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Category: Law

  • Madueke to court: stop Diezani from using my name

    Madueke to court: stop Diezani from using my name

    • ‘We are divorced’

    Retired Rear Admiral Alison Madueke has urged the Lagos State High Court in Igbosere to stop his ex-wife Diezani from using his name.

    In a petition for jactitation of marriage (declaration that a marital union has ended), the ex-Chief of Naval Staff prayed the court to order Diezani to revert to her maiden surname, Agama.

    He contends that her continued use of his name amid corruption allegations was harmful to him and could implicate him or result in mistaken liability, especially considering they were no longer legally married.

    Rear Admiral Madueke, a former military governor of Anambra and Imo states, said he got married to Diezani on June 30, 1999, under the Marriage Act.

    He said his wife started gaining recognition in social and political circles by virtue of the marriage, which produced one child.

    According to the petitioner, the respondent started using the name “Alison Madueke” when she became a minister under the Jonathan Administration and served between 2010 and 2015.

    Rear Admiral Madueke, in the petition filed through his lawyers L. Chidi Ilogu (SAN), Dr Nasiru Tijani and Adedamola Kikiowo, stated that his cohabitation with Diezani ceased in May 2015 when she left her position as minister and relocated to the United Kingdom, adding that they have lived apart since then.

    The petitioner stated that Diezani sued for dissolution of marriage in November 2021 at the High Court of Nassarawa State sitting in Mararaba Gurku, citing an irretrievable breakdown of the union.

    He said he did not contest the suit, following which the court ended the marriage.

    Rear Admiral Madueke told the court that Diezani has continued to use his name despite the marriage ending.

    Read Also: EFCC to join forces with UK prosecutors in Diezani’s case

    He stated: “On the 13th day of April 2022, judgment was delivered in Suit No. NSD/MG345/2021 by Hon. Justice A.A. Ozegya dissolving the marriage between the petitioner and the respondent on the ground that the marriage has broken down irretrievably.

    “The said dissolution of marriage has now become absolute by the operation of law.

    “Even though the marriage has been dissolved and is now legally finalised, the respondent continues to use the petitioner’s first name (Alison) and surname (Madueke) as her own without any justification or consent from the petitioner.

    “It is now more than two years that the respondent continues to use the name of the petitioner to his embarrassment.”

    The petitioner stated that he instructed his lawyers to write Diezani to stop using his name and to revert to her pre-marital name (Agama), which they did on December 14, 2023, but she has neither responded nor ceased using the names.

    “The respondent has continued to hold out herself as the wife of the petitioner even when the marriage has been dissolved.

    “The respondent is undergoing criminal trials in both Nigeria and the United Kingdom.

    “The charge in Nigeria is Suit No. FUC/ABI/CR/208/2010.

    “The respondent faces public allegations of corruption and financial misconduct, for which trials are ongoing for both.

    “The persistent portrayal of the respondent as the spouse of the petitioner is creating embarrassment, a misleading impression and tarnishing the reputation, integrity, and public image of the petitioner.

    “The respondent’s continued use of the petitioner’s first and surname falsely suggests to the public a continuing relationship between the parties though same has since legally ended.

    “The respondent’s continued use of the petitioner’s first and family names poses a significant risk of legal and financial harm to the petitioner.

    “Given the ongoing public allegations and trials concerning the respondent’s alleged misconduct, this association with the petitioner’s name could lead to mistaken liability or even implicate the petitioner in these legal issues.

    “The petitioner seeks the intervention of this Honourable Court to prevent the respondent from further using his first name and surname, thereby safeguarding his image, personality, and reputation.”

    Rear Admiral Madueke sought an order of perpetual injunction restraining Diezani from further using his names following the dissolution of their marriage.

    He also prayed for a perpetual injunction restraining the respondent from further asserting by words or conducts the existence of marriage between them.

    The petitioner prayed for an order directing the respondent to adopt and revert to her pre-marital surname (Agama) and to publish in a national newspaper in both Nigeria and the UK that she has stopped using Alison Madueke.

  • Foundation demands justice over TikTokers’ alleged incarceration

    Foundation demands justice over TikTokers’ alleged incarceration

    Foundation for the Advancement of Liberty has expressed its displeasure over the continued incarceration of two popular TikTokers, Adesola James (Arifa) and Odumosu Azeez Awiye (Veron).

    This was declared in a statement issued by the foundation’s director, Omolara Ayoade, noting that the duo despite meeting their bail conditions, have remained in prison custody.

    Ayoade said this was due to additional requirements allegedly imposed by a judge of the Federal High Court in Lagos.

    The foundation argued that the judge’s actions raise concerns about the integrity of the trial and the presumption of innocence until proven guilty, as enshrined in the Nigerian Constitution.

    Ayoade said: “The defendants were granted bail in the sum of N5 million each with two responsible sureties each in like sum. The conditions of the bail stipulated that ‘each surety must have substantial means of livelihood and provide evidence of this before the court, all sureties must have a blood relationship with the defendants, each surety must produce evidence of tax payment for the last three years, all sureties must reside within Lagos, the official and residential addresses of each surety must be verified by the office of the deputy registrar, all sureties must deposit two copies of passport photographs with the court, and the defendants are to be remanded at Ikoyi Correctional Facilities pending the perfection of bail and trial.

    Read Also: Stop allowing skitmakers, TikTokers exploit you s3xually – Flora

    “These conditions were immediately satisfied and fulfilled by the defendants. However, when they were supposed to be released, the judge delayed signing the warrant of release and subsequently imposed additional requirements. These included the submission and verification of the sureties’ statements of account and BVNs, insinuating that the sureties might be professional sureties.”

    “It is a fundamental principle of law that when a judge has given a ruling, as in this case, the judge immediately becomes functus officio. By law, the judge is no longer permitted to alter the ruling or judgment as has been done in this instance. Such a ruling can only be amended upon appeal to the Court of Appeal. This raises serious concerns about the integrity of any judgment Messrs. Adesola James and Odumosu Azeez may receive at trial. The trial has since commenced, and the popular TikTokers remain in prison custody. According to Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, every person charged with a criminal offence shall be presumed innocent until proven guilty”.

    The foundation further urged a fair and balanced trial, honouring the initial bail conditions and rectifying any undue delays in the defendants’ release.

    Ayoade also emphasized the need for justice to be served without bias, upholding the principles of fairness and integrity.

    “The trial has since commenced, and the popular TikTokers remain in prison custody. According to Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, every person charged with a criminal offence shall be presumed innocent until proven guilty.

    “While we acknowledge that the complainant, as a popular traditional ruler, has every right to protect his integrity, this must be done within the ambit of the law. The arbiter in this case must not be seen to be manifestly biased in favour of any party. Justice can only be served when the judge balances the scales of justice, irrespective of the identities of the parties involved.

    “We respectfully request that the learned Judge of the Federal High Court ensure that the bail conditions, as initially set, are honoured and that any undue delay in the release of the defendants is rectified immediately.”

    Ayoade added: “Justice can only be achieved when it is administered fairly and without bias. We trust that the court will uphold these principles and act accordingly.”

  • Making Lagos investments destination through enhanced rule of law

    Making Lagos investments destination through enhanced rule of law

    Lagos State, through its Ministry of Justice, has held a justice reform summit. The two-day event  attracted Justices of the different levels of court and major stakeholders. Part of the discussions were on how the justice system can boost investments, reports ADEBISI ONANUGA

    Lagos State, as Nigeria‘s economic and commercial hub, has seen significant growth and development. This vibrant metropolis with its diverse population faces numerous legal challenges, from civil to criminal justice issues, particularly and commercial disputes which is affecting investments in the state.

    These challenges demand a modern, agile, and responsive justice system that ensures equitable access to justice, safeguards fundamental rights, and protects property and investments, while meeting the evolving needs of its residents, hence the  Justice Reform Summit 2024. The theme was “Enhancing The Administration of Justice For Economic Growth, Investment Protection and Security in Lagos State”,

    How the idea was conceived

    Pedro said the idea of the  Justice Reform Summit, was conceived in 2023 following his assumption of office with the approval of Governor Babajide Olusola Sanwo-Olu. He said the idea stems from the recognition that an efficient and effective justice system is a cornerstone of a well functioning society and a catalyst for economic growth and social stability, noting that government efforts to attract both foreign and local investors will be futile if our justice system remains weak, inefficient, and ineffective.

    Governor Sanwo-Olu’s administration understands that a justice system perceived as fair, transparent, efficient, and accountable will inspire trust and confidence among citizens, stakeholders, and investors. The link between a robust justice system, economic growth, societal wellbeing, and community stability is profound. Therefore, the protracted nature of litigations and the inefficient enforcement of law and order in the state are no longer acceptable.

    To tackle these issues, he said government, through the Ministry of Justice, agreed to organize a Justice Reform Summit with the theme: “Enhancing the Administration of Justice for Economic Growth, Investment Protection, and Security in Lagos State”  and gathered stakeholders to address challenges, propose solutions, and highlight the role of a fair and efficient justice system in attracting investments.

    Vision of the Justice Reform Summit

    Lagos State Attorney and Commissioner for Justice, Lawal Pedro(SAN), said the state’s  Justice Reform Summit, aims to address some of the most pressing challenges facing our justice system, which impact our economy and society.

    Objectives

    The Summit’s objectives include addressing inadequate enforcement of laws, highlighting the justice system’s role in attracting investments, appraising the causes and consequences of delays in the justice system, exploring innovative strategies to expedite legal processes, fostering collaboration among justice sector stakeholders, and rebuilding public and investor confidence in the administration of justice.

    The event which featured Judges, scholars, the Nigerian Bar Association, police, correctional officers, lawmakers, private sector representatives, and others evaluated the past, assessed the present, and charted a new course for the future of the state.The focus on civil justice administration, addressing issues like delayed justice and case management. On the second day, discussions will cover law enforcement

    Read Also: BREAKING: Court acquits ex-Lagos Speaker Ikuforiji, aide of money laundering charge

    Difference between past and present summit

    Pedro said dispensation of justice and the need to ensure an effective judicial system is a paramount role that all stakeholders in the Justice system must strive to achieve if the State and the country must achieve the desired development.

    He said the focus this time around was not only on access to justice for all but also to enhance administration of justice for improved economic activities, investment protection and security in Lagos State.

    Expectations

    In his welcome address at the summit, Pedro said expectations are high that  at the end of the Summit, stakeholders will recommend lawful ways and means to address delayed justice. To underscore the objectives of this summit, Pedro said the State Ministry of Commerce, Cooperatives, Trade and Investment just revealed that in the last one year the State government successfully attracted about investment in both foreign and local direct investment.

    “Therefore, in case of any dispute, the investment should not be unduly tied down by protracted litigation. He said while deliberate efforts are being made to continue to safeguard the rule of law and promote access to justice, the administration of justice should be used for enhancement of economic growth, investment protection and security and to improve and transform the justice system in the State to meet the needs of our people and restore the public trust and confidence in the judiciary and the rule of law.

    Safeguard rule of law, promote access to justice

    Pedro told stakeholdes  that to transform the justice sector and everything connected to it, stakeholders must safeguard the rule of law and promote access to justice.He said that the state is working towards reforming some of its laws to engender economic growth and developments.

    Lagos must be safe haven for investment

    Governor Sanwo-Olu, while declaring open the Justice Reform Summit,  reiterated his commitment to make the state a safe haven for investments through the reform of the justice sector.

    “We are planning to make Lagos an international financial center. We want to make Lagos the choice destination for investment and a safe haven for investment worldwide. But for us to do that, we need a strong judicial system for that to exist because that will be one of the strongest points that investors will be looking for. That will be one of the strongest protections that will be required and will be needed,” he said.

    Drawing lessons from Singapore which he said have been able to revolutionise its justice system to attract global investments, the  Governor acknowledged that Lagos has made significant milestones in justice sector reforms but needs to do more.

    He said: “We cannot sit back and expect that because we are the best in our country, that equates us to being one of the best in the world. Singapore has less than 6 million population today, and we are 24 million. They don’t have two heads.

    ‘They don’t have the kind of minds and strength that we have in this state and in this country. So the question is, what is wrong with us? There is no nation that wants to end its brief anywhere, and  doesn’t have a rule of law as one of the beacons of deciding how it engages.

    “We said that we’re the commercial economic center. It’s because it’s been built by people. But we cannot sit back and hope that that is the best of what we can do. We must do more.”

    How rule of law grew Singapore’s economy

    Reiterating lessons from Singapore, the keynote speaker, Gregory Vijayendran, a former President, the Law Society of the Republic of Singapore, said that the rule of law was the foundation of the economic growth of his country and which made her investments destination for many businesses.

    He highlighted this in his presentation of lessons Lagos can learn from the island country and city-state.

    According to him, “The moment we know there is a trend changing in the world, we change and very forward looking, business centric outlook.”

    He cited a link between access to justice, the rule of law, economic outcomes, facts and figures and zero tolerance for corruption.

    He also stated that world class judiciary, strong local legal talent, is supplemented by global talent, dispute resolution institutions with strong governance.

    Position Lagos as destination for investment

    Attorney General of the Federation (AGF) Prince Lateef Fagbemi (SAN) who was the Special Guest of Honour said Lagos must position itself as a competitive and attractive destination for investment.in today’s globalized economy, where capital flows seamlessly across borders. He said this would require the State to continuously evaluate and reform its legal and judicial systems, ensuring they are aligned with global best practice and capable of meeting the evolving needs of the business community.

    Fagbemi said that for Lagos State to continue to sustain this commendable status and further its advancement, there is need for a continual review and reform of its legal system, structures, as with its system of administration of justice.

    “Accordingly, it is imperative that the State has a robust, efficient, and transparent legal system that not only seeks to close observed regulatory and implementation gaps, but also fosters a conducive environment for business and investment.

    “The Summit presents an opportunity to engage in meaningful dialogue, share experiences, analyze the strengths and weaknesses of the system, and collectively make informed decisions about reform and a new course towards a more efficient, transparent, and accessible justice system in Lagos State and beyond.

    “I have consistently reiterated that an effective and impartial justice system is the bedrock of any thriving economy. It provides the necessary safeguards for property rights, contract nforcement, and the resolution of commercial disputes; all of which are critical components for fostering a business-friendly environment.

    “Furthermore, a fair and accessible justice system instils confidence in investors, both domestic and international, reassuring them that their interests will be protected and their grievances would be appropriately addressed”, Fagbemi remarked.

    He said the choice of the theme of the Summit is not only timely and appropriate, but most instructive. Lagos State, often referred to as the economic nerve centre and commercial capital of Nigeria, continues to play a pivotal role in driving the nation’s economic growth and development. Lagos State accounts for a significant portion of the country’s industrial and commercial activities, attracting both local and foreign investments.

    Land documentation, registration

    Prof. Olanrewaju Smith (SAN),  paper titled, Safeguarding Property Rights And Investment In Lagos State”  was focused on Land Documentation and Registration for economic growth; Mortgage Law and Loan Recovery; Combating Land grabbers activities; Physical Planning and Building Collapse; Tenancy Law — Recovery of rent and possession.

    Insecure property rights weaken incentives long-term capital investments

    Burrowing a leaf from South Africa, the property Professor described land titling as an effective way of attaining an all inclusive economy. He also made reference to a South American, Hernando De Soto (1989, 2000) who said “Give the poor a property title, then they will have credit and escape from poverty”. The learned property professor said insecure property rights weaken the incentives for owners to make long-term capital investments and hinder the ability of owners to use their property as collateral to secure loans to finance capital investment. He said without access to credit and investments in the future, capital formation and economic growth are hindered.

    To achieve secure property rights, he advised that it is necessary to incorporate the informal, unarticulated rights into a written, formal, legal property rights system.

    On efforts of government in Brazil on land, he listed these to include functional and open-access land registration. digitization of land titles for ease of investigation of title, the use of Blockchain Technology in land transactions and its positive impact on investments.

    Making registration affordable.

    He advised that payment of compensation to victim of the negligent act or omission of the real estate staff along with rectification of the

    Foreclosure rights in mortgages

    He noted that foreclosure proceedings are not captured under the MPL. He therefore advised that Judicial foreclosure must be governed by statutes; court rules and legal principles.

    He noted however that the rules are susceptible to some challenges. He said the processes are not only tedious but also time-consuming and sometimes complicated.

    Prof. Smith said reopening of foreclosure proceedings should be  possible even by a third party. He said non-judicial foreclosure should be governed by statutes such as the Mortgage and Foreclosure Law of Kaduna and Ekiti States or by agreement of the parties.

    He said this is advantageous because it allows private parties to divest the debtor of title via a deed of transfer.

    Challenges facing judicial foreclosure of mortgages

    He said foreclosure processes are tedious, time-consuming, and sometimes complicated. According to him, before the conclusion of the process of foreclosure, the foreclosed property may suffer from devaluation due to lack of maintenance. To prevent devaluation, he said foreclosure proceedings may be re-opened even against by a third-party purchaser.

    States lack foreclosure mechanism

    He lamented that to date, no effective foreclosure mechanism has been put in place by many states in Nigeria including Lagos State.

    Model Mortgage Foreclosure Law and Non-Judicial Foreclosure

    Citing Mortgage Foreclosure Law of Kaduna State 2017 (s. 78) and Mortgage and Foreclosure Law of Ekiti State 2020 (s. 82) he under  both laws, the mortgagor may sign a deed instead of a foreclosure conveying all interests in the mortgaged property to the mortgagee adding that this eliminates the difficulty associated with going to court to obtain a foreclosure order.

    Failure to access court demoralizes society

    Professor of Environmental Law and Vice-Chancellor of the Lagos State University, Olanrewaju  Fagbohun (SAN) in his paper titled, “Civil Justice Administration In Lagos State ~ Enforcement Of Laws For Sustainable Growth”

    The report assessed six key indicators environment, transparency and access to information, skill and labor, and economic opportunity  that influence state rankings. An effective and efficient justice system, characterized by swift resolution of civil and commercial disputes and a manageable proportion of pending cases relative to the population, is essential for fostering a business-friendly environment conducive to entrepreneurship and instilling confidence in economic agents to undertake risks.

    His paper illustrated the consequences of societal demoralization regarding access to the court system. This demoralization stems from justice being overlooked, rights trampled upon, and wrongs prevailing due to delays, unprofessional conduct of counsels, excessive workload on judicial officers, and inadequate working conditions amongst others.

    Courts must address requests for injunctive relief promptly

    He said if the courts promptly address citizens’ and businesses’ requests for injunctive relief and punitive damages against local government officials or other state officials within a reasonable timeframe, the pervasive flagrant disregard for clear legal provisions, as witnessed in Lagos, could be curbed.

    He said the enforcement of property rights and commercial litigation, where fraudulent and corrupt defendants exploit the legal system to delay proceedings. Lingering court cases force businesses to allocate resources for such transactions in their financial statements, impacting their ability to access financing. Ultimately, business failures contribute to  unemployment rates, potentially leading to increased crime rates. Additionally, this situation exposes the state economy to the heightened risk of capital flight.

    The road to Reform

    Prof Fagboun advised that the road to reform must embrace finding answers to the three critical factors undermining the administration of civil justice

    *.How can we shield judicial officers from the burden of defending against frivolous petitions at their own expense, thereby empowering them to effectively manage their courtrooms?

    If a petition has merit, the judicial officer should face sanctions. Conversely, legal practitioners responsible for frivolous petitions should face disciplinary action by the Legal Practitioners Disciplinary Committee (LPDC).

    Moreover, judicial officers who discharge their duties diligently and appropriately should be reimbursed for expenses incurred during the defense process. It is imperative for our courts to adopt a zero-tolerance approach towards incompetence and dilatory tactics, irrespective of counsel’s seniority.

    *The award of costs is a huge deterrence against frivolous litigation. What is the challenge with Order 53 of the Higher Court of Lagos State (Civil Procedure) Rules 2019, and why is its provision on Costs not being put to maximum use to curb manipulative, mischievous and hostile litigation tactics? Do we need to upskill the knowledge of Judges on the use of Order 53 and similar provisions such that the processes of Pre-Action Protocol, Case Management, CMC and LMDC can become meaningful? Can we review Order 53 Rule 9 for unpaid costs or security to accrued interest as against stay of proceedings which can be misconstrued to put the sub-Rule in conflict with Section 36 of the 1999 Constitution of the Federal Republic of Nigeria? Effective utilization of Order 53 would compel lawyers to cooperate with Case Management procedures, CMC, LMDC, and other ADR processes, guiding clients truthfully when a case lacks merit. Exempting the SCC from full or substantial indemnity costs could address concerns for the poor and vulnerable.

    *Is it viable to establish court monitoring mechanisms to oversee aspects such as the regularity and promptness of court sessions, efficient scheduling of cases to optimize time for the court, attorneys, and litigants, respect for participants’ rights, adherence to legal procedures, provision and upkeep of basic amenities like restrooms, consistent power supply, arrangements for virtual hearings, and access to essential courtroom technology? To preserve judicial independence, it’s crucial that the executive refrains from direct involvement in monitoring. Instead, partnerships should be forged with entities like the Nigerian Bar Association and institutions such as the Justice Reform Project and the Lagos Courtroom Monitor to supervise the process. Regular monitoring reports should be submitted to the heads of the Court and the Ministry of Justice.

    *How can the state enhance awareness regarding the available mechanisms for public complaints, ensuring that citizens can effectively utilize them to address instances of improper administrative treatment? This is particularly crucial given the widespread exploitation experienced by citizens and businesses on a daily basis dispatch riders are burdened with obtaining up to 35 different permits and approvals while on duty.How can we address this challenge to enhance the ease of doing business?

    *What ongoing training initiatives are in place for Bailiffs, Sheriffs, Registrars, and other judiciary support staff to help them understand the significance of their roles in ensuring the smooth functioning of the system? Such training must be of high quality and tailored to the needs of the staff. To optimize resources, the system could consider adopting a train the-trainer approach.

    Lagos State Administration of Civil Justice Law 2022

    The Lagos State Ministry of Justice introduced the Lagos State Administration of Justice Bill as part of efforts to enhance the effectiveness and efficiency of the civil justice system. The Bill, among others, aimed to address procedural technicalities that hinder the determination of cases on their merits, promote the adoption of pre action protocols, encourage greater use of electronic filing and digital service (except in originating processes), expedite the hearing of objections to a court’s jurisdiction, enforce strict timeliness for submission of processes with minimal tolerance for extensions, empower courts to convene on weekends, public holidays, and during industrial actions for urgent or personal liberty related matters, prohibit stay of proceedings pending interlocutory appeals, eliminate oral hearings in non-contentious applications, advocate for the adoption of virtual hearings. and introduce more definite provisions on costs to deter frivolous adjournments and improper conduct in filing actions and defenses.

    While commending the initiative, he stressed that addressing the three pivotal factors previously mentioned, which have historically undermined reforms, is essential for the state to fully harness the potential of this Bull once it is enacted into law.

    Benefit of effective justice system

    He emphasized that an efficient and effective civil justice system not only bolsters security and social protection but also fosters economic growth. Conversely, a substandard system undermines citizen confidence and jeopardizes the state’s reputation in attracting both indigenous and foreign investors.

    He said some insights presented  may call for legislative changes for implementation, while others may require a reevaluation of current practices to enhance best practices. He said effective implementation will also entail monitoring to ensure compliance with regulations, capacity building to deepen understanding and competence, and the use of practice directions to introduce procedural innovations.

  • ‘Lawyers are masters of persuasion, not liars’

    ‘Lawyers are masters of persuasion, not liars’

    Sarah Zainab Yusuf-Ahmed’s love for law was shaped by her late father, who was an Assistant Inspector General of Police, and her mother, a serving senior police officer. The Benson Idahosa University alumnus tells ELIZABETH EZE about her passion for justice

    I am the first child in a family of six. I am from a mixed religious background; hence my name. I hail from Niger State; Bosso Local Government. My mom is from Owan West Local Government Area of Edo state (Ukhuse Osi clan). My Dad Yusuf-Ahmed Usman, is a retired Assistant Inspector General of Police (AIG). My Mom is also a senior police officer, still in service.

    I attended Notre Dame primary and secondary school located at Benin-City, Edo state. I later proceeded for my undergraduate studies to study law at the Prestigious Benson Idahosa University in Benin City, Edo State, where I bagged my LL.B degree (Second Class Upper) with a CGPA of 4.33 in 2020. I was subsequently called to the Nigerian Bar in the year 2022 with a Second Class Hons.

    I currently work in an international organization, Morgan Oxford Education) a study agency as the Operations/Legal counsel located at Victoria Island, Lagos.

    Why law?

    I studied law because I had a strong passion for justice, a desire to understand the intricacies of the legal system, and a commitment to making a positive impact in society. Throughout my academic and professional journey, I have been drawn to the dynamic and challenging nature of the legal field. I am fascinated by the way law intersects with politics, business, and social issues, and I am eager to apply my knowledge and skills to navigate complex legal problems and advocate for my clients. Studying law has provided me with a robust foundation in critical thinking, analytical reasoning, and effective communication. I have developed a keen understanding of legal principles, theories, and practices, which I believe will enable me to make a valuable contribution to this profession. My motivation to study law was not only to gain a deep understanding of the legal framework but also to develop the skills and expertise necessary to make a meaningful difference in the lives of people.

    Influences

    I grew up with a dad who happened to be an Assistant Inspector General of Police, now late. My mom is also a senior police officer serving in Benin City. In a way, I was highly influenced by both parents. Their profession influenced my choice to study law, especially the conversations I had with them on the role of lawyers in bursting crime and enforcing laws.

    How my zeal was ignited

    I can recall my dad narrating an incident that transpired in his office when a female lawyer came in with all the parties involved in a matter and spoke with authority about how she wanted the investigation to continue and how she was willing to push the matter to court. He spoke passionately about how the lawyer canvassed eloquently for her clients. This ignited the zeal for law in me. He saw the admiration from everyone seated at the office. He could see the nods and the facial expressions being made towards her, concurring with her decision. It was a very beautiful experience from what he told me.  I recall going to the magistrate court then which wasn’t far from my house, sitting down with litigants and witnessing court proceedings. I also loved reading. I would pick up my dad’s Criminal Code then and also his Police Act and read them. He would go to Police conferences and come back with books and I would be the first person he calls and gifts such materials to. I would ask questions even when I didn’t understand, I would be happy I was even allowed to express myself. My parents both knew from the start that being a lawyer would be my dream. My dad would always brag about my aspiration to be a lawyer to his friends. He was one of my biggest fans. He retired and passed on last year.

    Read Also: Court frees ex-Gov Fayose’s aide, Agbele in N1.2b money laundering case

    What was law school like?

    “Prayer is the master key”. Zainab went, she saw and she conquered. My law school experience was a rollercoaster. Firstly, I got posted to the Nigerian Law School (Yola campus). I was scared. My parents were also scared. It was a very funny experience when I saw my posting letter. I had to research the campus before I booked my flight. I was overjoyed when I saw my close friend was posted there as well. The campus turned out to be welcoming and the lecturers were amazing as well. I was able to meet new faces. I joined a study group that helped me read and master my drafts. I practised and rehearsed my drafts like they were the “Lord’s Prayer” I never missed a class and God so had it that I barely fell sick. While In law school, I also got engaged in extracurricular activities like sightseeing and parties. It acted as a coping mechanism to reduce stress for me. This was my first time in a state far away from home. I was quite sceptical about how I would survive being alone, but I was able to do so. I met amazing people who helped me overcome my fears and anxieties. Before my examination, I had an examination fever. I was scared about how well I would do. I kept on asking the questions; can I do this? Is my reading enough? After the examinations, I was anxious about what my results would be like. I had sleepless nights but guess what? Yes! You guessed right! I made it. I made a Second Class Hons in my Law School! I can say that My experience at the Nigerian Law School was a comprehensive and enriching one, providing me with a solid foundation in legal education and practical training. It was mainly the Practical aspects of law not taught in university.

    How Law School benefitted me

    The Nigerian Law School experience helped me develop a strong sense of professionalism, ethics, and social responsibility, preparing me for a successful career in law. I formed lasting connections with some of my learned colleagues, with opportunities for future growth and collaboration.

    Overall, my time at the Nigerian Law School was a transformative experience that equipped me with the knowledge, skills, and expertise necessary to excel as a legal practitioner and make a positive impact in the legal community. In summary “The Tassel was worth the hustle”.

    Celebrating Call to Bar                               

    My parents were the happiest when I called them by 1:am that blessed day my results came out saying I had passed my Bar examination. My Call to Bar was in Abuja and my dad was then serving at the Force Headquarters in Abuja. He called his friends to come to his office to see his lawyer. He was the happiest person that day while I was preparing for my call ceremony. He kept on admiring my wig and gown and how well it suited me. It was a very emotional moment for me. I can never forget that experience in a hurry. A small party was thrown on my behalf.

    Passing Bar Final

    First, I created a study routine that worked for me, balancing class time, reading, and practice questions. I also joined a study group, which provided a supportive community and helped me stay accountable. Second, I prioritised understanding the underlying principles and concepts of law, rather than just memorizing cases and statutes. This helped me to apply the principles of law to complex scenarios and think critically. Thirdly, I took care of my physical and mental well-being by regular exercise, healthy eating, and stress management techniques. This helped me to maintain my energy and focus throughout the demanding programme. Lastly, I sought guidance from God through prayers. Law school is a very spiritual place. Most battles are fought spiritually rather than physically. Overall, it was a combination of hard work, prayers, strategic learning, self-care, and support from others that helped me scale through law school successfully.

    Are lawyers liars?

    Anytime I hear this saying, it always makes me laugh. This is because I find it very funny. I don’t like that statement. To be honest, Lawyers are skilled advocates, Masters of Persuasion not necessarily dishonest individuals. They are to present their clients’ cases in the best possible light but that doesn’t equate to deception. As a lawyer, I must defend my client to the best of my ability. He/She is presumed innocent until proven guilty.

    Do you wish to get married to a lawyer?

    I think it’s wonderful to have a partner from any profession, but for me, I’m looking for a balance in my personal life. As a lawyer, I’m already deeply invested in the legal world, and I think having a partner from a different field would bring a refreshing perspective and diversity to our relationship.

    First day in court

    This was a very funny one. I believe most lawyers’ first day was quite an unforgettable experience. This happened when I was working under State CID as a corper lawyer. My senior learned colleague who happened to be my supervisor had told me to meet him up at the Federal High Court, Ikoyi in Lagos. I was happy and with my wig and gown, I ran to court. We had about 3 motions to move that particular day and he was to do it and I would watch. That was how he tapped me and said “ You are the one moving the motion and tell my lord….” I went blank. I never expected to be caught unawares and unprepared. I began to shake. It was a very funny one. The court was silent when I announced my appearance and I was one lucky lawyer. The judge could see it from my countenance that I was a new wig. I could see her smile and she kept on leading me, with this opportunity I tried to make sure that I didn’t disappoint my senior. I can never forget that day. Neither can I ever forget that judge.

    Most embarrassing moment in court

    I had one which was very unforgettable. It has been embedded in my brain for life. It happened at the Magistrate court at Ebutte Meta. I want to believe “Your Honor” was in a bad mood that day, hence the reason why she would act up that particular day.

    Should all cases terminate at the Supreme Court?

    The question of whether all cases should terminate at the Supreme Court is a complex one, and my answer would be “yes”. Hierarchical structure: The judicial system is designed to be hierarchical, with lower courts serving as a filter to ensure that only the most critical cases reach the highest court. This structure helps to conserve the Supreme Court’s resources and focus on matters of national importance. Efficiency: If all cases were not terminated at the Supreme Court, it would lead to unending delays in litigation. Finality: Allowing cases to terminate at the Supreme Court provides finality and closure for the parties involved, rather than prolonging the legal process indefinitely. In summary, the Supreme Court plays a vital role in the legal system, all cases should terminate there. I see no reason why we should prolong matters. I always advocate for Arbitration in most matters. Why the need for unending litigation and generational continuation of matters pending in court for years?

    Law professor, SAN or judge?

    While I’m passionate about my legal career. I must admit that I’ve always had a strong interest in teaching and sharing my knowledge with others. If given the opportunity, I would love to explore a career as a law professor, inspiring and mentoring future generations of legal professionals. I derive joy in lecturing and impacting the knowledge gained over the years. It feels like my own little way of giving back to the society. For me, lecturing isn’t just limited impacting legal knowledge but helping my students gain vital societal values and morals.  However, I would like to find a balance between practice and lecturing perhaps teaching part-time or mentoring law students while maintaining a part-time legal practice. This would enable me to combine my love for teaching with my passion for the law.

    First lawyer in family

    I am honoured to be the first lawyer in my family and I hope to pave the way for future lawyers in my generation. Being the first lawyer in my family is a unique and rewarding experience. I feel proud to be the first in my family to achieve this milestone, setting a new standard for my family’s future generations.

    I feel a sense of responsibility to make my family proud and be a positive role model for younger family members. I am indeed grateful for the support and encouragement from my family, especially my Dad and Mom who helped me to achieve this goal.

    I also feel like a trailblazer, paving the way for others in my family to pursue legal careers. It would interest you to know that my younger sister is also pursuing a degree in law presently.

    If not law, what course would you have studied?

    Well, that’s a very interesting question; If not law, I would have also loved to have pursued a degree in medicine. I loved the medical field as well. I would have loved to open a health centre where less privileged people would be treated without any fee collected. Well, it’s never too late. I could always partner with an NGO and see how I could also help with time.

    Area of specialisation?

    This is another interesting question! I want to state categorically that there are various aspects of law and law is vast and dynamic. As a lawyer, you can’t just limit yourself to a particular aspect of law practice. But for now, I specialise in Litigation, Corporate and Compliance, Entertainment and also Immigration law.  I am also open to expanding my horizons. As the saying goes: ”No man is an island”. I work in a Study Agency for students interested in travelling for studies outside the country (UK, US, Canada and also Europe) and this is where I also got to find a passion for immigration law. It is not an overcrowded aspect of law and very few percentage of lawyers are into this practice. So, it sparked my interest and I love challenges. Like I earlier said, I am open to exploring other aspects.

    Remarkable achievement

    At university, I pursued my degree in Law (LL.B) and achieved a Second class upper with a CGPA of 4.33. My biggest regret was not being actively involved in advocacy activities at the university. Throughout my academic journey, I’ve developed a strong foundation in the Nigerian legal system which has prepared me for a successful career in the Legal world. I’m excited to apply these skills and experiences to make a meaningful impact in this role.

    Experience so far

    I have been practising law for three years and in this short time, I’ve had the privilege of working on a wide range of cases especially in criminal litigation, this is because my National Youth Service Corps (NYSC) was done at State Investigation Department, Panti in Lagos State, where I was privileged to work with remarkable and respectable men of the Nigeria Police Force whilst in the legal team. While I don’t have an exact count of cases won, I’m proud of my achievements, including appearances and accomplishments I was able to achieve there. My ability to argue contentious matters in court with little or no supervision has been breathtaking. My experience has been a great teacher.

    Social life

    My profession as a lawyer does not in any way affect my social life. As a lawyer, my profession can be demanding, but I’ve learned to manage my time effectively to maintain a healthy social life. While it’s true that people may have high expectations from me, I’ve set clear boundaries with clients and colleagues to ensure I have time for my relationships and activities. My profession allows me to meet and connect with people from diverse backgrounds, expanding my social circle and enriching my personal life. I prioritise self-care and make time for activities that bring me joy and fulfilment outside of work. Presently, I’m actively seeking ways to manage my time more effectively and prioritise my well-being.

  • ‘Why DPP dropped charges against community chief’

    ‘Why DPP dropped charges against community chief’

    Lagos Director of Public Prosecutions (DPP) Dr Babajide Martins has said his office issued fresh legal advice for the withdrawal of criminal charges against Chief Moruf Owonla, a.k.a. Kaka based on new facts after a review.

    Owonla was initially the complainant in a case of land grabbing against Alhaji Hassan Alli.

    The DPP later filed charges of criminal trespass, impersonation, and conduct likely to cause a breach of trust against Owonla before the Lagos High Court.

    Owonla sought a review, claiming he was being unjustly prosecuted by the police.

    The DPP wrote the Assistant Inspector-General of Police on May 21 advising that the matter be discontinued after fresh evidence showed that Owonla had a valid right of claim to the disputed land he was being accused of trespassing.

    Part of the legal advice reads: “In the interest of justice, the whole case was reviewed along with the fresh evidence from the High Court of Lagos State and Surveyor-General of Lagos State made available to this Office.

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    “In the end, it was found that the dispute between the complainant and the second defendant arose from land ownership which started in 1992 between Chief Ekundayo and Mr. Ogunbiyi & Ors in Suit No ID/1722/92 where judgment was delivered on 2nd May, 2008 and Chief Elkundayo was adjudged the owner of the land in dispute.

    “On May 2, 2008, the Deputy Sheriff levied execution of the said judgment on the land, including the building at No. 34 Fungeson Osagie Street, Ayobo in favour of the defendant’s vendor and principal, Chief Ekundayo, as shown by the inscription in the photographs of the building and the confirmation letter of the Deputy Chief Registrar of the High Court dated May 9, 2024.

    “There is no evidence that the judgment in Suit No. LD/1722/92 and the execution levied on the parcel of land in 2008 has been set aside.

    “The implication of this is that the subsequent occupation or possession of the land by the suspect turned complainant (Hassan Alli) was unlawful and a criminal contempt punishable under the Criminal Law of Lagos State.

    “From the foregoing, the only legal conclusion is that the defendant has a valid right of claim on the land by virtue of which judgment and execution of the same have not been set aside.

    “Therefore, the defendants have no case to answer for any alleged occupation of the land at any time after the judgment and execution.”

    Alli had alleged bias by the DPP and accused the Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN) of influencing the legal advice.

    But, Martins insisted that the decision to withdraw the charges against Owonla was arrived at solely by his office without Pedro’s influence.

    The DPP said: “My office receives applications for review of cases regularly and we examine each application thoroughly because we are not infallible.

    “When we realise that an error has been made at our end because of misrepresentation or insufficient evidence we take appropriate measures to correct same and when on the contrary, we disregard the application.

    “In this instant case, Chief Owonla requested a review of his case and after a thorough review and verification from the court and the state surveyor-general’s office, which confirmed that the land falls outside Alhaji Alli’s vendors’ land – ‘Soremekun family’.

    “We found that there was indeed a miscarriage of justice flowing from misrepresentation of facts by Alhaji Alli.

    “I personally issued the advice for the discontinuance of the case in court.

    “Since the dispute arose from a land dispute, we attempted to engage the parties in our Restorative Justice programme and invited them for a meeting.

    “Both parties attended the meeting and we had fruitful deliberations and further scheduled another meeting.

    “My office was, however, shocked when Alhaji Alli informed us that he was no longer interested in the meeting and that he would rather pursue his case in court.

    “I must also state categorically that the A-G did not influence my legal advice.

    “It was solely the decision of my office and it was in the interest of justice.”

  • Wanted: Global framework to fight land degradation

    Wanted: Global framework to fight land degradation

    Experts have called for a legal framework to fight land degradation.

    They also noted that critical knowledge gaps hinder effective land restoration.

    The Committee on Natural Resources, Energy and Environment (NREEL), a member of the International Law Association (Nigerian branch) posited that land restoration demands urgent investment in research.

    The group said such integration should also extend to the legal framework, ensuring clear comprehension by community stakeholders who are fundamental to the fight against land degradation.

    These recommendations were made at a conference to commemorate World Environment Day 2024.

    It is an annual event led by the United Nations Environment Programme and held annually on June 5 to promote global awareness of environmental issues.

    The theme was: “Our land, our future: land restoration, desertification and resilience.”

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    The one-day hybrid conference was organized by NREEL and hosted by the Center of Petroleum, Energy, Environment and Law (CPEEL) University of Ibadan in partnership with the Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute) and Triple Green Environment Development Foundation (TGED Foundation).

    The convener, Ms. Oluwaseyi Ebenezer, said there was a need for everyone to move beyond discussions of sustainable practices to actions and long-term implementation of strategies.

    She said this is crucial to achieving lasting success, with the understanding that everyone has a role to play.

    She underscored the urgent need for sustainable land management and the critical role individuals play in combating desertification and land degradation.

    Keynote speaker, Associate Professor of Energy and Environmental Law, University of Birmingham, United Kingdom, Dr. Walter Nsoh, said the theme combines actions that affect land and lead to land degradation and the consequences attached to it.

    “We can’t talk about land degradation without mentioning climate change issues such as flooding.

    “To resolve these issues, there is a need to put good restoration and resilience plan in place which should be a global action and in which everyone has a role to play,” he said.

    According to him, farmers should no longer see themselves as food producers but as integrated managers of the ecosystem.

    The panel discussions featured two high-level prominent experts from academia, government, and civil society, including Dr.Godswill Agbaitoro, Jumoke Olowookere, Patricia Ubiaza-Eze, Nenritmwa Gotodok, Adedoyin Adeleke, Dr. Afolasade Adewumi, Peter Oniemola and Agbo Chinonso Bathlomeo, among others.

    The panellists discussed the environmental and social impacts of desertification and land degradation, explored existing legal frameworks, and emphasised the importance of community engagement in building resilience for land restoration and environmental protection.

  • Ex-commissioner faults sealing of mechanics workshop

    Ex-commissioner faults sealing of mechanics workshop

    A former Information Commissioner in Ekiti State, Sir Kayode Otitoju, has urged Lagos State Governor Babajide Sanwo-Olu to intervene in the alleged sealing of his road setback housing a mechanic workshop in Lekki.

    He urged the governor to prevail on the Commissioner for Environment and Water Resources, Tokunbo Wahab, to obey a subsisting court order for the status quo.

    In the petition dated May 20, he claimed lawful ownership of the road setback along Maroko-Epe Expressway, Lekki Scheme 1, within the Eti-Osa Local Government Area.

    He said it was granted to him by the Lagos State Government in 2001.

    He said the agents of the Lagos State Government, particularly those of Wahab,  sealed off the gate of his mechanic workshop.

    He said the workshop has over N2 billion worth of clients’ vehicles trapped in it.

    The petitioner said the plot was to ensure that he was embarrassed, adding that the state government’s sealing of the workshop was sub-judice.

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    Otitoju said: “I  formally applied for the allocation of the road setback in February 2001.

    “The Lagos State Government through its Lands Bureau, Governor’s Office, vide its Letter Ref. No LB/314/S.17/37 of 9th of August 2001, formally allocated the road setback to me.

    “A Development Permit approval dated 24th of July 2003 with Reference No. OPP/LUM/539/28, was issued to me by the Ministry of Physical Planning.

    “On the 18th of May 2021, the Lagos State Ministry of Agriculture, Department of Veterinary Services, issued an Abattoir Operational Licence Ref. No: LVD/EPE/OP/AO1 to Messrs. Lekki Farms (a company owned by my wife).

    “The licence was for Lekki Farms to operate an abattoir at the back of Block A10’. Plot 9, 10,11 and 12 and up to the tail end of Cable-Point Estate’s Culvert, all within the road setback allocated to me.

    “I brought an application for a permit to operate an automobile mechanics/service workshop on 14th June 2023 to the Office of the Permanent Secretary Ministry of Transportation.

    “On the 22nd of June 2023, I received a Provisional Permit with Reference No. MOT/AG 2281/T2/144 for a mechanics workshop in the name of my Company – Jukot Ventures Nig Ltd at the back of Block A10, Plot 6, 7, and 8 of the setback.

    “My acceptance of the Provisional Permit for a mechanics workshop on the road setback was addressed and delivered to the Permanent Secretary Ministry of Transport and the same was duly acknowledged.”

    According to him, there is a pending case over the road setback involving Punuka Investment Ltd /Chief Anthony Idigbe (SAN).

    He said Justice A.F Pokanu had on August 17, 2023, dismissed the motion for interlocutory injunction dated July 3, 2023, by Punuka/Idigbe and ordered all parties to maintain the status quo.

    The petitioner quoted the judge as saying: “The claimant/applicant motion on notice for interlocutory injunction dated 3rd July 2023 is accordingly dismissed.

    “In its stead, I hold that justice of this case demands and I hereby order accordingly, that both parties are restrained from tampering with the res by the way of building, construction, or any development either by themselves or through their assigns, privies and representatives pending the final determination of this suit.”

    Otitoju believes Punuka/Idigbe instigated the sealing of his workshop.

    The petitioner said his workshop was sealed off without notice, adding that the action could destroy his source of income if not addressed.

    Otitoju said there was incontroverted proof that he was the allottee in physical possession.

    He insisted he had religiously performed his part of the transaction by paying for the use of the road setback since 2001.

    He urged the governor to “save my soul and defend me” by “opening my sealed mechanics workshop.”

    Otitoju also urged the governor to prevail on the parties “to respect the court ruling and abide by the court order.”

  • NBA Ikeja to explore governance, justice at law week

    NBA Ikeja to explore governance, justice at law week

    The Ikeja Branch of the Nigerian Bar Association (NBA) will examine the intersection of public governance and the rule of law during its ongoing Law Week.

    The week began last Friday and will end on Thursday.

    Its theme is: “Public Governance in Troubled Times: Safe Guarding the Rule of Law.”

    Branch chairman, Seyi Olawumi, said the theme resonated with the challenges and opportunities that the legal profession faced in the rapidly evolving world.

    He stressed that as legal practitioners, they must adapt to the changes, uphold the highest standards of professional conduct, and contribute meaningfully to the development of the legal system.

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    Olawumi said the law week would have an exciting lineup of events that would provide valuable insights and foster robust discussions on various aspects of the law.

    Those expected at the event include former Attorney-General of the Federation Kanu Agabi (SAN), who will be the keynote speaker.

    Others are Lagos Attorney-General Lawal Pedro (SAN), Norrison Quakers (SAN), Dr. Olaniyi Olopade (SAN), Prof. Olarenwaju Fagbohun (SAN), amongst others.

    “As our commitment to giving back to the community, our legal aid clinics will provide free legal services to those in need, ensuring that Justice is accessible to all.

    “This is a testament to our dedication to serving the public and upholding the principles of equity and fairness,” he said

    The Chairman assured that the Law Week will also provide an excellent opportunity for networking and building professional relationships.

    “Our social events will facilitate interactions among legal professionals, fostering a sense of camaraderie and collaboration.

    “As we embark on this week of activities, I want to emphasise our unwavering commitment to excellence in legal practice.

    “The legal profession is the bedrock of a just society, and we must continuously strive to uphold the integrity, independence, and professionalism that our calling demands,” Olawumi said.

  • Rule of law assessment, agenda for Tinubu Administration, by Shittu

    Rule of law assessment, agenda for Tinubu Administration, by Shittu

    Erudite lawyer and leading prosecutor Wahab Shittu (SAN), in this interview with ADEBISI ONANUGA, assesses compliance with the rule of law by the Tinubu Administration in one year, stressing the need to enhance the justice system. He outlines how to attain judicial independence and better promote rights

    How will you assess the rule of law compliance by President Bola Tinubu Administration?

    Any assessment of the extent of President Tinubu’s compliance with the rule of law in the last year must be made in the context of five principles of his administration outlined by the Minister of Information, Mohammed Idris, in particular, and against the backdrop of the fundamentals of democracy upon which any democratic government ought to be assessed.

    The five principles of the administration cover the following:

    • Policies and actions that will attract long-term local and foreign investments to Nigeria, including rebuilding the credibility and capacity of the Central Bank and a robust tax infrastructure to lessen the burden on businesses;

    • Policies involving difficult decisions, such as the removal of fuel subsidy and multiple exchange rates, always bearing in mind that such decisions would cause temporary pain and taking measures to assuage those in pain;

    • Policies and programmes that will provide targeted relief and benefits by way of grants, education loans, consumer credit, cash transfers, food and fertilizer distribution, and so on;

    • The need to make necessary adjustments to policies, programmes and decisions, where necessary, in order to accommodate public response – we saw this in the adjustments to the palliative and Student Loan programmes;

    • The need to establish a robust communication network in order to keep Nigerians abreast of the policies, decisions, and programmes being made on their behalf; hence, the formation of a pioneering National Communications Team.

    Significantly, there is no way any of the outlined policies and programmes can be effectively realised without respect for the rule of law, the cornerstone for democratic governance. It is in this sense that we will examine the administration’s scorecard against the background of the challenges prevalent in the justice delivery sector as detailed hereunder:

    • Delayed trials and backlog of cases: Long waiting periods for trials and significant backlog of cases hinder access to justice and prolong the suffering of victims and their families. Alleged corruption, bribery, nepotism, and other forms of corruption undermine the integrity of the justice system, eroding trust and fairness.

    • Inadequate infrastructure and resources: Outdated facilities, insufficient funding, and inadequate personnel hinder the efficient delivery of justice services.

    • Limited access to justice: many citizens, especially in rural areas, face barriers to accessing justice due to distance, cost, and lack of awareness.

    • Human rights violations: reports of human rights abuses, including torture and unlawful detention, continue to surface, highlighting the need for reform.

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    • Inefficient investigation and prosecution: inadequate forensic capabilities, poor investigation techniques, and ineffective prosecution strategies contribute to miscarriage of justice.

    • Overcrowding and poor prison conditions: unsanitary and inhumane conditions in prisons, as well as overcrowding, pose significant challenges.

    • Limited judicial independence: Political interference and executive influence undermine the independence and impartiality of the judiciary.

    • Outdated laws and procedures: Archaic laws and procedures need revision to align with international standards and contemporary realities. Limited public trust and confidence: Perceived injustices, corruption, and inefficiencies erode public trust in the justice system, leading to disillusionment and disengagement.

    How would you assess the administration’s justice sector reforms so far?

    This administration through its proactive and visionary Attorney-General of the Federation, Prince Lateef Fagbemi, SAN, has initiated far-reaching reforms encapsulated in the National Judicial Policy of the administration.

    In furtherance of this, the National Justice Summit was convened by the HAGF, essentially to present and seek the adoption of the National Justice Policy by government and non-government justice Ssector stakeholders.  It remains to be seen whether the reforms stand a better chance of success. Notably, the government has a clearly stated policy setting out the official vision of the reform objectives, and committing the government to specific reforms necessary to realise that vision.  This is an important reference point, for any strategic approach to justice sector development. 

    Do you see progress in the justice sector?

    We are making progress. The National Justice Policy identifies key priorities including Strengthening the independence, responsibility, efficiency and transparency of the justice system; improving the pre-judicial investigation process to ensure a guaranteed observance of human rights, and security for every person and decrease in levels of criminality; promoting and implementing the zero tolerance principle with respect to corruption within the justice system; improving the justice system to contribute to the creation of a climate that is favourable for economic growth and job creation, and securing effective observance of human rights by the application of legal practices and policies. Implicit in the policy is the recognition that it must be accompanied by detailed plans and reform, setting clear benchmarks and framed as a process rather than a single event. It can be said as much as possible that the Tinubu Administration has emphasised the overall importance of safeguarding the judiciary from political influence, for a fair and impartial justice system including revamping legal education to prioritize public interest litigation and ensuring broader access to justice to all Nigerians.  The administration through the National Assembly is embarking on a comprehensive review of Nigeria’s constitution after twenty-five years of democracy to strengthen its democratic foundations and strengthen its efficacy as a democratic tool.

    Are you impressed with steps taken to promote the rule of law?

    We can look at his achievements in this way:

    • Judicial independence: Ensuring the autonomy of the judiciary from other branches of government to uphold the rule of law and ensure fair adjudication.

    • Legal framework review: Evaluating existing laws and regulations to identify areas needing reform or amendment to enhance access to justice and efficiency in legal processes.

    • Corruption and ethics: Developing strategies to combat corruption within the justice system and promote ethical conduct among judicial officers and legal practitioners.

    • Human rights protection: Strengthening mechanisms to protect and promote human rights within the justice system, including safeguards against arbitrary detention, torture, and discrimination.

    • Gender justice: Addressing gender disparities in the legal system and promoting gender-sensitive approaches to justice, including tackling gender-based violence and ensuring equal access to legal services.

    • Victim support services: Enhancing support services for victims of crime, including legal aid, counselling, and rehabilitation programs, to address their needs and facilitate their participation in the justice process.

    • Alternative Dispute Resolution: Promoting the use of alternative dispute resolution mechanisms like mediation and arbitration to resolve conflicts outside of the formal court system, thereby reducing backlog and promoting faster resolution of disputes.

    • Legal aid and pro-bono services: Expanding access to legal aid for indigent persons and vulnerable groups, as well as encouraging pro bono legal services from private practitioners to bridge the gap in legal representation.

    • Court administration and case management: Implementing reforms to improve court administration, case management systems, and court infrastructure to enhance efficiency and reduce delays in the justice system.

    • Technology and innovation: Harnessing technology to modernise the justice system, including the implementation of e-filing systems, virtual court proceedings, and digital case management tools to improve access, transparency, and efficiency.

    • Judicial training and capacity building: Enhancing the capacity of judicial officers and court staff through training programmes, workshops, and exchange initiatives to improve competence, professionalism, and adherence to best practices.

    • Community engagement: Engaging communities in justice reform efforts through awareness campaigns, public consultations, and community-based initiatives aimed at fostering trust, participation, and collaboration in the justice process.

    • Transparency and accountability: Strengthening mechanisms for transparency and accountability within the justice sector, including measures to enhance judicial accountability, combat corruption, and ensure fair and impartial adjudication.

    • Legal education and public awareness: Promoting legal literacy and public awareness of legal rights and responsibilities through educational programmes, outreach activities, and media campaigns to empower citizens and promote respect for the rule of law.

    • Interagency collaboration: Enhancing collaboration and coordination among justice sector agencies, including law enforcement, prosecution, and correctional services, to improve information sharing, case coordination, and holistic approaches to justice.

    • Restorative justice: Exploring restorative justice approaches that focus on repairing the harm caused by criminal behaviour and facilitating reconciliation between offenders, victims, and communities to promote healing and reduce recidivism.

    • International Cooperation: Strengthening international cooperation and partnerships to support justice reform efforts, including technical assistance, capacity building, and knowledge sharing to leverage global best practices and resources.

    These 17 thematic areas if addressed frontally will boost rule of law compliance in the country.

    Are the measures effective enough?

    President Bola Tinubu’s adherence to the rule of law has been mixed since he took office. On the positive side, Tinubu has shown some commitment to legal processes, such as signing the amended Electricity Act into law, which aims to address development and environmental concerns in host communities of power-generating companies.

    Notwithstanding, there are still areas of concern on compliance with the rule of law. For example, there have been significant concerns about his administration’s compliance with fiscal laws. The proposed 2024 budget, which he presented, exceeds the fiscal deficit limit set by the Fiscal Responsibility Act of 2007. The budget deficit is projected at 3.88 per cent of GDP, surpassing the three per cent cap mandated by the Act. This has raised questions about the legality and fiscal discipline of his administration. There is a widespread expectation that his government should break from past practices of fiscal indiscipline and legal non-compliance to restore trust in governance. The human rights record of the administration can also do better in terms of rising to public expectations.

    Battling the growing corruption is also one of the significant parts of his campaign promises. Has his administration dived into that yet?

    There is also good news for cheer as President Tinubu sets out to launch National Anti-Corruption Strategy in 2024, a move designed to combat corruption. National Anti-corruption Strategy in 2024 revolves around five pillars. These pillars include the prevention of corruption, public engagement, campaign for ethical re-orientation, enforcement and sanction, and recovery and management of proceeds of crime. There are also prospects for better days ahead considering upcoming activities highlighted by the HAGF including the official launch by President Tinubu, engagement with governors and stakeholders, activation of the Anti-Corruption Funding Framework, legislative advocacy, and incorporation of the NACS into the strategic plans of relevant agencies.

    Additionally, the Tinubu Administration has demonstrated a commitment to tackling corruption within significant sectors, such as the banking industry. The President appointed a special investigator to probe the Central Bank of Nigeria (CBN), which led to the dismissal of the boards and management of several banks due to regulatory non-compliance and corporate governance failures. This move is seen as a decisive action to clean up the financial sector and ensure adherence to financial laws Tinubu’s administration has also focused on supporting existing anti-corruption institutions, like the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC). By strengthening these bodies and ensuring they operate effectively, the President aims to reduce inefficiency and waste in government operations. These efforts indicate a strong commitment to fighting corruption, although the true impact of these initiatives will be clearer as they continue to be implemented and monitored over time.

    How can the judiciary become truly independent?

    President Bola Tinubu has taken several steps to support the independence of the judiciary in Nigeria. Key among these efforts is the proposal to increase the salaries and allowances of judicial officers through the Judicial Office Holders (Salaries and Allowances, etc.) Bill, 2024. This bill aims to update the remuneration of judges to reflect contemporary economic realities, improve their welfare, and reinforce the judiciary’s independence In addition to financial measures, the administration has also significantly increased the judiciary’s budget from 165 billion naira to N342 billion. This funding boost is intended to address longstanding issues of underfunding that have hampered the effective functioning of the judiciary These actions reflect a clear commitment from Tinubu to strengthen the judiciary’s independence, which is a crucial pillar for upholding the rule of law in Nigeria. By enhancing judicial salaries and increasing budgetary allocations, Tinubu aims to ensure that judicial officers can perform their duties without financial pressures or undue influence. The administration is, however, advised to consider various factors and developments that could accelerate judicial independence and autonomy.

    What are these factors?

    • Independence of the judiciary and appointment process: The manner in which judges are appointed can significantly impact judicial independence. If the appointment process is transparent, merit-based, and free from undue political influence, it strengthens the judiciary’s independence. Conversely, if appointments are perceived as politically motivated or lacking transparency, it can undermine judicial independence.

    • Respect for court decisions: A key indicator of judicial independence is the extent to which court decisions are respected and implemented by the executive and legislative branches of government. If court rulings are consistently obeyed and enforced, it indicates a healthy respect for the judiciary’s authority and independence.

    • Funding and resources: Adequate funding and resources are essential for the judiciary to function effectively and independently. If the judiciary receives sufficient funding and resources to carry out its mandate, it enhances its ability to act impartially and without undue influence.

    • Non-interference: Judicial independence also requires freedom from interference or intimidation by the executive or legislative branches of government. Any attempts to influence judicial decisions or undermine the judiciary’s autonomy can erode its independence.

    • Concerns about compromise: Despite constitutional provisions for judicial independence in Nigeria, concerns about compromise or interference in the judiciary have been raised over the years. These concerns may stem from various factors, including:

    • Politically motivated cases: Allegations of politically motivated prosecutions or judgments, particularly in high-profile cases, can raise questions about the judiciary’s independence and impartiality.

    • Delayed justice: Persistent issues such as case backlog, delays in trial proceedings, and prolonged detention without trial can undermine public confidence in the judiciary and raise concerns about its effectiveness and independence.

    • Corruption and bribery: Instances of judicial corruption or bribery can compromise the integrity and independence of the judiciary, as they undermine the impartiality of judicial decisions and erode public trust in the justice system.

    • Executive influence: Perceived attempts by the executive branch to exert undue influence over the judiciary, such as through appointments, budgetary control, or public criticism of judicial decisions, can raise concerns about judicial independence. Overall, assessing whether the judiciary in Nigeria is compromised requires a nuanced analysis of specific cases, trends, and institutional dynamics.

    How can judicial independence be upheld?

    While there have been instances of concern regarding judicial independence and integrity in Nigeria, there have also been efforts to strengthen the judiciary and safeguard its autonomy. Ongoing monitoring, transparency, and accountability mechanisms are essential for upholding judicial independence and ensuring the integrity of the justice system. We must not relent until we have a judiciary that is truly strengthened to facilitate access and deliver justice to all Nigerians without discrimination.

    What are your thoughts on rights protection?

    The Tinubu Administration has outlined several key priorities regarding the protection of human rights. These include improving internal security, fostering economic stability, and addressing systemic issues like poverty and inequality. The 2024 budget emphasises national defence, job creation, human capital development, and poverty reduction, which are intended to create a more stable and equitable society. Human rights organisations, however, have raised concerns about the administration’s performance so far. Amnesty International criticised Tinubu for failing to uphold human rights and urged his government to address long-standing violations, ensure justice for victims, and investigate abuses by security forces. Human Rights Watch has also recommended specific measures, such as protecting freedom of expression, ensuring fair trials, and improving social safety nets. These criticisms ought to be addressed and taken seriously. The administration should sustain its commitment to improving transparency, accountability, and the overall effectiveness of governance, with a particular focus on human capital development and economic growth as part of its broader agenda to renew hope in Nigeria.

    Would you like to see more legal experts involved in governance?

    President Tinubu has demonstrated a commitment to involving legal professionals and experts in governance to ensure law and harmony in Nigeria. It is on record that this administration has worked with groups like the P-BAT Academics and Professionals, which includes legal and academic experts, to support the government’s objectives. This group has actively contributed intellectual inputs to influence policy and ensure the success of Tinubu’s administration, particularly through their involvement in the Renewed Hope Agenda, which encompasses various aspects of governance including justice, law, and policy. Overall, Tinubu’s approach to leveraging the expertise of legal professionals to enhance governance and policy implementation reflects a broader strategy to involve knowledgeable stakeholders in the country’s administration. This culture ought to be encouraged and sustained.

    The quality and substance of the rule of law under any administration fundamentally rests on the quality of the judex, the quality of the bar particularly the quality of the Attorney-General of the Federation at the centre and Attorney-General of states including the attitudinal chemistry of stakeholders in the administration of justice particularly the practical commitment of the ruling elite to rule only by respect for the law.  Luckily, we have a president who has a record of democratic credentials and an Attorney-General of the Federation who is rule-of-law compliant at least given his track record. It is hoped that this will translate to real gains for the rule of law in years to come.

  • Lawyer seeks sanctity of contract in entertainment space

    Lawyer seeks sanctity of contract in entertainment space

    A lawyer, Ademola Adefolaju, has stressed the need for the sanctity of contracts in the entertainment sector.

    He said it was the only way the sector could continue to add value to the economy.

    He spoke when an upcoming music act, Orewale Adewale Mayowa, with the stage name Whally, signed a deal with Dosh Entertainment Empire Record Label.

    The label is owned by Sunday Stephen Aladeyekun, popularly known as Dosh Lowkee, in Lagos.

    Adefolaju, who is the counsel for Doshlowkee Entertainment Limited, said signing the new entrant was a good development for all parties.

    He urged both established and upcoming artists not to entertain any fear about dealing with the company.

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    “All terms and agreements signed by parties will be fully observed without any regret,” he said.

    Whally said he chose Dosh Entertainment because the label boss had been his benefactor.

    “I’ve seen how he has been helping people grow out there, not only artists, so that inspired me more.

    “I’m confident that together we can achieve great things and make a meaningful impact in the music industry,” he said.

    The 18-year-old, who is a rapper and afrobeat musician, claimed to be taking after two American rappers – Katorah Kasanova Marrero popularly called MA and Rodrick Wayne Moore a.k.a. Roddy Ricch.

    He said: “I’ve always been rapping and trapping since I’ve been into music and I just decided to try out some other genres like R&B, Reggae, Fuji and Afro.

    “But I only find it easy to do something on Afrobeat and the delivery was so much easier for me.

    “It felt like freedom because rap and trap aren’t something easy you know, so I’m in love with Afrobeat and I’m addicted to it

    “My mentors are Young MA. She made me start doing rap music because that was the first genre of music I started doing. I can’t get over her songs.

    “I’m addicted and I enjoy listening to Roddy Ricch also.”

    Whally advised youths to use their God-given talents for their betterment.        

    He said: “If you can dream it then you definitely can do it, no matter what it is.

    “Pursue your passion, be dedicated, stay consistent and give it whatever it takes.

    “Remember every small step counts, so keep pushing and never stop believing in yourself, so that you can be useful to yourself and the nation at large.”