, in truth and deeds.

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     Dr Yusuf said the branch would be known for defending  the defenceless and the voiceless and hold regular consultations with the judiciary, magistracy, Ministry of Justice, Governor’s Office, among others, for the good of all. 

    He said his administration would establish regular consultative and mutually beneficial fora/forums with the police, army, State Security Services (SSS), the Nigeria Security and Civil Defence Corps (NSCDC), National Drug Law and Enforcement Agency (NDLEA), Economic and Financial Crimes Commission (EFCC), Nigeria Customs Service (NCS) Nigerian Communication Commission (NCC) and other similar agencies or bodies.

    He said his team would work on improving the image of the branch through strategic, deliberate and sustainable activities, defend the integrity of the Bar by adhering to the rules of the profession and use technology to drive the branch’s operations.

    He said they would also make the legal profession more attractive to the younger ones from high school through mentoring and coaching.

     He promised  to ensure the unity and sanctity of the profession by eliminating rancour, disorderliness, lack of focus, lack of credibility and disunity through constant dialogues with the generality of the branch, in addition to placing emphasis on decency and gentlemanly conduct of members in every material sense.

    His other agenda included ‘‘designing of an effective welfare strategy, including Cooperative Society with inputs from all of us, attracting verifiable positive development including funds to the branch for the good of all, creation of a data bank for the branch to capture every member- the elders, seniors and juniors for a more relevant and responsive service delivery’’.

    The new chairman bar said he would be committed to capacity building and intellectual pursuits with regular and occasional publications by the branch.

    To attain all these, he promised the establishment of very effective and responsive secretariat for the branch. ‘‘We have today employed an Administrative Officer in this regard and to rejig all committees for effective and rapid service delivery,’’he said.

     Provision of  branch mobile telephone lines, e-mail address, website and social media handles for seamless communication and interaction were part of what he promised.

    Dr Yusuf said they would empower the remuneration committee to perform optimally for the good of the profession and give the cloakroom urgent face-lift before the final movement to their permanent secretariat.

    “We are aware that service or governance is not a tea party. It is gargantuan. It is laborious. It demands commitment. It calls for the development of a strategy and the devising of modus operandi for implementation. 

    “We need to establish our Key Performance Indicators (KPIs) and tract performance. Our constituency is watching.

     “We shall dare to make a difference, consolidating on what our predecessors have achieved and covering new grounds or additional milestones, for all to know that our branch can always achieve more”, he assured.

  • How to tackle multi-billion naira insider abuses, malpractices in banks, by Ogunsakin

    How to tackle multi-billion naira insider abuses, malpractices in banks, by Ogunsakin

    Increasing innovations in the world’s financial technology-driven economy urgently necessitate the use of complex investigation techniques and evidence-gathering by Nigerian security agencies, a retired Assistant Inspector General of Police, Mr. Tunde Ogunsakin, has said.

    “In Nigeria, tackling insider abuses and financial malpractices within the banking sector demands a sophisticated approach to investigation techniques and evidence-gathering.

    “With the pervasive nature of financial misconduct and insider threats, robust investigative strategies are essential to uncovering wrongdoing and ensuring successful prosecutions,” he said.

    Ogunsakin addressed top security and law enforcement agents at a workshop organised by the Nigeria Deposit Insurance Corporation (NDIC) on “Investigation techniques and evidence-gathering towards successful prosecution of insider abuses and financial malpractices in banks.”

    The lawyer, who undertook several assignments in criminal investigation, fraud investigation and extensive police operations, emphasised the need for speedy and effective innovations.

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    He dwelled on his experiences as Head of Investigations at the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Director of Operations at the Economic and Financial Crimes Commissions (EFCC) and head of the police training department, cybercrime and counter-insurgency at various times.

    The crime buster identified ten top insider abuses and financial malpractices that urgently need to be curbed in Nigerian banks.

    According to Ogunsakin, these include money laundering, embezzlement, unauthorised trading, insider trading, fraudulent lending practices, misuse of confidential information, manipulation of financial statements, falsification of records, bribery and corruption as well as illicit collusion with external parties.

    The ex-AIG pointed out that resource constraints, legal issues, inadequate cooperation and the complexity of financial transactions are among the serious challenges now being faced in the investigation and prosecution of crimes within the nation’s banking sector.

    Ogunsakin recommended a strong focus towards having vastly updated investigated techniques that include use of forensic accounting, digital forensics, and surveillance tactics.

    He noted that technology has revolutionised modern investigations for the effective tackling of insider abuses and financial malpractices within Nigerian banks.

    According to Ogunsakin, artificial intelligence and machine-learning algorithms enhance fraud detection capabilities by identifying unusual patterns and behaviours.

    He added that real-time monitoring and surveillance technologies as well as optimal use of data analytics tools establish connections that provide evidentiary foundations for prosecutions and regulatory bodies.

    He said interviews, interrogations, document examination, transaction tracing, data analysis, evidence collection and chain of custody tracking are also among investigative techniques that need to be utilised more effectively with the use of advanced methods.

    He stressed the significance of operational leadership, communication, training, feedback and monitoring processes in the effort to curb banks’ insider abuses and financial malpractices.

    Ogunsakin advised banks to give more rigorous attention to internal controls and risk management, training and awareness programmes on ethics, data security and detection techniques for employees and the implementation of effective whistleblower mechanisms that include anonymity, protection and prompt investigations.

    He continued: “Effective investigation begins with understanding the intricate operations of financial institutions and the regulatory landscape governing them.

    “This includes adhering to frameworks like those outlined by the Central Bank of Nigeria (CBN) and other regulatory bodies, which mandate stringent measures for detecting and mitigating financial crimes.

    “The complexity of insider abuses requires a multi-faceted approach that combines digital forensics, financial analysis and compliance audits.

    “Leveraging advanced technology tools and forensic methodologies is necessary for identifying digital footprints and tracing financial transactions that might indicate illicit activities.

    “Insider abuses and financial malpractices in banks represent significant threats to financial stability and trust within the banking sector in Nigeria.

    “These abuses often involve individuals with privileged access and intimate knowledge of internal processes, allowing them to exploit loopholes for personal gain or to manipulate financial systems undetected.

    “Financial malpractices, on the other hand, encompass a broader spectrum of unethical or illegal activities perpetrated within banks.

    “These may range from misreporting financial statements and engaging in money laundering to manipulating interest rates and breaching regulatory compliance standards.

    “In Nigeria, where regulatory oversight and enforcement can vary, these malpractices pose significant challenges to maintaining a stable and transparent banking environment.

    “Common forms of insider abuses include embezzlement, unauthorised trading, and fraudulent lending practices.

    “Such actions jeopardise the financial health of banks and decrease the public confidence in the integrity of the financial system.”

  • Businessmen sue IGP, others for N1b over continued arrest, detention

    Businessmen sue IGP, others for N1b over continued arrest, detention

    Two businessmen, Teniola Adesanya, and Goodluck Olatunde, have filed a N1 billion suit against the Inspector General of Police (IGP) and six others over their detention and continuous threats to further arrest and detain them over a purely commercial dispute.

    The suit, marked: FCT/HC/CV/3237/2024 was filed for them before the High Court of the Federal Capital Territory (FCT) by their, Mr. B. S. Akinwumi.

    Adesanya and Olatunde are suing along with the companies – Oxford International Group Limited, Oxford Gold Integrated Ltd, Oxford Green Farms Ltd, Oxford Real Estate and Facility MGT Ltd, and Oxford Commercial Services Ltd.

    Listed as respondents in the fundamental rights enforcement suit are the IGP, the Nigeria Police Force (NPF) DIG Habu Sabi, ACP Mohammed Lawan, the Economic and Financial Crimes Commission (EFCC) and the Dangote Group Staff Multi-purpose Cooperative Society Ltd.

    The applicants stated, in the statement supporting their application, that they had operated smoothly met their investors’ expectations and ensured return on their investments until when they had an issue with the Security and Exchange Commission (SEC).

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    They stated that during the dispute with SEC, their businesses were hampered, which made it difficult for them to pay their investors, including the Dangote Group Staff Multi-purpose Cooperative Society, what was due to them as when due.

    The applicants added that while efforts were on to resolve their issue with the SEC, some of their investors panicked and petitioned the NPF, which led to their earlier arrest and detention along with some of their staff.

    They stated that, while the dispute with SEC was ever resolved via a consent judgment of the Federal High Court, in which their companies were directed to pay only the investment sum to their investors without any interest, police investigation also showed that they committed no criminal offences.

    The applicants noted that not only did the consent judgment show that the whole issue was commercial, but police investigation of the complaints by some of their investors also showed that the transactions had no criminal elements.

    The investigation report, released by the NGF, dated July 27, 2023, and signed by DCP Tahir Usman of Force Criminal Investigation Department (FCID), Abuja, which is attached to the suit, showed that the transactions had no criminal elements.

    Part of the findings in the report reads: “The entire case was based on a purely civil contract.

    “The police have no legal backing to delve into matters that are purely civil, moreso, a case that a court of competent jurisdiction had ruled that the company makes a refund to its investors without delay.

    “It is worthy of note that at the time of going into the contract between the parties, there was no criminal intention, it was purely a profit-making venture.

    “The police as an organization, should not allow itself to be used in civil matters, more especially where financial transactions are involved and no traces of elements of crime.”

    The applicants stated that despite the consent judgment, which they have continued to comply with, and the findings in the police reports, some officials of the NPF have continued to harass them and threaten them with arrest and further detention.

    They are praying for the court to among others, intervene and grant all the reliefs they are claiming to ensure that the NPF, its officials, and the EFCC “do abuse their investigative and prosecutorial powers.”

    The applicants want the court to issue an order of perpetual injunction restraining the IGP, other respondents, and their agents from continuing to invite them, harass them, and threaten to arrest and detain them over the same transactions with their investors.

    They equally seek an order directing the respondents, except the EFCC, to pay them N1 billion as damages for the breach of their fundamental rights.

    The applicants also want a declaration that, in the face of the consent judgment with SEC, the police report, and the concluded civil settlement between them and Dangote Group Staff Multi-purpose Cooperative Society, they are not criminally liable to any of their investors and can no longer be subjected to continued police investigation and threat of arrest and detention.

  • How Osigwe won alandslide in NBA election

    How Osigwe won alandslide in NBA election

    Former General Secretary of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, won a landslide in its election held at the weekend. He beat his opponents for president – Chukwuka Ikwuazom and Tobenna Erojikwe – by a wide margin. Both have rejected the results as congratulations pour in for the winner. Deputy News Editor JOSEPH JIBUEZE highlights the tasks before Osigwe, who will be sworn in at the Annual General Conference in Lagos next month.

    Before the election was held on Saturday, the projections had favoured Mazi Afam Osigwe as the candidate to beat for the position of president of the Nigerian Bar Association (NBA).

    It was not surprising to many observers when he took the ascendancy in the polling as results of the virtual election, updated per minute on the viewing portal, streamed in.

    He stayed ahead from the exercise beginning at midnight on Saturday till voting ended at 11.59 pm.

    Electoral Committee of the NBA (ECNBA) Chairman, Oluseun Abimbola (SAN), declared the Osigwe the winner, having secured 50.52 per cent of the votes cast.

    He scored 20,435, garnering 9,437 more votes than the Chairman of the NBA-Institute of Continuing Legal Education Governing Council, Tobenna Erojikwe, who scored 10,998 votes (27.19 per cent).

    Former NBA Lagos Branch Chairman, Chukwuka Ikwuazom (SAN), came third, with 9,018 votes (22.29 per cent).

    Announcing the results at NBA House in Abuja on Sunday, Abimbola said 40,451 votes were tallied, while there were 205 abstentions.

    Sabastine Anyia was elected first vice president with 12,114 votes (33.14 per cent); Mrs Bolatumi Animashaun was elected second vice president with 26,534 votes (70.47 per cent); Mrs Zainab Garba scored 23,550 votes (62.89 per cent) to emerge third vice president.

    Dr Mobolaji Ojibara was elected General Secretary with 25,713 votes (68.67). He defeated Abdulwasiu Alfa, who polled 11,730 votes.

    Publisher of barristerng.com, Mrs Bridget Edokwe, was elected National Publicity Secretary with 19,542 votes (51.16 per cent).

    Other winners are Mrs. Blessing Imo Udofa-Poromon, Treasurer; Mr. Nyada Auta, Welfare Secretary, and Miss. Ebiere Ekpese, Assistant Publicity Secretary.

    Osigwe promises inclusive administration

    In his acceptance speech, Osigwe said he was enormously grateful for the privilege and honour to be entrusted with the responsibility of piloting the NBA’s affairs from next month.

    The incoming president added: “The outcome of the NBA 2024 NBA National Officers Election is a testament to our collective commitment to advancing the cause of justice, upholding the rule of law, and fostering a vibrant and inclusive legal community.

    “The election reflects our unwavering desire to engender a Bar that does not wait for problems or crises to arise or exacerbate before taking action. We are therefore all winners.

    “I extend my sincere appreciation to my colleagues and friends, Chukwuma Ikwuazom SAN and Tobenna Erijiokwe, for their dedication to our profession and democratic process.

    “Our shared commitment to the NBA and our profession fostered robust discussions throughout the campaign.

    “Your passion and dedication to the legal profession ensured that our contest remained focused on substantive issues.

    “I am committed to leading a proactive Bar that diligently identifies and addresses potential challenges.

    “Under my stewardship, our Bar will uphold vigilance, responsiveness, responsibility, constructive engagement, and forward-thinking.

    “We will actively tackle issues that hinder the administration of justice and respond to emerging trends that impact legal practice.

    “I am grateful to my campaign team, advisers, volunteers, and supporters who dedicated themselves tirelessly to share our message with fellow members.

    “Your unwavering support, sacrifice, and belief in our mission were instrumental in achieving this electoral success.

    “As we move forward, I pledge to serve with integrity, transparency, and unwavering dedication.

    “We face many challenges, but I am confident that together, we can overcome them and usher in a new era of progress for our association.

    “My administration will be inclusive, ensuring that every voice is heard and every concern is addressed.

    “We will work tirelessly to enhance the welfare of our members, uphold the dignity of our profession, and contribute meaningfully to the advancement of our society.”

    Tinubu, Maikyau send greetings

    President Bola Ahmed Tinubu congratulated Osigwe on his election.

    In a statement by his Special Adviser on Media and Publicity, Ajuri Ngelale, President Tinubu also commended Maikyau on his leadership of the association and congratulated all newly elected officers and members on a successful election.

    “The President congratulates all newly elected officers of the NBA and members of the association on a successful conduct of the elections.

    “The President assures the new leadership of the NBA of his administration’s support in addressing challenges affecting the association and the legal profession in general,” the statement said.

    Outgoing NBA president, Yakubu Maikyau (SAN), congratulated the winners and the candidates, as well as NBA representatives at the General Council of the Bar on their victory.

    He described their triumph as a “call to service,” saying of those who lost: “Their desire to serve in various positions is clear demonstration of their commitment to make sacrifices and continue to promote primary objectives of the Bar for the good of our members and the generality of the people.

    “I am confident that, while they may not have succeeded in getting elected into the offices they contested for, their commitment to be Bar will remain undiluted, and will lend support to those who emerged winners in the quest to build a dynamic Bar.”

    The NBA President commended Abimbola for the integrity, transparency, efficiency, responsiveness and effectiveness, with which the committee carried out its constitutional mandate..

    This, Maikayau said, led to “a free, fair and credible election through a process that was seamless and hitch-free”.

    “This election shall serve as a model not only for subsequent NBA elections,  but a template that could be considered for the nation at large,” Maikyau added.

    Ikwuazom, Erojikwe kick Midway through the election, Ikwuazom withdrew.

    He said despite “overwhelming support,” it appeared that the system was manipulated towards a predetermined outcome, consistently placing him in third.

    “As a candidate committed to upholding transparency and the rule of law, I cannot in good conscience continue to participate in a compromised electoral process,” he said.

    Ikwuazom subsequently asked the ECNBA to grant him access to the server and related information within 48 hours.

    In a July 21 letter to Abimbola, he alleged the process was marred by irregularities and demanded about 18 documents relating to the elections.

    Ikwuazom alleged identity theft, discrepancies in vote patterns, suspicious vote increase patterns and discrepancies in vote display and update.

    On identity theft of voters and potential double-voting, he said: “Multiple voters reported being unable to cast their ballots as the system indicated they had already voted when they had not.

    “Upon complaining, some of these supporters subsequently received another link to cast their votes.

    “This situation demonstrates clear instances of either double-voting or possible data manipulation.

    “These occurrences raise serious concerns about the voter database’s integrity, the security of the voting process, and the potential for unauthorised manipulation of voting records.

    “Discrepancies in vote display and update: During the election, it was observed that the vote viewing portal (https://go.ecnba.org/results/) merely displayed Portable Network Graphics (PNG) images that were uploaded at intervals rather than a page directly and automatically accessing data from a primary database/election platform (electionbuddy.com).

    “Furthermore, despite the page being programmed to refresh every minute, it often required two or more refreshes for voter data to update.

    “This significant lag between the display portal and the originating system raises concerns about the real-time accuracy of the displayed results and the potential for data manipulation between systems.

    “Suspicious vote increase pattern: Throughout the entirety of the election, the number of votes attributed to the winning candidate exhibited a steady increase in an almost exact geometric progression at the top of each hour.

    “This pattern is strongly indicative of a pre-programmed vote allocation, rather than a natural accumulation of votes.

    “This observation raises serious concerns about the authenticity of the vote-counting process and the overall integrity of the election results.

    “Discrepancies in vote patterns: The reported voting figures show significant inconsistencies with the actual votes cast by my supporters.

    “The voting patterns suggest a potential manipulation of the system to favour a predetermined outcome.

    “These issues undermine the election’s credibility and necessitate a thorough examination of the electoral process and systems.

    “Pursuant to paragraph 8(C), Part II of the Second Schedule of the NBA Constitution 2015 (as amended), I hereby formally request access to all critical information, documents, and databases used in the recently concluded NBA Presidential Elections, including the back end of the election portal.”

    Ikwuazom requested full access to server and application log files used during the election period; access to the election systems architecture documentation; complete database records, including voter information and voting transactions; network traffic logs from the election period, all incident response documentation or reports from the election cycle; details of security measures and protocols implemented for the election, among others.

    Erojikwe demands audit

    Erojikwe said he had “a reasonable and well-informed basis to believe that the electoral process and the election were not credible or satisfactory.”

    Among the issues he raised are: “Pre-election concerns: It is on record that in the process leading up to the elections, I wrote to the ECNBA on at least three occasions to express my concerns and highlight certain breaches and irregularities surrounding the election.

    “It was not until four hours before the commencement of polls that the ECNBA published the full list of eligible voters in defiance of the provisions of Paragraph 9 of Part V of the Second Schedule to the NBA Constitution, which provides in mandatory terms that the ECNBA shall publish the full list of voters at least 45 (forty-five) clear days before the date of the election.”

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    On suspicious vote tallying, Erojikwe said: “The rare phenomenon where the number of votes ascribed to the winning candidate steadily increased in an almost exact geometric progression at the top of each hour for nearly the entirety of the election in a manner which, our cyber analysts professionally believe, is demonstrative of a pre-programming of votes.”

    Regarding discrepancies in vote counts, the candidate said: “At different times, the sum of the votes cast for the candidates was either in excess of, or less than, the total votes tallied at the relevant time.

    “For a process where the tallying is automatic, such a statistical discrepancy is inexplicable.

    “While the actual voting took place on the platform provided by Election Buddy, i.e., electionbuddy.com, the live election results were exhibited on a completely different and unrelated platform, go.ecnba.org.

    “Technical experts engaged by me find this rather curious and strange, and it questions the integrity of the results.

    “Many of our supporters reported that they woke up to emails acknowledging that their votes had been submitted even before they had the opportunity to cast their votes.

    “Upon complaining, some of these supporters subsequently received another link to cast their votes.

    “Despite the fact that the election was widely advertised to commence by 12:00 a.m. and end by 11:59 p.m. on Saturday, July 20, 2024, voting continued into the early hours of Sunday, July 21, 2024, and the numbers of votes continued to increase.

    “I am, at this time, unable to accept the election result announced by the ECNBA. Instead, I am immediately calling, in the first instance, for an official audit of the election result in accordance with the provisions of Paragraph 8(c), Part 2, Second Schedule of the NBA Constitution.

    “This step has become necessary in order to ensure that we instill full faith and confidence in our electoral process within the NBA.”

    Our system was foolproof, says ECNBA

    ECNBA chairman Abimbola said there was no compromise.

    “In executing our mandate, we made tough decisions pursuant to our constitution.

    “We adopted measures and preemptive steps to insulate the electoral process and system from undue interruptions and interference, whether by default or design.

    “Our final report will capture these to guide our future electoral process.”

    Pre-election projections

    In a pre-election analysis published by this newspaper on April 16 entitled “NBA election: who succeeds Maikyau?”, our reporter projected Osigwe as the man to beat.

    The projection was based on the fact that the eventual winner is highly experienced in Bar leadership at branch and national levels, having served as chairman of the Abuja Branch (Unity Bar).

    A SAN yet youthful, it was thought that he may be seen as a bridge between the young and older lawyers.

    He was a strong contender the last time the office was zoned to the Southeast but was disqualified on the eve of the election.

    This time, a SAN who wanted to run for president was believed to have stepped down for him. He is popular among lawyers across divides and enjoyed popular support among many voting blocs.

    The fear was that young lawyers who constitute the largest voting population may see him as a member of the old order and may push for a clean break, but this was not the case.

    For Erojikwe, who was born in Luton, England and studied law at the University of Nigeria, he was generally perceived as efficient, having done well in his role as chairman of the CLE Institute.

    This earned him goodwill and increased popularity among lawyers, especially his restoration of the percentage award system.

    He is also young, so it was thought he may enjoy the support of young lawyers who make up a significant voting population.

    His major weakness was that beyond his current office, Erojikwe seemed to have limited experience as a Bar leader, having never contested and won any significant NBA election.

    Ikwuazom, a SAN who heads the Taxation practice at ALN Aluko & Oyebode, and holds an LL.M. from Columbia University School of Law, New York after obtaining an LL.B. from the University of Nigeria, Enugu, was considered a major contender.

    As one of the youngest aspirants, it was thought that he could enjoy the backing of the young lawyers.

    He led the NBA Lagos Branch, one of the most populous voting blocs, and it as thought he may leverage its voting strength. He is a partner in a top law firm, which could boost his connections.

    However, outside his NBA Lagos Branch chairmanship, it was not certain whether he enjoyed popularity at the national bar having not held any other significant office outside Lagos Bar.

    Erojikwe and Ikwuazom may have also divided Lagos votes where both are based, to the advantage of the Abuja-based Osigwe.

    Tasks before Osigwe

    A Senior Advocate of Nigeria, Wahab Shittu, urged Osigwe, who he described as “truly a bar man,” to unite the bar.

    “Secondly he should raise and project the bar in all ramifications.

    “I expect him to work and collaborate with his co-contestants, who are equally star-studded and sterling.

    “He should prioritise the welfare of the bar and fight for a truly independent judiciary that strives for the enthronement of justice.

    “Under his leadership, I expect increased professionalism, adherence to standards, discipline and ethics.

    “The Nigerian lawyer should take its rightful place in the scheme of things while the common should have access to justice – an indispensable tool for nation-building and National development.

    “More importantly, he should work to strengthen democracy and democratic institutions.”

    For Jibrin Okutepa (SAN), the elections were “free and fair and did not suffer the kind of hitches and glitches we suffered in 2020 when some lawyers had difficulties casting their votes for candidates of their choice”.

    On his expectations, he said: “Let me say straight away to Mazi Afam Josiah Osigwe SAN that the time has come for the bar to return to its core values: objectivity and pursuit of noble goals for the good of all Nigerians; placing the overall interests of the legal profession and its members over and above all other considerations.

    “The bar must bark and bite. The bar must sing praises where it needs to and come hard on all those who pollute the stream of justice when the need arises. The bar must show light in the darkness.”

    Lead Partner at Ubiijus DLaw, Blessing Agbomhere, described Osigwe’s election as a victory not just for himself but for the practice of law in Nigeria.

    He is hopeful that Osigwe’s tenure will usher in an era of progress, innovations and transparency in the operations of the NBA.

    Agbomhere described Osigwe as a “hard worker, astute lawyer and stickler to professionalism, who would go any length to ensure that the esteemed Association of learned minds does not derail in its statutory mandate, one of which is to ensure that the practice of law in Nigeria maintains a reputable standard and the promotion and protection of the principles of the rule of law and respect for fundamental human rights.”

    He urged all “learned silks to give him all the support he needs to take the Association to greater heights.”

    Wishing Osigwe well in the course of his tenure, Agbomhere prayed God to give him the knowledge and wisdom to better steer the affairs of the NBA in the years ahead.

    • Additional reporting by Adebisi Onanuga, Elizabeth Eze, Lagos; Bolaji Ogundele and Frank Ikpefan, Abuja.

  • ‘Why documents from Nigeria are not trusted overseas’

    ‘Why documents from Nigeria are not trusted overseas’

    Fikayo Durosinmi-Etti, a lawyer, leads the team at ToNote – a SaaS company offering a remote online notary solution. He spoke with ADEBISI ONANUGA on how to enhance trust in the document authentication process.

    Why documents from Nigeria are not trusted overseas’

    The Society for Notaries Public (TSNP) in collaboration with ToNote have introduced the concept of electronic signing and online notarisation of documents that require authentication. Tell us more about this novel digital solution that you introduced to the notary practice?

    We are thrilled to have been able to partner with the legal visionaries behind The Society for Notaries Public (TSNP) to launch this initiative. Our collaboration with TSNP and support from the Supreme Court has helped us create an infrastructure to ensure that only highly trained, Supreme Court Certified notaries are able to connect with and serve our customers.

    Our remote online notary (RON) product allows individuals and businesses, anywhere in the world, connect with notaries who are able to treat their documents on demand, via video conference. Documents such as forms, deeds of sale, transcripts, certificates, affidavits and much more can be authenticated on the system.

    While on the session, which lasts an average of eight minutes, document owners and notaries are able to sign and seal documents where necessary, in real time and in each other’s presence. The document is then made available immediately after the session, with wet ink physical copies available for dispatch upon request. All notaries and documents are easily verifiable by any third party.

    Notarial practice has been around in Nigeria for several decades, what informed this innovation?

    The notarial practice in Nigeria has been under attack for a long time. Notaries often relax when it comes to compliance with notarial laws, while some are outright impostors impersonating a notary or using forged or stolen seals. On the other hand, document owners take advantage of the laxity of notaries and also fail to adhere to simple rules such as actually being in the presence of the notary so their identities can be verified. These seemingly simple missteps, among others, have led to an increase in the number of Nigerian owned false records being passed around locally and internationally.

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    The result of this; Nigerian notaries are undervalued and distrusted globally. Nigerians and Nigerian businesses face transaction delays and failures simply because their documentation is not trusted and cannot be verified.

    Can you expatiate on those negative impacts and the ways to tackle them?

    Sure. Everything I am about to mention will ultimately result in higher levels of trust in Nigerian documents.

    What are the problems?

    Right now highly trained and authentic notaries are not accessible. There are a lot of impostors posing as notaries.

    How can we curtail their activities?

    ToNotes RON platform provides access to only pre-vetted and trained Supreme Court certified notaries. Document owners rarely appear in the presence of notaries and identity of document owner can seldom be tied to the document.

    So, what is the way out?

    ToNote has an identity verification feature that verifies the identity of every document owner. Documents can be executed in real time and in the presence of the notary, during the virtual session.

    How do these people forge documents?

    Documents can be forged easily with image editing tools. There is no way of verifying who authenticated the document and if it was done legally.

    What is the solution to this?

     All notaries, and documents generated on the system, have unique IDs and are verifiable.

     Each document comes with a transaction certificate and audit trail that acts as proof of every participant in each session and records every action that takes place on each session, making the document tamper proof. Also, every session is recorded for audit purposes.

    What do we do about people who might not care and continue to disregard compliance guidelines.

    The solution to this is that the Society for Notaries, in collaboration with the Supreme Court and ToNote will begin to educate, monitor and enforce notarial best practices amongst notaries, businesses and institutions. A strategy has been prepared for this. Some of the solutions above mean that regardless of where the receiving entity for a document is, they can verify its authenticity in seconds, and trust that document.

    So, what steps have TSNP and ToNote taken to ensure global best practice in notary public activities?

    We spearheaded efforts to amend the ‘Evidence Act’ and the ‘Notaries Public Act’. These amended laws now incorporate the use of technology during authentication processes and acceptability of electronic documents within legal systems.

    We also continue to engage and collaborate with the Supreme Court to outline strategies for notarial education, monitoring and enforcement to ensure strict compliance and enhance trust across the globe. We will continue to sensitise and make announcements on our progress, while carrying the right stakeholders along, as we reduce the number of false records in circulation and ensure that trust is restored to Nigerian documentation.

  • Court awards N75m against bank over non-disclosure breach

    Court awards N75m against bank over non-disclosure breach

    The Lagos High Court has awarded N75million damages and costs against Sterling Bank over a breach of the non-disclosure and non-circumvention agreement it had with a firm and its Chief Executive Officer (CEO).

    Justice Olumuyiwa Martins held that N50 million is for damages, while N25million is the cost of the action by the claimants.

    The claimants are Comfort Stevens Nigeria Limited and its CEO, Dr John Nwankwo.

    Justice Martins held that the defendant’s conduct in circumventing the confidentiality deed dated September 16, 2019, and the non-disclosure and non-circumvention agreement dated October 3, 2019, by engaging in the same project it had with the claimants with a third party without the consent and full disclosure to the claimants, is wrongful and unlawful, resulting in a material violation of the agreement’s terms and conditions.

    She declared: “The breach of the confidentiality deed dated September 16, 2019, and the non-disclosure and non-circumvention agreement dated October 3, 2019, is deemed unlawful and unjustifiable.

    “An order of perpetual injunction is granted in favour of the claimants to prevent the defendant, its personnel, and agents from directly or indirectly committing or engaging in any act prohibited by the terms and conditions of the non-disclosure and non-circumvention agreement dated October 3, 2019.

    “The sum of N50 million is awarded as damages for breach of the Non-Disclosure and Non-Circumvention Agreement dated October 3, 2019, in favour of the claimants.

    “The sum of N25 million is awarded as the costs of this action in favour of the claimants. This is the Judgment of the court.”

    The claimants had sought to embark on a N10.5 billion footwear and shoe component technology and automated project in Aba, which the bank indicated interest in financing if the firm agrees to reduce the amount to N4.5 billion or N4 billion.

    The claimants consented, reduced the project amount to N4.5 billion and executed a non-disclosure and non-circumvention agreement with the bank to protect their trade secret from being shared with third parties.

    However, the bank breached the agreement and entered into discussions on shoe deals with Abia and Kano State governments without the claimants’ knowledge.    

    Unhappy with the development upon discovering it, the claimants initiated the suit marked LD/ADR/3317/2020, contending that the defendant’s decision to initiate negotiations with a third party to manufacture footwear and tanneries without full disclosure to the claimants, constitutes a breach of the agreements.

    They argued that, after disclosing their trade secrets, the defendant acted in bad faith by taking advantage of the information received in negotiating and agreeing with a third party on the same product with Abia State Government and tanneries with Kano State Government.

    Justice Martins on July 2, 2024, while delivering her judgment, noted that the defendant did not deny executing the agreement.

    The first defence witness, she noted, also admitted that the claimants’ discussion with the Abia State government was about making shoes.

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    Justice Martins held: “The defendant contends that based on the pleadings and evidence presented, there is no evidence of a breach of contract.

    “It also claimed that the mere fact that the defendant met with the Abia State Government on how to facilitate business collaborations between Kano leather tanneries and Aba leather products producers does not amount to a breach or circumvention of Exhibits P1 and P2 because the defendant did not disclose any confidential or proprietary information to a third party.

    “The importance of Exhibit P2 is that it is recognised in law as a legally binding and enforceable agreement that prevents the unauthorised sharing or disclosure of sensitive information during a commercial relationship.

    “Considering the overwhelming evidence of the claimants, the court finds that DW1 is economical with the truth of the circumstances surrounding the transaction. The court finds her to be a witness of untruth, her evidence to be unconvincing, and a mere afterthought.

    “In the instant case, there is sufficient credible evidence before the court, both oral and documentary, establishing and proving the claim of the breach of the terms in Exhibit P2, and the defendant failed to discredit this evidence during the cross-examination of PW1 and PW2.

    “Therefore, this issue is resolved in the claimants’ favour.”