The Nation Newspaper

Category: Law

  • Wave of support for deciding election petitions before swearing-in

    Wave of support for deciding election petitions before swearing-in

    • SANs: don’t terminate governorship, other petitions at Court of Appeal

    For two days last week, judges and other justice sector stakeholders reviewed the extant election litigation mechanism and came up with some recommendation on how to rework it. But, lawyers are divided on the propriety of the suggested modifications, writes Assistant Editor ERIC IKHILAE

    No elected official should take the oath of office until tribunals decide all petitions.

    This is the position of the Justices of the Court of Appeal and other judicial officers who participated in determining the petitions filed post-general election last year.

    However, some senior lawyers hold a different view on some of the recommendations reached after the parley.

    The jurists and stakeholders gathered in Abuja between May 20 and 21 to review the performance of the Judiciary in the last post-election litigation season.

    The event was the 2023 election petition tribunals/court and appeals review workshop for Justices of the Court of Appeal, Chairmen and Registry members of the staff of election petition tribunals.

    It was put together by the Court of Appeal, with support from some development partners.

    By the time the curtain came down on the programme, which featured four sessions, all the components of the extant election litigation mechanism were exhaustively analysed and recommendations were made on how to modify it for effectiveness.

    Reason for the gathering

    President of the Court of Appeal (PCA) Justice Monica Dongban-Mensem explained that the workshop was to review the performance of the Judiciary in the 2023 election litigation season, identify areas of shortcomings and work on ways to improve the process.

    The PCA, who noted that the 2023 election litigation season was “very, very difficult and challenging” in view of the volume of cases filed, commended the judicial officers involved for a job well done.

    She said 99 panels,  comprising three judges each, were set up, which showed that many judges were taken out of our judicial system during the process.

    Chief Justice of Nigeria (CJN), Olukayode Ariwoola, noted that the 2023 election opened a new vista in adjudication in political matters in the country.

    He added: “No doubt, the adjudication on the 2023 election petitions came with varied challenges that have to be critically assessed and reviewed in order to forge a much better way forward.

    “In those areas that we have done well, we can literally eulogise ourselves and strive to improve on them, as self-praise is no viler an offence than self-denial.

    “As for those areas that our inadequacies are manifestly obvious, we have to properly address them and bring on board new methods and approaches that would whet our appetite for success.

    “We must intensify efforts in engaging in those activities that will earn us more accolades than vilifications.”

    Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), hailed the Judiciary for the role it has continued to play in the nation’s electoral process.

    Civil society’s perspective

    Rights activist, Clement Nwankwo, of the Policy and Legal Advocacy Centre (PLAC), reminded the gathering about the important role which democracy places on the third arm of government and why it must always play such effectively.

    Nwankwo noted that the involvement of the Judiciary in the elections has  continued to be very  important, adding: “What that means is that there are a lot of expectations from the Judiciary.”

    He observed that citizens’ perception of the Judiciary has become much more prominent and advised that it was an issue that the Judiciary must address by ensuring that its judgments and other decisions reflect justice.

    Nwankwo said: “For a lot of Nigerians, the ability of the courts to dispense justice is always the basis of trust and confidence in Nigeria’s Judiciary.”

    A key player’s perspective

    Alhassan Umar (SAN) of the Independent National Electoral Commission (INEC) noted that the path to strengthening the integrity of the electoral process and rebuilding public trust requires the concerted efforts of all stakeholders.

    Achieving these, he added, requires robust legal frameworks, effective enforcement mechanisms, and a commitment to inclusive electoral practices by all.

    He tasked the civil society, media, political parties and others with the responsibility of embarking on massive sensitisation of the public on the rudiments of electoral laws.

    Umar was of the view that knowledge of the law should not be left exclusively to lawyers.

    He added that it was only through sustained engagement and collective action that the country could overcome its electoral challenges and fulfill the promise of democracy for its citizens.

    “Moving forward, addressing the root causes of electoral malpractice and restoring public trust will require sustained efforts from all stakeholders.

    “Strengthening electoral institutions (both at the national and state levels) through improved funding and capacity building, enhancing legal frameworks, and promoting civic education are essential steps towards shaping public perception of Nigeria’s electoral process.

    “By working collaboratively, Nigeria can achieve a more inclusive and participatory electoral process, building upon the innovations and achievements of INEC, in the overall interest of democracy in Nigeria,” Umar said.

    The recommendations

    Recommendations included that election disputes should be concluded before any winner of an election takes the oath of office:

    •The Constitution should be amended to provide that all pre and post-election matters shall be heard and determined before the winners of the election take the oath of office.

    • Section 187 of the 1999 Constitution should be amended to include a new sub-section stating clearly that the disqualification or non-qualification of a Deputy Governor shall not affect the Governor-elect or governorship candidate of a political party.

    • Section 246 (3) of the extant constitution is proposed to be altered to reflect the finality of the decisions of the Court of Appeal in all election appeals, governorship appeals inclusive.

    • All pre-election appeals should terminate at the Court of Appeal.

    • Paragraph 25 (2) of the First Schedule to the Electoral Act that deals with Quorum be incorporated into Section 285 of the Constitution of the FRN 1999 (as amended) to read as follows: If the Chairman of the tribunal or the presiding justice of the court who begins the hearing of an election petition is disabled by illness or otherwise, the hearing may be recommended and concluded by another Chairman of the tribunal or presiding justice of the court appointed by the appropriate authority.

    • Section 285(7) & (12) of the Constitution should be amended to state as follows:

    Sub-section 7 should read: “An appeal from a decision of an election tribunal or Court of Appeal in all election matters shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court,” and “not when judgment is delivered.”

    Sub-section 12 should read: “An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court,” and “not when notice of appeal is filed.”

    Read Also: FG to establish 24 skills, innovation hubs, entrepreneurship centres – Tinubu

    Participants resolved that the state of the law on the transmission of results must be revisited and reviewed to avoid the kind of controversy surrounding the transmission of results in the 2023 elections.

    They suggested that the law should be amended to create an exception where a subpoenaed witness can still give evidence so long as the fact supporting his evidence or testimony is captured in the petition at the time of filing.

    Participants called for the deletion of Section 137 of the Electoral Act, 2022 which deals with burden and standard of proof because it has not dislodged or displaced the burden and standard of proof enacted in sections 131-136 of the Evidence Act.

    The participants asked that Alternative Dispute Resolution (ADR) be introduced into the Electoral Laws with the passage of the Arbitration and Mediation Act 2023.

    They added: “The number of Justices of the Supreme Court and Court of Appeal should be increased to make justice accessible to the Nigerian people.

    “The negative publicity in which the Judiciary is portrayed in bad light by the social media and other forces associated with it should be countered by a robust communications/media department to be established by the respective courts.”

    Lawyers’ perspectives

    Lawyers are, howeve,r divided on the propriety, plausibility and the applicability of the recommendations.

    Joseph Nwobike (SAN) and  Mike Ozekhome (SAN) have no problem with most of the recommendations, particularly, those which suggest the conclusion of election dispute before a winner subscribes to the oath of office.

    Akinlolu Kehinde (SAN), John Baiyeshea (SAN) and Oluwole Adaja commended the process review initiative but identified challenges in the application of most of the recommendations.

    Nwobike said he completely agreed with the proposals, particularly the suggestion that all litigations should end conclusively before the winners are sworn into the elected offices.

    He added: “This suggestion, coming from the judges themselves, is a welcome development and will advance the core values of democracy in Nigeria.

    “I also believe that, if the proposed amendments are made to the existing provisions of the Constitution, all the parties concerned, including INEC, will align themselves to the law and Nigeria will be the better for it.

    “In my view, it will mean that elections will have to be conducted earlier than what is obtainable at the moment,”  Nwobike said.

    Ozekhome said he agree with many of the recommendations because “they aim to enhance the efficiency, fairness, and transparency of the present warped electoral process.

    “However, I hold a differing opinion on some of the recommendations. For example, the recommendation that the Court of Appeal should be the final arbiter in governorship election disputes can not fly,” Ozekhome said.

    He described as salutary and commendable the recommendation that election disputes should be concluded before swearing-in.

    “Ensuring that all post-election disputes are resolved before the winners take office would promote stability and ensure legitimacy in governance.

    “It would also prevent situations where elected officials face legal challenges while in office, which are  invariably disruptive and serve as a  major distraction to elected persons who bellyache as to whether or not they would eventually sail through.”

    Ozekhome faulted the recommendation that all pre and post-election disputes should terminate at the Court of Appeal.

    He said: “While expediting the resolution process is important, governorship and Senatorial election matters should undergo an additional layer of scrutiny by the Supreme Court, the final court of the land.

    “Given the significant impact of governorship and Senatorial elections on state and Senatorial zones governance, it is crucial for the highest court to provide a final, definitive ruling to ensure comprehensive justice and avoid debacles.

    “This opinion is particularly relevant in the light of the recent 2023 elections, specifically the Plateau State election petitions, where the Court of Appeal invalidated the victories of more than 23 lawmakers from Plateau State, elected under the People’s Democratic Party (PDP).

    “The nullifications were based on alleged irregularities in the nomination and sponsorship processes of the candidates by their political party, which was said to ‘have no structures ( whatever that meant).’

    “These decisions were perceived as bizarre and legally untenable by both legal and political observers for several reasons.

    “Firstly, the Court of Appeal’s judgments appeared to arbitrarily overturn settled judicial precedents regarding who has the standing to challenge alleged irregularities in a candidate’s emergence at an election tribunal.

    “Additionally, there was significant debate over whether such complaints could be cognized by an Election Petition Tribunal, given its narrow jurisdiction under Section 285 (1) and (2) of the 1999 Constitution, as amended,especially as they are pre-election matters.

    “More importantly, these decisions were seen as unjust because the Court of Appeal served as the final court in these matters, leaving the candidates without the opportunity to further appeal to the Supreme Court for justice.

    “This situation underscores the need for both governorship and senatorial election disputes to reach the Supreme Court to ensure fairness and uphold democratic principles,” he said.

    As a way of discouraging parties from filing frivolous appeals while maintaining the right to a Supreme Court review, Ozekhome suggested the imposition of a heavy non-refundable pre-filing deposit fee of N10 million should be imposed.

    On the recommendation that the state of the law be reviewed on the issue of transmission of results, Ozekhome said revisiting and reviewing the laws on result transmission is crucial to prevent controversies like those in the 2023 elections that put Nigerians on tentacles.

    He added: “Ensuring clear, transparent and reliable procedures for transmitting results will enhance the credibility of the electoral process.

    “The difference between ‘transmit’ and ‘transfer’ should be clearly defined and demarcated.”

    Ozekhome also hailed the suggestion that subpoenaed witnesses be allowed to give evidence.

    “This amendment would ensure that relevant testimonies are not excluded simply because they are not front-loaded with the petition itself, thereby supporting a thorough and fair examination of the facts in election disputes.

    “How does a litigant front-load documents denied him by INEC even after a court or tribunal grants permission for inspection and use of such electoral materials?”

    Ozekhome noted that the suggestion for the increase of Justices of the Supreme Court was a necessary step to make justice more accessible and manage the workload more effectively.

    He added: “This measure would ensure timely resolutions of cases by allowing more hands to address the large backlog.

    “By adding more judges, the Judiciary can handle the volume of cases more efficiently, reducing delays and improving overall judicial performance.

    “This improvement is crucial for maintaining public confidence in the legal system and ensuring that justice is delivered promptly

    “In conclusion, while I support most of the recommendations, I firmly believe that governorship and senatorial election disputes should ultimately be reviewed by the Supreme Court to ensure thorough and final adjudication.

    “This would uphold the integrity of the electoral process and enhance public confidence in the judicial system,” Ozekhome said.

    ‘Court of Appeal shouldn’t be final arbiter’

    Kehinde noted that the panels of the Court of Appeal did well in the handling of the majority of the appeals.

    “However having regards to the infamous role played in a  few of the matters where the well-established principles of law as laid down by the Supreme Court were intentionally ignored (at least the Plateau and Kano states as classical examples) and for which no sanction has been visited on the erring Judicial officers till date, it will be disastrous if the Court of Appeal is the final court especially in presidential and governorship matters.

    “The legislators whose mandate was seized by the infamous panels will most likely live the rest of their lives with bitterness. May God Almighty heal our land.

    “On the issue of conclusion of electoral disputes before swearing in,  I agree, but the practicality of it has to be worked out with a holistic amendment of the Constitution in respect to the timelines for the conclusion of the matters,” Kehinde said.

    Baiyeshea said the suggestion for election disputes to be concluded by the courts before swearing-in was good.

    He, however, was of the view that “in reality, and considering the peculiar situations in Nigeria in which disputes are acrimonious and very bitter, I doubt if that can work now or even in the nearest future.

    “Sadly, ours is a ‘cash and carry’ society. Justice is usually sacrificed on the altar of bribery and corruption.

    “It seems to have worked or it’s working in Kenya, but to be honest, some or most African Countries have a more mature legal and political system than ours,” he said.

    Baiyeshea noted that the “major problem militating against the suggestion we are talking about in Nigeria is corruption.

    “The whole system stinks to high heavens with corruption and desperate politicians pay heavily to influence the Judiciary.

    “The last election and the election disputes in the courts showed vividly that not much progress has been made or is being made to stop the corrupt system or even mitigate it.

    “So, if the suggestion to conclude election cases before swearing is to be implemented, it will bring severe pressure on the legal system and make politicians more desperate to ‘buy’ the Judiciary.

    “Even the suggestion to end cases at the Court of Appeal will also increase corruption in the system.

    “If we take the isolated example of what happened in Kano in the last election, it would have been most unjust and catastrophic in all ramifications if the obnoxious judgment of the Court of Appeal nullifying the election of the Governor was not set aside by the Supreme Court.

    “Once our people know that appeals will end at the Court of Appeal, the system will be more severely bastardised.

    “Remember that appeals in governorship election disputes used to end at the Court of Appeal, but that had to change because of the outcry of those who felt shortchanged by compromised judges and Justices.

    “The bottomline or conclusion of the matter is that every system is subject to abuse.

    “The only time we can have a satisfactory system is when corruption is eliminated or reduced to the barest minimum.

    “As far as we can see, for now, Nigeria is on ground zero in integrity, Godliness, morality and probity index. That is regrettably the honest, bitter and brutal truth,” Baiyeshea said.

    According to Adaja, the recommendation of the jurists that election petition disputes should terminate before inauguration is a step in the right direction.

    He, however, noted that, to achieve same, the Constitution needs to be altered to accommodate the necessary changes.

    “Specifically, Sections 285(6) and (7) of the Constitution should be amended to abridge the number of days permitted for the hearing and determination of election petitions.

    “Statutorily, a petition challenging the declaration of results of an election is expected to be filed by the petitioners within 21 days after the date of the declaration of the results of the election.

    “A simple calculation of the days means the determination of the petition shall be within 261 days from the date of the declaration of the results of the election. In the case of the governorship election petitions which terminate at the Supreme Court, the number of days is 321 days (almost a year).

    “The lawmakers therefore need to amend the Constitution to abridge the number of days within which election petition disputes are heard and determined before the inauguration of the winner.

    “I am strongly of the view that determination of election petition disputes before inauguration has some advantages which include but not limited to:

    • It will allow the elected candidate to settle down and focus on governance without distractions from the pending cases;

    •  It will save the time of the judges, lawyers and litigants;

    •  It will reduce the workload for the judges adjudicating in election petition cases;

    • It will reduce corruption drastically;

    • It will encourage sportsmanship amongst the contending candidates; et cetera.

    “In conclusion, I also opine that the jurists should suggest ways that the reduction in the number of days for the hearing and determination of election petition disputes would not affect the credibility and integrity of the exercise.

    “The jurists can suggest workable timelines to hear and determine election petitions.

    “One cannot but worry about the heavy workload that would arise for the judges/Justices who would have to deliver numerous judgments within the timeframe as proposed while not forgetting the fact that the Judges are human beings and not machines,” Adaja said.

  • NBA to students: rise against SGBV

    NBA to students: rise against SGBV

    The Vice Chairman, Nigerian Bar Association(NBA), Ikeja Branch. Mrs Tracy Amadigwe-Dike, has urged students to speak out whenever they are physically, emotionally and sexually abused.

    Mrs Amadigwe-Dike gave the advice  while addressing students of Ikeja Senior High School  and Ikeja Junior High School as part of activities marking NBA Ikeja Human Rights Committee (School Outreach).

     The theme of the event was “Zero Tolerance For Child Abuse: Speak Out”.

    “You all are so important to us, to your family, to the society, and to the nation. That is why we planned this programme.

    “We want to enlighten you all on your rights that will guide you in your homes, schools and also duties expected of you all.”

    Mrs Amadigwe-Dike encouraged the students to learn how to ‘speak up’ when their rights are being abused.

    She said: “Sometime ago the former president Buhari in 2015, launched the year of action to end violence against children in Nigeria.

    “He encouraged the state to do the same and Lagos State did the same thing in 2016”.

    She explained that the government did this  because ‘‘you all are important.

    “We have laws that guide you as a child and that is why we are here to enlighten you on where to go too whenever you feel that your right is being abuse.

    Mrs Amadigwe-Dike said that NBA Ikeja has set aside every Thursday at the secretariat to listen to cases of abuse and other forms gender-based violence.

    Read Also: Ondo 2024: Canvass for votes honourably, Aiyedatiwa tells opponents

    “Sometime you have been abused sexually but don’t know how to speak out. That is why we are here. We have set aside every Thursday at our secretariat to listen to people that have cases of abuse or their rights are being infringed upon so that they can ome to us every Thursday of the  year at 10.00 am with their complaints”.

    Linda Igiewe who is the secretary of the Human Rights Committee also enlightened the students on their rights and how not to be discriminated against.

    She said the 1999 Constitution, as amended, The Child Right Act 2023, The Child Right Law 2015, Section 9, among other  laws in the state, indicated the rights of every child against discrimination.

    “Discrimination is the unfair treatment against somebody by reason of the person’s sex, religion, physical appearance.

    ”Speak out if you’re being discriminated against in any way”, she encouraged them.

    Mrs Igiewe  said that they offer two services for every child adding, “we can report to the authorities and also go to court on your behalf”.

  • Anti-money laundering solution wins pitch contest

    Anti-money laundering solution wins pitch contest

    Nigeria’s Regfyl, which specialises in anti-money laundering (AML), fraud prevention solutions, and regulatory compliance, has emerged  winner at the Africa Fintech Summit Pitch which held recently in Washington D.C.

    Regfyl emerged winner with its cutting-edge technology that utilises Artificial Intelligence (AI) to provide unparalleled anti-money laundering (AML) and fraud prevention solutions, designed  for the diverse and evolving needs of financial institutions in Africa.

    The competition is a flagship event of the bi-annual summit, that brings together leading Fintech innovators, investors and policymakers from across the globe.

    The Chief Executive Officer (CEO) of Regfyl, Dr. Babatunde Ibidapo-Obe, while receiving the award, said: “Winning this competition highlights the transformative potential of our solution in tackling compliance challenges such as fraud and AML.

    Dr  Ibidapo-Obe said  that at Regfyk, they provide solutions in compliance with global-standard and  at affordable local prices, thereby mitigating forex fluctuation risks.

    Read Also: FG to establish 24 skills, innovation hubs, entrepreneurship centres – Tinubu

    CTO of Regfyl, Dr. Tomiwa Erinosho, said: “Regfyl’s AI-powered toolkit excels in accuracy, particularly its self-populating politically exposed person (PEP) identification module.

    He said the company has also invested heavily in research to support rapidly scaling institutions, enhancing efficiency for fraud detection and compliance teams across Nigeria and beyond.

    Regfyl win at Washington DC followed its recent  much lauded performance as a runner-up at the prestigious Oxford Cambridge University’s – Oxbridge AI Challenge in London, UK, in December 2023.

    Erinosho said Regfyl is set and poised for rapid growth especially considering the recent drive by the Central Bank of Nigeria to combat financial crimes and improve regulatory compliance in Nigeria.

  • Nurse demands wife’s missing body parts as autopsy holds

    Nurse demands wife’s missing body parts as autopsy holds

    A registered nurse, Prince Ovwiomodiowho, has written the Inspector-General of Police, Kayode Egbetoku, over the missing uterus of his wife and his baby’s placenta.

    His wife Loveth and son Oghenetega died at R-Jolad Hospital, Agege, Lagos during childbirth.

    Ovwiomodiowho accused the hospital of gross negligence that resulted in their deaths.

    But, R-Jolad denied any wrongdoing and lack of care, saying it followed standard medical protocols.

    An inquest has commenced before a coroner to unravel the circumstances surrounding the death of mother and child.

    The initial proceedings were held before Magistrate A.A. Adetunji in Court 7 of the Magistrates Court, Ebute Meta, Lagos.

    While the petitioner was present and was represented, R-Jolad was not represented.

    The inquest was adjourned till June 20, 2024.

    An autopsy on Loveth’s remains has also been held at Lagos State University Teaching Hospital (LASUTH), with results now awaited.

    Ovwiomodiowho said his expectant wife was healthy on arrival at the hospital on March 8.

    He insists that both mother and baby died due to alleged malpractices and negligence, which the hospital denies.

    Read Also: Ondo 2024: Canvass for votes honourably, Aiyedatiwa tells opponents

    “Up till now, the hospital has refused to release the uterus and placenta for the family to take home.Several efforts have been made asking for the removed body parts,” the petitioner claimed.

    He said he also mailed the hospital demanding the body parts but was asked to “exercise patience while we revert to you soon”.

    The nurse also petitioned the Medical and Dental Council alleging “gross negligence, professional misconduct, and missing body parts” against the hospital.

    In the petition to the IG, Ovwiomodiowho’s counsel M. I. Mustapha, wrote: “We request you to use your good office to ensure discreet investigation into these doctors, medical practitioners or personnel and recover the now missing body parts/organs of the wife of our client and son so as to make them face the full wrath of the law in this case.”

    R-Jolad, in response to Ovwiomodiowho’s earlier pre-action notice, stated: “Our medical team followed the standard protocols during the delivery process and the records confirm that all necessary steps expected were taken to ensure the safety of both the mother and the baby during the delivery at the Hospital.”

    The hospital also denied not releasing the placenta and ruptured uterus, saying it handed both over to Ovwiomodiowho.

  • NGOs sue governor for N50b over demolition of market

    NGOs sue governor for N50b over demolition of market

    Two non-governmental organisations – the Registered Trustees of Law Hub Development and Advocacy Centre and the Registered Trustees of Ositadimma Okoro Empowerment Foundation – have sued Governor Peter Mbah over the demolition of the Ogige Nsukka Market by the Enugu State Government.

    They are praying the High Court sitting in Nsukka to compel the state government to pay N50 billion damages.

    In the suit N/73/2024, which has the governor and the state Attorney-General as respondents, the plaintiffs said demolishing shops belonging to over 10,000 traders amounted to a gross violation of their fundamental rights.

    The NGOs are praying for a declaration that the act of the respondents in giving traders 72 hours’ notice to vacate their properties and shops on May 22, and the purported plan to use force to remove them constitutes a violation of their fundamental rights to own movable and immovable properties as guaranteed by the 1999 Constitution.

    In a move said to be designed for urban renewal, the state government demolished a wide range of properties across the state.

    The plaintiffs said the demolitions affected Our Saviour Institute of Science and Technology (OSISATECH); a motherless babies home belonging to the Nigerian Red Cross Society, in Enugu; sections of the Ogige Market, Nsukka, and a motor park in Gariki, Awkunanaw, Enugu.

    The plaintiffs are seeking, an order of perpetual injunction “restraining the respondents, whether by themselves, their agents, privies or otherwise howsoever from further harassing, intimidating, trailing, scaring away the traders of Ogige Market Nsukka from their shops and properties, arresting or detaining them upon the same facts constituting the complaints enumerated in this application or in any other manner infringing on the applicants’ fundamental rights”.

    Read Also: FG to establish 24 skills, innovation hubs, entrepreneurship centres – Tinubu

    They are also praying for N50 billion “exemplary, punitive, aggravated, special and general damages against the respondents, for their infringement on the rights of traders of Ogige Market Nsukka”.

    The applicants’ counsel, Olu Omotayo, leading J.E. Akubue and Desmond Kakaan, averred that the over 10,000 traders in the Ogige market invested over N10 billion in the development of the market.

    He said agents of the respondents on May 22 came to the market and gave the traders 72 hours to vacate.

    “In a manner reminiscent of the military era, the agents of the Enugu State government wrote on walls in the market the notice that they should vacate within 72 hours.

    “The traders have been trading peacefully in the market for over 50 years before the respondents just woke up and gave them 72 hours, notice to vacate,” the counsel stated.

    The state government’s action has elicited condemnation, including from the House of Representatives, over the demolition of properties belonging to the Nigerian Railway Corporation workers in Enugu.

    The displaced railway workers have threatened court action following the demolition of properties on their 30,000 square metres of land located inside the Railway Corporation in the Holy Ghost area of the state capital.

    President-General of the Nigerian Union of Railway Workers, Comrade Innocent Ajiji, faulted the demolitions.

    He said contrary to the claim by the government, there was no negotiation with Railway Property Management or the workers’ unions.

  • Capital market solicitors to explore innovative financial instruments

    Capital market solicitors to explore innovative financial instruments

    Nigeria’s economic landscape faces significant pressures, including fluctuating oil prices, foreign exchange instability, and the need for increased foreign investment.

    These issues underscore the urgency for innovative financial solutions that can support sustainable development goals and stabilise the economy, the Capital Market Solicitors Association (CMSA) has said.

    Its Chairman, Odiaka Vincent Iweze, said its upcoming Annual Business Summit (ABS) will assemble thought leaders, policymakers, and practitioners from across the capital markets sector to explore these challenges and opportunities.

    It is scheduled for 10 am on June 6, 2024, at the Oriental Hotel, Victoria Island, Lagos.

    Iweze said this year’s theme: “Revolutionising the Nigerian Capital Market Through Innovative Financial Instruments for Sustainable Development,” focuses on transforming Nigeria’s economic landscape through strategic financial innovations.

    “This theme aims to create discourse on innovative financial instruments, encouraging market participants to think creatively and adopt new technologies and financial products that can deepen the capital market, attract investment, and enhance overall efficiency.

    “The theme also reflects a forward-thinking approach, demonstrating that the CMSA is not only focused on immediate market issues but also long-term sustainability and growth,” he said.

    Read Also: Ondo 2024: Canvass for votes honourably, Aiyedatiwa tells opponents

    According to him, the 2024 ABS is poised to be a pivotal event as Nigeria navigates through the challenges of global financial volatility and local economic dynamics.

    Iweze added: “It aims to spark significant discussions on the utilisation of innovative financial instruments to adopt sustainable growth and resilience in the capital markets.

    “The CMSA invites all stakeholders to mark their calendars and prepare for an enriching experience that promises to advance the dialogue on financial innovation and sustainable development in Nigeria.

    “We look forward to welcoming you to an event that aims not only to discuss but to shape the future of the Nigerian capital market.

    “To begin the registration process, please click on the link https://submit.jotform.com/241402190200537.”

    Vice Chairman of CMSA, Simisola Eyisanmi, said the agenda includes an interview-style fireside chat on the “Effect of Recent Reforms on Capital Raise for Sustainable Development in the Capital Market” featuring an industry expert.

    It will be followed by a keynote address to be delivered by a renowned expert in the capital markets space and will dwell on the general theme.

    There will be two panel sessions focusing on critical topics, the first of which is “Impact Investing in Capital Markets: Returns and Sustainability” where panellists will explore how investors and professionals can navigate impact investing while balancing the dual objectives of profitability and sustainability.

    The other topic: “Navigating the Green Path: Sustainable Finance and the Capital Market” will have experts discuss the rise of sustainable finance, green financing instruments (green bonds, sustainability-linked loans), drivers, opportunities for Nigeria, and possible regulatory initiatives.

    They will also explore the integration of environmental, social, and governance criteria in financial decision-making.

    The Annual Business Summit Planning Committee is led by Mr. Oladele Oladunjoye, whose team brings their wealth of knowledge and experience to ensure the success of the event.   

  • ‘Probe fraud claim against detained accountant’

    ‘Probe fraud claim against detained accountant’

    The family of detained chartered accountant, Omafume Augustina Ayinuola, has urged the Inspector General of Police (IGP) Kayode Egbetokun to probe the allegation of fraud against their daughter by a prominent stockbroker and businessman, Peter Ololo.

    In a petition signed by Erhievuyere-Dominic Oghenetega Peter, a brother to the detained accountant, the family lamented that members have been subjected to harassment and intimidation and now fear for the safety of their sister.

    The petitioners stated that they have been subjected to emotional and financial distress and hardship, with Ayinuola’s children having no access to their mother, her assets frozen and her reputation tarnished.

    The family urged the IG to conduct a thorough and impartial investigation into allegations to ensure that justice prevail and those found to have abused the power of their office were held accountable for their actions.

    According to Peter, over a year ago, his mother Lydia Abosede Erhievuyere and sister, Omafume Tina Ayinuola, were accused of stealing over N1.5 billion by Ololo.

    He stated that Omafume worked in various companies before she joined RSL International, a part of the Pine Petosan Group of Companies in 2015.

    The family added that as a hard-working young lady dedicated to her duties, Omafume received an award for most dedicated staff in the Pine Petosan Group for two consecutive years.

    Omafume rose to become Chief Financial Officer, which meant that she was required to file reports, accounts, and activities to the head office.

    Her duties meant working closely with Chief Executive Officer Ololo till 2020, throughout which there were no allegations of fraud or account manipulation against her.

    Omafume was then promoted to the position of Managing Director of RSL International in 2020.

    “In December 2022, Omafume decided she needed a rest as a result of work overload, and alleged emotional abuse. She proceeded on a week’s vacation with her children.

    “Getting back to the office, Mr Ololo accused her of cheating and travelling to London with another man. He mandated her to resign. She resigned but implored him to investigate.

    Read Also: FG to establish 24 skills, innovation hubs, entrepreneurship centres – Tinubu

    “As a procedure, Mr Ololo invited auditors to audit her accounts but found nothing and there was also still no issue of alleged misappropriation of funds at this time.

    “He later approached her to withdraw the resignation after his investigations into her vacation but she refused,” the petitioner stated.

    Omafume was subsequently arrested by Interpol in March 2023 while taking her children to school and detained for a week, without any prior invitation or notice. Her mother was also invited for interrogation.

    Her car, her father’s and other items such as documents and laptops were forcefully seized.

    All Omafume’s bank accounts with those of her children and mother were frozen (an action that was later extended to her brothers’ accounts also).

    “After she was granted administrative bail, Interpol insisted that she report daily and it was during these frequent drives that she noticed being followed.

  • Appeal Court nullifies ‘misconceived decision’ over property ownership

    Appeal Court nullifies ‘misconceived decision’ over property ownership

    The Court of Appeal in Abuja has faulted a property developer and lawyer, Mr Cecil Osakwe, over his revocation of the sale of a property.

    Justice Hamma Barka held that the lower court was wrong to have sanctioned the revocation over an allegation of money laundering.

    “The lower court, in my view, failed to fully appreciate the case of the respondent (Abeh Signature Limited) and accordingly rendered a misconceived decision which cannot be supported,” he held.

    The Appellate Court, therefore, overturned the judgment of an FCT High Court over two luxury flats at Abeh Signature Apartments, located in the highbrow Maitama District, Abuja.

    The appellate court returned the apartments to Ms Asabe Waziri, rescinding the decision of Justice Othman Musa, which reverted the apartments to Abeh Signature, a property development company, and its Chief Executive Officer, Osakwe.

    The Appellate Court also blamed the trial judge for veering off track of the facts, which led to a miscarriage of justice.

    The property developer revoked a contract of sale of the two luxury apartments due to the mode of payment, saying it contravened the Money Laundering Act.

    The company claimed that the buyer made a cash payment of $40,000.00, and bank transfers worth $100,000.00, and through Bureau De Change.

    It also claimed that the defendant presented herself as a businesswoman whereas she works with the Nigerian National Petroleum Company (NNPC).

    Therefore, Osakwe terminated the transaction and offered to refund the entire sum paid for the two apartments to Waziri after reporting to the EFCC.

    The trial judge agreed with Osakwe that the manner of payment by the defendant in the purchase of the two flats at Abeh Court “rendered the contract for the purchase of the properties void for violating money laundering laws”.

    Dissatisfied, Waziri appealed through her counsel Henry Eni-Otu.

    In a unanimous verdict, a panel led by Justice Hamma Akawu Barka, comprising Justices Abba Bello Mohammed and Okon Abang, set aside the lower court’s judgment in its entirety and awarded N500,000 cost to Waziri.

    Read Also: Ondo 2024: Canvass for votes honourably, Aiyedatiwa tells opponents

    Justice Barka held: “Surprisingly, on all the exhibits attached to the affidavit in support of the originating summons, none mentioned the fact of payment of $40,000 in cash in satisfaction of the sale agreement.

    “In the same vein, as argued, the allegation of the identity of the appellant which the respondent relied upon as a ground to vitiate the concluded transaction was not substantiated.

    “The appellant having joined issues on those facts, it behoves the respondents to lay facts of proof in support of those allegations…

    “It is clear that the respondent, having benefited more from the transaction, seeks to vitiate the contract possibly to further benefit from it.

    “I agree with the appellant’s counsel that the appeal is destined for success and should be allowed.

    “Hence, having resolved all issues in favour of the appellant, this appeal succeeds and is hereby allowed.

    “The judgment of the High Court of the Federal Capital Territory, Abuja in suit No: CV/2435/2021, delivered on February 17, 2022, is hereby set aside, and all actions taken consequent to the said judgment also stand vacated.

    “The appellant is entitled to costs assessed at N500,000. Appeal allowed.”

    Justices Mohammed and Abang concurred with the lead judgment.

  • Ex-army chief seeks CTC of special court martial

    Ex-army chief seeks CTC of special court martial

    Former Major General Umaru Mallam Mohammed has asked an Abuja Federal High Court  to compel the Nigerian Army and the Chief of Army Staff to provide  him the Certified True Copy (CTC) of the judgment of the Special Court Martial.

    Mohammed in his originating motion in the suit marked no FHC/ ART/ ES/ 670/ 2024, dated May 6, 2024 filed by his counsel,  Olalekan Ojo (SAN) is asking the court to direct the respondents to release the purported judgment of his court martial.

    Ojo alleged gross violation of the applicant’s fundamental right to obtain the CTC of the judgment of the Special Court Martial.

    The originating motion was brought pursuant to Section 46(3)  of the Constitution of the Federal Nigeria 1999 as amended; Section 176 of the Armed  Forces Act Cap A20 LFN, 2004, Order 1 Rule 2; Order 2 Rule 1 of the  Fundamental Rights enforcement procedure Rules 2009.

    The applicant is praying the court for enforcement of his fundamental rights under section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.

    Read Also: FG to establish 24 skills, innovation hubs, entrepreneurship centres – Tinubu

    Ojo  is praying for, “a declaration that the respondents’ failure or refusal to give the applicant the Certified True Copy of the Judgment of the Special Court Martial that tried the applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October, 2023 as confirmed by the Army Council on the 28th day of March, 2024 constitutes gross violation of the applicant’s fundamental right to obtain the CTC of the judgment of the Special Court Martial guaranteed by the section 36(7) of the Constitution of the Federal Republic of Nigeria 1999 as amended.”

     He also urged the court direct the respondents, “to give to the applicant the CTC  of the judgment of the Special Court Martial In Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M.Mohammed delivered on  October 10, 2023 as confirmed by the Army Council on the March 28, 2024 within 48 hours after the order by the court.”

     In his 13 paragraphs affidavit in support of his application, he averred that the granting of this applicant’s reliefs in the applicant’s originating summons will not prejudice the respondents in any manner whatsoever.

    “That I know as a fact that the applicant is dissatisfied with the judgment of the Special Court Martial and that he filed a motion dated 25th day of April 2024 for leave to appeal against the judgment of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October, 2023 and confirmed by the Army Council on the 28th day of March, 2024.”

    “That the applicant’s counsel wrote a letter to the Directorate of the Legal Services (Army) of the 2nd respondent dated 5th April, 2024 requesting for the CTC of the judgment of the Special Court Martial that tried the Applicant in Charge No: NA/COAS/GI/39 to wit: Nigerian Army v. Maj. Gen. U. M. Mohammed delivered on 10th day of October, 2023 and confirmed by Army Council on the 28th day of March, 2024.

    He averred that  the respondents have refused or failed to make available to the applicant the Certified True Copy of the judgment of the Special Court Martial in Charge No: NA/COAS/GI/39 to wit: Nigerian Army.”

  • How Nigerian lawyer bagged Ph.D, multiple awards in U.K

    How Nigerian lawyer bagged Ph.D, multiple awards in U.K

    Dr Tioluwani Comfort Tioluwani, whose mother and sister are lawyers, is an Assistant Professor at the University of Essex, where she obtained a Ph.D after a Masters from the Bangor University, Wales. She is also a partner at the Law Corridor, Abuja. Toluwani tells Deputy News Editor JOSEPH JIBUEZE about the role her parents played in her career path and shares her thoughts on how to address some of the issues affecting the Nigerian judiciary.

    Dr Tioluwani Comfort Tioluwani’s love for law was shaped while she was in primary school.

    She was asked to play the role of a lawyer in a drama session.

    “I would say that the real motivation to study Law was when I was asked to portray a lawyer in primary school.

    “We were acting from a book called ‘The Incorruptible Judge.’ I enjoyed acting as a lawyer,” she recalled.

    That experience, along with her mum being a lawyer, shaped her career journey.

    “My second huge motivation was my mum. She is a lawyer as well. She planted the seed of curiosity in me and shaped my love for the legal profession,” she said.

    After her secondary education at the Kings International College, Ibadan, she enrolled to study law at the University of Abuja.

    She practised in different law firms before travelling to the United Kingdom for further studies, where she excelled.

    She was awarded Best LL.M student at the Bangor University, Wales.

    Afterwards, she enrolled in the University of Essex for her Ph.D.

    “I obtained my PhD in Law from the University of Essex, specialising in Private and Business Law. I served as Post Graduate Students Representative during my studies,” Tioluwani said.

    She is interested in creating an inclusive learning environment and pushing research beyond normal boundaries.

    She is actively engaged with the Society of Legal Scholars and the Nigerian Bar Association (NBA), and advocates for collaborative approaches to addressing legal challenges around the world.

    Her academic research is on driving positive change within the legal field and beyond.

    Tioluwani’s achievements have earned her numerous recognitions.

    She said: “My most recent award is the Canadian Black History Trail Blazer Award and the Toronto Police Humanitarian Award.

    Read Also: Iran to hold memorial ceremonies for late president today

    “I got the Canadian Black History Trail Blazer Award as a result of the quality impact I have made due to my academic achievements and because I also advocated for diversity and inclusion within the legal profession. Being a Trail Blazer means breaking down barriers.

    “I got the Toronto Humanitarian Award in recognition of my endeavour to uplift others.

    “Being a partner at the Care People Foundation – a non-governmental organisation dedicated to supporting individuals with disabilities and orphans – helped me get this award.

    “During my Masters, I got the best LL.M Students Award in Law in recognition of my academic performance, being the best-graduating student that year.

    “I also got the Excellence Award which acknowledged my leadership and entrepreneurship qualities.”

    Tioluwani credits her parents with her successes.

    “My parents gave me the best upbringing and everything I wanted. They gave me love. They have been the ones pushing me and helping me.

    “My parents continually support me, being there for me and continually praying for me.

    “I would say they played a huge role in terms of growing up and getting to the point I am,” she said.

    ‘How to tackle adjudication delays in Nigeria’

    And having practised law in Nigeria, how does Tioluwani think the Nigerian judiciary can address one of its major problems: adjudication delays?

    “One of the ways to reduce the backlog of cases would be allowing and pushing for alternative dispute resolution,” she said.

    “Instead of always going to court to resolve issues, people should also consider alternative dispute resolution mechanisms like arbitration.

    “This is very effective in the UK. It is something that we teach the students. It is something we have seen out here.

    “There is an organisation called the Advisory, Conciliation and Arbitration Services (ACAS). When there are issues like rail strikes, instead of going to court, issues are resolved at ACAS quickly.

    “Going to court takes a very long time, so if something like that is considered in Nigeria, it will be better. Even in other areas like sports, the ACAS can resolve disputes.

    “Another thing that I might want to mention would be the constant dragging of cases. Most times these have to do with individuals.

    “Some delays might not necessarily have to do with the court system, but the individuals involved.”

    Tioluwani said her career focus is on advancing knowledge and making a quality impact.

    Although working in the UK, she said she would continue to contribute to her homeland’s development in any way she can and does not rule out returning in future.

    Legal lessons from mum

    For most law students, having a parent who is a lawyer helps, and that was the case with Tioluwani.

    “I used the notes that my mum took when she was in the university.  I enjoyed my mum’s notes.

    “The cases she cited were the cases we used in the class as well. That was just good for me.

    “Being able to discuss law, talk about some of the things she knows, I found those very interesting.

    “That kind of motivated my sister and I to study law. My sister used my notes too and my mum’s as well.

    “Sometimes we have conversations in the house, comparing new law with the old law. It was just usually a fun thing and a very nice thing to do.”

    ‘Govt should invest more in education’

     Asked how the Nigerian education system can thrive, Tioluwani said there is a huge disparity when compared with the U.K’s, which can be bridged through increased funding.

    “It is obvious there is a disparity in the resources, infrastructure and the opportunities as well.

    “In terms of the infrastructure, the U.K. has world-class universities with cutting-edge research facilities.

    “Nigeria grapples with the challenges of inadequate funding, inadequate infrastructure, lack of electricity and institutional issues like the strikes.

    “If I had done my PhD in Nigeria, I probably wouldn’t be done by now because of strikes, knowing how long it took me to finish my undergraduate studies.

    “However, the good thing is Nigeria has a lot of talents and they are very resilient. I see a lot of that here. Nigerians are always the best. We are very resourceful. We are exceptionally gifted and we have untapped potentials waiting to be unlocked.

    “The government can invest more in education, infrastructure and research. The Nigerian government can play a very important role in motivating and nurturing these great minds that we have in Nigeria.

    “I think we have the brightest minds. So if the Nigerian government can actually invest in these, ours could be one of the best countries in the world.

    “And it starts with investing in education, providing better institutional support to avoid disruptions like university strikes; providing better infrastructure where students can learn without issues.

    “Sometimes you see students sitting down on the floors while learning. That is not good. Students wouldn’t want to go to classes or learn if they were put in that kind of situation.

    “Additionally, the government can intensify academic excellence by awarding scholarships and automatic employment.

    “The government can also increase the salaries of lecturers to encourage them.”

    ‘Adapt laws to suit local needs’

    Are there legal reforms Tioluwani would recommend for the government?

    She said: “In terms of legal space in Nigeria, the country has a long way to go.

    “One of the main issues is the adoption of laws that cannot necessarily work in Nigeria.

    “Some of the laws that we have in Nigeria now are laws that were adopted from developed countries and we expect those laws to work in developing countries like Nigeria..

    “In the countries where there are institutional issues like corruption, political instability, security issues, the laws that you are getting from developed countries like the UK, the USA would probably not work in Nigeria.

    “We have to create our own laws. We can’t copy and paste laws. We have to make laws that will apply to our jurisdiction.”

    Law makes you versatile, says Tioluwani’s mother

    Tioluwani’s mother, Mrs Favour Tioluwani-Lesekese, obtained a law degree from the Ogun  State University, (OSU) now Olabisi Onabanjo University (OOU).

    Due to her marriage to Rev. Paul Tunde Tioluwani-Lesekese, she became more involved in humanitarian and church administrative activities as Vice President of the Care People Foundation and the Bibleway Crusaders Church International.

    However, her law degree and experience as a lawyer have helped her in the roles.

    “Law has really helped my job in the ministry. It is not difficult for me to understand situations, because as a lawyer you should read widely.

    “Law also helps me when it comes to studying God’s word. At the Law School, you have to read hard just to pass. So it was easy reading all the Christian books.”

    How much did she influence her daughters to study law?

    “I am happy to hear Comfort say she and her sister made use of my school notes.

    “I am very proud of my school notes because God gave me very good handwriting. All my notes and textbooks are still intact.

    “I brought out everything for them. So, even before a topic is taught in school, they would have read about it.

    “So, it was easier for them. It was like reading ahead of the class. I was encouraging them, telling them the best reading method.”

    Tips for passing Bar finals

    “Time and sacrifice are needed to pass Law School final examination,” said Mrs Tioluwani-Lesekese.

    “Some in this generation are not ready to devote time to reading and to make sacrifices.

    “At Law School, you would have classes till around 6pm, even 7pm. On getting home, eat and sleep. Then wake up at night to read.

    “In answering the questions, do not devote much time to a particular question. Write a little on Question 1, a little on Question 2, and go to Question 3 like that. If you still have time, come back to Question 1.

    “But if you focus more on No. 1, your allotted time could be gone before you know it.

    “This is because you are required to write on many cases and cite many examples. You can hardly finish all the questions.”

    On her experience raising her children, she said her husband was the stricter one.

    “Their father was hot with them. Sometimes I would tell him to take it easy but I supported him knowing it was good for them.

    “And that is helping them now. We are no longer with them. They are the ones taking care of themselves. So, the upbringing helped.”

    ‘My love for lawyers’

    Tioluwani’s father, Dr Paul Tioluwani-Lesekese, is the President of the Care People Foundation and General Overseer of Bibleway Crusaders Church International.

    Aside from marrying a lawyer, he ensured two of her daughters read law.

    The proud dad said: “My daughter Comfort Tioluwani is naturally endowed academically. She is a very inquisitive person. So we knew from when she was younger that she was going to the top.”

    How does it feel to be among lawyers at home?

    “One good thing about lawyers is that they argue on almost everything. So the house is always heated up because they argue about almost everything. That has become part and parcel of our lifestyle in the house.

    “As a former adviser to Governor Lam Adesina on Disability and Welfare Matters, I was always among politicians who also debated issues a lot. So being amid three lawyers is like being at home.”

    What attracted him to his wife? “I love the Law profession and if I have a second chance of coming to life, I would love to be a lawyer. You know lawyers are versatile,” he said.

    The cleric is a recipient of many awards for his good causes. His Foundation, which also runs a motherless people home, offers yearly scholarships and empowerment programmes.

    “Yearly, we distribute brand new wheelchairs to disabled persons. We give out computers, grinding machines, and sewing machines. Close to 3000 people attend every December.

    “When I went to Canada to anchor a church, I tried to replicate what I have been doing in Nigeria.

    “I started organising free computer training programmes and catering for the poor. And that attracted the Toronto Police and they started collaborating with me.

    “They came to collaborate with me in Nigeria and provided computers with which we trained many for free.

    “These earned me recognition from the Prime Minister of Canada, the Mayor of Toronto, the Premier of Ontario, the House of Common and the House of Parliament.

    “I got about 17 international awards based on the charity programmes I was carrying out.”