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  • Agbakoba slams debates on cases before Supreme Court

    Agbakoba slams debates on cases before Supreme Court

    A former Nigerian Bar Association (NBA) president, Dr. Olisa Agbakoba (SAN), yesterday cautioned lawyers against commenting on cases pending at the Supreme Court.

    He urged the NBA to sanction lawyers who breach the rules through such comments.

    In a statement, Agbakoba said: “The cacophony of discordant voices on Tinubu/Atiku over the certificate matter is completely out of hand.

    “This utter nonsense from armchair lawyers is heating up Nigeria dangerously.

    “Please, can we keep our opinions and views to ourselves, awaiting a decision of the Supreme Court?

    Read Also: Solid minerals will promote climate change, says Alake

    “I am so ashamed to see lawyers on television arguing one way or the other on the merits or demerits of the Chicago State University (CSU) matter. This is most unhelpful!

    “I call out all media that tolerate this nonsense of adjudicating the CSU matter on TV and newspapers.

    “I urge the President of the NBA to call out lawyers that breach rules of ethics by turning the media into a court of law.

    “Can we please stop heating up our country!!! Let us allow the Supreme Court of Nigeria to make a judicial pronouncement, which is binding on us all!!! This public nonsense must stop.”

    As of 8 p.m, Agbakoba’s statement had garnered 1.4 million views on X (formerly Twitter), and nearly 5,000 comments, with some saying citizens have the right to express their views on any issue, especially a sensitive one involving the President.

  • Agbakoba chairs NBA Board of Trustees

    Former President of the  Nigerian Bar Association (NBA) Dr.  Olisa Agbakoba (SAN) was last week at the Annual General Meeting (AGM) of the NBA named chairman of the new Board  of Trustees constituted to reshape and rejig the lawyers’ umbrella body (NBA)

    The  NBA at the end of its 59th Annual General Conference at the weekend announced some constitutional amendments geared towards repositioning the association to meet societal responsibilities that will enable it to function to the satisfaction its members and the general public.

    First of the amendments is the change of the trustee members who have been in place for over 14 years. The NBA trustees will, henceforth, be led by human rights lawyer Agbakoba as chairman.

    Other members of the committee are former presidents of the NBA, Joseph Bodunrin Daudu (SAN), Augustine Alegeh (SAN), a former  General Secretary of the NBA, Obafemi Adewale, and Hajia Fatima Kwaku.

    The new trustees replace the one that had been in place since 2004 T

    Profile of NBA Trustees Dr. Olisa Agbakoba

    Dr. Olisa Agbakoba ( SAN)  was born on May 29, 1953 to Chief Justice Godfrey Ubaka and Mrs Phina Agbakoba in Jos Plateau State.

    Agbakoba attended the University of Nigeria, Nsukka from 1973 to 1977, Nigerian Law School in Lagos in 1978 and London School of Economics and  Political Science from 1979 to 1980.

    He holds a Bachelor of Laws (LLB)  (Hons) of the University of Nigeria, Barrister at Law ( BL)  of the Nigerian Law School and Master of Laws ( LLM)  (1980) of the University of London.

    Fresh out of law school, the young Agbakoba served as a research fellow in the Nigerian Institute of International Affairs’ (NIIA),  Law and Intelligence Department. Agbakoba left NIIA after a year and formed his own law firm, Olisa Agbakoba and Associates, which specialises in commercial and maritime law. He has also been a key leader in the country’s pro-democratic movement, and is the President of AfroNet, an international NGO dedicated to furthering the human rights cause. He is also a Principal Partner and founder of Human Rights Law Services (HURILAWS), an NGO that specialises in advocacy and law.

    Aside human rights, his work in maritime law in Nigeria has been profound. He is the founder and first president of the Nigerian Shipping Chamber of Commerce (NCS).

    Olisa Agbakoba was the former president of the Nigerian Bar Association from 2006 to 2008 and a founding partner of Olisa Agbakoba and Associates, a leading maritime specialist law firm in Lagos. He is also the founder of Nigeria’s foremost human rights organisation, the Civil Liberties Organisation (CLO). He became known through his work in human rights and democracy movement in Nigeria. He was also the founder of United Action for Democracy and the Zambian pan-African human rights organization AfroNet. He was a defender for the Civil Rights activist, Ken Saro-Wiwa who was executed and was arrested several times because of his pro- democratic activities.

    In 1990, he was honoured with Roger Baldwin Medal for Civil Liberties. Also in 1993, he was honoured with the Human Rights Award of the German Association of Judges and in 1996 he was given the Aachen Peace Award.

    Other awards and honours include the receipt of the 15 Great Legal Practitioners of Distinction in Nigeria (1993), Vanguard’s 40 Outstanding Young Nigerians Award (1993), Fellow and award recipient, Institute of Administrative Management of Nigeria, Co-director, British Council Conference on Managing Human Rights, Abuja, Nigeria, the International Human Rights Award of the American Bar Association, in recognition of extraordinary contributions to the causes of Human Rights, the Rule of Law and Promotion of Access to Justice (1996), Dr. Kwame Nkrumah African Leadership awards in 2006 and FRA Williams Legal Practitioner of the year 2006 amongst others.

    Amongst his major publications are Federal High Court Practice Manual (published by LexisNexis, South Africa) Maritime Newsletter Volumes one and two; Manual on Election Petition in Nigeria; Maritime Cabotage in Nigeria; Bankruptcy Proceedings in Nigeria; Development Law Books (in three volumes; Towards A People Constitution in Nigeria; Transcending the Wall: A manual for Prisoners Reform. Others are: The Legal basis of the organization of African Unity Force in the Chad; Journal of International Law, Nigerian Institute of International Affairs 1981; Journal of Human Rights Law and Practice: Nigeria’s State Security (detention of persons) Decree No 2 of 1984; Exposing the Myth of Judicial Impotence with Tunde Fagbohunlu (1991), Incursions into the Legal Profession, the way out speech given at the conference on the reform of civil adjudication, Lagos, December 1995; The Statute of Limitation in Admiralty Proceedings: A Case for Fresh Initiatives in Maritime Laws and Reforms in Marine Insurance Law, among many others.

    Chief Godwin Agabi

    Chief Kanu Godwin Agabi was born on July 9 , 1946. He attended the University of Lagos(UNILAG) and Nigeria Law School. After graduating, he maintained a reputable career with many notable positions including serving as Commissioner of Finance, Cross River State; Minister of Justice and Attorney-General, Federal Republic of Nigeria; and Minister for Solid Minerals Development, Federal Republic of Nigeria.

    From there, Agabi continued to excel and seek out new ways to serve the public good. In 2002, he became the Minister of Justice and Attorney-General, Federal Republic of Nigeria and the following year accepted the position of Special Adviser to the President of the Federal Republic of Nigeria on Good Governance and Ethics.

    Agabi served in this capacity until May, 2007. He was Chairman for the Board of Directors of NICON, Niger Insurance Company Limited and National Properties Limited. Between 1999 and 2000, he served his country in yet another noble capacity as the Minister of Justice.

    Currently, Agabi is Barrister and Solicitor of the Supreme Court of Nigeria. In this position, he continues to support and serve his beloved country and remains a highly regarded and respected public figure.

    Daudu

    Joseph Bodurin Daudu, (SAN),  a prominent Nigerian Jurist, Bencher and former President of the NBA  was born on December 27, 1959 at Ogori-Magongo local government area of Kogi State, north-central Nigeria. He obtained a Bachelor’s degree in Law ( LLB.) (Hons) from the University of Ibadan and was called to the Nigerian Bar in 1980, he  attained the rank of Senior Advocate of Nigeria in 1995[

    J.B.Daudu (SAN) began his law career in 1980, the same year he was called to the Bar. On August 2010, he was elected as President of the Nigerian Bar Association ( NBA), a position he held until  July 2012. He was a member of the Nigerian Body of Benchers for eight  years ( 2002 – 2010) and became a Life Bencher in 2010, the same year he was elected, president of the NBA. He is an  honourable member of the International Council of Jurists, where he served as secretary-general.

    Augustine Alegeh

    Augustine Oyarekhua  Alegeh, SAN  is the Founder  and Managing Partner of  Alegeh & Co. He is a 1985 Law graduate (LLB) of the University of Benin. He attended the Nigerian Law School, Lagos in 1986 and was admitted to the Nigerian Bar in October 1986. He won the Bola Ajibola Prize for Civil Procedure at the Bar qualifying Examination in 1986.He was appointed a Notary Public in 1995.

    He previously worked with Firm of Sadoh & Co. (Legal Practitioners) between 1986 and 1989. Following the appointment of  his  former Principal Partner of Sadoh & Co. as a Judge of the High Court in March 1989, he became Managing Partner of the Firm, which then became known as Alegeh, Agun & Co. In September 1990, the firm became known as Alegeh & Co. following the departure of the erstwhile Partner (Francis Agun) to practice in the New York Bar. He expanded the practice base of the firm and opened offices in Lagos and Abuja. He is a member of trhe Nigerian Bar Association as well as the International Bar Association. He has attended various International and local conferences.

    He was elevated to the rank of Senior Advocate of Nigeria ( SAN)  in 2007 and in 2008; he obtained a Diploma in International Commercial Arbitration from Kebble College, Oxford University, United Kingdom. Mr. Alegeh is a Fellow of the Chartered Institute of Arbitrators, U.K and he was the 27th President of the Nigerian Bar Association elected in July, 2014 to serve a single term of two years.

    He is actively engaged in litigation and corporate practice and has argued several landmark cases at the Supreme Court, Court of Appeal, High Courts and Tribunals. He has also handled matters before several International Arbitration Tribunals.

    Obafemi Adewale

    Obafemi Adewale, born on August 22, 1957 at Ijurin-Ekiti, Ekiti State, is the Principal Solicitor of Obafemi Adewale & Co, a firm of Legal Practitioners with offices in Lagos, Abuja and Ado-Ekiti.

    Mr. Adewale read law at the University of Ife, (now Obafemi Awolowo University), Ile-Ife. He  graduated in 1979 with (LL.B) Hons.

    He was called to the Nigeria Bar as a Barrister and Solicitor of the Supreme Court of Nigeria in July 1980 after obtaining the Barrister at Law (B.L) Certificate from the Nigerian Law School, Lagos.

    Obafemi Adewale had his primary NYSC assignment at the Ministry of Justice, Kano (1980-1981) and has since then been in very active legal practice although with occasional breaks for public service. He worked with a private Law firm in Ikeja, Lagos immediately after Youth Service from 1981 until 1984 when he established Obafemi Adewale & Co.

    Obafemi has since been a very active committed member of the Nigerian Bar Association (NBA) and has been privileged to serve the association in various capacities locally and internationally.  He has been a life member of the National Executive Committee (NEC) of the NBA since 1991.

    He was elected delegate, constitutional conference 1994/95, member,  pioneer  member of the Governing Council of the National Human Rights Commission (NHRC) 1996-2000, Hon. Attorney-General and Commissioner for Justice, Ekiti State 1999-2002 Hon. Commissioner for Works and Transport, Ekiti State 2002-2003, Special Adviser on Political Matters to the Governor, Ekiti State 2008-2009, Member, Body of Benchers 1999-2002,Member, Council of Legal Education 1999-2002, Member, General Council of the Bar 1999-2002, Chairman, Ekiti State Council on Prerogative of Mercy 1999-2002, Member, Ekiti State Judicial Service Commission and1999-2002, Member, Ekiti State Committee on Criminal Justice Administration 1999-2000, Member, Ekiti State Advisory Committee 1999 -2003

    ObafemiAdewale was a multiple awardwinner.

    Fatima Kwaku

    Mrs. Fatima Kwaku (MFR) was born on October 22, 1949 into the family of Agafi of Maiduguri in Borno State. She was enrolled into Hausari Junior Primary School, Maiduguri and graduated with a high grade in Primary School Certificate. She later proceeded to Provincial Girls’ Secondary School, Maiduguri in Borno State. She continued her academic pursuit in Holborn House School, Whilton Lodge, North Hampton, England; as well as Cornwall School, Penzance, England from 1961 to 1967, where she graduated and obtained her GCE “O” level.

    She also obtained Pianoforte Grades 1, 2, 3, 4, & 5 from Associated Board of the Royal School of Music London, she later proceeded to the London Academy of Music and Dramatic Arts where she was awarded Speaking Of Verse and Prose Grades 3, 5 Bronze Medal, Silver Medal and Gold Medal. She also obtained Spoken English (Merit) from the Associated Board of the Royal School of Music, London, between 1961 and 1969.

    She later proceeded to the Kent College England as well as BorlandsStutors College, London from 1967 to 1970 where she obtained her GCE “A” levels. She thereafter proceeded to  Ahmadu Bello University, Zaria where she bagged her Bachelor of Laws degree (LL.B)  (Hons) between 1971 and 1975. She later enrolled in the Nigeria Law School, Victoria Island, Lagos, where she was successfully called to Bar in 1976.

    From 1976 to 1977  she spent her service year in the Chief Magistrate Court, Bompai, as well as the Chambers of Messrs E. Noel Grey and Co, both in Kano. In 1977, she started her Private Legal Practice and opened her own Chambers, Ya Fatima Chambers along Ahmadu Bello Way, Kano. The Chambers is still operational.

    Mrs. Kwaku was appointed a Member of the Federal Judicial Service Commission on July 4, 2013 by the President of the Federal Republic of Nigeria, Dr.GoodluckEbele Jonathan. She was also a recipient of numerous awards including the prestigious Member of the Federal Republic; MFR.

  • Atiku faces uphill task at tribunal, says Agbakoba

    National Intervention Movement Co-chairman, Dr Olisa Agbakoba (SAN), on Wednesday said Alhaji Atiku Abubakar faces an uphill battle to overturn Presidential Muhammadu Buhari’s victory at the Election Petition Tribunal.

    According to him, it has to be proven that there were electoral irregularities and that they affected the election results.

    Agbakoba, a Life Bencher who chairs the Peoples Trust Party (PTP) and the “third force political parties”, said he was misquoted in his earlier statement to say that Atiku would lose at the Tribunal.

    “That is far from the truth. I meant the former Vice President will face an uphill task, given the circumstances of challenging the election results.

    “My initial decision to charge the former Vice President not to go to court is based on the fact that President Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and the appointment of the Acting Chief Justice of Nigeria.

    “My perception is that we need to resolve the status of the Supreme Court. I wonder what is taking the National Judicial Council so long.

    “I am also worried about the historical precedent, as no petition on presidential election result has ever succeeded.

    “As one of Nigeria’s experienced election petition lawyers, I know that the burden of proof to succeed in an election petition is unfairly huge.

    “We first have to prove that there are electoral irregularities and in my view, once you prove this, you should succeed.

    “Unfortunately, even if you prove electoral irregularities you will have to show how that affected the results of the election.

    “Remember that the gap between former Vice President, Atiku Abubakar and President Buhari is about four million votes,” Agbakoba said.

    The former Nigerian Bar Association (NBA) President believes the presidential election results were “manifestly riddled” with electoral irregularities.

    Read Also: Buhari’ll decide senate presidency – Omo-Agege

    He, however, emphasised that Atiku is constitutionally entitled to approach the tribunal.

    “My personal advice has become irrelevant. I fully support and wish former Vice President, Atiku Abubakar every success,” Agbakoba.

    In the earlier statement urging Atiku not to challenge Buhari’s victory, Agbakoba said: “I understand the PDP is aggrieved about the outcome of the election and alleged massive irregularities. But, I urge former Vice President, Atiku Abubakar not to approach the Election Petition Tribunal.

    “He might have moved backwards by his loss but he should not lose sight of the legacy and greatness that lies in front of him. He is in a strong position to take up the mantle of a statesman.

    “He can build a new Nigeria movement from the motley of small parties, third force actors, change actors and millions who are desperate for a strong, united Nigeria.”

  • Agbakoba, Falana, Ozekhome condemn freezing of CJN’s accounts

    Former Nigerian Bar Association (NBA) President Dr. Olisa Agbakoba (SAN) and activist-lawyers Chief Mike Ozekhome (SAN) and Femi Falana (SAN) yesterday urged the Federal Government to withdraw the order freezing the bank accounts of the Chief Justice of Nigeria (CJN) Justice  Walter Onnonghen.

    They described the directive issued by the Attorney General of the Federation (AGF) to the Nigerian Financial Intelligence Unit (NFIU) to freeze the accounts as illegal and sub judice.

    Activist-lawyer Ebun-Olu Adegboruwa argued that the Executive Order 6 relied on by the AGF was inapplicable in Onnoghen’s case.

    To Agbakoba, the AGF does not have the authority to issue such directives to NFIU.

    He said: “To repeat, the AGF has no authority to issue a directive to NFIU to freeze the CJN’s bank accounts as the matter is already pending before the Code of Conduct Tribunal (CCT) and is therefore sub judice.

    “The proper forum to issue the order at all would be the CCT itself and not the AGF.”

    Falana, in a statement, said since a charge was pending before the CCT, neither the prosecutor nor the defence counsel was permitted by law to resort to self-help under the pretext of preserving the “res” or the subject matter of the criminal proceedings.

    Though the Presidential Executive Order No 6 of 2018 has been validated by the Federal High Court, Falana argued that it did not authorise the freezing of the bank accounts or assets of any defendant charged with economic or financial crime or the contravention of the code of conduct for public officers.

    The SAN said: “It is trite law that once a charge has been instituted in a criminal court or at the CCT, the freezing of the bank accounts or seizure of the assets of the defendant has to be anchored on the valid order of the trial court based on the application of the prosecution. This procedure accords with the rule of law.

    “For the umpteenth time, the Buhari administration ought to be reminded that even under a fascist military junta, Andrew Otutu Obaseki J.S.C. of blessed memory spoke for the Supreme Court when he said inter alia: ‘In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being  one of the  countries in the world, even in the third world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate.

    “‘Once a dispute has arisen between a person and the government or authority and the dispute has been brought before the court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the legal and judicial process to run its full course.’”

    The activist-lawyer said he was compelled to call on the Federal Government to withdraw the charge as it was inexorably designed to end in a prosecutorial fiasco.

    “Since it has now been confirmed that President Muhammadu Buhari was not taken into confidence before the charge was filed by the Code of Conduct Bureau, it is high time that the Federal Government terminated the criminal proceedings and advised the petitioner to submit his complaint to the National Judicial Council (NJC).

    “No doubt, the Federal Government may not like the much cited case of Nganjiwa v Federal Republic of Nigeria. Personally, I have had cause to criticise the judgment.

    “But until it is set aside by the Supreme Court of Nigeria, the discipline of judicial officers has to be conducted and concluded by the NJC before they are subjected to criminal proceedings,” Falana maintained.

    Ozekhome described the directive as “doubly illegal, unconstitutional, wrongful and unlawful.”

    According to him, the AGF contravened the order of a Federal High Court judgment which required the government to obtain a court order before it can lawfully deploy Presidential Executive Order No: 6.

    Ozekhome said: “Firstly, the Presidency said it was not aware that the CJN was going to be arraigned. Now, on the same Monday it was making its denial, the AGF was writing a letter, which has since gone viral, to the NFIU to freeze the CJN’s accounts, based allegedly on the provisions of Order 6.

    “I argued last July when this order was rolled out that the order itself was illegal, unconstitutional, invalid and even immoral, because it was trying to empower the President to seize or block a citizen’s account, or prevent a Nigerian citizen from travelling without a court order to that effect.

    “The government then tried to rely on a judgment by Justice Ijeoma Ojukwu which validated the order as not being unconstitutional.

    “But Justice Ojukwu’s judgment made it very clear that for the order to be valid, for any citizen’s account to be blocked, or for any citizen to be prevented from travelling abroad, the government must first obtain a valid court order empowering it to do so.

    “The judgment is there and it’s very clear, because that is the order the AGF is relying on. You cannot rely on an order beyond what the order itself provides. Therefore, the judgment directly overrode the provisions of the order.

    “In this case, it has not been shown that the Attorney-General obtained any court order, prior to allegedly directing the NFIU to freeze the account.

    “That again makes it doubly illegal, unconstitutional, wrongful and unlawful.”

    To  Adegboruwa, the letter written by the AGF to the NFIU “is misplaced”, adding that CJN’s current travails “is unnecessary”.

    He said: “The Executive Order 6 has to do with those who have corruption cases still pending in court, and their names were actually listed in that order – about 155 cases. At the time the order was enforced, this case had not started.

    “The charge against the CJN is not about corruption. It’s a matter of omission to declare assets. There is nobody who has said that the assets are proceeds of crime. There is no such allegation now at all. So Executive Order 6 cannot apply.”

    Adegboruwa disagreed with those asking Chief Justice Onnoghen to clear his name, saying things must be done properly.

    “I support that nobody is above the law but I think that the current effort to demonise the Judiciary through the office of the CJN is not in the best interest of this nation. It will be counter-productive.

    “Our law accommodates everything. You must have a key to enter the courtroom. There is nothing technical about jurisdiction. It was raised on behalf of President Buhari during his certificate case. You don’t jump the gun. There is what we call condition precedent.

    “After all, judges that were taken before the NJC, like Justice Rita Ofili-Ajumogobia, has since been dismissed. We can’t bury anything under the ground but we’re saying follow due process,” the lawyer said.

    He also faulted the manner in which details about the charge were made public, saying the CJN’s family was being endangered.

    “Now we have the form filled by the CJN with his handwriting all over the social media, with his private telephone number, names of his family members, his children. That is not how to treat the number four citizen of this country. I don’t think the government can be fighting against itself. A house divided against itself cannot stand,” he said.

    The Body of Senior Advocates of Nigeria (BOSAN) has summoned a meeting of all SANs to discuss Chief Justice Onnoghen’s fate.

    A Senior Advocate, whose views were sought on the issue, said: “The Body of Senior Advocates has scheduled a meeting to discuss the matter on Saturday.

    “So, I don’t want to pre-empt what we have to discuss. All the SANs will be there. We’ll table the issues and take a position together. If I say anything now I might undermine their position.”

     

  • Na’Abba, Agbakoba, Balewa, Awolowo lead People’s Trust campaign

    THE People’s Trust (PT) has constituted its Presidential Campaign Council for the 2019 presidential election.

    The council will be working for the victory of the party’s presidential candidate, Mr. Gbenga Olawepo-Hashim, who was endorsed and adopted by the Northcentral zone last week.

    According to a statement issued in Abuja by the party’s National Secretary, Nasiru Kura, the campaign council will be led by Ghali Umar Na’Abba as chairman. Former President of the Nigerian Bar Association (NBA) Olisa Abgakoba will serve as co-chairman.

    Na’Abba, a former Speaker of the House of Representatives, recently resigned as All Progressives Congress (APC) Board of Trustees member.

    A former Minister of State for Transport, Alhaji Aliyu Habu Fari, will serve as Director General of the PT’s Campaign Council to be assisted by three co-Deputy Director Generals.

    They are Mr. Olawale Okunniyi, Director General of the National Intervention Movement, Dr. Dale Ogunbayo and Mathias Tsado, a former presidential aspirant on the platform of the ADP.

    The campaign council has three co-vice chairmen, Dr. Abduljhalil Tafawa Balewa, Lady Funke Awolowo and Dr. Ojay Samuel .

    Other notable Nigerians in the 90-member council are the party’s National Secretary, Kura, from the Northwest as party representative; Dr. Segun Awe Obe from the Southwest; Women Leader Mrs. Ajoh Torkwase, from the Northcentral; Youth Leader Mr. Abayomi Mighty, Southwest; Mr. Anthony Akika, zonal representative, Northcentral and  Mrs. Temidola Job, zonal representative (Southwest).

    Others are Comrade Ibuchukwu Ezike, zonal rep (Southeast); Dr. Osagie  Obayuwana, zonal representative (Southsouth); Alhaji Shehu Sambo, zonal representative (Northeast); Chief of Staff to the PT’s presidential candidate, Mr. Kamal Adebayo; the Deputy Chief of Staff, Daniella Dan Suleiman; the Chief Press Secretary Hassan Ibrahim; state chairpersons of the party; state campaign coordinators and Allied presidential candidates/ aspirants from the six geopolitical zones.

  • Agbakoba, Mahmoud, Akintola: CJN’s non-appearance at CCT in order

    Two former Nigerian Bar Association (NBA) Presidents Dr Olisa Agbakoba (SAN) and Abubakar Mahmoud (SAN), as well as Chief Adeniyi Akintola (SAN) yesterday backed the non-appearance of Chief Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT).

    This was as a professor of law Yemi Akinseye-George described the charge of non-declaration of assets as “incompetent”.

    They spoke in separate interviews with our correspondents.

    Agbakoba said: “The CJN did not appear before the CCT mainly on grounds that there was no personal service of the charges, a point conceded by learned prosecution counsel.

    “But more important, no one is obliged to obey an unconstitutional document or direction.

    “So, as the President enjoys official immunity from prosecution by virtue of the Constitution, the CJN cannot be compelled to appear before the Tribunal in exactly the same way President Buhari cannot be compelled to appear in court as he is protected by constitutional immunity.

    “The only way to proceed against the CJN is to either approach the NJC or Senate.

    “In respect of the Senate, the procedure is that an impeachment process will be held.

    “So, these are only two lawful methods to summon the CJN before a court,” he said.

    Mahmoud said Chief Justice Onnoghen’s non-appearance at the CCT must have been based on advice from his lawyers. To him, he must have been properly advised.

    The SAN added: “The charges don’t really look credible. The Bar association has condemned it and that is the correct position.”

    On the CJN’s non-appearance at the CCT, Mahmoud said: “I’m sure he must have been properly advised by his legal team.”

    Akintola said Chief Justice Onnoghen or any other defendant is perfectly within his legal right to not enter appearance in a criminal trial unless and until he is personally served with the charge.

    He said: “The CJN’s non-appearance in court has no legal implications. In the first place, the CJN has not been served personally. In the eyes of the law, there’s nothing against him. He must be served personally.

    “Again, if he has objection to the jurisdiction of the court, he needs not appear. When you look at the law, all the noise and media hype being made are of no moment.

    “As far as I’m concerned, from the little I’ve read on the pages of newspapers and what transpired today (yesterday), there is nothing against the CJN until he is served.

    “You can’t shave a man’s head in his absence. You have to serve him personally and he has a right to raise objections to the charge, which he has done.

    “It is not peculiar to the CJN or any other accused person. The Constitution and the Administration of Criminal Justice Act say that you have to serve the accused person personally.

    “In criminal trials, you must serve the accused person personally. You can’t serve information indicting somebody by proxy.”

    Akinseye-George said the charges, which he described as incompetent, cannot stand in law because they were not prepared in accordance with the due process of law.

    Read also: APC, PDP quarrel over CJN Onnoghen’s trial

    “The due process of law is that the CJN or any other judge who is still serving must first be investigated and then findings made by the NJC before he can be exposed to either the CCT or regular courts.

    “We should not allow political expediency to make us truncate democracy. The rule of law requires maturity. It requires even-handedness. The judiciary has done a lot to advance the anti-corruption fight. So, this whole issue is an unnecessary distraction,” Akinseye-George said.

    But, Ogun State Judicial Service Commission member Abayomi Omoyinmi said the CJN should have appeared before the CCT

    “Fundamentally, the service of court summons on any defendant is a condition precedent for appearance and or response to such summons of any court processes.

    “However, I believed that the CJN should have appeared before the CCT, notwithstanding that evidence of personal service of the summons on the CJN was an issue before the court.

    “The CJN having been represented by eminent senior lawyers in court, one would have argued that the CJN need not have refused to appear before the court, even if personal service of the summons was not effected on him, but he has notice of the hearing against him before the CCT,” Omoyinmi argued.

  • Agbakoba, Naaba, Nwankwo, others for PT’s Olawepo-Hashim presidential campaign council

    THE People’s Trust (PT), the emergent third force party in Nigeria, at the weekend inaugurated its Presidential Campaign Council ahead of the February 2019 presidential elections.

    Its presidential candidate, Mr. Gbenga Olawepo-Hashim, who was endorsed and adopted by the Northcentral zone last week, is the council chairman.

    Other notable Nigerians, who featured in the campaign council, are the PT vice presidential candidate, Dr. Arthur Nwankwo from the Southeast, who is the vice chair of the campaign council, Dr. Olisa Agbakogba, the PT National Chairman also became co-chairperson and former Speaker of the House of Representatives Ghali Umar Na’abba from the Northwest.

    Dr. Abduljhalil Tafawa Balewa, son of former prime minister from the Northeast became the Vice Chairman and Funke Awolowo, the granddaughter of Chief Obafemi Awolowo from the Southwest and Dr. Jay Osi Samuels, Chairman of Alliance for New Nigeria, an allied political party,  were made co-vice chairpersons.

    Director General of the party’s campaign organisation and a former minister, Alhaji Aliyu Habu Fari, from the Northeast, doubles as the secretary of the campaign council.

    Other members are Secretary of PT Board of Trustees, Veteran Olawale Okunniyi, who is the Deputy Director General and Assistant Secretary of the Presidential Campaign Council, from the Southwest. Okunni will be in charge of organisation, mobilisation and publicity of the 2019 campaign.

    Co-Deputy Director General are: Mr. Mathias Tsado from the Northwest, who is  in charge of planning and protocol, and Dr. Dale Ogunbayo from the Southwest, who takes charge of strategy and monitoring.

    Other members include the party’s National Secretary, Malam Naseer Kura, from the Northwest as party representative; Dr. Segun Awe Obe from the Southwest; Mrs. Ajoh Torkwase, women leader (Northcentral); Mr. Abayomi Rotimi Mighty, youth leader from Southwest; Mr. Anthony Akika, zonal rep, Northcentral; Chief Nike Job, zonal rep Southwest; Comrade Ibuchukwu Ezike, zonal rep Southeast; Dr. Osagie Obayuwana, zonal rep Southsouth, Alhaji Shehu Sambo, zonal rep Northeast; state chairpersons of the party and state campaign coordinators also made it into the PT Presidential Campaign Council.

    Agbakoba, SAN, while declaring the event open, said by fielding the highest number of candidates for the 2019 elections among the newly registered  parties, the party has  demonstrated immense capacity as a formidable third force for the 2019 elections.

  • I’ll end security challenges-Olawepo-Hashim

    1. •Presidential candidate promises to pay N50000 minimum wage

    T he Peoples Trust (PT)  launched  its presidential campaign in Abuja yesterday  with a promise by its leaders to rid  the nation of the current state of hopelessness, insecurity and youth unemployment.

    Presidential candidate of the party, Gbenga Olawepo-Hashim, who addressed thousands of  supporters at the Old Parade Ground, said the state of security in the country was nothing to write home about , with 11  of 19 Northern states facing severe security challenges.

    He  faulted  President Muhammadu Buhari’s fight against corruption,saying the administration was  not fight corruption to achieved positive result.

    Corruption, he said, would be better tackled if the minimum wage was  above N18 thousand.

    In this regard,he promised to  pay N50000 as minimum wage.

    Olawepo-Hashim vowed that the party if voted into power will put an end to poverty and deal with insecurity in the country.

    His words: “We are a party that is determined to build a better Nigeria. We want to put an end to poverty, and under development that has been the hallmark of the incumbent government. We will fright corruption in a way that it will be done scientifically.

    “It will not just be a police action. You cannot fight corruption when the majority of the people are hungry.

    “A government  that pays it workers minimum wage below 18 thousand naira cannot fight corruption efficiently. We will raise the minimum wage to N50000  during  the first anniversary of  our government. You can trust this party.

    ”This is a turning point in the history of Nigeria. We are at a point where we will exchange instability for security.

    “We are at a point where we will dump poverty for prosperity, we are at a point where we will stop the wave of violence and hatred and build a truly united Nigeria; where the live of every Nigerian will count.

    “Today, 11 out of 19 states of Northern Nigeria have literarily been overrun by bandits from across the border and violence caused by agents of disunity and destruction.

    “The southern states have literarily been overtaken by kidnappers, robbers and all sorts of violence induced by the present state of the economy of the country.

    “At the bottom of these massive upheavals in the land is youth unemployment, which has climbed to about 33 to 36 percent. Now we have more youths that are unemployed than youths that are gainfully employed. The national unemployment average has also climbed to 24 percent of the population.

    “We are resolved to expand our economy to a $4trn economy within 10 years. We will restructure the way power is organised between the states and the federal government by devolving power to the states as presently constituted so that they can mobilise more local resources to address problems.

    “We will empower the states to have their own police side-by-side with the federal police, so that the internal security can be enhanced. We will create a national guard as an intermediate force between the Army and the Police so that we can restore internal security rapidly to the country.”

    Also speaking,the National Chairman of the PT, Mr. Olisa Agbakoba (SAN), who declared the rally opened, said that the progressive forces in the country had resolved to deliver the presidential candidate of the party, Olawepo-Hashim in  February 16, 2019 polls.

    The progressives, according to him, have decided to rally against the present set of leaders the same   way they rallied against the military   during the battle to regain democracy.

    “We took a resolute decision to form this Movement we are seeing today. We have reunited under a broad platform called Third Force and by God’s grace and power, we will win. Let us go together,” he said.

  • Electoral Bill: Override Buhari’s assent, Agbakoba tells NASS

     

     

     

    Former President of Nigeria Bar Association (NBA) Dr. Olisa Agbakoba (SAN) on Monday advised the National Assembly to override President Muhammadu Buhari’s assent on the controversial 2018 Electoral Act amendment Bill.

    Agbakoba, in the letter dated December 10 and addressed to the Senate President, Bukola Saraki, Speaker House of Representatives, Yakubu Dogara, argued Buhari’s reasons for withholding his assent to the Bill were not tenable.

    The letter entitled “Overriding the Presidential decline to assent to 2018 Electoral Act” was also addressed to all members of the National Assembly.

    It reads: “The decision of the President to withhold Assent in respect of a Bill to enact a Law to amend the Electoral Act makes no sense.

    “The final draft Bill considered by National Assembly (NASS), was agreed with the President, precisely to avoid challenges, such as now occurred.

    “The President states that part of the reason he has withheld assent is to avoid confusion as to the applicable legal framework for 2019 elections and the administrative capacity of INEC to cope with the new Electoral Act, as it is all too close to 2019 elections.

    “Distinguished and Honourable members will recall that the major amendment to 2018 Electoral Act relates to electronic technology for the conduct of the 2019 elections.

    “The 2015 elections were partly conducted by INEC, using smart cards (card readers) but the Supreme Court held that smart cards are not allowed, not been included in the Electoral Act 2010.

    “The 2015 elections were also partly conducted by INEC using Incident Forms; in effect smart cards and Incident Forms were both used to conduct 2015 elections.

    “Distinguished and Honourable members of NASS will recall that there was a lot of controversy about the use of Incident Forms as it enabled non accredited persons to vote, questioning the credibility of the elections.

    “In order to remove constraints that will impact the credibility of future elections, such as 2019, the Electoral Act 2010, was amended by the 2018 Bill, to formalize the legal basis of the Smart Cards which was already in use for elections by INEC anyway.

    “It will be recalled that the Supreme Court declared use of Smart Cards as contrary to the Electoral Act 2010, so the 2018 amendment is intended to give INEC a legal basis to use Smart Cards and Electronic Technology.

    “The 2018 Bill also introduced the extremely important procedure of transmitting results of votes from polling units by electronic means.

    “Electronic transmission will remove rigging and enhance the credibility of the Vote Count.

    “INEC says it is familiar with the amendments contained in the 2018 Electoral Bill.

    “INEC has used smart cards at all elections from 2015. INEC has submitted an election budget which provides for Smart Cards and transmission equipment.

    “The President claims that part of the reason for withholding assent, is that INEC will not have enough time to become familiar with the 2018 Bill and that a new Act will generate confusion.

    “This is simply incorrect and flies in the face of INEC’s announcement that it will not use Incident Forms or manual voting in 2019 elections.

    “In other words, INEC is ready to deploy electronic technology for 2019 elections, and only requires that the Electoral Act provides a legal framework.

    “The 2018 Amendments will help to improve the credibility of our elections and also give legal basis for INEC to deploy electronic technology in 2019 elections, following doubts cast by the Supreme Court about the legality of the use of card readers because it was not provided in the old Electoral Act of 2010.

    “Distinguished and Honourable members of NASS, are please please urged to override Mr. President and enact 2018 Electoral Act.”

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • Agbakoba, others seek special Ministry for maritime sector

    The National Assembly has been urged to champion the complete reforms going on in the maritime sector by sponsoring and enacting a bill that will lead to the creation of Ministry of Maritime Industry (MoMI).

    The Ministry, when created, the stakeholders said, would assist the  government to restore the lost glory of shipping and maritime sector of the economy.

    Speaking at a stakeholders forum organised by the Senate Committee on Marine Transport in collaboration with the Federal Minister of Transport in Lagos, yesterday, the founding president of the Nigerian Chamber of Shipping (NCS), Mr Olisa Agbakoba (SAN), and other stakeholders urged members of the National Assembly to impress it on the Federal Government to create a special ministry for  the maritime sector and introduce other reforms that will bring about efficiency and productivity at the nation’s sea ports.

    The front line maritime lawyer also bemoaned the collapsed of the ports access roads, and decried the situation which has resulted to additional transportation costs as a result of inaccessibility to the ports, which warranted demurrage on both empty and loaded containers.

    He said: “What we need is appropriate policy mechanism and appropriate legal framework and appropriate institutions.

    “We really do not need the maritime industry under the ministry of transport; what we need is a ministry of shipping.”

    Speaking on the trouble people face going and coming from the Lagos ports, he urged members of the committee and the Federal Government to direct the contractor handling the Ijora bridge to fix the failed section of the bridge to reduce the hardship.

    Also,  the Chairman,  Seaport Terminal Operators Association of Nigeria (STOAN), the umbrella body of terminal operators in the country, Princess Vicky Haastrup said that the closure of a section of the Ijora Bridge, which links Apapa to other parts of the Lagos metropolis through the Wharf Road, has contributed significantly to the problem of quick cargo clearance from the ports.

    Terminal operators, she said, are facing serious challenges in paying their workers because of the numbers of days it take to barth vessel at their terminals because of the gridlock.

    The Chairman of Port Consultative Forum, Chief Kunle Folarin,  and other speakers at the event suggested improvement in infrastructure and service delivery.

    Folarin said the facilities at the ports should be upgraded to feature modern equipment, good road network as he decried a situation where it takes several days for vehicles to access the Lagos ports.

    The Director -General,  Nigerian Maritime Administration and Safety Agency (NIMASA), Dr Dakuku Peterside, the Executive Secretary, Nigerian Shippers Council (NSC) Mr Hassan Bello  and Managing Director Nigerian Inland Waterways (NIWA), Olorunnibe Mamora commended the committee for bringing legistilative matter to the door step of Nigerians.

    The committee members, they said, deserved commendation based on their patriotic and pragmatic approach to issues of national interest.

    The heads of the maritime agencies assured the committee of their support and collaboration to move the industry forward.

    Over 700 stakeholders attended the event held at Eko Hotel.