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Category: Law

  • Lawyer cleared of fraud allegation

    Lawyer cleared of fraud allegation

    A former Chairman of the Surulere Lawyers Forum (SLF), Chief Fred Onyeka, has been cleared of the allegation of embezzling N100,000.

    Another former chairman, Mrs. Chioma Ferguson, made the allegation on the Forum’s WhatsApp platform.

    Onyeka was chairman from 2012 to 2014, while Ferguson served from 2014 to 2017.

    Onyeka had demanded an apology from her and threatened to sue and file a complaint with the police if she did not substantiate her claim.

    Ferguson made the allegation on June 1 but did not provide proof despite a demand for it by Onyeka through his counsel.

    However, elders of the forum intervened, following which Ferguson and Onyeka agreed to settle.

    They met at the office of Chief Olusegun Fabunmi (SAN) on June 10.

    Parties resolved: “That both Chioma Ferguson and Chief Fred Onyeka have agreed to resolve the issue between them amicably;

    • “That Chief Onyeka has not committed any wrongdoing;

    • “That Mrs Ferguson and Chief Onyeka have agreed that this matter will not be mentioned again between them;

    • “That both parties have agreed to discontinue all present and contemplated legal actions.”

    Witnesses at the meeting were Chief Fabunmi (patron), Mr Biodun Ogundeji (patron), Otunba Martin Ogunleye (former chairman), Prince Eddy Njoku (chairman) and Eno Mbanugo (Vice Chairman).

    Ferguson had alleged that Onyeka withdrew the sum from the Forum’s account and was “yet to account for it till date.”

    Onyeka said the allegation was highly defamatory of his professional reputation as he never tampered with the Forum’s funds.

    He said he was shocked when his attention was drawn to the allegation, which never came up previously at any of the Forum’s meetings.

    “I must express my unmitigated shock and utter surprise at this allegation. I have never heard of this before,” he had said.

    According to him, even when he was invited to render an account after his tenure, no mention was made of any missing N100,000.

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    “There were no SLF properties in my possession. After Mrs Ferguson took over, she sent a lady who came to my office to collect a few files and photographs in my possession.

    “There was no mention of N100,000 embezzlement. At the end of my narration, the House resolved that all issues had been resolved

    “This attack on my person is extremely provocative and if not refuted to the zenith is deeply damaging.

    “I urge SLF to independently investigate these allegations. 

    “I call for a copy of the statement of the account during my tenure and request for expenditure details with specific proof of my embezzlement of any N100,000.

    “I request total and open investigation/enquiry with immediate effect and without delay,” Onyeka had stated before he was cleared.

  • Case for opening up Nigerian legal space

    Case for opening up Nigerian legal space

    • Lawyers explore cross-border alliances, partnerships

    Are there advantages to allowing foreign lawyers to practise in Nigeria? How can regulators make this happen? At the Annual Law Week of the Nigerian Bar Association (NBA) Lagos Branch, legal experts analysed the pros and cons of cross-border alliances and partnerships. Deputy News Editor JOSEPH JIBUEZE reports

    When Nigeria and the United Kingdom signed the Enhanced Trade and Investment Partnership (ETIP) to boost trade and investment, the Nigerian Bar Association (NBA) feared the pact would allow the influx of foreign lawyers into the country.

    Minister of Industry, Trade and Investment, Dr. Doris Nkiruka Uzoka-Anite, said the agreement “reaffirms Nigeria’s dedication to nurturing economic and trade alliances, especially in critical sectors like energy, legal, and financial services.”

    UK Minister for Business and Trade, Kemi Badenoch, said the two countries “will continue to be bound by unshakeable cultural bonds and share a common law system which is the language of our contracts and transactions.”

    The NBA, however, vowed to challenge the pact in a strongly worded statement.

    Its President, Yakubu Maikyau (SAN), said: “It is truly tragic that while the government of the UK is seeking opportunities for its own lawyers beyond its constrained environment, the government of Nigeria is attempting to deprive Nigerian lawyers and their millions of dependants of means of livelihood.

    “The NBA under my leadership will not allow any incursion into our legal space.

    “We intend to fully challenge the legality of this agreement to the Supreme Court if necessary…”

    Dr. Uzoka-Anite later clarified that the agreement does not guarantee easy entry for UK lawyers.

    “We wish to state emphatically that there is no such provision or agreement in the MoU.

    “For the avoidance of doubt, Nigeria does not have a Mutual Recognition Agreement (MRA) with the UK and did not commit, under the MOU or elsewhere, to allow UK-licensed lawyers to practise in Nigeria.

    “As it currently stands, foreign licensed lawyers (including those licensed in the U.K.) cannot practice in Nigeria, as categorically stated in the MOU,” she explained.

    However, speakers at the 2024 Law Week of the NBA Lagos Branch noted that shutting out foreign lawyers completely will lead to a loss of opportunities for their Nigerian counterparts.

    From June 10 to 15, discussions centred on how Nigerian lawyers can become global players.

    The theme was: “Charting new legal frontiers: Practice of law in Nigeria, cross-border alliances and partnerships.”

    One major takeaway was that the Nigerian legal space can no longer remain closed to outsiders.

    Experts urged the NBA not to be afraid of allowing foreign lawyers to practise in limited areas in Nigeria.

    Cross-border alliances and partnerships, they believe, will instead create more opportunities for lawyers.

    It was noted that for the Nigerian legal system to compete favourably and take advantage of the opportunities such alliances bring, it must put its house in order and embrace technology.

    There were more than just the nine panel sessions across two days which featured over 60 speakers during the law week.

    A highlight was the Bar and Bench Day on the third day, with the theme: “Enhancing legal practice and the judiciary in Nigeria: collaborative strategies for reform.”

    Among the panellists were the Head of Criminal Division, Lagos High Court, Ikeja, Justice Adenike Coker; Chairman, Committee on Remote Hearing, Justice Rahman Oshodi; Chairman of Judiciary Relations Committee, NBA Lagos Branch, Ayodeji Omotoso (SAN); Kelechi Obi (SAN), and Miannaya Essien (SAN), among others.

    They dissected how the judiciary can leverage technology for judicial efficiency.

    The second panel session on the Bar and Bench Day featured Admin Judge of the Lagos High Court, Justice Atinuke Ipaye; Admin Judge of the Federal High Court, Lagos Division, Justice Olayinka Faji; Mrs. Abimbola Akeredolu (SAN); Mr. Wale Fapohunda (SAN), Chief Charles Edosomwan (SAN) and Editor/Adjunct Professor, Onikepo Braithwaite.

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    They examined the relationship between the Bar and Bench, with a focus on the expectations of the judex.

    The day also featured a discourse on legal education and professional development.

    Among the panellists were Justice Ikechi Nweneka of the National Industrial Court, Tunde Fagbohunlu (SAN), Mrs. Olayemi Badewole (SAN), Prof. Oyelowo Oyewo (SAN) and Managing Partner, StreamSowers & Kohn, Mrs. Chinasa Unaegbunam.

    The first plenary session had the sub-theme: “Adapting to Global Shifts in Legal Practice.”

    Other sub-themes were: “Global expansion and cross-border collaboration: strategies for Nigerian law firms;” “Dual qualifications: navigating legal practice across jurisdiction” and “Technological advancements in legal practice.”

    The fifth session was: “Town Hall: The Future of the NBA.”

    It was followed by “Addressing brain drain: mitigating the impact on Nigerian law firms,” “The future of law in Nigeria: expanding practice areas,” and “The role of in-house counsel in navigating cross-border transactions.”

    The sessions ended with a debate: “Navigating globalisation in legal practice: protectionism vs. proactive.”

    Case for opening up Nigerian legal space

    The keynote speaker was Segun Osuntokun, the Global Senior Partner at a leading United Kingdom law firm, Bryan Cave Leighton Paisner.

    He urged the NBA and regulators to learn from other countries that have allowed foreign lawyers into their space.

    Other countries, such as India and Saudi Arabia, have opened up theirs, he pointed out.

    He said foreign lawyers could be allowed to practise in limited areas rather than all aspects of Nigerian law.

    Osuntokun said: “India made rules to allow foreign law firms to practise in limited areas, such as maritime and arbitration.

    “There is room for everyone so long as it’s well regulated.

    “The Nigerian legal profession and its regulators should open up to ideas as to how they can facilitate meaningful, reasonable interaction with foreign law firms that want to practise or want to have a base in Nigeria.

    “You can have alliances; you can have a co-branding with international law firms.

    “I will urge the NBA to look at models in India and the Kingdom of Saudi Arabia, which in the last year has taken steps to open up their legal services to foreign law firms.”

    Osuntokun stressed the need for lawyers to enhance their practice.

    “Lawyers need to grapple with technology now. AI (artificial intelligence) will have a key role to play, and lawyers need to get to grip with it,” he said.

    One tip he gave is the need to specialise, “focusing on one thing and doing it well”.

    Pedro: alliances open doors

    Lagos Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), noted that globalisation had transformed the practice of law, broadened the horizons and compelled integration of international legal standards.

    He said: “Cases and transactions often span multiple jurisdictions, demanding a comprehensive understanding of both local and international laws.

    “How can we, as Nigerian lawyers, thrive in this interconnected world?

    “The answer lies in our ability to adapt, learn, and innovate.

    “In this rapidly changing landscape, the importance of forming cross-border alliances and partnerships cannot be overstated.

    “These collaborations open doors to knowledge exchange, enhance our competitiveness and grant us access to new markets and clients.

    “They are the bridges that connect us to a global network of legal expertise and opportunities. Yet, we must also acknowledge the challenges.

    “Cultural differences, regulatory hurdles, and the integration of technology across borders present significant obstacles.

    “But within these challenges lie opportunities for growth and innovation.”

    Pedro urged Nigerian lawyers to adapt to the change brought by technology.

    He said: “Technology has revolutionised our profession. AI, blockchain, and online dispute resolution are no longer mere buzzwords but essential tools in our legal arsenal.

    “They offer us unprecedented efficiency and effectiveness. Are we ready to embrace these changes and leverage them to serve our clients better?

    “The future beckons us to be pioneers, not just participants, in this technological transformation.”

    Olugasa: AI won’t replace lawyers

    Managing Director of Law Pavilion Business Solutions, Ope Olugasa, a panellist during the fourth session on “Technological Advancements in Legal Practice,” dispelled fears that technology could displace lawyers.

    He said: “AI will never replace lawyers. Rather, it’s the lawyers who use AI that will replace those that don’t.

    “Hence, it’s important we all take a proactive approach towards effective use and adoption of AI to help us serve our clients better and faster.”

    Calling for regulation, Olugasa added: “The rate at which AI is growing, taking on every profession, it’s imperative the legal industry begins to consider how to come up with AI policies and regulations in order to mitigate the likely risks that are inherent in the use of AI.

    “Of course, this will require cross-industry collaboration, not just by lawyers alone.”

    Etomi: If we don’t retool, we’ll become dinosaurs

    Pioneer NBA Section on Business Law Chairman, George Etomi, urged lawyers not to lose sight of the opportunities before them.

    He said lawyers, for instance, should know the value of digital market services in Nigeria.

    “We should know the monetary value to understand why it is so attractive to foreign firms and we are wondering what they see that we are not seeing,” Etomi said.

    He was of the view that Nigerian lawyers cannot continue to be left behind.

    “If we do not retool, we’ll become dinosaurs. We must address our system that is broken. We must continue to reinvent ourselves.

    “We must engage the government: why the unbridled desire to engage foreign firms? We must push in some element of patriotism,” he said.

    Etomi stressed that while Nigerian law firms can effectively compete and should be given opportunities, cross-border partnerships have come to stay.

    “The appetite for the Nigerian market is still high,” he said, pointing out that “the largest law firms (in Nigeria) cannot absorb two per cent of the annual Law School graduates.”

    One of the panellists during the plenary sessions, Mrs. Boma Alabi (SAN), thinks Nigerian law firms are as good as their counterparts elsewhere.

    “A Nigerian company would prefer a non-Nigerian law firm that is equally competent, and I find it really strange. For me, it’s colonial,” she said.

    Planning Committee Chairperson, Mrs. Folasade Alli (SAN), said the Law Week theme reflected a collective ambition to forge new paths in the practice of law.

    “We are navigating an era where global partnerships and cross-border collaborations are not just beneficial; they are imperative for success and sustainability.

    “As we explore these frontiers, we aim to adapt and thrive in a landscape marked by rapid changes and increased connectivity,” she said.

    NBA Lagos Branch Chairman, Olabisi Makanjuola, urged lawyers to enhance their capacity to compete globally.

    He said the focus should be on how to be globally relevant in an era where the legal profession has become very dynamic.

    “I am confident that the Lagos Law Week will not only inspire but also empower us all to reach new heights of excellence in our respective fields,” he said.

    Maikyau, represented by NBA General Secretary Adesina Adegbite, admitted that globalisation had caused an unprecedented shift in the practice of law.

    “Like every other business, technological advancements have led to increased cross-border trade which has impacted and will continue to have a tremendous effect on our practice space.

    “There is no gainsaying that the face of legal practice in Nigeria and across the world is fast changing owing to technological disruptions.

    “While this comes with significant challenges, the survival of businesses, including legal practice, depends on our ability to innovate – leverage technology to embrace these modern trends, improve operational efficiency and turn the challenges into opportunities for learning and growth,” Maikyau said.

    Other aspects of the law week were a Democracy Day walk, charity visits, a law clinic, elders night and movie night, a Chief Judge’s Cocktail, Young Lawyers Day/New Wig Induction, a closing party and a family fun day/novelty match.

  • Prof sues late activist’s wife for N100m over biography

    Prof sues late activist’s wife for N100m over biography

    Director of the Institute of African Studies, Carleton University, Ottawa, Canada, Prof. Nduka Otiono, has sued Mrs. Josephine Effah-Chukwuma, wife of a renowned human rights activist, the late Innocent Chukwuma, over an alleged breach of contract.

    He filed the suit at the Lagos High Court sitting at Tafawa Balewa Square (TBS) over an unpublished biography titled “Possibilities Unlimited – A Biography of late Innocent Chukwuma.”

    The late Chukwuma was also the Regional Director of the Ford Foundation.

    Joined as the second defendant is the Pan-Atlantic University.

    The claimant, in the suit LD/10395GCMW/2023, through his lawyer, Chief Uche Ihediwa (SAN), is praying for a declaration that the defendants breached the terms of the contract when they failed to approve the manuscript within 30 days by March 14, 2023.

    He urged the court to declare the defendants’ letter of May 8, 2023, purporting to terminate the contract as illegal, null and void.

    When the matter came up in court, Ihediwa, a former Abia State Attorney-General and Commissioner for Justice, appeared for the claimant; Uche Ego-Osuala appeared for the defendants.

    Justice Olabisi Ogungbesan adjourned till June 28 to enable the defendants to respond to the processes and to hear the preliminary objections.

    Otiono claimed that around mid-2021, the first defendant (and representatives of the Ford Foundation, West Africa) offered him a ghost-writing job.

    The claimant averred that on or about November 2021, he agreed to write the biography.

    The task, he said, involved the engagement of assistants, extensive travel within and outside Nigeria, research, and analysis of materials on late Chukwuma’s life and times, reviewing the work of the deceased, conducting several interviews, identification of contributions to civil society, criminal justice reform, youth and women rights, among others.

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    The claimant averred that the Ford Foundation provided funding through the defendants.

    Otiono said it was agreed he would be paid $37,779.00.

    He was paid $26,445.3 (70 per cent), with the balance of $11,333.7 (30 per cent) to be paid “within 30 days of the accomplishment of the project”.

    The claimant stated that he submitted the manuscript on February 7, 2022. The defendants reviewed it in 27 days and returned it with their comments.

    Otiono averred that he revised the original manuscript incorporating relevant views and returned the completed work on March 14, 2022.

    The claimant stated that by the terms of reference, the first defendant had 30 days from March 14, 2023, to review the revised manuscript.

    It was also agreed that after 30 days from March 14, the claimant would be entitled to his balance.

    The claimant averred that after the expiration of the time limit for a review of the draft, the defendants sent a May 8, 2023 letter purportedly terminating the contract.

    The defendants alleged that the claimant breached the terms of reference by making a Facebook post celebrating the late Chukwuma on the second anniversary of his demise.

    Otiono maintained that the alleged termination was of no effect because as of May 8, 2023, the reviewed manuscript had been with the defendants for about 55 days.

    The claimant contended that details of the Facebook post cited by the first defendant did not contain confidential information except what was already public knowledge.

    He further stated that sometime in May 2023, the defendants unveiled the cover of the book.

    The claimant contended that the proposed publication would violate his intellectual property and moral and inalienable rights as the author.

    Otiono averred that the extended time and extensive work on the biography project and the subsequent failure to publish it as agreed caused him untold hardship.

    The situation, he said, denied him the time and concentration to work on other assignments, and inflicted irreparable damage to his professional reputation.

    According to him, he effectively breached the trust of the scores of people who generously gave their time for interviews believing his promise that the book would be published.

    The claimant stated that when his efforts at settlement were rejected, and the defendants also refused to pay the outstanding $11,337.7, he engaged the services of lawyers at a cost of N10,500,000.00 to ventilate his claim. 

    The claimant is praying for: “a declaration that he had completed the biography in accordance with the terms of reference;

    “A declaration that the defendants, their servants, privies, or anyone hired by them are not entitled to use any material and or writing by the claimant to publish a biography of late Innocent Chukwuma;

    “A declaration that the claimant’s Facebook post of April 4, 2023, did not amount to a breach of Clause 8 of the Terms of Reference.”

    The claimant sought a perpetual injunction restraining the defendants or their agents from plagiarising or reproducing his literary work or manuscript or any part of it in any material form without his written consent.

    Otiono prayed for N100 million as special and general damages.

    Pan-Atlantic University, in its preliminary objection, urged the court to strike out its name for being not a person known to law and not capable of being sued.

  • Adeola is new NBA Ikorodu Chairman

    Adeola is new NBA Ikorodu Chairman

    M rs. Olawunmi Adeola has been elected the chairman of the Nigerian Bar Association (NBA), Ikorodu Branch.

     She will serve for two years. She is the first female to be elected chairman of the branch.

    The election was held on June 3.

    She takes over from Tunde Thanny.

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    The officers were sworn in by a former Chairman of Ilorin Branch, Dr. Mobolaji Ojibara.

    Others elected are Vice Chairman, Olajide Abiodun; Secretary,  Michael Olamona; Assistant Secretary, Mrs. Modupe Ayeni; Treasurer, Mrs. Tiwatope Ebinum and Financial Secretary, Mrs. Bisola Kafaru.

    Others are Social Secretary, Mrs. Moronke Dere; Publicity Secretary Lukman Oladimeji and Welfare Secretary, Mrs. Victoria Bukola.

  • AGF, SANs seek framework for electronic transactions

    AGF, SANs seek framework for electronic transactions

    Attorney-General of the Federation (AGF) Prince Lateef Fagbemi (SAN) and his Lagos State counterpart Lawal Pedro (SAN) have called for a legal framework for electronic transactions.

    They made the call in Lagos at the presentation of the book: “Nigerian Law of Electronic Transactions.”

    It was written by the former Lagos State Attorney-General and Commissioner for Justice, Adeniji Kazeem (SAN).

    Fagbemi, who chaired the event, noted that every sphere of human existence can no longer feign ignorance of the pervasive effect of information and communication technology.

    He said: “This has even become more pronounced with the proliferation of Artificial Intelligence wherein physical human involvement is now gradually being limited and/or phased out in the way we live and do business.

    “Expectedly, therefore, and as legal professionals, we cannot but take the bull by the horns in proffering the ground rules for a seamless transition from our present situation to this new world order.

    “As we navigate the 21st century, the intertwined nature of law and technology becomes increasingly desired.

    “The legal framework governing electronic transactions is critical to ensuring trust, security, and efficiency in our digital economy.

    “This book is a timely and invaluable addition to our legal literature, addressing the complexities and nuances of electronic transactions in Nigeria.”

    Fagbemi praised the author for his dedication and insightful contribution to this dynamic field of law.

    He said the book was timely and could not have come at a better time.

    “I commend Mr. Kazeem for his foresight and commitment to advancing legal research and practice in this area.

    “His work during his tenure as the Attorney-General and Commissioner of Justice for Lagos State laid a solid foundation for the integration of technology into our legal processes, and this book is a testament to his enduring vision and effort,” the AGF added.

    Pedro said electronic transactions have become a regular part of life and require regulation.

    “The legal framework is crucial to guarantee the trustworthiness of electronic transactions,” he said.

    According to him, opportunities will not be fully harnessed, including job creation, unless there is a strong legal framework for the use of technology.

    Kazeem said the inspiration to write the book arose from witnessing the rapid digital transformation reshaping commercial transactions across Nigeria and the globe.

    According to him, data from the Nigerian InterBank Settlement Systems Plc (NIBSS) show that the value of electronic payment transactions reached a staggering N600 trillion in 2023, a 55 per cent increase from N387 Trillion in 2022.

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    He noted that transaction volume has also seen a significant rise from 5.1 billion in 2022 to 9.7 billion in 2023.

    “While these figures may not all translate to completed commercial transactions from a purely legal standpoint, they undeniably point towards a massive increase in digital transactions across the nation,” he said.

    The surge in commercial technology, Kazeem noted, offers a wealth of opportunities for the government as it streamlines public service delivery from easy online tax payments to efficient distribution of social programmes.

    He also said that a thriving digital commerce landscape benefits the nation through increased tax revenue from transparent e-transactions, economic growth fueled by a flourishing digital economy, and financial inclusion.

    It also fosters good governance by leaving an auditable trail that combats corruption, the SAN noted.

    Kazeem said there is, therefore, a need for a legal framework.

    He said it was necessary to know which legal framework applies if a dispute over an electronic transaction arises, as well as at what point such transactions become contracts.

    “Technology’s rapid evolution demands a legal system that adapts to protect its citizens, and which serves the growing FinTech and technology sectors.

    “While industry summits often touch on regulatory compliance, the crucial aspect of legal protections for the users remains largely unexplored. This book aims to bridge that gap.

    “It delves into how the law can provide those safeguards. By contributing to this knowledge base, I hope to empower everyone and fuel the creation of a comprehensive electronic transactions law in Nigeria,” the author said.

    Chief Judge of Federal High Court, John Tsoho, represented by Justice Ayokunle Faji, hailed Kazeem for his contribution to knowledge, saying the book came at the right time.

    “It will be a good source of assistance to judges,” he said while advocating the need for “standalone legislation on electronic transactions.”

    Also at the launch were former Federal Commissioner for Works Pa Femi Okunnu (SAN); former Lagos Commissioner for Tourism, Arts and Culture, Steve Ayorinde, who represented former governor Akinwunmi Ambode, who unveiled the book; former All Progressives Congress (APC) National Legal Adviser Babatunde Ogala (SAN); former Lagos Attorney-General and Commissioner for Justice Olasupo Shasore (SAN), among other dignitaries.

  • Proprietor’s N31m suit against bank for hearing Oct. 23

    Proprietor’s N31m suit against bank for hearing Oct. 23

    Justice K.O.  Dawodu of an Ikeja High Court has fixed October 23 for hearing in a N30 million suit against FirstBank Nigeria Limited by a businessman, Taiwo Ogundipe.

    The judge fixed the date after hearing the submissions of Sampson Ogunkanmi, counsel for the claimant in the suit marked No: 10/792/OGG/2024. 

    Ogunkanmi informed the court that the claimant’s originating summons had been served on the defendant.

    In his written address in support of the originating motion, the claimant raised two issues for determination:  “Whether having regards to the provisions of the Central Bank of Nigeria’s Bank Customers’ BilI of Rights dated September 30, 2022, Banks and Other Finance institutions Act (BOFIA) 2020, Section 37 of the 1999 Constitution (as amended), and relevant case laws, the defendant’s Letter of Complaint to the Chairperson, National Association of Proprietors of Private Schools (NAPPS}, Mushin Chapter, dated August 26, 2021 in respect of the claimant’s banking activities with the defendant amounts to a breach of the claimant’s right to privacy and a breach of the defendant’s obligation and duty of confidentiality and non-disclosure owed to the claimant?”

    The claimant also seeks “a declaration that the defendant’s Letter of Complaint to the chairperson, National Association of Proprietors of Private Schools (NAPPS), Mushin Chapter, dated August 26, 2021, in respect of the claimant’s banking activities with the defendant was written mala fide and in bad faith.”

    The claimant sought exemplary damages of N30million  and N1million as cost of the action.

    He exhibited documents to show the banking relationship between him and the defendant and to show that he was repeatedly granted loans because he did not default on their repayment.  

    “That vide a Letter of Offer of Credit Facility dated 19th April, 2021, I was granted credit facility of N1,000,000.00  for a tenor of three months.

    “That due to the fact that the offer letter and fund release came very late, we were unable to meet the target of the credit facility itself. I then wrote a letter dated 30th of July, 2021 to the Manager of the Matori Branch of the defendant requesting restructuring of the repayment of the loan into the new term which was to commence six weeks after the letter was written.”

    He averred that a week after the letter was received by the defendant, he started receiving threatening calls and messages from a staff of the bank.

    The claimant said he briefed his counsel Chief Sesan Ogunkanmi of Sesan Ogunkanmi Chambers and instructed him to write to the defendant.

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    “My counsel then wrote a letter dated the August 6, 2021 to the defendant,” he stated.

    He averred that he personally wrote a petition dated August 6, 2021 to the Divisional Police Officer in charge of Olosan Mushin against the staff of the bank for threat to his life and livelihood.

    The claimant said the defendant responded. “All they said was that they were investigating the issues raised in our letter and will revert to us on their findings.

    “In my capacity as the proprietor of Julianah Fehintola Memorial International School, I belong to the Mushin Chapter of the National Association of Proprietors of Private Schools (NAPPS).

    “The membership of the National Association of Proprietors of Private Schools (NAPPS) runs into the thousands while the Mushin Chapter has over 200 members.

    “We all belong to social media groups created by the chapter’s administrations on Facebook and Whatsapp and every message sent on the groups is seen by all and  operation of my school.

    “I was on the one of the social media groups on the 28th of August, 2021 when a l etter was posted on the group. On closer inspection, I discovered that the letter tagged ‘Letter of Complaint’ was written by the Matori Branch of the defendant to the Chairperson of the Mushin Chapter of the National Association of Proprietors of Private Schools (NAPPS) against my person and school.

    “I also the discovered that the letter was written on the 26th of August, 2021, fifteen days after the defendant had written to my counsel that they were investigating and would revert in due course. 

    “The letter was written to an association I belonged to by the defendant’ and was subsequently posted to a group of over 200 members who were my direct competitors.

    “The letter accused me of fraud and breach of contract. The defendant took this terrible action without caring for its attendant consequences for me and my business

     “The letter was used as a weapon by the association members who were my competitors to ridicule my person and undermine my business. This letter was used as a means to poach my students.

    “My competitors spared no expense in telling whoever may care to listen that I was a fraud and my business was on the verge of being taken over by the banks and this led to an unprecedented dwindling of my student count as parents and guardians wasted no time in withdrawing their wards from my school.

     “I could not hire nor retain teaching and administrative staff anymore. Words had spread round to employees that I was indebted to the bank, had committed fraud which led to a bulk of my employees resigning and seeking alternative employments with my competitors. When I put out vacancies for positions in: my school, turnout was non-existent because word had also gotten round to intending employments of the situation with my school. This greatly affected revenue and operation of my school.

     “I informed my counsels of the development and  they wrote a letter dated 31st  August, 2021 to the defendant informing them of the development. The defendant did not respond.

    “The bank also did not communicate the findings on their investigation.”

  • EFCC asked to release tugboat

    EFCC asked to release tugboat

    The Economic and Financial Crimes Commission (EFCC) has been issued a 30-day ultimatum to release a tugboat, M. V. Omas Success, which it allegedly auctioned despite not being found culpable of any crime.

    Counsel to the owner, Prof. O. G. Izevbuwa, handed down the ultimatum in a protest letter to the EFCC, on behalf of his client, Ocean Marine Services Nigeria Limited.

    In the letter, which was appended by four others, the lawyer also demanded N50 million to salvage and repair the boat having been majorly submerged in water.

    Izevbuwa warned that if at the expiration of the ultimatum, the EFCC failed to comply to their demands, they would proceed to court “to assert right of ownership, wherein it shall also ask for damages from your Commission for depriving it of the use of its tugboat for the past six years”.

    According to the letter, the client was shocked to see his tugboat displayed for auction some days ago, even though the Commission had repeatedly been reassured of its release.

    “Our client is at a loss to understand why the Commission has decided to take this unilateral move. While we accede that the EFCC Act vests some powers of seizure on the Commission, we state that such powers are only exercisable where a vessel has been found culpable.

    “Our client’s tug boat was not involved in any wrong doing nor was it intended to be used in committing any crime.  A mere allegation without more as in this case, does not equate culpability,” the letter reads.

    It recalled that in 2018, the tugboat was assigned by its owner to Egrangbene Community in Burutu Local Government Area, Delta State, where dredging and canalisation work was being carried out and it was detailed to move dredging equipment and hoses to another location

    “Our client states that on their way back from Egrangbene Community, the tugboat had mechanical problems where it was tied at New Jerusalem Christian Settlement within Egrangbene Community.

    “It was while awaiting repairs that men of the Joint Task Force, Warri Base descended on the tug boat in a warlike manner. They then illegally and unlawfully towed it away.

    “Our client states that it was while awaiting the release of the tugboat that it became aware that the tugboat had been handed over to the EFCC.

    “Your Commission subsequently invited the Managing Director of our client and some other workers in the company in the course of its investigation, through a letter dated 27th September, 2018 with reference CR.3000/EFCC/BNZ/STF/278/VOL.6/100.

    “Our client states that after a detailed investigation by your Commission, it was discovered that the men of the Joint Task Force who arrested our client’s tug boat were only on a voyage of mischief. 

    “They only made spurious allegations which they failed to substantiate in any way. 

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    “Interestingly, they refused and failed to turn up to even give a statement to the investigating officers of the Economic and Financial Crime Commission.

    “Our client informed us that in the absence of any evidence of wrongdoing, the EFCC assured us that its tug boat will be released. In the face of such sincere oral assurances, our client had to abandon  the suit filed at the Federal High Court (FHC/WR/CS/62/2018). 

    “Unfortunately it has been an unending season of story-telling by your Commission on why the tug boat is yet to be released.”

    Chairman/Managing Director of Ocean Marine Services Limited, Owen Nanakumoh said the tugboat had been sold to one Mr. Elo E.

    He called on Nigeria’s Service Chiefs to intervene in the matter as some military personnel had allegedly threatened to deal with anyone who interfered.

    “As we are talking, they’ve sold it amongst other vessels through auction, despite the receipt of this protest.

    “He (buyer) called the military when our protest was brought to him before the Enerhen Police, but the military threatened to deal with whosoever questions or interferes.

    “The buyer claims the order is from the  Defence Headquarters, Abuja.The Service Chiefs should intervene against this oppression, victimisation and  threat” he appealed.

  • Wanted: leading roles for capital market solicitors

    Wanted: leading roles for capital market solicitors

    Experts have called for a leading role for solicitors in the drafting and execution of capital market contracts.

    They made the call at the 2024 Annual Business Summit of the Capital Market Solicitors Association (CMSA).

    Its theme was: “Revolutionising the Nigerian capital market through innovative financial instruments for sustainable development.”

    The summit focused on transforming Nigeria’s economic landscape through strategic financial innovations.

    It featured a fireside chat with Partner, Financial Advisory Practice, Deloitte West Africa, Akinola Akinboboye (interviewee) and Senior Associate, Capital Markets and Fintech Practice Groups at Templars, Victor Sameria.

    The first panel session was moderated by the Managing Director of Investment Banking at Chapel Hill Denham, Kemi Awodein.

    It featured Managing Director, One17 Capital, Attahiru Maccido; General Counsel, InfraCredit, Shadrach Iguh; Senior Manager, Capital Markets and Accounting Advisory Services, PwC Nigeria, Elizabeth Ekpo and Executive Director, Lotus Capital Limited, Moshood Babatunde.

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    The second session was moderated by the Founder/Executive Vice-Chair of Emerging Africa Group, Toyin Sanni.

    It featured ex-Partner, Global Sustainability at Ashurst LLP, Anna-Marie Slot; Special Adviser to the President on NEC and Climate Change, Office of the Vice President, Rukaiya El-Rufai and Managing Partner, Pentagon Partners, Kanayo Okoye.

    Director-General of the Securities and Exchange Commission (SEC), Dr Emomotimi Agama gave the keynote address.

    He said the times of the “armchair capital market are over” and urged lawyers to take their place.

    Dr Agama noted the key role lawyers play in the capital market, saying they constitute over 40 per cent of the operators.

    He urged them to negotiate for improved fees, saying: “It is the way you dress that you are addressed.

    “Are you ready to accept liability by signing off on a contract? It (fee) is a subject of negotiation.”

    He said the SEC would continue to rely on lawyers in developing its rules, as no regulator knows it all.

    “The regulator is open to receiving ideas,” he said.

    CMSA Board of Trustees Chairman, Chief Anthony Idigbe (SAN), told reporters why solicitors should assume more prominence in the capital market.

    According to him, those who bring the funds to the market (capital surplus entities) rely on prospectus, financial statements and audited accounts for information about businesses.

    He noted that when a piece of information is inaccurate, the person who brings the money suffers a loss.

    “So, at the bottom of the capital market is the allocation risk and compliance to ensure that information is correct.

    “It is the lawyer who plays the role of presenting the right information through the prospectus and other documentation.

    “But, over time, the thinking seemed to be that the most important person is the one who brings the person to buy the shares, that is, the person bringing the capital surplus entities to the market. So, they started ignoring the lawyers.

    “Many such entities, such as investment houses, started employing in-house lawyers who prepare the documents.

    “All the external counsel was expected to do was append his signature. And so, they diminished the role of the lawyers, unfortunately.

    “But when it comes to liability, the in-house counsel is not held liable, and the investment house will say it didn’t give legal advice. The risk is still on the external counsel.

    “What we’re trying to do is to take it back to the original concept, which is what happens globally.

    “The lawyer is in the middle of such transactions because they’re legal transactions.

    “Therefore, the solicitors should be compensated appropriately and not minimised as has been the practice.”

    On the theme of the summit, Idigbe noted the sustainability issues in the capital market.

    He said the people with capital surplus are increasingly concerned about where their investment is going and what it is used for.

    “They’re demanding that it should be used for projects that are sustainable or can be held forever, as it were, and that are not damaging but are positively impacting the environment.

    “Because those with a capital surplus are making such demands, the capital deficit people who need the funds have to make sure their projects are sustainable.

    “That way, the capital market will also be sustainable,” he said.

    CMSA Chairman, Vincent Iweze, said lawyers will continue to occupy a front row in the capital markets.

    “As lawyers, we’re just trying to ensure that we take our rightful place.

    “Most documentation in the capital market is legal, and we must be the ones driving this and ensuring we take our rightful place.

    “That’s what the CMSA does – protecting the rights of solicitors and facilitating engagements with the SEC,” he said.

    On emerging areas in the capital market, the chairman said: “We’re looking at improved green bonds and more transactions within that space. We’re also looking at impact financing.”

    He said one of the purposes of the conference was to examine innovative ways to bring development to the country.

    “We want to ensure that the economic downturns become upturns and that there is enough inflow from innovative tools for the good of the common man,” Iweze said.

    Ekpo stressed that the capital market thrives on contracts, noting that lawyers play a significant role in drafting them.

    She said: “If a contract goes wrong due to inclusion or non-inclusion of some clauses, then it creates a problem for the transaction and that can erode confidence in the capital market.

    “So, the role of lawyers is very central in capital market transactions.

    “I think lawyers need to be given more prominence beyond being behind the scenes drafting these agreements, to ensure all parties are protected.

    “They need to take the front row rather than allowing advisers to run these transactions.

    “It’s all about contracts and enforcing them, because if there is a deficiency, then our market will have a problem.”

    During the panel sessions, the need for more socially beneficial investments, as well as impact bonds, women bonds and green sukuk were highlighted.

  • Alleged N1.2b fraud: Why Supreme Court freed firm linked with Saraki

    Alleged N1.2b fraud: Why Supreme Court freed firm linked with Saraki

    The Supreme Court has set aside the May 31, 2019 judgment of the Court of Appeal affirming the final forfeiture of N1,222,384,857.84 allegedly obtained by a firm, Melrose General Services Limited, from the Nigeria Governors’ Forum (NGF) through false claims.

    In a split decision of three-to-two, delivered last Friday, the Supreme Court, among others, held that the Economic and Financial Crimes Commission (EFCC) failed to prove its claim that Melrose, linked with former Senate President, Bukola Saraki, unlawfully obtained the funds from the NGF.

    In the lead majority judgment, the Supreme  agreed with Melrose’s lawyer, Kehinde Ogunwumiju (SAN) that the EFCC did not discharge the burden placed on it by the law to establish with suffecient evidence that the funds were proceeds of criminal activities.

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    It held that the burden of proof could only shift to the appellant (Melrose) to prove that the source of the funds was legitimate after the EFCC has first established, on the balance of probabilities, that the funds are proceeds of criminal activities.

    Justices John Okoro, Adamu Jauro and Emmanuel Agim gave the majority decision in the appeal marked: SC/1519/2019, while Justices Obande Ogbuinya and Habeeb Abiru dissented.

    The EFCC had claimed that Melrose and some other firms obtained N3.5bn from the NGF by impersonating a consortium of consulting firms engaged by the NGF for the “verification, reconciliation and recovery of over-deductions on Paris and London Club Loans on the accounts of states and local governments between 1995 and 2002.”

    On April 27, 2018 the EFCC obtained an order from the Federal High Court in Lagos for the final forfeiture of the funds to the Federal Government.

    Melrose appealed to the Court of Appeal in Lagos, which in its judgment on May 31, 2019 affirmed the decision of the Federal High Court, following which the firm appealed to the Supreme Court.

  • Man denies defilement allegation as police file charges

    Man denies defilement allegation as police file charges

    A man accused by his wife of defiling their daughter, Emmanuel Emeruwa, has denied the allegation.

    He described the allegation that he defiled his five-year-old daughter as a well-coordinated malicious social media campaign against him.

    In a statement by his lawyer, Ife Ajayi, Emeruwa accused his estranged wife of cooking up the allegation against him to have sole custody of their children and his estate.

    Expressing optimism that he would be vindicated, Emeruwa said it was disheartening that some persons have been paid to run the campaign to defame him and whip up negative sentiments against him while the matter is in court.

    The statement reads: “Our attention has been drawn to various malicious stories against our client circulating on social media, particularly on Instagram, which we believe emanated from a post by the username @justadetoun, alleging that our client defiled and violated his own daughter, who is five years of age, whose name we shall withhold.

    “For the record, our client denies each and every allegation levied against him by his wife – Mrs. Eileen Nneka Emeruwa.

    “He verily knows that she is only using these unfounded and baseless allegations, coupled with her negative social media campaign, against him to settle their matrimonial and personal dispute to have him incarcerated for a very long time and have sole custody of their children and his personal estate.

    “As counsel, we took our time in evaluating the said allegations, the facts as provided by our client’s wife, and juxtaposed same with the evidence (both material and clinical). It is quite clear that the evidence does not match the offences alleged.

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    “However, constant interference with the police investigation by various third party organisations, whose understanding of the law is ‘guilty by allegation’ and a well-coordinated and strong negative media campaign against our client and the police (alleging that they may have been compromised), necessitated the police bringing charges against our client.

    “We, therefore, look up to the court to treat the case under reference on its merit as only the court has the powers to undertake a final decision on same guided by the evidence before it.

    “We hereby caution the general public to desist from peddling further rumours and/or  bearing false accusations against our client and allow for the court to adjudicate on this case and make its findings in the interest of justice.”