Tag: Alegeh

  • Alegeh initiates support scheme for young lawyers

    A former Nigerian Bar Association (NBA) President, Augustine Alegeh (SAN), has donated free one year Law Pavilion premium electronic law reports to 500 young lawyers.

    According to him, the future of the legal profession is in the hands of young lawyers.

    He said the free package would be on first-come-first-served basis.

    “Our support to young lawyers is a support to the profession,” Alegeh said.

    He spoke at the launch of the Alegeh Law Foundation, which he set up to  give back to the legal profession by equipping young lawyers with various tools and practice support for a successful career in law.

    His firm, Alegeh & Co, opened a new law office in Ikoyi, Lagos.

    The foundation, Alegeh said, would offer training and support for young lawyers, and facilitate the yearly lectures geared towards addressing pressing issues in the society.

    It would also facilitate industry engagement in retooling and mentoring young lawyers, as well as supporting and collaborating with law faculties in grooming law students for 21st century legal practice.

    Alegeh said after 32 years at the Bar, he thought of what to do to give back to the profession.

    He recalled that as a young lawyer, he received guidance and support from Chief Ferdinand Orbih (SAN).

    He said young lawyers need such support to thrive in the profession, adding that the foundation was a way of reaching larger number of lawyers.

    “A lot of people will want to support young lawyers, but there is no vehicle to achieve it. The foundation will support law faculties, and offer training for young lawyers in collaboration with law firms,” he said.

    Lagos Attorney-General Adeniji Kazeem and Former NBA president Okey Wali (SAN) praised Alegeh for the gesture, and urged other law firms to emulate him.

    Kazeem promised to support the foundation, urging law firms to invest in their workers.

    “Your people are your greatest asset, so training and exposure are key,” he said.

    Wali compared the profession to a mechanic who best learns his trade in a workshop.

    He disagreed with a suggestion that law should be a second degree, saying it was not the number of degree one has before obtaining a law degree that makes one a good lawyer.

    “What we can give to the profession is what Mr Alegeh is doing. Create more spaces, keep up the standards. Thank you for this effort and I pray God will prosper this place,” he said.

    Lagos Branch Chairman Chuka Ikwuazom also urged other senior members of the Bar to help improve the lot of young lawyers.

    NBA Section on Legal Practice chairman Olumide Apata promised to work with the foundation to ensure that its objectives are realised.

    LawPavilion Director Ope Olugasa said young lawyers could apply for the free premium law reports through the LawPavilion website and would fill a form and provide their enrolment number.

  • Alegeh: How to sustain democracy

    Strict adherence to the rule of law is one way to sustain democracy, former Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) has said.

    According to him, the absence of rule of law inevitably results in anarchy.

    One way the government can show respect for the rule of law is to obey court orders.

    Alegeh was the guest speaker at an event organised by the Law Students’ Association of the University of Nigeria, Enugu Campus.

    He said all interests – political, personal, economic,  religious and tribal – must yield to rule of law.

    He spoke on the topic: Politics, interest and rule of law: the equilibrium for sustainable democracy.

    He said democracy can only be sustained through a virile judiciary.

    “Democracy has been hailed as the preferred system of governance as it vests ultimate power in the people.

    “However the role of the judiciary is critical in ensuring that rule of law always prevails over all other interests whether political or economic.

    “The judicial authorities referred to in this paper show clearly that our judiciary has performed its functions creditably in several of the cases that came before our courts.

    “However, the judiciary still have sufficient room for improvement and can still up its game and become more efficient, time conscious and make its Court rules more friendly to ensure that there’s access to justice and speedy resolution of disputes.

    “The exercise of state power must be be done fairly and in conformity with laid down constitutional and lawful procedures.

    “Procedural guidelines for prosecution of crime must be complied with to avoid allegations of human rights abuse and lack of fair hearing.

    “Orders of court must be obeyed and complied with to the latter,” he said.

    Alegeh said agencies of government must act in conformity with laid down procedures and within the dictates of the law.

    Doing so, he said, will give legal protection and cover to actions taken in the exercise of political powers and the enforcement of laws.

    “Our representatives in government should focus in the discharge of their official duties in the best interest of Nigeria and Nigerians.

    “Political parties should leave governance for elected officials and not overwhelm them with unreasonable demands and requests.

    “This will ensure the timeous implementation of governmental policies and programmes for the betterment of the general public.

    “We must all as Nigerians play our roles in ensuring that rule of law always prevails and is never compromised for political and personal interest; for it is only then that we can guarantee our collective enjoyment of true democratic dividends,” he said.

    Alegeh, a Fellow of the Chattered Institute of Arbitrators, United Kingdom, hailed the ongoing fight against corruption by the Muhammadu Buhari administration.

    He said democracy thrives where rule of law supercedes personal interests and politics.

    Alegeh cited some instances in which the rule of law prevailed, such as the conflict between the Federal Government and Lagos State over the creation of local government areas, which resulted in the withholding allocations to the state; the impeachment of Oyo State Governor Rasheed Ladoja following his misunderstanding with his then political godfather, and the controversy that trailed the emergence of Senator Ifeanyi Ararume as candidate of the Peoples Democratic Party (PDP) for the governorship of Imo State in 2007.

    He also referred to the court-ordered inauguration of Rotimi Amaechi as Rivers State Governor following the issues that arose in the PDP governorship primary; the tension that arose following the death of former President Umaru Yar’Adua, the defeat of President Good luck Jonathan in the 2015 election, among others.

    He said though there were interplay of politics and personal interests, the rule of law triumphed in most of the cases.

    To Alegeh, the suspension of the Secretary to the Government of the Federation,  Babachir Lawal and the National Intelligence Agency (NIA) Director-General Ayodele Oke, is an example of political and personal interests yielding to rule of law.

    Therefore, it is a healthy development and a good omen for the country, as it shows there is hope for the democracy and rule of law, he said.

     

  • Alegeh faults executive control of judiciary’s fund

    Former Nigerian Bar Association (NBA) president  Augustine Alegeh (SAN) has called for an amendment of 1999 Constitution to grant financial autonomy to the judiciary. According to him, executive control of the judiciary’s finances endangers democracy.

    Alegeh, who delivered the first Edo State University’s Founder’s Day Lecture titled: Strengthening democracy in Nigeria: the role of the Judiciary,  said the judiciary could not continue to depend on the executive.  Sections 81, 84, 121 & 162 of the 1999 Constitution, Alegeh said, make financial provisions for the judiciary.

    “The provisions are supposed to give the judiciary financial autonomy and full control over its own funds. However, these provisions appear couched in a manner that creates issues of compliance. Financial autonomy of the judiciary is the bedrock for a dynamic and pragmatic judiciary. The executive is advised not to engage in any action that would undermine the financial autonomy of the judiciary.

    “There is need for the provisions of the 1999 Constitution to be amended to give a more definitive provision for how funds due to the judiciary are to be determined and ascertained. A nation with a strengthened and vibrant judiciary will witness a renewed confidence by the citizenry in the justice delivery system, a reduction in crime rate, a decongestion of the prisons as well as increase in the revenue generation of the states. All these will strengthen our democracy,” Alegeh said.

    The Vice Chancellor, Prof Emmanuel Aluyor, said the university’s vision was to become a center of excellence in teaching, research, innovations and community development adding that the National Universities’ Commission (NUC), on January 18, after a successful verification exercise of the university, approved additional programmes in engineering, medicine, basic medical sciences and mass communication.

    Also at the event were the Deputy Govermor, Philip Shaibu, who represented Governor Godwin Obaseki, former Governor, Adams Oshiomhole, Chairman of the University Governing Council, Prof. Pat Utomi, among others.

     

  • NBA must remain one, says Mahmoud, Alegeh

    The Nigerian Bar Association (NBA) has urged lawyers to suppport its reconcilliation committee to unite the Bar.

    NBA’s immediate past president Augustine Alegeh (SAN) had set up a five-man committee to reach out to the aggrieved.

    The committee is chaired by a former president Thompson Okpoko (SAN). Members include former presidents Mr. OCJ Okocha (SAN), Olisa Agbakoba (SAN), former General Secretary Mr. Afro Fayokun and former president of Catholic Lawyers Association, Mr. Mbanugo Udenze (Secretary).

    NBA General Secretary  Mr. Isiaka Abiola Olagunju said the committee is expected to submit its report to the National Executive Committee (NEC) in November.

    “The president  wants  to work with everybody. We need the contribution of every lawyer for the success of the association.

    “Apart from the Okpoko committee, the new president Abubkar Mahmoud (SAN) has also constituted committees to resolve the problems in Abuja and Ikeja branches of the association,” Olagunju said.

    When the  Alegeh administration was inaugurated in Owerri in August 2014, it inherited a court case by a member  against  the Bar.

    Mr. Seth Amaefula of the Lagos branch of the NBA and others sued NBA at the Federal High Court, Lagos, challenging what they described as arbitrary hike in practicing and conference fees by the Joseph Daudu ( SAN) and Okey Wali (SAN) administrations.

    During his inaugural speech in Owerri, Alegeh annulled the election of  the  Governing Council  of the NBA Section on Legal Practice (SLP)  which had  Mrs. Mia Essien (SAN) as chairman.

    It was on the  basis that their election did not follow  proper procedure.

    SLP members said Alegeh did not first constitute a NEC or obtain its approval before annulling the eleciton.

    Dissatisfied, the members, including Mrs. Boma Ozobia and Mrs. Bunmi Ibraheem, sued Alegeh, Babajide Koku  ( SAN) and others to challenge what they called an arbitrary abuse of power.

    The suit sought declarations that Alegeh lacked the legal competence to do what he did. They sought injunctions against him.

    Interim injunctive orders were obtained and duly served on him which he allegedly disobeyed. The matter is still in court.

    Alegeh had also appointed  Dr. Garba Tertengi (SAN) as the Chairman of the Constitution drafting Committee with the mandate to amend the constitution and produce Uniform Bye Laws for all the branches of the association.

    One of the provisions of the constitution was that anybody who had contested for and held offices at any branch for two or more times is disqualified from contesting for any branch election  for five years and anybody who had done so at national level was disqualified from contesting for any office at the national level until after 10 years.

    The new constitution was adopted and passed into law in 2015 but was made to have a retrospective effect.  This generated a lot of bad blood because 71 branches of the association were compelled to hold elections to comply with this provision but Alegeh enjoyed a full tenure of two years.

    The new constitution also provided for Electronic voting on the basis of which the last election was held.

    At the Federal High in Benin, a lawyer Mrs P. I. Iyomon sued Alegeh and NBA to challenge her forceful removal from office as the chairman of NBA Benin branch, having been elected in October 2014.

    Following the alleged imposition of  Ezenwa Anumunu as Abuja Branch chair, Mr. Victor Abasiakan-Ekim who was elected the branch chairman sued at the FCT High Court. He sought an injunction  restraining Anumunu from parading himself as the Chairman of the Abuja Branch for having not participated in the election.

    In Ikeja branch, there are three court cases against Alegeh  and the NBA.

    Adesina Ogunlana, who won the election, is seeking an injunction quashing the nullification of the branch election by the NBA NEC led by Alegeh. He secured an order of court, an interim injunction restraining the NBA from swearing in Dele Oloke as the branch chairman. Ogunlana also filed a second suit seeking to stop the defendants from breaching his right to fair hearing and to stop them from from proceeding on any disciplinary action against him pending the determination of his suit .

    Also in Ikeja, Mr. Dare Akande sue Alegeh and others, challenging the purported election of Mr. Dele Oloke as the Chairman of NBA Ikeja branch.

    On the presidency, Chief Joe-Kyari Gadzama (SAN) sued NBA, Alegeh and others at the FCT High Court, challenging the irregulsrities and  manipulation of the 2016 NBA election.

    He is seeking an order of perpetual injunction restraining A. B. Mahmoud (SAN)  from parading himself as NBA president.

    Former NBA Asst National Publicity Secretary Mr. John Unachukwu is also in  the  FCT High Court contesting his disqualification from contesting the election when he emerged the sole candidate for the office of national Publicity Secretary.

    Lagos lawyer, Mr. Olasupo Ojo is in the Federal High Court, Abuja contesting the validity of the NBA constitution and objecting to the registration of same by the NBA. He wants the 2016 constitution of the NBA voided for reason of not being registered at the Corporate Affairs Commission (CAC).

    Chairman of NBA Lagos branch, Mr. Martin Ogunleye, Prince Basil Ikpenwa and Mr. Abioye Akerele are at the Federal High Court  in Lagos against the CAC, Incorporated Trutees of the NBA and Alegeh challenging the validity of the unregistered 2015 constitution of the NBA.

    Among others, they seek: “A declaration that  by the  provision  of section 600 of the Companies and Allied Matters  Act, 2004, “EXHIBIT  B”; the amended Constitution of  the Nigerian Bar Association purportedly amended and adopted  at  the Annual General Meeting held in Abuja on 27th August, 2015 and pursuant to which the administration and  affairs  of the 2nd defendant  has been,  and  is being  conducted is null and void.”

  • Alegeh: why NBA has not prosecuted fake lawyers

    Although the Stamp and Seal policy of the Nigerian Bar Association (NBA) has thrown up a large number of  fake lawyers in the branches across the country, the association has not been able to  begin criminal proceedings against those found not to be genuine lawyers in the court of law.

    NBA President, Augustine Alegeh  disclosed last week during a meeting held in Lagos with judicial editors to mark the end of the year 2015.

    Alegeh said the over 1,000 fake lawyers were discovered when they applied to be issued with the instruments and the secretariat could not find their names in the roll call of lawyers at the Supreme Court.

    He explained that the fake lawyers would not have been discovered if their application for the Stamp and Seal had come through the branch executives, especially since some of the fake lawyers happened to have been actively involved in NBA activities and have always paid their practice fee and others as and when due.

    While admitting that what the fake lawyers did amounted to criminal acts, the NBA President lamented that the association has not been able to begin  criminal proceedings against them because  the executives  were still trying to clear the challenges created by the judgement  of the Supreme Court on the new policy.

    He denied claims that the apex court judgement on the new policy was conflicting, explaining that what the second judgement of the court did was to confirm the earlier one and to give further clarification to the judgement.

    He however, assured that all those discovered to be fake lawyers would not go scot free but would be made to face criminal proceedings in the court, even after he must have left office in August.

    He said his successor would have to cue into his vision and go ahead with the process of prosecution especially since the Supreme Court has bought into the Stamp and Seal policy of the NBA by making it mandatory that all pages of applications and other processes must bear the seal of the legal practitioner who filed them.

    Alegeh disclosed that stakeholders in justice sector are already holding various meetings to review the 46 bills passed by the 7th National Assembly on the eve of their departure in May last year.

    He said stakeholders will work on the different areas of the bills, after which they would be represented to the new Senate for their deliberation and passage before they would be presented to President Muhammadu  Buhari to assent his signature.

    The NBA president explained that the meeting of the stakeholders became necessary because it would be illegal and unconstitutional for the sitting president to assent to bills that were passed under the former president.

    He said for instance that stakeholders have already held a meeting on the Administration of Criminal Justice Law 2015 which according to contained a lot of flaws and duplicated some offences.

    He said the Petroleum Industry Bill (PIB) was controversial because there are many versions of the bill prepared by different interest groups as against what is contained in the original bill.

    He berated senior lawyers who have taken to commenting on their cases that are on-going in the court,  pointing out that the NBA would henceforth view such conduct as an offence.

    “We would prefer that senior lawyers don’t speak on their on-going cases in court on the television. If at all they must do it, they must first de-robe before they can discuss the matter in general terms without going into submissions made inside the court”, he emphasised.

     

     

     

  • Obiano, Umeadi, Alegeh for Anaocha Bar Week

    Anambra State Governor Willie Obiano, the Chief   Judge Justice Peter Umeadi and Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) will be special guests at the maiden edition of the NBA Anaocha branch law week.

    The event, to be held on October 2, will be chaired by Justice Umeadi,  while Chief Obiano. A former Supreme Court Justice Anthony Iguh and Vice-President (West Africa) Pan African Lawyers Union (PALU) Emeka Obegolu are also expected.

    The event with theme: Nigeria’s self inflicted judicial wounds: the calamitous consequences of legal practice, will hold at White Castle Hotel Neni, Anambra State.

    A statement from the branch Chairman, Chief Chris Ogom Adimorah reads in part: “ This will be followed by a Dinner and Awards  party on Saturday, October 3 at the same venue under the chairmanship of Alegeh.”

     

     

  • NBA to report corrupt, lazy judges to NJC, says Alegeh

    NBA to report corrupt, lazy judges to NJC, says Alegeh

    •NDIC to review Act

    The Nigeria Bar Association (NBA) has set up a committee to monitor the judges and report corrupt and lazy ones to the National Judicial Council (NJC).

    The committee will liaise with local NBA branches through which lawyers can submit their complaints where they have evidence that a judge has been compromised, has delivered a judgment that has no basis in law, or exhibit laziness by sitting late, among others.

    NBA President Augustine Alegeh (SAN) yesterday said the association would send a formal petition to the NJC after reviewing the complaint or questionable judgment.

    He spoke yesterday at a sensitisation seminar organised by the Nigeria Deposit Insurance Corporation (NDIC) for its external solicitors, with the theme: “Challenges to Deposit Insurance Law and Practice in Nigeria.”

    Alegeh said besides corruption, the greatest challenge facing justice delivery is ignorance of the law by some judges, some of whom he said belonged to the old school and give judgments according to their beliefs rather than according to law.

    “For the first time, the Bar will be sending petitions to the NJC directly against judges. If any lawyer has a judgment, delivered for or against him and they feel it is not according to law, let them send it to us. Such judges should not be in our judiciary,” Alegeh said

    NDIC’s Managing Director, Alhaji Umaru Ibrahim, said the NDIC Act, which was last amended in 2006 would be reviewed to further protect depositors.

    Ibrahim, represented by NDIC’s Executive Director, Operations Prince Aghatise Erediauwa, said: “Presently we are proposing new amendments to the Act. One area we are looking at is strengthening the protection of depositors. We want to shorten the time-span within which depositors get paid if a bank should fail. We also want banks to be more responsible generally.

    “NDIC has a very critical role to play, but to achieve this, there are a set of prescriptions which have been laid down by the International Association of Deposit Insurers. We want to amend the Act to bring it in line with international best practices.”

    According to him, depositors of many of the failed banks have been paid in full, while some shareholders and creditors have also received their monies.

    “There are several instances where payments are advertised and individuals fail to show up to collect their payments. We have those isolated cases.

    “We can distinguish the case of Savannah Bank from failed banks because it is not within the control of NDIC. Their licenses were revoked by the Central Bank of Nigeria (CBN), but on court orders, the licenses were reinstated.

    “The next step would have been for the owners of those banks to reorganise themselves and come back into operations so that depositors can access their accounts. Savannah Bank has been unable to do that,” Erediauwa said.

  • How democracy can survive, by Alegeh

    Text of a keynote address presented by Nigerian Bar Association (nba), President Joseph Daudu (san) at the 10th Chief B.O. Benson (san) yearly lecture by the NBA Ikorodu Branch.

    • Continued from last week

    These people are the ones that give democracy a bad name.

    It is suggested to the  administration that there is an urgent need for the setting up of a ‘ Uniform Law Commission ’which will, in turn, set up or establish the ‘National Conference of Commissioners for Uniform State Laws’ This is so as to establish legislative balance between the Centre and the States and also inter-govemental harmony. The existence of this agency will frustrate any efforts to abuse the law making process whether in relation to constitutional amendment or in respect of ordinary Bills.

     

    The first steps of the new administration

    Although winners emerged and we congratulated them, the former  President too must be commended for his statesmanlike conduct of conceding the election to General Muhammadu Buhari. There remain very serious issues arising from the elections which must not be swept under the carpet and abandoned there until the next general elections. These issues which I propose to highlight hereunder are issues that if care is not taken are usually capable of diminishing the legitimacy of government that emerges from such an exercise. More over if not dealt with comprehensively, these problems will resurrect with grave consequences in future. The problems include but are not limited to:

    •The problems associated with voter registration.

    •The problems associated with voter accreditation and the use of the card reader.

    • The amendment of the Electoral Act 2010 to deal with all the issues detected and highlighted by stakeholders since the introduction or usage of the extant legislation.

    • The need for electoral reforms.

    Some commentators have advocated that INEC, government of the day and other stakeholders be given credit for this most imperfect election. That all and sundry be commended on account of the fact that election was conducted, no matter how bad. They hinge their argument on the fact that it is unfair to judge us along western standards of democracy and that we have, in any event, tried. To such persons it must be said that democracy, truth, honesty and decency are universal virtues recommended by the Almighty for man. They differentiate us from wild animals and it is necessary to say here that our report sheet for this elections which is ‘average ‘ is the direct consequence of how low and corrupt we have become. Since poverty is not a defence for theft. The new administration must take power with the result that it will genuinely take steps to eradicate such ills; this will restore confidence into the machinery of governance and renew the social compact (contract) between the state and the people. Right now, outgoing government or the incoming one must take steps to ensure not only that there is no repeat of the kind of things we witnessed in this election but that a democratic culture based on truth and honesty is introduced into Nigeria. If we do not do so, then, the Promised Land will continue to be an illusion and despite our wealth, we will continue to live in squalor and want. God, the Almighty cannot be deceived as man can.

     

    Matters arising for the new  government

    It is normally said that we should thank the good Lord for small mercies; the survival of Nigeria is a cause to continue to be thankful  to God the Almighty. It is a big mercy. For this the in-coming administration must not squander the good will of Nigerians for there is not much left. There are important areas of priority for which a lot of good can come out of, we shall endeavour to explore some of these areas.

     

    Law, order and security

    This is the greatest priority facing the new administration, virtually, law and order have all but broken down, even those who are meant to protect the people from the harassment of criminals have criminalised their own official acts, police check points even though outlawed still rear its head at odd hours and they have now been converted to illegal toll gates. Apart from the disgrace and odium such behaviour brings to the country, countless criminals have slipped through the net because due process has not been followed by the decision makers.  The following solution may be apt:

    •Reorganisation of the Nigeria Police Force.

    • Enactment of a uniform criminal code.

    • Resurrecting the fight against corruption by empowering organisations like the EFCC and ICPC.

    • Tackling corruption among public officers.

    • Tackling corruption in the private section.

    • Ensuring that the Rule of Law prevails and that the message to criminals is that when caught, they will be tried by a court of competent jurisdiction, convicted and sent to jail or acquitted and freed. Judicial powers to the Police where unlawful killings in the name of extra-judicial justice have become the order of the day must be discouraged and eradicated.

    • Control of civil disturbances.

    • Combating terrorism.

    • Maintenance of law and order.

     

    Economic reforms

    The appropriate starting point is to ensure that there is a comprehensive review of the existing economic policy. It cannot be business as usual. Government must note that despite billions of dollars spent on iron and steel and power, we are still unable to produce steel in any form or provide power (electricity) to Nigerians beyond 2500 or so Kilo watts when what is minimally required is in excess of 10, 000 kilowatts. Billions are spent on importation of items that we can produce if we had electricity to produce them.

    The absence of an engaged workforce is responsible for the high level of poverty in Nigeria which in turn leads to rampancy in the crime rate. The new administration must, as a matter of priority, revive all moribund industries by creating a real fund, not a political fund that will be effectively supervised for industrialisation of key sectors of the economy. As a starting point, all textile industries must be re-organised and revitalised, there should be a ban on almost all food products that are imported, let local industries produce replacements.

    The President  stands in a unique position to change the face of Nigeria and imprint himself in the history of Nigeria. To facilitate this, we expect that the administration will:

    •Genuinely revive the rail industry and make it the moving force for the Nigerian transportation sector.

    •Make the roads safer and assessable to all Nigerians.

    •Ensure that the reforms in Telecommunications continue.

    •Continue with banking reforms.

    • Continue with the reforms in the aviation sector.

    • Encourage local participation in the industrialisation process.

     

    Education

    Nigerians expect that emphasis is placed on qualitative education; the lack of quality education is responsible for most of the ills in the society. The low quality is having a debilitating effect on the ability of the country to progress. There is an urgent need for the administration to articulate a revised National Education Policy for the accelerated advancement in education at all levels.

     

    Rule of law/justice

    No modern society can survive without the rule of law; this administration must ensure that all are equal before the law. The independence of the judiciary must also be preserved and all justice sector reforms embarked upon by the former administration must be steadfastly continued and implemented. Justice must reach the grassroots.

     

    Conclusion

    Nigerians await with hope the inauguration of another administration, her people are full of expectations, whatever happens, let us preserve the peace, encourage order, breed dedicated Nigerians, discourage crime and hold our elected officials to account particularly to the terms of their oaths of office. Let anyone entrusted with responsibility and the nation’s wealth not only account for what he is entrusted with but be supervised so that a record of his stewardship can be kept. Above all let all entrusted with power fear God Almighty.

  • How democracy can survive, by Alegeh

    How democracy can survive, by Alegeh

    These statistics do not include those deaths that were unreported or those that were premeditated politically motivated assassinations, arson and other mayhem unleashed on the populace by politicians and their thugs. These deaths do not also include the Boko Haram attacks in Bauchi, Gombe and Yobe States during the elections which claimed several lives.

     

    Factors militating against the effective use of police powers during general elections

    The impression one gets is that these acts of violence and mayhem can proceed unchecked and unabated, without the intervention or control of the law enforcement agencies in Nigeria. The question arises why the NPF is seemingly helpless and hapless in the prevention of these criminal activities? Indeed when arrests are made why do the suspects appear invincible and beyond the prosecutorial reach of the law enforcement agencies?  Under the Police Act the prosecution possesses undoubted powers to prosecute offenders in violation of our penal legislations before any court in Nigeria appropriately designated for such an exercise. It is therefore a regrettable matter that the National Assembly has created an unsalutary state of affairs by denying Police the complimentary power to prosecute offenders apprehended by it for committing electoral offences. The power to prosecute and bring offenders to justice is a necessary adjunct to police powers. Indeed, stakeholders maintain the unassailable position that power to prevent and apprehend criminals without a corresponding power to prosecute is an exercise in futility. Consequently when the Electoral Act 2010 provides in section 150 (2) of the Electoral Act that ‘Any prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.” It has expressly and openly emasculated the Police in its task of securing electoral peace and harmony.

    This section has far-reaching implications; firstly, it removes prosecutions of electoral Offences from the Police and the Federal and States Ministries of Justice and restricts this important exercise to legal officers of INEC or legal practitioners appointed by the commission. The implication is that criminal prosecution will be centralised Quere? Has INEC got the manpower to prosecute even 10 per cent of electoral offences? By divesting the police of powers to prosecute such summary offences, who will investigate the offences, because, the fall-out of this prosecutorial ban is that the police will lose an interest in investigations.

    At any rate, it is settled law that the Hon Federal Attorney-General can take over or discontinue any criminal proceedings in the Federation or state. So, what is the functionality of this provision? It seems clear that the provision which seeks to preserve the independence and integrity of elections under the Act by limiting participation in prosecution to INEC staff or lawyers briefed by her, loses sight of clear constitutional provisions which fetter its power to do so.  For instance section 214 of the 1999 Constitution which prescribe that there shall be only one police force in Nigeria and the provision of section 174 and 211 which vest powers to prosecute criminal offences on the Attorney-General of States and the Federation. Secondly, has the Commission the man power to prosecute all offences charged to court in the Federation?  The answer is in the negative, prosecution is expensive and rigorous business, and it is also a specialized art.  Till date, INEC Legal Department is not equipped to prosecute any offender under the Act as the necessary facilities are not in place. In any event, the Commission has stated on many occasions that it does not possess the wherewithal to carry out such additional functions that will cause distraction to its core duties.

    Great care has to be taken to organise and dedicate a battery of lawyers in the INEC legal department to prosecution of cases. The essence of a democracy is to have functional machinery of Government, which in turn will provide safety and stability for her people to express their political rights in any atmosphere devoid of rancour and instability.  In other words, where hoodlums are allowed to operate freely, troubling innocent by-standers, wishing to cast their votes and or exercise their civic rights, without let or hindrance, the credibility of the election and the integrity of  those elected through such chaotic situation would have suffered a fatal blow. Finally by way of recommendation, Government needs to return to the drawing board and fully implement the Hon. Justice Uwais Report on Electoral Reforms which provides for an Electoral Offences Commission and a Tribunal to be its adjudicative arm. This step is imperative for the maintenance of law and order during elections and beyond.

     

     The legislative arm of government

    The survival of our model of Presidential Democracy is hinged on the optimal performance of the three arms of Government i.e. Executive, Legislature and the Judiciary. The three arms are expected to act in check to one another. However it has been observed that the weakest link at the level of State governance is the legislature. It appears that the checks and balance that they are expected to provide is completely absent. The clearest example is the passing into law legislation to authorise outrageous ‘so-called severance pay package for governors, deputy governors, commissioners and other motley political office holders’.

    This is coming at a time when the 85 per cent of the nation’s resources is reportedly being spent on recurrent expenditure at both national and states it is inhuman to take such largesse from Government Treasury just because of a 4 year service. This kind of conduct is anti-democracy and it is perpetrated because there is no one within the system to call them to book.  It is a vicious circle with every aspirant looking forward to climb the political ladder by any means most especially through violence and godfatherism in the hope that ultimately it will be his turn to enjoy such largesse for life. In my humble view, this is not the intendment of democracy. The people from where we copied the system have no equivalent of such brigandage.

  • Edo College old boys honour Alegeh, others

    Edo College old boys honour Alegeh, others

    The Chairman of Edo College Old Boys Association (ECOBA), Lagos Branch, Mr. Godwin Ize-Iyamu, has described the Nigerian Bar Association (NBA) president Mr. Augustine Alegeh and other members honoured by the association as worthy ambassadors of the college that is based in Benin City, the Edo State capital.

    Mr. Ize-Iyamu spoke during the first meeting of the association in Magodo, Lagos.

    In a statement, the Publicity Secretary of ECOBA, Lagos, Mr. Charles Igbinidu, stated that the Director-General, Nigerian Maritime Administration and Safety Agency (Nimasa), Mr Ziakede P. Akpobolokemi,who was the key ote speaker at the event was also honoured.

    According to Mr. Ize-Iyamu, “the association is always very meticulous in choosing members to be honoured annually. The criteria used include integrity, handwork, excellence in various aspects of life and display of all the positive values inculcated in us in Edo College”.

    During its Annual Dinner and Dance at Ruby Gardens, Lekki, Lagos, ECOBA gave an award to the NBA President for excelling in the legal profession. Other awardees were the Chairman of Grenigas Limited  Emmanuel Aguele, who was bestowed with ‘The Life Time Achievement Award’, while the Country Senior Partner for PwC Nigeria, Mr. Uyi Akpata and an Executive Director with Ecobank Mr. Kingsley Aigbonkhaevbo were honoured for outstanding performances in their professions.

    While further commending the awardees, Mr. Ize-Iyamu implored them to continue to keep the flag of Edo College flying. He urged the younger ones to emulate their exemplary performance and character.

    Speaking on some achievements of the association, he said: “One of the major goals of ECOBA is to revive educational excellence at Edo College.  We are happy to report that in 2014, we financed the relaunch of the Annual Prize Giving Ceremony at Edo College.

    “Through the generous donations to the Education Fund by members, an initial principal sum has been invested and the interest income used to fund monetary prizes and Plaques to the best students in 11 subjects selected by Ecobites /donors.”