The Nation Newspaper

Category: Society

  • ‘Overreliance on internet is creating challenges’

    By John Austin Unachukwu

    Lagos based lawyer, Mr. Akinkunmi Akinwunmi, has blamed the challenges of cybercrime, invasion of privacy, election meddling, hate speech, fake news and dissemination of obscene content globally on over reliance on the internet.

    He said these “deleterious conducts have resulted in data loss, reputational damage, loss of revenue, infringement of intellectual property, attack on sovereignty and critical national infrastructure,” he said.

    Akinwunmi spoke at the public presentation of his new book on internet law.

    The book ‘The Nigerian Internet Law’ was  launched and presented to the public at The Civic Centre, Victoria Island, Lagos under the chairmanship of Mr. Gbenga Oyebode.

    Special Guest of honour was President of the National Council of The Nigerian Stock Exchange (NSE),  Mr. Abimbola Ogunbanjo, who was represented at the event by the NSE’s Head of Intellectual Property and Technology, Mrs. Nkem Isizor. The book presentation  also featured a seminar on the digital economy which was delivered by the Executive Head, Legal, Regulatory and  Compliance of Vodacom, Mr. Kolawole Fayemi.

    Akinwunmi said: “The book is a groundbreaking work, which explores what is mostly uncharted territory in the Nigerian legal system.

    “It provides legal perspectives on internet activities based on laws, regulations, judicial decisions, and global development. The book has over 600 pages with detailed analysis on the concept of the internet and various internet-related issues”.

    Read Also: Stakeholders seek social media use against cybercrimes

     

    The author explained that the internet also known as cyberspace, is a global system of interconnected networks of computers and other communication devices that use standardised communication protocols to link devices worldwide to provide a variety of information and communication services.

    He analysed how the internet has changed the world as we know it, how it has permeated virtually all aspect of human actions. How it has made it easier to communicate, network, share contents and transact businesses.

    He  also explained how the development of various innovative online products has made humans dependent on the internet and how it has led to a surge in global Internet usage.

    According to him, out of the 7,753,483,209 people in the world, up to 4.33 billion use the internet (as of July 2019) accounting for more than 56 percent of the world population.

    “Also, as of August 2019, Nigeria had 122,975,740 internet users. Accordingly, internet penetration in Nigeria between 2000 and 2019 is estimated at 61.064%”, he said.

    Akinwunmi noted that on the downside, the continuous reliance of humans on the internet had created the challenges of cybercrime, invasion of privacy, election meddling, hate speech, fake news and dissemination of obscene content globally.

    He said the Cybercrimes (Prohibition, Prevention, Etc.) Act was enacted in 2015 to combat the problem in Nigeria.

     

     

  • ‘Law School was one of my toughest experiences’

    Ruth  Morenike Oluwadare is a lady of many parts: Lawyer, actress, dancer and photographer. The 2016 University of Manchester alumni tells ROBERT EGBE how she coped with the challenges of the Nigerian Law School after spending her entire life in the United Kingdom (UK).

    Creative, performance artiste

    My name is Ruth Morenike Oluwadare. I am the only girl in my family of six – three brothers and my parents. I am from Obokun, Osun State.

    I went to Sherwood Park Primary School, Townley Grammar School for Girls for my General Certificate of Secondary Education (GCSEs) and Tonbridge Grammar School for my A Levels, all in Kent, England. I have always been interested in the creative and performing arts. I joined a performing arts school called ‘StageCoach’ and from there, I landed a short acting role on a TV show called ’The Royal’. I was involved in so many dance and drama productions/competitions with my secondary school. I even decided to study an extra AS level in Photography all to make sure that I maintained my creative flare!

    Family’s first lawyer

    I attended the University of Manchester where I studied Law with Politics and graduated in 2016. I then went on to complete the Legal Practitioners Course at the College of Law and graduated in 2017. Finally, I studied at the Lagos Campus of NLS and was called to bar in 2018. I am the first in my immediate family to become a lawyer. I do however have some close relatives, all uncles, who are lawyers in Nigeria.

    Choice of Law

    Personally, my choice to study Law with Politics was largely influenced by my interest in the way society is governed by law and moulded by politics. It was important for me to fully understand these disciplines exclusively as well as in the context of each other as I do not think either can exist without the other. Whilst my degree was very engaging and fulfilling, if given the opportunity to study something else, it would definitely be Psychology with some Sociology modules!

    Hard to keep up with Law School demands

    Law School was one of the hardest things I have ever completed particularly because it was my first experience of ’Nigerian education’. I also think that it was and is so hard keeping up with the reading demands of Law School, however, I dealt with the workload by aligning my reading with the objectives of the lectures and that worked out for me as I was able to pass Law School with a decent grade! I feel like you are able to find time for recreation if you plan yourself well, I certainly was able to.

    (After Call to Bar) I had a small get together on Christmas Day with some family and friends which was really lovely!

    ‘I’m more focused on experience than money’

    I had to realise, very quickly, that law is not the profession to get into if making money is the sole motivation. Even the lawyers of the firms that pay ‘well’ still have the same dissatisfaction, to a certain extent, about remuneration. Bearing this in mind, I have focused on ensuring that the firm I work for gives me value for my effort with regards to experience, exposure and professional development to compensate for the remuneration.

    Marrying a lawyer?

    For me, the occupation is irrelevant in who I marry, there are so many more important factors like intelligence and drive. That said, it’s absolutely fundamental for me that my husband is a supportive partner who sees me as his equal.

    What I would change about the legal profession

    It is widely understood that the study of law is very different to the practice of law. I think it could be a good idea to give young lawyers a structured training programme pre-approved by some of the professions most revered lawyers or the Council of Legal Education. This programme would give lawyers the opportunity to select areas of law to train in over a period of time. During that period, there should be multiple opportunities to network across the profession and country aside from the annual Nigerian Bar Association (NBA) Conference. I think such a programme could really increase the standard of Nigerian lawyers.

    Another change I would like to witness in the legal profession is the increased independence of the judiciary. Independence is essential to the sanctity of the profession, to our international reputation and fair dispensation of justice.

    Read Also: Female lawyers fault Senate’s rejection of Gender Bill

     

    Mentors

    The Partners in my firm, Mr. Charles Adeogun-Phillips, Mr. Akinsanya and Mr Uduje, are people I look up to because they are dual qualified lawyers, which is something I’d like to achieve in the near future. Further they have worked incredibly hard to get to their level and this poses a constant reminder to me that hard work and consistency can yield success.

    SAN, Professor or a Judge?

    I think I am more drawn to being a professor. I really like the thought of contributing to academic discussions on the law at the same time as helping, inspiring and teaching those who are willing to learn. That said, as I get further into this profession and more confident about my ability and interests, this may change. I am therefore not completely ruling out the possibility of becoming a Judge or SAN.

    The future

    I am an ambitious person with a lot of dreams so, every now and then, different visions come to mind. The commonality in those dreams and visions is that I become a successful lawyer that has made an impact in this profession.

    My plans for the future are two-fold. Firstly, in relation to my career, there are several areas of law that have piqued my interest which include intellectual property, matrimonial causes and sexual offences. There isn’t necessarily a rhyme to these areas but the best thing about the fused profession in Nigeria is that I will be able to explore diverse areas of law during my junior years at the Bar.

    Secondly, as a result of my experience working with a social enterprise in the UK called Women in the City ACS Network (WCAN), I would really love to start an affinity group dedicated to the uplift of female lawyers in Nigeria. More to the point, I hope that on establishing this group, we would be able to: work with existing domestic abuse organisations in combatting domestic violence against men and women; provide advice to women seeking divorce and provide pro bono services on matters concerning sexual offences against young children and women.

  • Institute inducts 600 Law School students

    By John Austin Unachukwu

    The Institute of Chartered Mediators and Conciliators (ICMC) last week in Abuja inducted over 600 students of the Nigerian Law School (NLS), Bwari as associate members.

    The ICMC is the professional body of practitioners with the mandate to regulate the practice of mediation, train prospective candidates, and encourage organisations and institutions to adopt Mediation and Conciliation as the primary means of resolving  disputes.

    In pursuance of its mandate of spreading the gospel of mediation and conciliation, and to prepare the prospective legal practitioners for legal practice, the institute trained over 700 students of the NLS across all campuses during the 2018/2019 academic session.

    In line with its policy, only participants who passed the accreditation examination and submitted their post-course assignments were inducted on November 25.

    Read Also: Nigerian Law School releases Bar final exam results

     

    During the special induction, the Registrar, ‘Segun Ogunyannwo, welcomed the new inductees and praised them for equipping themselves with mediation skills which will aid them in assisting disputing parties in an assured, confident and professional manner.

    He reminded all present of the importance of Rule 15 (3) (d) of the Rules of Professional Conduct for Legal Practitioners (2007) which provides that in the representation of his client, a lawyer must inform his client of the option of Alternative Dispute Resolution (ADR) mechanisms before resorting to litigation on behalf of his client.

    ICMC President Emeka J.P. Obegolu charged the inductees to join one of the 20 branches of the institute across Nigeria and participate actively, continue to improve their capacity in ADR practice, and take up the gauntlet to support efforts of the Institute to mainstream mediation and conciliation in Nigeria.

    He further assured them of the unwavering support of the institute and her membership body; which numbers over 8,000, in their ADR practice endeavours.

    The ceremony also featured special recognition and presentation of awards to the students who graduated with a First Class from the Nigerian Law School and students who were outstanding during the institute’s Mediation Skills Accreditation and Certification Training.

    This Special Induction Ceremony is a prelude to the Institute’s Annual ADR Conference and Induction Ceremony, which will witness the induction of over 2,000 individuals as Associate Members, Members, and Fellows of ICMC.

    This year is a milestone year for ICMC, as she will also be celebrating the 20th year of her existence with a 20th Anniversary Dinner, a book presentation and documentary on the History of ICMC in Nigeria, and presentation of awards to individuals and organisations who have distinguished themselves in the ADR industry.

    The ADR Conference, Induction Ceremony and 20th Anniversary Dinner of ICMC holds today in Abuja.

  • FCCPC: Third best performing agency in ease of doing business

    By John Austin Unachukwu

    The Federal Competition and Consumer Protection Commission (FCCPC) has  emerged third-best overall performing agency of the Federal Government of Nigeria in Ease of Doing Business (Executive Order EO1) assessment of Ministries, Departments and Agencies (MDAs) for the period June 2017 to May 2019.

    This was contained in the 2019 compliance report on EO1 released recently by the Presidential Enabling Business Environment Council (PEBEC).

    Key indicators for assessment include transparency and efficiency.

    During the period under review, it was noted that FCCPC continued in its aggressive approach to improving consumer experience and responsiveness of industry to consumer preferences and dissatisfaction.

    Further, the Commission was recognised for deepening and strengthening its relationship and collaboration with other regulators and industry, enhancing its visibility and transforming many of its processes by deploying technology.

    Read Also: Buhari directs MDAs to submit yearly travel plans

     

    Most of all, the Commission succeeded in securing consensus around, and ultimate presidential assent to the Federal Competition and Consumer Protection Bill, which expanded its mandate to include competition regulation.

    There has been significantly higher consumer confidence and industry respect in and for the Commission.

    FCCPC CEO Babatunde Irukera described the assessment as “encouraging, humbling and challenging because it recognises the effort to better positive treatment of consumers in an environment where there is still so much to do.”

    He said it was “truly humbling to move from the previous obscurity of the agency to this level of superiority.”

    Acccording to him, this was “a testament to what is possible when all work together to focus on, and prioritise what is really most important, and the greatest asset of this country – its people.”

    He urged the Commission to strive not only to be the best performing nationally, but to be internationally regarded.

     

  • Wanted: culture of arbitration, sustainable institutions

    How can Nigeria overcome its challenges of corruption, poor infrastructure and develop a culture of arbitration, with its attendant benefits to business and the economy? Participants at the just ended Nigerian Institute of Chartered Arbitrators (NICArb) 40th Anniversary/Annual Conference and Investiture/Awards Ceremony, examined the problem and proffered solutions, writes ROBERT EGBE.

     

    Experts have long canvassed the economic and judicial benefits of developing a culture of arbitration and other means of alternative dispute resolution.

    They often advise the government to take urgent steps to create a regional and international arbitration hub in the country, especially considering the size of Nigeria’s economy – the largest in Africa.

    Already, Nigeria is a party to many international conventions recognising the enforcement of foreign arbitral awards, such as the New York and Washington Conventions.

    It has also signed bilateral and multilateral investment treaties offering investors – foreign or local – recourse to international and/or investment arbitration.

    Despite this and many more, few international arbitrations of note take place in Nigeria, for a variety of reasons.

     

    NICArb 40th Anniversary/Annual Conference and Investiture/Awards

    It is a problem that worries stakeholders and they proffered solutions to it at the just ended Nigerian Institute of Chartered Arbitrators (NICArb) 40th Anniversary/Annual Conference and Investiture/Awards Ceremony.

    The two-day conference, with the theme ‘’Building a culture of arbitration and sustainable institutions in West Africa’’, focused on the general legal and shared norms of culture affecting arbitration in Nigeria and West Africa.

    The multi-stakeholder forum afforded policymakers, the private sector, and ADR practitioners, a platform to build consensus on transformational issues that could shape the future of arbitration and ADR in West Africa.

    NICArb Vice President Professor Fabian Ajogwu, SAN, who represented the Chairman and President of the Governing Council, Aare Afe Babalola, SAN; NICArb Vice President and Governing member, Dr. Olisa Agbakoba, SAN; and NICArb Chief Executive Officer/Registrar, Mrs. Shola Oshodi-John, among others, welcomed the participants.

     

    Solve infrastructure deficit

    Agbakoba urged the government to show respect for the rule of law, provide infrastructure such as electricity and ensure good quality of life.

    He said these are “important factors to drive Nigeria’s arbitral position.”

     

    Corruption, a menace to arbitration

    One of the speakers, Mrs. Dorothy Ufot, SAN, identified some of the challenges of arbitrating in the country to include, risk of anti-arbitration injunctions being issued, perceptions of corruption, obsolete Federal Arbitration Law and length of time for arbitration and enforcement cases to reach the Supreme Court for final determination of the rights of the parties.

    Ufot noted in particular that corruption in arbitration is “a real menace that needs to be addressed.

    “The perception about corruption in Africa affects the appointment of arbitrators and the choice of seat of arbitration and the solution is a strong stand against corruption.”

    She cautioned against the rush for foreign arbitration seats, for instance Dubai, where the arbitrators may not be very familiar with the local laws or legal system.

    Instead, she advised arbitrators to encourage businesses to choose Nigeria as their seat of arbitration.

    Ufot added: “Arbitration clauses should be thoroughly negotiated and properly drafted in precise and unambiguous terms, in order to avoid intervention by the courts.”

     

    Need to amend Arbitration and Conciliation Act

    Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Opeyemi Bamidele, emphasised the need to re-introduce the Bill to amend the Arbitration and Conciliation Act (Chapter A18, Laws of the Federation of Nigeria, 2004) to align with current trends.

    He observed that this was one way to develop the culture of arbitration in the country.

    Bamidele noted that the last amendment bill did could not be passed before the last National Assembly’s tenure ended.

     

    Read Also: Senate to release new strategies on corruption fight

     

    Why Nigeria must become seat of arbitration

    Other experts also focused on the need for Nigeria to prioritize itself as a seat of arbitration, when entering contracts with foreign investors or/and companies.

    Oshodi-John suggested that “if investors and companies can do business in Nigeria, then they should arbitrate in Nigeria.”

    She also emphasised the need for the Federal Government to consider formulating a national arbitration policy, as a way to boost Nigeria’s quest to become an arbitration hub, save jobs and foreign exchange.

    Mrs. Oshodi-John also re-echoed NICArb’s willingness to support and collaborate with other arbitration (and ADR) bodies within the continent and West African sub-region, to boost arbitration in the sub-region.

     

    The roll

    Other participants at the event included Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, SAN, represented by Mr. Enoch Simon, who felicitated with the Institute on its 40thanniversary.

    He implored the Institute to continue to be at the vanguard of arbitration training and development in the country as this is sorely needed at a time such as this.

    Lagos State Governor, Babajide Sanwo-Olu, represented by the state’s Attorney-General and Commissioner of Justice, Moyosore Onigbanjo, declared the conference open.

    Sanwo-Olu commended NICArb for its work and leadership role in the arbitration community and encouraged the institute to keep up the good work.

    The Vice Chairman, Academic Council, Institute for Transnational Arbitration (ITA) Professor Victoria Sahani, and about 40 speakers and panelists examined the role of technology in pioneering new frontiers in arbitration practice.

    Aside Dr Agbakoba and Prof Ajogwu, other key speakers at the conference included: Elie Kleiman, Partner, Jones Day; Dr. Gaston Kenfack Douajni, President, Association for the Promotion of Arbitration in Africa (APAA); Mrs. Funmi Roberts, Principal, Funmi Roberts & Co; Professor Jonathan Aremu, Consultant, ECOWAS (Economic Community of West African States) Common Investment Market (ECIM); Chief (Mrs.) Anayo Offiah, SAN, Principal Partner, Obra Legal; Chief Bolaji Ayorinde, SAN, OFR; Hon. Wilfred D. Ikatari, Director, Regional Centre for International Commercial Arbitration – Lagos (RCICAL); among others.

    They emphasised the need for the regulation of the arbitration environment – as both government and the private sector are stakeholders in the economic development of the country.

    The conference echoed a widespread agreement that there was a need for African Arbitration bodies to encourage and implement research-driven and capacity-building programmes that will accelerate the development of arbitration in Africa.

     

    Investiture and honours

    The event also featured the investiture/Presidential dinner for the induction of new members.

    More than 600 associates, members, and Fellows were inducted into the Institute from across different fields such as engineering, medicine, academia, media, technology, law, among others.

    Several leaders and policymakers, who pioneered and promoted arbitration (and ADR) in Nigeria and globally, were also honoured.

    The honourees included the institute’s founder and former President of the International Court of Justice (ICJ) Prince Bola Ajibola, SAN; Enugu State Governor (Dr.) Lawrence Ifeanyi Ugwuanyi; Abia State Governor, Dr. Okezie Ikpeazu; and Mrs Ufot, among others.

     

     

     

     

  • Judiciary digitisation ‘sacrosanct’, says Ogun CJ

    By Adebisi Onanuga

     

    Ogun State Chief Judge Justice Mosunmola Dipeolu has pledged to work towards digitising the judiciary and establishing a Research and Statistics Department.

    She said this would afford all stakeholders the access to all cases and convictions in the state without subjecting them to unnecessary stress.

    Justice Dipeolu spoke while addressing newsmen in her office, at Kobape Road, Abeokuta.

    The Chief Judge said the challenge of identifying persons with criminal record would be a thing of the past with the new initiative.

    “In line with the global trend and the need to have the database and statistics of cases, convictions and other relevant information at our fingertips, it is imperative to establish a database for our cases for quick dispensation of justice, which will also serve as a data collation unit for the state’s judiciary”, Justice Dipeolu said

    She added that the department would help the judiciary to collate statistics of the total number of Criminal and Civil cases before the High and Magistrate Courts within the state, including the exact figure of criminal cases awaiting trial, those being  prosecuted  and those convicted.

    Justice Dipeolu disclosed plans by the state judiciary to set up a witness fund in line with Section 264 of the Administration of Criminal Justice Law of the state 2017.

    She said  the  fund shall be accessible to witnesses on request, especially those who summoned  before the  courts to give evidence on behalf of the defendants or litigants.

    Read Also: Judiciary overworked, says Lawan

     

    “Indeed, the commitment of the present administration of the Ogun state judiciary to bring justice closer to the people remains on course, so to this end, the Magistrate Court at Iperu will take off on December 2, 2019, and we are ready to do more with the help of God and your continued support”, Justice Dipeolu assured.

    She further stated that the judiciary has established a Manpower, Development Centre, in conjunction with Olabisi Onabanjo Unversity, Ago-Iwoye, for their staff to continuing their education and certification course which would be relevant to the judiciary system of government and would make them more professional as staff members of the system.

    She added that courses to be offered would be specific to job roles and the curriculum, which would be regularly modified to reflect international best practices, noting that the centre would run programme that would cover many courses that would impact positively on the output of the staff and significantly improve their capacity.

    She reiterated the judiciary’s commitment in moving from the archaic way of doing things as it would no longer ignore the massive shift in technology all over the world, saying that the state judiciary need to move with this trend albeit cautiously.

    “I am pleased to announce that the state judiciary is now present on almost all the Social Media Platforms and we can now be reached directly through these platforms by simply typing ‘Ogun State Judiciary’ on the search engine, and we are working earnestly towards computerizing different sections in the judiciary, like probate, correspondence, registry and of course the court recording systems”, justice Dipeolu said

     

     

     

  • ‘Proper case management systems will weed out frivolous cases’

    Ada Obinna Chika Edozie was  the first female Vice-Chairman of the Onitsha branch of Nigerian Bar Association (NBA). She is a member of the Council of Legal Education and a life member of the International Federation of Female  Lawyers ( FIDA). In this interview with Legal Editor, JOHN AUSTIN UNACHUKWU Edozie shares her views on justice sector reforms, problem of young lawyers, legal education and sundry national issues.

    Justice sector reforms have been a challenge in this country. How can we reform our legal system to fast-track justice dispensation?

    A lot has been said on the area of justice reform and challenges facing the administration of justice in the country. There have been suggestions and contribution from different actors, but, unfortunately, some of these interventions  have been neglected and the ones that were followed up have been hindered by lack of full implementation.

    Can you give us an example?

    For example the radical reforms introduced by the Administration of criminal Justice Act (ACJA) 2015 and the Administration of Criminal Justice Laws (ACJL) of various states of the federation are there for all to behold. They all contain innovative provisions which are geared towards speedy and accurate dispensation of justice. But the law  has not really achieved the desired goal envisaged by the framers of the law because of lack of implementation and other militating factors that have hampered their efficacy.

    So what do we do in cases like this?

    While it is good to make laws and introduce innovative ideas in our justice system. It is also important that adequate facilities should be put in place in the relevant institutions to ensure the implementation of those ideas. One needs to ask this important question; are most of our courts (courtrooms, registries and other sections), Police stations and Ministries of Justice properly equipped in terms of staff quality and  infrastructure  to ensure speedy dispensation of justice? Unfortunately, the answer is in the negative and most times the Judges who are made to work with insufficient materials are made to bear the brunt of these inadequacies.

    So what is your conclusion on this matter?

    I agree with most writers on this discuss that there is need for legislative reforms but I also hold the view that legislative and institutional reforms should go hand in hand to ensure a holistic and practical reform in our justice system.

    There are serious concerns about the declining standards of legal practice and ethics in the legal profession,  as a practitioner how do we address these challenges?

    I do not think that this problem is peculiar to legal practice. The decline in standards is also visible in other disciplines and professions in Nigeria and it is indeed a national issue. This trend only shows one thing; that there has been serious deviation from the standards of training or level of training and values of our professionals including those of us in the legal profession. In as much as I admit that the Nigerian Bar Association (NBA), which is the body responsible for all practitioners, has a great role to play in this regard, I also hold the view that the focus should not be on the NBA alone but other relevant institutions which are responsible for the overall upbringing and training of our professionals should be examined as well. The family and educational institutions (primary, secondary and tertiary) should interact to preserve our core values and ethos.

    What do you mean by this?

    I mean that when these institutions perform their roles perfectly well, little will be left to be done by the NBA and other professional bodies  to protect and sustain the standards of legal practice and ethics in the legal profession. I am also aware that the Legal Practitioner’s Disciplinary Committee (LPDC) has taken the bull by the horn and has been able to sanction legal practitioners that have derailed from the laid down rules of professional ethics and conduct. I think more sanctions should be imposed on those that are caught on the wrong side of our ethical rules in order to uphold the standard of the legal profession.

    The Judiciary has received serious bashing  in recent times from law enforcement agencies of the federal government in fighting corruption. What is your reaction to this?

    Yes and not just only from the law enforcement agencies of the Federal Government fighting corruption but also from gullible members of the public. But one should not be surprised. In fact such should be expected and I will tell you why.

    Why?

    When some of the prosecutorial  agencies are in court to prosecute their matters, they fail to dot the Is and cross the Ts of their case by failing to ensure that proper investigations  are  carried out before the cases are brought before the court. That is to say that they fail to do thorough in-house appraisal and analysis of their cases to ensure that their evidence and their cases as a whole is coherent and, if I should say, water tight.

    Read Also: Female lawyers celebrate with less-privileged children in Ekiti

     

    Without doubt proper investigation of cases and having the necessary evidence is a sine qua non to securing conviction or getting judgment in court, as the case may be. It is neither through sentiments, emotions nor propaganda that cases are won. Today, we see situations where some of these agencies rush to court and want to hurriedly secure convictions without taking the proper steps. They ought to know that the primary duty of the court is to deliver justice evenly and as Justice Niki Tobi (JSC) of blessed memory would say; justice is not for the prosecution alone, it is also for the accused person and the society at large.

    Therefore where these agencies fail to do  the basic things they are suppose to do, they turn around to heap the blame on the doors of the court and the judiciary at large and some members of the public who do not understand these basic legal requirements are cowed to blindly follow them.

    The truth is that no matter how intimidating or beautifully couched the charges usually proffered by these agencies may appear, if the prosecution fails  to present the proper evidence before the court, his case must hit the rock. There is no emotion or sentiment about it and justice is not a trial and error game or a media popularity/publicity show and some members of the public do not know these things. They are carried away by media reports that throw weight behind these agencies who bash our judges without knowing that these agencies most of the time, fail in their duty to provide material evidence which the court can rely on in convicting persons on trial before it. This is why justice is said to be blind. It does not know the parties before it, be it rich, poor, the leader or the led. Everyone is equal before the temple of justice and prosecutorial agencies are not exempted from playing on a fair ground with other participants.

    So, I am not and will not be surprised by the bashings  received by the judiciary. It has always been there and will continue because the judicial system requires due diligence and those who fail to do so usually resort to blame games or name calling.

    What is your advice on this?

    The law enforcement agencies therefore should up their game and ensure frivolous cases are not brought close to court. I am aware that most of them have good record of successful prosecution of several high profile cases even up to the Supreme Court. That is commendable and should be maintained so that they can get that support they hope to get from the court.

    How do you think we can expedite speedy dispensation of justice in the country?

    The issue of ways of speedy dispensation of justice in this country has become an everyday topic in different seminars and fora. I am aware that the Administration of Criminal Justice Act, the Administration of Criminal Justice Laws of different States of the Federation and Civil Procedure Rules of the various courts within the country have introduced some innovations towards quick and faster disposal of matters. In some courts, some days are clearly set out for the hearing of criminal cases. These innovations are commendable but more steps needs to be taken to achieve better results.

    Some people have canvassed the idea of establishing special courts in the country. What is your views on this?

    I believe that there is need to establish more courts, especially special courts to deal with special matters or special areas of law. This will go a long way to decongest our already existing structures and encourage specialisation which will enhance productivity. There is also need to appoint more judges to man these courts and where there is a vacuum due to retirement or promotion of a judicial officer, the relevant bodies should act quickly to fill the vacuum in order to prevent a scenario where matters in court are left unattended to.

    Also, adequate case management system should be employed by the courts so that cases which could be settled at the pretrial stage can easily be dispensed with without need for the rigours of a full trial.

    Your branch law week is around the corner. What is the topic for this year’s event and the reason it was chosen?

    The law week is going to hold from the 11th to 15th day of December, 2019. The theme for Onitsha branch Law week this year is Protecting the Legal Profession from Extinction, Adulteration and Infiltration. This theme is very significant at a time like this because of the roles played by the legal profession in the society. This theme presents an opportunity for us to be reminded once again the core values of the profession which are: fairness, equity and justice. There is need to guard the ethics of the profession jealously with a view to maintaining  its sacrosanct role in the society.

    Who and who are expected to attend the law week? Are you honouring anybody personal or corporate?

    The law week will commence on December 11, 2019 with health walk. We expect serious players in the justice sector to attend. This includes: Judges of the High Courts and Justices of the Supreme Court and the Court of Appeal. We also expect Senior Advocates of Nigeria, legal practitioners, professionals  from different walks of life. Persons that have distinguished themselves in the profession and other areas of life will be recognised and honoured.

    What are the other highlights of the occasion?

    Chief Mike Ozekhome (SAN) will give the keynote speech, Mr. Dele Adesina (SAN) and Mr. Olumide Akpata are all expected to be part of the law week. We will recognize the Governor of Anambra State, Chief Willy Maduabuchi Obiano, the fourth female Attorney-General and Commissioner for Justice in Anambra State, Dr. Uju Nwogu, Dr. Onyechi Ikpeazu ( SAN) who has always been there for us as a father, Chief Arthur Obi Okafor ( SAN) for his outstanding support for the branch, Mr. Alex Ejesieme (SAN) for his contributions.

     

  • ‘Embrace human rights, rule of law for effective community policing’

    By Adebisi Onanuga

    The Police have been urged to key into Inspector-General  (IGP), Abubakar Mohamned Adamu’s vision of making human rights and rule of law the bedrock of community policing.

    The Assistant Inspector-General of Police (AIG), Zone 2, Ahmed Iliyasu gave the charge during the Course 7 graduation ceremony of  officers of the force held at the M.D. Abubakar Hall, Zone 2 headquarters, Onikan, Lagos.

    Eighty-four officers graduated in the training programme which lasted for about two months.

    They received training on Administration of Criminal Justice Act (ACJA) 2015, Child Rights Act, Human Rights as enshrined in the Constitution and other international laws, Rule of law, plea bargaining, domestic violence from Joashum Agha, Nnaemeka Agu among others .

    The AIG, who was represented by Assistant Commissioner of Police (ACP) Administration, Steve Yabanet, urged the graduands to take community policing to the grassroot.

    “We are in a democratic era and we are expected to be ardent observers of human rights and rule of law.

    “ Now that you have received this training, we want to see changes in the way you conduct your duties and interact with the people particularly the grassroot.

    “You are expected to put what you have learnt into practice and to be a good ambassador of the force. These are the ideals of the IGP”, he said.

    The programmes’ facilitator and Executive Director, Crime Victims Foundation of Nigeria (CRIVIFON), Mrs Gloria Egbuji noted that human rights is at the core of community policing.

    Read Also: Community policing is panacea for insecurity, says Osinbajo

     

    According to her, unless the police respect the human rights of Nigerians, it will be very difficult for them to achieve the benefits of community policing.

    She said: “ All the tenets of human rights as contained in the national and international laws must be respected by the police for the populace to truly come close to them for genuine partnership in intelligence sharing, community support and truly being police friends”.

    The CRIVIFON director, who was represented by a training facilitator of the foundation, Evaristus Aloko, explained that it was against this background that the organisation commenced the training of men and officers of the force in 2006.

    Egbuji said 18,600 policemen and women, from rank of DCPs to constables,  have been trained from 2006 till date.

    Egbuji added: “It was also to make police who are law enforcers not to be law breakers and help them carry out diligent investigation and interrogation without torture, make work of community policing much easier and attract more support from the people”.

    The Class Governor, Ishado Micheal, a Deputy Superintendent of Police (DSP) said the programme has been very enriching, educative and rewarding.

    Ishado promised that they would implement what they learnt and become trainers to their subordinates.

    He thanked the AIG and his team for exposing them to the programme and promised that they would continue to share the knowledge gained down the line.

     

  • Group honours Supreme Court Justice, Nwodo, others

    By John Austin Unachukwu

    THE umbrella society of Igbo lawyers, Otu Oka-Iwu,  has  honoured Supreme Court  Justice Chima Centus Nweze; the President-General of Ohaneze Ndigbo Worldwide, Chief John Nwodo and others for the contribution to the development of the judicial system.

    It gave them the honour at its 2019 Dinner and Awards Night held at the MUSON Centre, Lagos.

    Otu Oka-Iwu called for a reform of Nigeria’s legal and constitutional system in order to stem “the slide into anarchy and economic downturn.”

    It warned that unless urgent steps are taken to restore the rule of law and respect for human rights, the country’s development may continue to plummet.

    Aside from Justice Nweze and Nwodo, the event also featured presentation of awards to other leading Igbo members of the legal profession, including Appeal Court Judge, Justice Ugochukwu Ogakwu; Justice Nelson Ogbuanya of the National Industrial Court, as well as Justices  Sunday Bassey Onu and Justice Obiora Egwuatu both of the Federal High Court.

    Others were a former Chairman of The Body of Benchers of Nigeria, Owelle George Uwechue (SAN);  Chairman of the Council of Legal Education (CLE), Chief Emeka Ngige (SAN); former Otu Oka Iwu presidents, Chief Guy Ikokwu and Mr.  Zik C. Obi II; former Lead Prosecution Counsel at the United Nations International Criminal Tribunal for Rwanda, Mrs. Ifeoma Ojemeni-Okali and immediate past Chairman of the Nigerian Bar Association (Lagos Branch), Mr. Chukwuka Ikwuazom.

    Addressing the gathering, Nwodo traced the decline in the fortunes of fossil oil, Nigeria’s major revenue earner, adding that aside from the emergence of shale oil, new technologies such as artificial intelligence, robotics and autonomous/electric cars point to a bleak future for the fossil oil market.

    Noting that new technologies are also threatening lawyers’ employment, Nwodo urged lawyers to take the lead in canvassing constitutional reform.

    His said: “Oka Iwu Ndigbo must take a front position in championing our resolve to bring about constitutional reform in our country. It must address the issue of effective political representation.

    “It is qualified to catalyse growth in digital education and agriculture. Mere rhetoric will get us nowhere. The time for action is now.”

    Speaking earlier, Uwechue condemned the “blatant disregard for human rights and the rule of law by the Federal Government.”

    Read Also: Group honours Shell for youth development

     

    TheHouse of Representatives Speaker also stated that “the manner in which the former Chief Justice of Nigeria, Justice Walter Onnoghen was suspended pursuant to an ex parte order was clearly outrageous and undermined the principle of separation of powers in a truly democratic governance.”

    Uwechue, who chaired the occasion, urged citizens to follow due process in stating their grievances, noting that “we have the duty, as lawyers, to advise our people that we must follow due legal process of going through our elected representatives – Ohaneze Ndigbo, the state governors, federal and state legislators and even local government area chairmen and councilors.”

    Otu Oka Iwu President Chief Chuks Ikokwu said while the association would not join in the “public bashing” and humiliation of judges, it “will continue to participate actively in the national debate and discussion for enthronement of the rule of law, respect for the individual and collective human rights of various ethnic nationalities of the Nigerian Federation and for equity and justice.”

    He added: “We support strongly the quest by the various nationalities for a restructured true federating units to propel this country into the present age. Those who oppose this quest do so in denial and live in the past.”

    Speaking on behalf of the honourees, Justice Ogbuanya said he was “personally elated” with the honour, adding that the association “has once again distinguished itself as a pan-regional union” that propagates national unity.

    He noted that the award was “especially unique” given that it is a “recognition of excellence bestowed only on jurists who have distinguished themselves in their chosen fields.”

    Otu Oka Iwu is incorporated as an association of Igbo lawyers set up immediately after the Nigeria-Biafra War to cater especially for the interest and welfare of Igbo lawyers.

  • Nigerian lawyer becomes Senior Right of Way Professional

    By John Austin Unachukwu

    A Port Harcourt based legal practitioner and Director of Protocols of the African Bar Association ( AFBA),  Mr. Emmanuel Obumneme Mark has been certified as a Senior Right of Way Professional (SR/WA) by the International  Right of Way (IRWA).

    A congratulatory letter to Mark signed by the International President of the association,   Aimie L. Mims, made available to The Nation reads:

    “Congratulations! You have successfully satisfied the education, experience and course curriculum requirements for the third level of the Industry Certification Program – Generalist Pathway as required by the Credentialing Committee, and are approved as: Senior Right of Way Professional (SR/WA).

    Read Also: African Bar Association to support Buhari

     

    “Your hard work and dedication will differentiate you from other professionals and will boost your opportunities professionally and financially. I know you and your employer will reap many benefits from your years of study and self-improvement.

    “The SR/WA plaque and pin will be mailed separately in 4 to 6 weeks to your ChapterProfessional Development Committee Chair so that arrangements can be made for aproper presentation at the next chapter meeting.

    “Members holding an SR/WA Designation must recertify every five (5) years from the date of approval of their designation. Your recert-ification is due November 1, 2024.”