Tag: bench

  • Akeredolu: Bench, Bar must rebuild their reputation

    Ondo State Governor Oluwarotimi Akeredolu (SAN) served as Nigerian Bar Association (NBA) president. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he speaks on his stewardship in the past two years, and his trip to Thailand for legalised and regulated cultivation of medical cannabis.

     

    • ’My Thailand Indian hemp cultivation trip’

    As a former NBA president, what are your thoughts on the legal profession?

    Well, as for me, we have a lot of wrong perception in the country now and I believe that it is wrong although we practitioners too have not helped ourselves. We are probably to blame for a number of those things. Perception, not only lawyers, the moment anything affects the judiciary, it affects you as lawyers.  A situation where we have the Chief Justice of Nigeria (CJN) going through trial, there  is no way it will not rob off on the profession including the NBA. If for one reason or the other, rightly or wrongly, the NBA President is also being tried, there  is a problem. Now the issue of the NBA President, I have made efforts to look at it. And for me if you are not careful, all of us can run into that problem.

    How do you mean?

    All of us because a number of times you handle cases for governors and probably you are a lead counsel, the money paid to you is not for you alone. Never. Most times such money is not for you alone. So, if money like that is paid, if you are not careful, they will say it is being laundered through your office. We have a Bar, the President is being tried, the CJN is being tried. I pray that the NBA  president comes out of this well. If he does, then we have to come together to build the reputation of the Bar again, that is the way I see it. Apart from the President, a number of our colleagues have been tried and some convicted. Other senior lawyers are still undergoing trial with judges and so on. These are things that have given us negative perception. Something has to be done. It may not be done by Paul Usoro as NBA president. Maybe after his tenure we have a president who  gives a different image and all of us can walk in because when all these trials start, to wash yourself clean may not be very easy. We cannot condemn anybody here because anybody could have fallen victim of this.

    You have been in office for over two years. How has it been?

    Well it has been a worthwhile experience and let me say, I had time to plan to come here. I ran for the office once and got it the second time. So, I am supposed to have enough time to plan for it and I did. And coming here, I had my focus. Essentially my focus was the people. When I talk about the people, it is not necessarily my party members who have quarreled with me over time, and are still quarrelling because I just believed that look, when  you talk about people, it is the generality of people which includes my party members. Your focus cannot be your party members alone. Your focus must be the generality of the people of Ondo State. I was convinced that if you are going to make any impact, you need  to do things that will last long, that the people will be the ultimate beneficiaries of.

    So, I said well, something has to be done about infrastructure. I set at it with everything I had, and developed my own  model which is not the common or conventional one. We got contractors to work without being paid. How they accepted this I don’t know. A few of them  felt that well, we have a lot of  trust  in you, ‘why wont we do it? We know that you will pay’.   So, people started work on road construction and other areas and so on.

    They got to 30 perc ent before they were  paid a dime. That approach made whatever  work that they were doing to be of high quality. They set the standard  before they were paid. That is how we set what people came to refer to as Aketi standard for road construction.

    What about education?

    On education, for years my predecessor did not believe in the type of primary  schools  that we have, that SUBEB or UBEC at Federal level will  support. Everybody has his own style. He felt ‘why don’t I spend money to build mega schools?’ and that was good for him. But for me it wasn’t something I was going to embark on because I am learning from his experience. I could see practically what mega schools had suffered.

    What have they suffered?

    The issue of attendance is very poor and some of the facilities are wasting away. So, I felt that I would still approach the primary school education and the improvement of infrastructure through the SUBEB and UBEC  way. So I got money, we paid our counterpart fund. For about four five years we had not paid. So, we got money, paid our counterpart fund and that led us to work on primary schools from over 700 schools. We have constructed new classrooms in some of them. We have repaired so many. We have toilet facilities. We have their recreational facilities. We have solar power to provide  them light. You can see so many schools all over the state, at all the nooks and crannies of the state.

    The other approach is that I said look, our Internally Generated Revenue (IGR) is very poor. It was oscillating between N600 to N700 million maximum when we came in. It never exceeded N700 million and I said no, we cannot continue in that way. So we got consultants who had to come and work for us and luckily for us now we are getting about N1.5billion and still moving ahead. Luckily again for us when the Federal Board of Inland Revenue did their rating and Ondo State was rated number one in the country in terms of revenue generation, not that we are generating surplus or much but, in relation to what we used to generate and what we have now, the percentage increase in relation to what we used to have ,we are number one. It is on record and was announced, so we thank God for that.  Then  we were determined that we must industrialise the state. I travelled to China and had discussions here and there and today we decided to have the Ore Industrial Park. If you go there, about five or six  major industries are coming up. Some have even come up. We have plywood. We have MDF. We are the only one selling in this country now. We have cassava to ethanol which has been completed.

    What is the debt situation?

    We are paying debts owed by past administrations.  I said that government is a continuum. There were so many people that the government was owing and I remember somebody saying, what is this man doing, his party members have not got anything and he is busy  paying salaries and debts owed by other administrations in the state. People have worked, they were owed about seven months without pay and for me, I have settled about six months out of that and have only one month left. So, by the time we get the next Paris Club funds we will settle that.

    Is your administration debt-free?

    Since we came into office for over two years we have not owed a dime. Consistently for over two years we have not owed a month salary. We are paying those working for us. It is important for us to do that because I believe that every labourer deserves his wage.  I am not sure that an interview like this can capture all that we have achieved. When I was coming into office, I mentioned to them in Ore that the rate of accidents at that junction is high, that we’ll have a flyover over at Ore. They said every government has been saying so. But we have started. We have done the pilling, which is completed. I am sure that before the end of the year, you will see the flyover over Ore. This is part of what we are set to do. The roads in Owo are there and many places all over the state because infrastructure has been key to us.

    It is widely reported that you are calling for commercial production of Indian Hemp otherwise called cannabis. What is your reaction to this?

    I am a lawyer. I am aware of the Single United Nations Convention on Narcotics 1961. We we were part of it. My understanding of that convention is that it would discourage accumulation of cannabis by its cultivation and so on. But other countries have found ways to legalise cannabis, so many countries in Europe, because there is  what is called medical cannabis. When you discover a cannabidiol, whether it’s the STS you find, or CBD oil you find, whichever one you want to find in cannabis its use today is there for medicinal purposes. We cannot deny that fact. How can we as a country or as a state where you have potential, you have good soil and these things are growing and is known everywhere, people are in search of it – I am aware for instance that in Canada they have about one and half years shortage, they need these things. So, how do we now fold our hands and keep pursuing our people? I said we can have controlled cultivation.

    How do you control it?

    The National Drug Law Enforcement Agency (NDLEA) will license you, take your area cover and you have their officers there to monitor so it doesn’t go into anybody’s hands. There is no way they can even take cannabis out of the country. If we have controlled cultivation then they can have facilities to extract the M Oil. Then the M Oil is packaged and sent to them for use for medical purposes. That is all about it. I said that Ondo State with our strain with the type of cannabis we have here, it has been taken out and tested and confirmed that we have the best strain in the world. They are three species here namely those that grow by river, those that grow upland and so on.

    The specie that is grown within Ogbesse here and Amowuya is the best so I believe that we can take advantage of it now before it is late.  It is believed that we have about $140billonn worth of it in the state, so why can’t we explore how to legally harness it for the benefit of the country? Even if it is S40billion we get, it is something for the country. That is why we went to Thailand to study how they do it. They are still at baby stage but they have put in laws to  allow for this cultivation. In their case, there was a time they were part of the golden triangle, growing puppies of Opium and so on. People have left it now and we can equally make people to leave illegal cultivation of Indian Hemp by bringing some sustainable development, bringing some cottage industries to them and make them part of those who work in the farm which is legalised. So, I believe that at the end of the day, it will be a win-win situation for Ondo State. We should not lose out of this big trade opportunity that is coming up when it eventually comes in the form of medical cannabis.

    Why did you go to Thailand?

    I  did  not go to Thailand to  learn  how to cultivate Indian Hemp. It is cultivated everywhere and everybody knows this. We only went there to see the pathway, to map out the pathway for legalised cultivation and export and use of cannabis here. We have our universities here and they can carry out a lot of research. A friend of mine was with me the other day and told me that he bought one Indian Hemp cannabis product from the United States of America for hair growth, his own  hair has changed. There is one for memory loss and so on.

    How do you get funds to pay salaries and still carry out infrastructural projects?

    Well we looked at what comes  to us from Abuja and from it the first line of charge is salaries, after that, whatever is left we make use of it. Whatever we get from IGR we make use of it. We cannot do more than that. There are some challenges now. We are looking at it that we may borrow some money. There  is nothing wrong with that because a number of our contractors are now  being overstretched. So, we need to give them more money. They have done substantial work that they need to be paid. The IGR may not meet it so along the line we may have to borrow. There was a time I said give us one month and let us owe you, they said no way and when I saw their reaction I said what do I do. In my first speech to them I told them that I won’t owe them salary, I am committed to it.  I am duty bound to continue that way and I will continue as much as possible to do that.

    About the time they made demand for the payment of the one month arrears which Mimiko was owing them, a union leader said I know how much  that came and how much that has been spent, there is no money,  it is not possible, so let us not stress it. Most of them work in government and they know when money comes in so if I had spent it anyhow, they would have revolted.

     What is your reaction to the seeming crises within  the state chapter of the APC? Is it true that you did not work for President Muhammadu Buhari’s re-election?

    Well for me our party has had its own problems which started from the last party primaries in the state. Whether we want to take it or we want to pretend, we must own up to the fact that we had that crises and there must be a way to solve it. And I believe that the way to solve it is not all these talks about suspension or no suspension. That is not the right approach.

     What do you consider to be the right approach?

    The right approach is for leaders to sit down and look at it holistically. I failed to communicate with you, or if I  reacted in a way  you did not like or did not react at all, let us see, bury the hatches and move forward as one family because we are all in the same party. For me when they talk about suspension – initially it was querry and as speak with you today, I have not seen the query.

    The next one was suspension and as I speak to you today, there is no letter of suspension, so I want to believe that maybe it was discussed, maybe the chairman and other people feel that one way or the other we must get this matter solved rather than pursuing this line of action. But I believe  that the way things are right now it is something we can still discuss and  resolve. It is  something we can sit down and talk over. I belong to the APC, I don’t belong to any other political party.

    As for working for the President, anybody can sit down in Abuja and say oh, he didn’t work for the President. But I worked for the President. I was in his campaign strategy committee of 16 and I will make bold to say that it was only two of us from the Southwest who were meeting every two weeks in Abuja. I was living in Ibadan, I was not a governor then. I went round with him before he won primaries as the Presidential candidate of the party.

    So, I have paid my  dues. I supported the President and the President reciprocated in  that when a little crises was about to start about my primaries, it was the same President who said look, I watched the  programme on telly and this primary  for  me looks free. I am not going to be part of anybody to say go and do other things. He didn’t say more than that. All he said was look Mr. Chairman of the party, that was speaking to Mr. Odigie Oyegun,  do what is right. I watched it,  it was free and fair, so he reciprocated and when a lot of pressure was mounted on him not to even attend our rally, he came and for me that was more than enough solidarity.

    So, if someone did that for me, can I then ever work against him? Who then did I work for? Is it somebody that never approached me, never spoke to me? How could I have worked for anyone else? His other opponent was Atiku Abubakar. We never met; we never spoke. How is it possible for me to work for any other person other than President Buhari? It is not possible. So, I worked for him very well. We might have lost the election here; there are reasons why we lost elections on the Presidential ticket here and it is so clear.

    How so?

    It is not easy for him to win because Akure has the population. All that happened was that Akure felt that look, oh their son Eyitayo Jegede (SAN) who had wanted to be the governor of the state is working with Atiku now, and if Atiku wins Eyitayo Jegede may become the Attorney-General of the Federation that was the rumour going on then and if he becomes the Attorney-General, he could always come back to contest as  the state governor. Akure people went all out to support the Peoples Democratic Party (PDP). Everybody was surprised but that was what happened.

     What of your support for other party members?

    When they claimed that I did not support Senator Ajayi  Borofice, but Borofice won, is it not enough? Every other person they claimed that I did not support won election. Tell me what else they wanted me to do.  We supported Alashe Adura from Akure with everything we had, Alashe Adura lost. He is there. Go and ask him. It was the Akure factor. Ok tell me, is it because my party chairman, Comrade Adams Oshiomohole and Governor Godwin Obaseki did not support President Buhari in Edo State and that is why the President lost in Edo? No. You see, anybody can lose election anywhere. Buhari did not lose election here because I did not support him. I supported him and wouldn’t have supported anyone else other than Buhari. I supported President Buhari with all my strength. I wouldn’t have supported any other person.

  • Akeredolu: Bench, Bar must rebuild their reputation

    Ondo State Governor Oluwarotimi Akeredolu (SAN) served as Nigerian Bar Association (NBA) president. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he gives account of his stewardship in the past two years, and calls for legalised and regulated cultivation of medical cannabis.

    • ’My Thailand Indian hemp trip’

    As a former NBA president, what are your thoughts on the legal profession?

    Well, as for me, we have a lot of wrong perception in the country now and I believe that it is wrong although we practitioners too have not helped ourselves. We are probably to blame for a number of those things. Perception, not only lawyers, the moment anything affects the judiciary, it affects you as lawyers.  A situation where we have the Chief Justice of Nigeria (CJN) going through trial, there  is no way it will not rob off on the profession including the NBA. If for one reason or the other, rightly or wrongly, the NBA President is also being tried, there  is a problem. Now the issue of the NBA President, I have made efforts to look at it. And for me if you are not careful, all of us can run into that problem.

    How do you mean?

    All of us because a number of times you handle cases for governors and probably you are a lead counsel, the money paid to you is not for you alone. Never. Most times such money is not for you alone. So, if money like that is paid, if you are not careful, they will say it is being laundered through your office. We have a Bar, the President is being tried, the CJN is being tried. I pray that the NBA  president comes out of this well. If he does, then we have to come together to build the reputation of the Bar again, that is the way I see it. Apart from the President, a number of our colleagues have been tried and some convicted. Other senior lawyers are still undergoing trial with judges and so on. These are things that have given us negative perception. Something has to be done. It may not be done by Paul Usoro as NBA president. Maybe after his tenure we have a president who  gives a different image and all of us can walk in because when all these trials start, to wash yourself clean may not be very easy. We cannot condemn anybody here because anybody could have fallen victim of this.

    You have been in office for over two years. How has it been?

    Well it has been a worthwhile experience and let me say, I had time to plan to come here. I ran for the office once and got it the second time. So, I am supposed to have enough time to plan for it and I did. And coming here, I had my focus. Essentially my focus was the people. When I talk about the people, it is not necessarily my party members who have quarreled with me over time, and are still quarrelling because I just believed that look, when  you talk about people, it is the generality of people which includes my party members. Your focus cannot be your party members alone. Your focus must be the generality of the people of Ondo State. I was convinced that if you are going to make any impact, you need  to do things that will last long, that the people will be the ultimate beneficiaries of.

    So, I said well, something has to be done about infrastructure. I set at it with everything I had, and developed my own  model which is not the common or conventional one. We got contractors to work without being paid. How they accepted this I don’t know. A few of them  felt that well, we have a lot of  trust  in you, ‘why wont we do it? We know that you will pay’.   So, people started work on road construction and other areas and so on.

    They got to 30 perc ent before they were  paid a dime. That approach made whatever  work that they were doing to be of high quality. They set the standard  before they were paid. That is how we set what people came to refer to as Aketi standard for road construction.

    What about education?

    On education, for years my predecessor did not believe in the type of primary  schools  that we have, that SUBEB or UBEC at Federal level will  support. Everybody has his own style. He felt ‘why don’t I spend money to build mega schools?’ and that was good for him. But for me it wasn’t something I was going to embark on because I am learning from his experience. I could see practically what mega schools had suffered.

    What have they suffered?

    The issue of attendance is very poor and some of the facilities are wasting away. So, I felt that I would still approach the primary school education and the improvement of infrastructure through the SUBEB and UBEC  way. So I got money, we paid our counterpart fund. For about four five years we had not paid. So, we got money, paid our counterpart fund and that led us to work on primary schools from over 700 schools. We have constructed new classrooms in some of them. We have repaired so many. We have toilet facilities. We have their recreational facilities. We have solar power to provide  them light. You can see so many schools all over the state, at all the nooks and crannies of the state.

    The other approach is that I said look, our Internally Generated Revenue (IGR) is very poor. It was oscillating between N600 to N700 million maximum when we came in. It never exceeded N700 million and I said no, we cannot continue in that way. So we got consultants who had to come and work for us and luckily for us now we are getting about N1.5billion and still moving ahead. Luckily again for us when the Federal Board of Inland Revenue did their rating and Ondo State was rated number one in the country in terms of revenue generation, not that we are generating surplus or much but, in relation to what we used to generate and what we have now, the percentage increase in relation to what we used to have ,we are number one. It is on record and was announced, so we thank God for that.  Then  we were determined that we must industrialise the state. I travelled to China and had discussions here and there and today we decided to have the Ore Industrial Park. If you go there, about five or six  major industries are coming up. Some have even come up. We have plywood. We have MDF. We are the only one selling in this country now. We have cassava to ethanol which has been completed.

    What is the debt situation?

    We are paying debts owed by past administrations.  I said that government is a continuum. There were so many people that the government was owing and I remember somebody saying, what is this man doing, his party members have not got anything and he is busy  paying salaries and debts owed by other administrations in the state. People have worked, they were owed about seven months without pay and for me, I have settled about six months out of that and have only one month left. So, by the time we get the next Paris Club funds we will settle that.

    Is your administration debt-free?

    Since we came into office for over two years we have not owed a dime. Consistently for over two years we have not owed a month salary. We are paying those working for us. It is important for us to do that because I believe that every labourer deserves his wage.  I am not sure that an interview like this can capture all that we have achieved. When I was coming into office, I mentioned to them in Ore that the rate of accidents at that junction is high, that we’ll have a flyover over at Ore. They said every government has been saying so. But we have started. We have done the pilling, which is completed. I am sure that before the end of the year, you will see the flyover over Ore. This is part of what we are set to do. The roads in Owo are there and many places all over the state because infrastructure has been key to us.

    It is widely reported that you are calling for commercial production of Indian Hemp otherwise called cannabis. What is your reaction to this?

    I am a lawyer. I am aware of the Single United Nations Convention on Narcotics 1961. We we were part of it. My understanding of that convention is that it would discourage accumulation of cannabis by its cultivation and so on. But other countries have found ways to legalise cannabis, so many countries in Europe, because there is  what is called medical cannabis. When you discover a cannabidiol, whether it’s the STS you find, or CBD oil you find, whichever one you want to find in cannabis its use today is there for medicinal purposes. We cannot deny that fact. How can we as a country or as a state where you have potential, you have good soil and these things are growing and is known everywhere, people are in search of it – I am aware for instance that in Canada they have about one and half years shortage, they need these things. So, how do we now fold our hands and keep pursuing our people? I said we can have controlled cultivation.

    How do you control it?

    The National Drug Law Enforcement Agency (NDLEA) will license you, take your area cover and you have their officers there to monitor so it doesn’t go into anybody’s hands. There is no way they can even take cannabis out of the country. If we have controlled cultivation then they can have facilities to extract the M Oil. Then the M Oil is packaged and sent to them for use for medical purposes. That is all about it. I said that Ondo State with our strain with the type of cannabis we have here, it has been taken out and tested and confirmed that we have the best strain in the world. They are three species here namely those that grow by river, those that grow upland and so on.

    The specie that is grown within Ogbesse here and Amowuya is the best so I believe that we can take advantage of it now before it is late.  It is believed that we have about $140billonn worth of it in the state, so why can’t we explore how to legally harness it for the benefit of the country? Even if it is S40billion we get, it is something for the country. That is why we went to Thailand to study how they do it. They are still at baby stage but they have put in laws to  allow for this cultivation. In their case, there was a time they were part of the golden triangle, growing puppies of Opium and so on. People have left it now and we can equally make people to leave illegal cultivation of Indian Hemp by bringing some sustainable development, bringing some cottage industries to them and make them part of those who work in the farm which is legalised. So, I believe that at the end of the day, it will be a win-win situation for Ondo State. We should not lose out of this big trade opportunity that is coming up when it eventually comes in the form of medical cannabis.

    Why did you go to Thailand?

    I  did  not go to Thailand to  learn  how to cultivate Indian Hemp. It is cultivated everywhere and everybody knows this. We only went there to see the pathway, to map out the pathway for legalised cultivation and export and use of cannabis here. We have our universities here and they can carry out a lot of research. A friend of mine was with me the other day and told me that he bought one Indian Hemp cannabis product from the United States of America for hair growth, his own  hair has changed. There is one for memory loss and so on.

    How do you get funds to pay salaries and still carry out infrastructural projects?

    Well we looked at what comes  to us from Abuja and from it the first line of charge is salaries, after that, whatever is left we make use of it. Whatever we get from IGR we make use of it. We cannot do more than that. There are some challenges now. We are looking at it that we may borrow some money. There  is nothing wrong with that because a number of our contractors are now  being overstretched. So, we need to give them more money. They have done substantial work that they need to be paid. The IGR may not meet it so along the line we may have to borrow. There was a time I said give us one month and let us owe you, they said no way and when I saw their reaction I said what do I do. In my first speech to them I told them that I won’t owe them salary, I am committed to it.  I am duty bound to continue that way and I will continue as much as possible to do that.

    About the time they made demand for the payment of the one month arrears which Mimiko was owing them, a union leader said I know how much  that came and how much that has been spent, there is no money,  it is not possible, so let us not stress it. Most of them work in government and they know when money comes in so if I had spent it anyhow, they would have revolted.

     What is your reaction to the seeming crises within  the state chapter of the APC? Is it true that you did not work for President Muhammadu Buhari’s re-election?

    Well for me our party has had its own problems which started from the last party primaries in the state. Whether we want to take it or we want to pretend, we must own up to the fact that we had that crises and there must be a way to solve it. And I believe that the way to solve it is not all these talks about suspension or no suspension. That is not the right approach.

     What do you consider to be the right approach?

    The right approach is for leaders to sit down and look at it holistically. I failed to communicate with you, or if I  reacted in a way  you did not like or did not react at all, let us see, bury the hatches and move forward as one family because we are all in the same party. For me when they talk about suspension – initially it was querry and as speak with you today, I have not seen the query.

    The next one was suspension and as I speak to you today, there is no letter of suspension, so I want to believe that maybe it was discussed, maybe the chairman and other people feel that one way or the other we must get this matter solved rather than pursuing this line of action. But I believe  that the way things are right now it is something we can still discuss and  resolve. It is  something we can sit down and talk over. I belong to the APC, I don’t belong to any other political party.

    As for working for the President, anybody can sit down in Abuja and say oh, he didn’t work for the President. But I worked for the President. I was in his campaign strategy committee of 16 and I will make bold to say that it was only two of us from the Southwest who were meeting every two weeks in Abuja. I was living in Ibadan, I was not a governor then. I went round with him before he won primaries as the Presidential candidate of the party.

    So, I have paid my  dues. I supported the President and the President reciprocated in  that when a little crises was about to start about my primaries, it was the same President who said look, I watched the  programme on telly and this primary  for  me looks free. I am not going to be part of anybody to say go and do other things. He didn’t say more than that. All he said was look Mr. Chairman of the party, that was speaking to Mr. Odigie Oyegun,  do what is right. I watched it,  it was free and fair, so he reciprocated and when a lot of pressure was mounted on him not to even attend our rally, he came and for me that was more than enough solidarity.

    So, if someone did that for me, can I then ever work against him? Who then did I work for? Is it somebody that never approached me, never spoke to me? How could I have worked for anyone else? His other opponent was Atiku Abubakar. We never met; we never spoke. How is it possible for me to work for any other person other than President Buhari? It is not possible. So, I worked for him very well. We might have lost the election here; there are reasons why we lost elections on the Presidential ticket here and it is so clear.

    How so?

    It is not easy for him to win because Akure has the population. All that happened was that Akure felt that look, oh their son Eyitayo Jegede (SAN) who had wanted to be the governor of the state is working with Atiku now, and if Atiku wins Eyitayo Jegede may become the Attorney-General of the Federation that was the rumour going on then and if he becomes the Attorney-General, he could always come back to contest as  the state governor. Akure people went all out to support the Peoples Democratic Party (PDP). Everybody was surprised but that was what happened.

     What of your support for other party members?

    When they claimed that I did not support Senator Ajayi  Borofice, but Borofice won, is it not enough? Every other person they claimed that I did not support won election. Tell me what else they wanted me to do.  We supported Alashe Adura from Akure with everything we had, Alashe Adura lost. He is there. Go and ask him. It was the Akure factor. Ok tell me, is it because my party chairman, Comrade Adams Oshiomohole and Governor Godwin Obaseki did not support President Buhari in Edo State and that is why the President lost in Edo? No. You see, anybody can lose election anywhere. Buhari did not lose election here because I did not support him. I supported him and wouldn’t have supported anyone else other than Buhari. I supported President Buhari with all my strength. I wouldn’t have supported any other person.

     

     

  • Alleged N9.79b fraud: Court rejects request for bench warrant on Suswam

    Alleged N9.79b fraud: Court rejects request for bench warrant on Suswam

    •Judge warns ex-governor against absence 

    A Federal High Court in Abuja yesterday rejected a request to issue a bench warrant on former Benue State Governor Gabriel Suswam.

    Justice Gabrial Kolawole, however, warned Suswam not to push the court to a state where it will compel him to attend court.

    The Office of the Attorney General of the Federation (AGF) on March 27, filed a 32-count charge against Suswam and two others, accusing them of diverting N9,791,602,453.8, part of which was meant for police reform and the Subsidy Reinvestment and Empowerment Programme (SURE-P).

    The others are the Finance Commissioner during Suswam’s tenure, Omadachi Oklobia and former Accountant, Benue State Government House Administration, Mrs. Janet Aluga.

    They were to be arraigned on the new charge on April 11, but for the absence of Suswam, who was in the custody of the Department for State Services (DSS).

    The development prompted Justice Kolawole to order the DSS to produce him (Suswam), and adjourned to yesterday.

    The DSS released Suswam on May 7. He was in court on Wednesday when his lawyer, Joseph Daudu (SAN) withdrew the N10 billion rights’ enforcement suit he filed against the DSS, which Justice Kolawole struck out.

    But yesterday, Suswam was not in court. Oklobia and Mrs. Aluga were present. The ex-governor’s lawyer, Miss C.E Ogbuozor, said Suswam was admitted in hospital for hypertension-related ailment, which allegedly arose due to his prolonged stay in the DSS custody.

    She said: “After his release from the custody of the SSS (DSS), he met with us, his lawyers and explained to us that, owing to his detention, he has been unable to keep up with his medical checks or take his medication for a hypertensive medical condition, which he had.

    “Having stayed in detention for over 70 days, he proceeded to see his doctors, who after due examination, advised that he be placed on bed rest and subject to his doctor’s observation.

    “We have also been issued with a report, which we have furnished the prosecution this morning. Out of respect for this court, the lead counsel, Mr. J.B Daudu (SAN), had to bring the first defendant to court yesterday (Wednesday) for his civil matter.

    “Today, we made effort to secure his attendance in court this morning, but unfortunately, his doctors would not oblige us.

    “In view of the foregoing, we sincerely crave the indulgence of the court for an adjournment to enable the first defendant to attend his trial to take his plea and to also prepare on the appropriate plea on each of the 32 counts, which we confirmed were duly served on him personally on May 8, 2017 following the orders of this court,” she said.

    Prosecuting lawyer Aminu Alilu said he was not served with any medical report from the defence.

    He said: “His (Suswam) presence in court yesterday showed that the condition is not as complicated as the counsel presented it.

    “We urge your lordship to invoking Section 131 of the Administration of Criminal Justice (ACJ) Act, by which my Lord is empowered to issue a warrant of arrest on the first defendant, and we so pray.

    “But, we are not opposed to the adjournment since the arraignment cannot go on today in the absence of the first defendant,” Alilu said.

    Lawyers to other defendants, F.R. Onoja (for Oklobia) and Innocent Da’agba (for Aluga) agreed with Miss Ogbuozor and prayed the court not to grant Alilu’s request for a bench warrant on Suswam.

    When a copy of Suswam’s medical report was shown to him, Alilu faulted the document, insisting that the situation requires that a warrant of arrest be issued on the defendant.

    Alilu said: “I just saw the medical report tendered by the first defendant. They said the report was from a private hospital and there ought to be an affidavit by the doctor, who signed it, informing this honourable court, on oath, the ailment of the first defendant stated on the medical report.”

    Justice Kolawole observed that Suswam attended court the previous day.

    The judge, however, faulted Alilu’s argument, noting that he did not support with any judicial authority his argument that a medical report issued by a private hospital, as against a government hospital, must be backed with a supporting affidavit deposed to by the doctor, who signed it.

    Justice Kolawole said Alilu’s argument would not prevent the court from accepting the medical report, dated May 10.

    The judge warned Suswam against being absent in subsequent proceedings, and adjourned till June 19 for arraignment.

  • There was once a bench

    Chief Justice, I am glad you gave that judgment, because I want you to feel free. If I commit a crime or do wrong in your opinion, to say so……if I am brought before you, send me to your jail—this is the way I want the judiciary to perform. You will never waver from the truth”.

    These were the words of the late Prime Minister, Sir Abubakar Tafawa Balewa to the first indigenous Chief Justice of Nigeria, Sir Adetokunbo Adegboyega Ademola in 1961 as published by Mr. Trevor Clark on page 541 of his book titled “A RIGHT HONOURABLE GENTLEMAN”.  Clark, a Briton, worked in the colonial administrative service in Nigeria from 1948-1977. Sir Ademola was the longest serving Chief Justice of Nigeria (1958-1972). The case Sir Abubakar was referring to involved the National Bank of Nigeria and Federal Government over an attempt by the Federal Government to probe the bank on certain allegations. But the Supreme Court then ruled against the Federal Government.

    Clark later described Justice Ademola on page 363 of that book” as a cultivated man with a quiet manner”. In 1964 Sir Ademola, spoke out publicly once more for his brethren on the bench, calling the abolition of appeals to the privy council premature, and the abolition of the Judicial Service Commission deplorable:” The day that judges have to take instructions from politicians, or to acquaint them with their decisions beforehand, it will be time for us to pack up and go”. Kudos must be given to Justice Ademola and others for establishing the integrity of the Nigeria’s Judiciary.

    He was the son of Alake of Egbaland, Sir Oladipo Samuel Ademola II (1872-1962), who reigned from September 1920 to 1962. Despite being appointed Chief Justice over first the African to serve in the Supreme Court of Nigeria in the person of  Justice Samuel Olumuyiwa Jibowu (1899-1959), husband to Mrs. Cecilia Jibowu nee Alakija and Lady Deborah Jibowu of Iddo Ajinare in Ekiti State, Justice Ademola performed his duties creditably and was non partisan. Justice Ademola served as Chief Justice of Western region in 1955 and was appointed Chief Justice of Nigeria on April 1, 1958. During his tenure and after his tenure, the Nigeria’s Judiciary was held high to the extent that there was a high demand from other countries for Nigeria’s Judges.

    Sir Lois Nwachukwu Mbanefo (1911-1977)from Onitsha and believed to be the first lawyer from eastern region of Nigeria was called to bar in 1935 and served in 1961 as an ad hoc judge at the International Court of Justice at the Hague, Netherlands. Justice Charles Dadi Onyeama (1917-1999), father of the present Minister of Foreign Affairs, Geofrey Jideofor Kwusike Onyeama (60), was an associate Justice of the Supreme Court from 1964-1967. His contemporaries then were Justice Eugene Olufemi Morgan, Justice John Idowu Conrad Taylor (1917-1973), Justice Michael Oguejiofo Ajegbo, former Attorney-General of Eastern Region, Justice George Baptist Ayoola Coker(1917-1991), Justice Chukwunikweike Idigbe and Justice  Lionel Brett.

    He was appointed Judge of International Court of Justice in The Hague in 1966 and served till 1976. Justice Taslim Olawale Elias (1914-1991) was Chief Justice of Nigeria between 1972 and 1975. He was elected by the General Assembly and the Security Council of the United Nations to the International Court Justice at The Hague. In 1979, he was elected Vice-President by his colleagues on that court. In 1981, after the death of Sir Humprey Waldock, the President of the Court, he took over as Acting President. In 1982, the members of the court elected him President of the Court. He thus became the first African Jurist to hold that honour. Five years later, Elias was also appointed to the Permanent Court of Arbitration at The Hague.

    General Thomas Johnson Umanakwe Aguiyi Ironsi(1924-1966) appointed in January 1966 the former director of Public Prosecution in Eastern Region of Nigeria Chief Michael Chike Gabriel Onyuike (1922-1993) from Awka, as Minister of Justice and Attorney General of the Federation. After his tenure he later served as Justice in the High Court of Tanzania between 1970 and 1974.

    Prince Bolasodun Adesumbo Ajibola (82) served as a Judge of the International Court of Justice at The Hague between 1991 and 1994. Justice Timothy Akinola Aguda (1923-2001) from Akure in Ondo State was the pioneer Chief Justice of Botswana when the landlocked country gained its independence September 30, 1966. Justice Egbert Udo Udoma (1917-1998) from Ikot Abasi,Akwa Ibom State,  was the first Chief Justice of Uganda from 1963 to 1969. He handled the Buganda crisis case in 1965. Justice Udoma handed over handed over to Justice Dermot Joseph Sheridan who later became the first indigenous Chief Justice of Uganda. He is the father of the present Minister in charge of Budget and Planning, Senator Udo Udoma. Justice Emmanuel Olayinka Ayoola (83) from Ilesha, Osun State, served as a Justice of the Court of Appeal in the Gambia between 1980-1983. He later became the Chief Justice of the Gambia between 1983 and1992. He was Vice President of the World Judges Association in 1991.

    That was then. Not now.

    One can see the shock and disappointment when one read the arrest and persecution of some judges recently. We can’t be all wrong. If we miss our way I guess it is the bench that must serve as the torchlight to show us the way. In spite of what has gone wrong in the bench there is still hope.

    Section 211 of the 1979 constitution says “the appointment of a person to the office of Chief Justice of Nigeria shall be made by the President in his discretion subject to confirmation of such appointment by a simple majority of the Senate. The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the advice of the Federal Service Commission subject to approval of such appointment by a simple majority of the Senate. But Section 231 of the 1999 constitution says that (1) the appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate. (2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

    Sections 230 to 296 have given wide powers to the National Judicial Council to carry out necessary reforms within the judiciary. The members of the National Judicial Council are Hon. Justice W. S. Nkanu Onnoghen, CFR, Acting Chief Justice of Nigeria, chairman; Hon. Justice I. Tanko Muhammed, CFR; Justice of the Supreme Court, Deputy Chairman, Others are Hon. Justice Z. A. Bulkachuwa, Hon. Justice E. O. Ayoola, CON; Hon. Justice S. A. Akintan, Hon. Justice I. F. Ogbuagbu, CON, Hon. Justice Umaru Abdullahi, CON, Hon. Justice V. O. A. Omage, OFR, Hon. Justice I. N. Auta, OFR, Hon. Justice B. A. Adejumo, Hon. Justice Kashim Zannah, OFR, Hon. Justice Nasir A. Ajanah, CON, Hon. Justice A. N. Nwankwo, CON, Hon. Justice M. L. Abimbola, Hon. Justice Okoi Ikpe Itam, Chief Judge, Hon. Kadi Mukhtar Imam Jega, Hon. Justice Julia Asabe Kyentu, Mr. A. B. Mahmoud, OON, Mr. Augustine Alegeh, SAN, Dr. Garba Tetengi, SAN, Lady Debbie Obodoukwu, Mr. Tijjani Inuwa-Dutse, ESQ., Hajiya Rakiya Sarki Ibrahim, MON, Mrs. R. I. Inga, Retired Public Servant (Permanent Secretary) Danladi Umar Halilu, Esq., OON (Secretary).

    If you look at the profiles of members of the council, I am sure you will never doubt their integrity. The submission is for us to allow them to carry out the required exercise, not only rooting out corrupt judges but also in the appointment of judges. As they say in Latin – Post cineras Gloria venit—meaning after death comes glory. They can still bring back the old glory to the bench. It is not impossible.

    • Teniola, a former director at the presidency, stays in Lagos.
  • Body of senior advocates want Bar, Bench to confess their sins

    A senior Advocate of Nigeria (SAN), Mr Gbenga Awomolo  has called on the Bar and the Bench to humble themselves.

    Awomolo spoke on behalf of the  body of the senior advocates of Nigeria at the 2016/2017 new legal year in Abuja on Tuesday.

    According to him, this is not the time for blame games but a time for humble reflection.

    “This is the time to humble ourselves and confess our sins and turn to the Lord for forgiveness.

    “This is the time to plead with those senior advocates who claimed that they know those who are corrupt.

    “They should name them, our judges should play above ‘god ‘ in their decisions for allegations of corruption are so severe,

    “How can we clear the bar and the bench from this mess that  have brought  it so low before the eyes of the public.

    Earlier, Mr Abubakar Malami,(SAN), the Attorney General of the Federation, promised that the executive would bring to the courts cases of cogent nature and of substance.

    He said every citizen in the FCT should be given court services irrespective of religion or tribe and that the judiciary should place value in the discharge of their duties.

    Also, FCT Chief Judge, Justice Ishaq Bello, admitted that the judiciary was going through a trying time and they FCT judiciary was trying to be seen as an exemplary one.

    “These are indeed trying times for the judiciary of this country. I am bold to say that the judiciary is determined to eradicate corruption within its fold and it seeks the support of relevant agencies,

    “However this should be within legal limits and in line with laid down rules and procedure “he said (NAN)

  • Bar, Bench in people’s court

    Bar, Bench in people’s court

    These are unusual times for the Bar and the Bench. Lawyers and judges have come under attack for alleged corruption. Economic and Financial Crimes Commission (EFCC) Chairman Ibrahim Magu is calling on the Nigerian Bar Association (NBA) to purge itself of those he called “vandals in the temple of justice”. Lawyers have challenged him to name such people. Chief Justice of Nigeria (CJN) Mahmud Mohammed and NBA President Augustine Alegeh are also not keeping quiet on the claim that the judiciary is corrupt. How can this perception be corrected? JOSEPH JIBUEZE reports.

    It was a turbulent week for the Bar and Bench. First, a Senior Advocate of Nigeria (SAN)  Rickey Tarfa was arrested on a court premises and charged by the Economic and Financial Crimes Commission (EFCC) with alleged obstruction of justice. A few days later, it was reported that five SANs were under probe over the Halliburton scam.

    The judiciary is also under attack for its handling of corruption and election cases. President Muhammadu Buhari fired the first salvo about two weeks ago when he expressed doubt about the judiciary’s commitment to his administration’s anti-corruption war.

    EFCC Chairman Ibrahim Magu,  at a meeting with the Nigerian Bar Association (NBA) executive members, urged the body to purge itself of those he called “vandals in the temple of justice”.

    He said: “We must tell ourselves the truth: there are lawyers within the fold of the NBA who ought not to be among your noble ranks. Those people are not fit to be called ministers; rather, they are vandals of the temple of justice…

    “Notwithstanding our hard-won successes, we are very worried that on a number of occasions, some members of the NBA have elected to side with those who do not want the good of Nigeria. I believe it is part of the professional ethical code of lawyers to ask questions as to the source of their clients’ wealth.”

     

    CJN, Alegeh kick

     

    Chief Justice of Nigeria (CJN), Mahmud Mohammed and NBA President Augustine Alegeh (SAN) decried the corrupt tag on the judiciary. Justice Mohammed said the barrage of criticisms against the judiciary is as a result of ignorance of its operations. Alegeh faulted the “total condemnation” of the third arm of government.

    They spoke in Abuja at a valedictory court session for retiring Justice Muhammad Saifullahi Muntaka-Coomassie of the Supreme Court.

    The CJN said: “The judiciary, though constantly striving to redress wrongs and tilt the balance in favour of that which is right, has recently had to face the backlash of misguided opinions fashioned without due consideration of the law and rationale for the system of government that we operate. The judiciary is duty bound to act in accordance with the dictates of the law as it stands and not as critics would like it to be.”

    Alegeh deplored what he described as the “generalisation and/or categorisation” of the judiciary as corrupt and a stumbling block to the Buhari administration’s war against corruption.

     

    Are graft allegations against lawyers misplaced?

     

    Are allegations of corruption against lawyers misplaced? Constitutional lawyer Prof Itse Sagay (SAN) believes there is substance in the claims. He said: “The most blameworthy are senior lawyers — a number of senior advocates who have made it a speciality; who have developed particular skills to kill corruption cases so that their clients, after many years of delays and frustrations of prosecution, end up going away with their loot.

    “And such lawyers, of course, share in the proceeds of crime. They get a part of the loot and that is why you see them buying private jets and so on. That amount of money from the proceeds of crime has completely blunted their consciences and they are as active as the accused persons — the looters — in trying to protect the loot because part of the loot now belongs to them by association.”

    To activist-lawyer Ahmed Adetola-Kazeem, senior lawyers are viewed as enemies of the common man. According to him, the feeling on the streets is that lawyers have teamed up with politically exposed persons to milk the state and by extension Nigerians dry. To him, the drum is beating louder and he hopes it does not get to a stage where lawyers will be mobbed on the streets.

     

    What lawyers should be

     

    In the book, Professional Conduct of Legal Practitioners in Nigeria, Prof J.O. Orojo, quoted the late Ghanaian president Kwame Nkrumah as saying: “In a developing country, the first priority is not for lawyers trained to conduct litigation between wealthy individuals … The lawyers needed in a developing state are, in the first place, those trained to assist the ordinary men and women in their everyday legal problems and particularly in the new problems likely to arise through industrialisation …”

    President Kenneth Kaunda, in an address to the Law Society of Zambia in 1970, was quoted as saying: “The lawyer in a developing society must be something more than a practising professional man; he must be more even than champion of the fundamental rights and freedoms of the individual… “

    A former CJN, the late AdetokunboAdemola, said: “Nigerian legal practitioners must be able not only to perform their traditional functions of catering for the professional needs of the citizens, of administering justice and manning the various legal institutions of the state, but they must also be involved in social change; they must be committed to law reform to ensure the harmonisation of law with the culture of the people and they must strive to ensure a strict adherence to the rule of law and among other things, ensure that the newly acquired political power is carefully watched and controlled so that it is not used to protect or perpetuate the status quo or class domination.

    “As the watchdog of the people, they must, through their independence and total commitment to social justice, provide the necessary support to sustain equally independent and fearless judiciary, the last hope of man for law and order, peace and progress.”

    In the past, lawyers were viewed as emancipators of the common man because of the activities of the likes of the late human rights crusader Gani Fawehinmi (SAN), among others.

    According to Adetola-Kazeem, the court which used to be viewed as the last hope of the common man is now mockingly viewed as the “lost hope of the common man”. The NBA, he believes, must rise up from its slumber and assume its rightful place as the voice of the voiceless and the hope of the common man.

    “We must find our identity and remain determined to have an expression of who we are as lawyers – which is naturally and principally to serve the common good without allowing economic, social, political, ethnic, religious or any prejudice whatsoever, to dictate the performance of our professional duties for the good people of Nigeria. These are the obvious challenges stirring at us, but we must resolve to be who we ought to be,” he said.

     

    In judiciary’s defence

     

    • Justice Adebajo (rtd)
    • Justice Adebajo (rtd)

    A former Lagos State High Court judge, Justice Ebenezer Adebajo, does not agree with Magu’s views. “I wholly disagree with them. I totally disagree with the President. I think the President’s view is wrong,” he said, referring to claims that the judiciary delays corruption cases.

    To begin with, Justice Adebajo said the executive has not done enough to stamp out corruption by retaining immunity for public office holders.

    “There is nobody in Nigeria who has immunity, not even the President of Nigeria. It is only that there is a special procedure in bringing the President to court for any offence. The law does not grant 100 per cent immunity. The law only dictates that under certain circumstances, some persons, proceedings can only be initiated against some persons in a particular manner,” he said.

    He, however, believes that the Bar must do more to entrench ethics in the profession. “I believe that Mr. Magu might have been referring to the lack of ethics in the profession. I think that is where the focus should be – to find a way of re-establishing the absolute reign of ethics.

    “If there is ethics, nobody will be stalling proceedings in court just for the sake of stalling proceedings. I think that is where we should look at, not to say judiciary is corrupt. It is a meaningless statement. We are lucky to have the type of judges we have in Nigeria.

    “As far West as the Gambia and as far South as Luanda, Nigerian Law Reports are in use by the highest court in those countries. So, why should we be demeaning our judiciary? Why should we be demeaning persons who have given themselves to the serve the people of this country?

    “Let us start with professional ethics. That is where we should start from; that is where we should turn our focus, professional ethics,” Justice Adebajo said.

    Asked how the Bar and the Bench can assist in the fight against corruption, Justice Adebajo said: “If they say something is badly constituted, the court would not say it has been properly constituted. So it is a matter of getting sufficiently qualified person to prosecute cases in court and you would see that the judges are able to do what the law asked them to do. Judges are not afraid of doing what the law says.”

    • Daudu
    • Daudu

    A former NBA president Joseph Daudu (SAN) does not agree with Magu. “No. It is extremely impolite and scurrilous for the chairman of the EFCC to refer to lawyers as ‘vandals’ in the temple of justice,” he said.

    Daudu argued that lawyers are trained to offer legal services, which include prosecution and defence of persons alleged to have committed criminal offences.

    “It is absolutely corrupt for any person, no matter how highly placed, to say that lawyers should not defend people who have been branded as corrupt. This is how Hitler and other practitioners of totalitarianism started,” Daudu said.

    He believes anyone accused of committing an offence is entitled to be defended by a lawyer of his choice.

    “It is absolutely wrong and immoral for law enforcement agencies to view lawyers as the source of their troubles. I think the defence of accused persons would be more interesting if and when prosecuting agencies did their work well,” he said.

    The former NBA chief also does not agree that the judiciary suffers from a perception crises.

    “The so-called negative impression on the judiciary by no other arm of Government than the Executive is propaganda-driven. The function of the judiciary is not to prosecute for and on behalf of the executive but to adjudicate fairly and in accordance with the law and justice.

    “The problem with this executive (Buhari led) is that it either does not understand the foundation pillars of the Nigerian Constitution, which are; (a)  the rule of law (b) separation of powers (c) independence and impartiality of the judiciary. The judiciary does not take orders from the executive,” Daudu said.

    Daudu, however, agrees that the bad eggs within the judiciary must be ridden of. “The level of corruption in the executive is both historical and legendry. However, the judiciary has some bad eggs but it is not such that can be characterised as institutional corruption,” he said.

    On whether he thinks the Bar and Bench need to do more in the fight against corruption, Daudu said: “We have consistently maintained that that there is a need to find solution to the menace of corruption but this scourge can only be fought in accordance with the tenets of the rule of law and due process.

    “The simple truth is that corruption cannot be fought in a day. The structures for anti-corruption are deliberately laid down over a while. They are not impulsive or selective or actuated by bad faith. The present anti-corruption crusade is headed for failure if not implemented property or faithfully.”

    • Fagbohungbe
    • Fagbohungbe

    For Chief Felix Fagbohungbe (SAN), one of the elders of the Bar, allegations of corruption without proof are designed to scandalise the judiciary. He said there is no society anywhere in the world where there are no bad eggs; yet, there are also good men. Where there is evidence of corruption against anyone, including lawyers, they should be charged.

    “But for EFCC chairman to say that, they have all the records of the people under investigation. They can do same on all the judges if they want to. They don’t need to go to the press and be stating all these things to the press. To the outside world, it would mean that the entire judiciary of Nigeria is corrupt.

    “So, all I would suggest is that if there are specific issues or isolated cases or individuals that have been identified, then of course they can deal with those people. But to bring the entire judiciary, to scandalise them and say that the entire judiciary is corrupt, I don’t agree with that.

    “So, it is not for the chairman of the EFCC to say that they corrupt or that they are this way or that way. If he has any report on any one of them, he should bring it out and prosecute those people. It is not for you to speak to the press and be making allegations. It is too general,” Fagbohungbe said.

    The senior advocate said the heads of the three arms of government could come together to find a common solution; but one arm, he said, should not run down others. “It is not for the executive to run down the judiciary,” he said.

    Fagbohungbe said EFCC should not blame the judiciary when it does shoddy investigations that gets thrown out by the courts.

    “Many of these things are just sensational. We read them in the newspaper and at the end of the day, you will just discover that it has died down all because either they didn’t do thorough investigation or because they don’t have evidence to even prove the allegation.

    “In the meantime, they would have destroyed the name of the people alleged to have committed such offences. Trial in the public or newspaper or other news media is not proper here. Proper investigation and proper prosecution is what I support here,” he said.

    On how the Bar and the Bench can help fight corruption, Fagbohungbe said: “They are partners in the fight against corruption. The bar will always support the bench, the bench will take the cooperation of the bar and they would work together.

    “If they want to set up any specific panel, when Kayode Eso’s panel was set up, some lawyers were part of the panel at every level, the state and the national level. So, if they set up any panel, NBA will support and cooperate with them. There is no doubt about that.”

    Another SAN, George Oguntade, said it was not fair to characterise the judiciary as corrupt. On Magu’s statement, he said: “I will say that this is a most unfair generalisation and that it was most likely made out of frustration as regards the lack of progress in the numerous corruption cases being prosecuted by the EFCC.”

    Oguntade said the “Cab-rank rule” requires a lawyer to take any case upon which he is instructed, including representing even “vilest offender.”

    “A lawyer who takes a brief has the duty to defend same to the best of his ability and in so doing, employ and exploit legitimate means to the benefit of his client. I believe that the EFCC chairman is not aware of this lawyer’s duty and obligation and that this is why he is unable to comprehend why a lawyer will accept a brief to defend an allegedly corrupt person or ‘looters’ as he put it,” he said.

    According to Oguntade, as it is with many professions, there are lawyers who have engaged in unethical conduct and who deserve to be appropriately sanctioned, and that the Bar needs to do more as regards the regulation of its members.

    “The Rules of Professional Conduct for Legal Practitioners 2007 makes copious provisions regarding the sanction of erring lawyers but the problem has been with implementation and enforcement. This is an area that definitely needs some urgent attention to stem the increasing flow of criticism against lawyers generally,” he said.

    On the judiciary’s commitment to the anti-corruption crusade, Oguntade said it must be examined in the context of constitutional and statutory provisions, many of which occasion delay in the administration of criminal justice.

    “The judiciary do not make laws but interpret and enforce laws enacted by Parliament. They cannot go outside them. Where the Constitution or the laws are inadequate to meet the reality on ground, it will be unfair to heap the blame on the Judiciary. Rather, the Constitution and the laws will need to be reviewed and reformed such that the judiciary are able to perform effectively,” he said.

    The SAN said judiciary cannot be expected to perform magic when it is not even adequately funded. “It is indubitable that a judiciary that lacks financial autonomy can never be truly independent and will always be prone to interference.”

     

    The way forward

     

    Alegeh said the judiciary will not close its eyes to cases of corruption by its members where there is proof.

    “The NBA, however, wishes to sound a note of warning to the few bad eggs in the system to desist from further causing untoward embarrassment to the judicial arm of government and will henceforth petition any judicial officer involved in or suspected to be involved in any corrupt or fraudulent transaction to the appropriate quarters for action.

    “We believe that a word is enough for the wise and that wise counsel will prevail in this regard,” the NBA president said.

    Oguntade admits the judiciary’s image has nosedived in the public’s eyes. More, therefore, needs to be done.

    “The image of the judiciary and indeed that of lawyers is clearly at a very low ebb and it is necessary that for both to survive, they urgently need to work together.

    “Judges must perforce turn to whistle blowers against colleagues involved in graft and also refrain from granting orders that are difficult for the reasonable man on the street to understand or justify.

    “Lawyers and, indeed, judges also need to expose lawyers who try to interfere in or pervert the course of justice, and where cases are identified, the Disciplinary Committee of the Bar should be swift and firm in dealing with such cases,” Oguntade said.

    Constitutional lawyer Ike Ofuokwu said the Bar and the Bench need to look inward to purge themselves of corrupt elements in their midst.

    “It is a shame and a reproach to the Bar when you see very senior members struggling among themselves to represent accused persons in corruption cases and doing everything whether lawful or otherwise to extricate corrupt persons from the law.

    “If a proper code of representation of counsels is not put in place, all that could be achieved as we have today, is to produce billionaire lawyers and judges out of the proceeds of corruption.

    “Nevertheless, the bulk of the job still lies with the agencies of government saddled with the responsibilities of investigating and prosecuting these cases.

    “The EFCC, for instance, needs to put its acts together. They need to conduct thorough investigation and put their facts and evidence in order even before arresting the suspects. It is often ridiculous and preposterous that after arrest are made they go shopping for evidence. This is an anachronistic approach.

    “We are no longer interested in trial by media. Parading them before the press will not get them a conviction rather it sometimes yields sympathy in favour of the accused. Nigerians want a result  and that is to see corrupt persons behind the bars,” Ofuokwu said.

    A group, the Socio-Economic Rights and Accountability Project’s (SERAP’s) Executive Director Adetokunbo Mumuni, said it does not only amount to professional misconduct but also a crime for a lawyer to knowingly assist another to break the law.

    “Lawyers are officers in the temple of justice but improperly influencing a public official to achieve results by means that violate lawyers’ rules of professional conduct or knowingly assisting a judge or judicial officer in conduct that violates applicable rules of judicial conduct or other laws is a clear negation of this sacred duty.

    “Yet, corrupt lawyers and judges often get away with their misconduct and crime. This impunity has contributed to the sporadic and lax prosecution and punishment of officials responsible for large-scale corruption, while, conversely, imposing severe sanctions for petty corruption and criminals, so as to give the impression of justice. This situation violates the underlying legal and moral assumptions that all persons will be treated equally, fairly, and with respect.

    “Any lawyer who acts in such a way as to be directly responsible for the act of corruption or acts as part of a conspiracy to corrupt should face liability as a ‘principal” offender.’ Even where a lawyer is not directly responsible for the act of corruption but facilitates or otherwise provides assistance to a principal offender, he/she should be liable as an accessory or accomplice. This accountability mechanism for lawyers and judges must follow due process of law.

    “The obligation on lawyers not to engage in illegal activities is vital in upholding professional standards and obviously extends to the activities of bribery and corruption, as lawyers must not themselves breach, or facilitate a breach, of the law.

    “For the sake of the legal profession, the cause of justice and effective remedies for victims of large scale corruption such as the arms procurement scandal, appropriate authorities particularly the NBA has to speak out strongly against corruption in the legal profession,” SERAP said.

     

  • Pillars to bench Al-Malakia

    Pillars to bench Al-Malakia

    Kano Pillars head coach, Okey Emordi has said his side will not defend against South Sudan champions, Al-Malakia in the CAF Champions League first round reverse clash on Saturday in Kano.

    The Nigerian champions defeated Al-Malakia 2-0 in the first fixture clash in Juba, South Sudan.

    Emordi said his side will go for outright and convincing victory to prove to all that their first fixture victory in Juba was not a fluke.

    “We’re going to engage the South Sudanese side, Al-Malakia in 90 minutes attacking football. Of course, it’ll be stupid on our part to defend the two goal advantage from the first leg in Juba, South Sudan.

    “I understand that the best form of defence is attack so we’re going all out to attack aimed at achieving even better result than we did in the first leg.

    “If we win with as many as four, five unreplied goals it’s sure to send a warning signal to other would be opponents. I won’t do anything to underrate the side on the field of play as it could be costly as well as risky.

    “We’re going for improved performance, at least, to give our teeming supporters who are yet to see us play at home this term something to cheer as well as prove to doubters that our win in Juba wasn’t a fluke,” said the former Enugu Rangers coach to supersport.com.

    Emordi, however, disclosed that two of his key players, Azeez Shobowale and Shehu Shagari will miss the crucial clash due to injury.

    “Azeez Shobowale and Shehu Shagari picked injury in training and won’t be available for the clash against Al-Malakia on Saturday. We’ll be able to cope without the duo as others are in perfect shape to give their very best in the match,” said the former Enyimba coach.

    The aggregate winners of the clash will advance to the next stage of Africa’s most lucrative club competition.

  • ‘A true jurist leaves the Bench’

    ‘A true jurist leaves the Bench’

    It was not a church service, but for a moment, the valedictory court session held in honour of former judge of the Federal High Court, Lagos, Justice Okechukwu Okeke, seemed like one.

    Like a priest, the judge interrupted his speech with a song, and his audience joined in a rousing chorus.

    He sang from the Hymn Book (Ancient and Modern 301 by John Bunyan): He that is down needs fear no fall; He that is low no pride; He that is humble ever shall Have God to be his Guide. I am content with what I have, Little be it or much; And Lord’s contentment still I crave, Because thou savest such…

    Justice Okeke said he found solace in the words of the hymn. He retired having served as judge of the Federal High Court, first in Lagos (January to December 1993), Kaduna as pioneer judge (1994-1997), Lagos again (1997-2000), Abuja (2000-2002), Yenogoa, Bayelsa State capital as pioneer judge (2003-2008) and finally Lagos (April 2008 till May 18 this year).

    “I give thanks to the Almighty God for his Grace and guidance that sustained me from birth till now, more particularly through the vicissitudes of my judicial life in Nigeria.

    “If not for his love, care and protection, some powerful elements in Nigeria who blocked my progress in the judiciary would have succeeded in their evil plot to disgrace me out of the judiciary,” he said.

    He thanked past and present judges, lawyers and friends who he said stood by him during his tough times, and praised his wife Lady Uche Okeke and children for appreciating his “predicament as a judge who was subject to normal and punitive transfers.”

    “They missed my company, but their comfort was never compromised,” he said of his family.

    “Even when some mischief makers carried wicked stories that I abandoned my family at Onitsha, my wife and children dismissed the story, and encouraged me to continue my Herculean judicial duties,” Justice Okeke said with emotion.

    The former judge said he would not say all he “saw” while on the bench. He spoke an Igbo proverb about the palm wine tapper who said he would not announce all he saw in his village while on the palm tree.

    Federal High Court Chief Judge, Justice Ibrahim Auta, described Okeke as a man of integrity who did not forget his roots.

    “Hon. Justice Okeke, above all, is a true Igbo man, one of those Igbo men who truly believe that a true African man and an Igbo man for that matter should be able to use proverbs as oil with which they eat words.

    “We are going to miss O. J. and his proverbs. He is a kind man, a loving husband, an admirable friend, an accommodating brother and a doting father. Perhaps only a few of us know how very religious he is, how very considerate he can be,” Justice Auta said.

    Lagos Attorney-General, Ade Ipaye, who represented Governor Babatunde Fashola (SAN), said judges deserve praise as they are expected to function under the same stress and strains which society places on its “ordinary members.”

    “The hours are long. The physical and intellectual exertions are never ending and the moral responsibility exceedingly heavy. Yet, our judges are equipped with no extra features that would make them super human.

    “It is, therefore, a true achievement to the society at large when a judge completes his tenure with a high reputation for fairness, hardwork and professionalism,” Ipaye said.

    Anambra State Attorney-General, Peter Afuba, who did his pupilage under Okeke while he was still a practising lawyer in Onitsha, recalled the “touching kindness” with which the former judge treated him, saying he had “a rewarding career on the bench.”

    “I found most beneficial, his advice at that time on how to charge and collect proper fees from clients.

    “I wish to state without equivocation that His Lordship has clearly proved himself a worthy son of Anambra State whom we are proud to call and claim as our own,” Afuba said.

    Representative of the Body of Senior Advocates of Nigeria (SANs), Kemi Pinhero, noted that most of Okeke’s decisions are upheld on appeal.

    He said legal practice would be made easier if technology is better applied. According to him, Order 58 of the Federal High Court Rules mentions a Communications and Service Centre for e-filing, which does not exists, adding that lawyers should be able to file cases, and matters assigned, electronically.

    Pinhero said jovially that God must be looking down on Okeke and saying, “My Pikin, My Pikin, well done.”

    He was indirectly referring to the last major judgment Justice Okeke delivered, involving manufacturers of killer syrup, My Pikin Baby Teething Mixture.

    Chairman, Nigerian Bar Association (NBA), Lagos Branch, Taiwo O. Taiwo, urged lawyers to stand up in defence of judges.

    “Many lawyers are rude and insolent to the court. The judiciary must be restored to its lost glory,” Taiwo said.

    His Ikeja counterpart, Onyekachi Ubani, said Justice Okeke was leaving the bench to a well-deserved rest. “Nigeria will certainly look for him in his village – Adazi-Ani,” he added.

     

  • Don’t bench home-based Eagles –Bassey

    Don’t bench home-based Eagles –Bassey

    EX-INTERNATIONAL Charles Bassey has advised the Super Eagles coaching crew to give enough playing time to the six home based that made the team to the 2013 Africa Cup of Nations.

    “Those six boys are determined. They are focused. They want to win and are ready to fight. The players are hungry for success. They know that whatever they do in South Africa will shape their future in the game. So they are ready to do everything possible to see that Nigeria win the trophy if it possible,” he said.

    “But sincerely speaking, the boys are committed towards ensuring the Super Eagles do well in the tournament. That is why the coaching crew should give them enough playing time. “I am sure you saw the home based players in the game against Catalonia and of course Godfrey Oboabuna in the game against Cape Verde. Oboabuna showed the trait of a man who knows what he wants in the match. We need fighters in that team and only the players who are ready to give their all can fight for every ball in any match.”

    Bassey would however praise the efforts of Stephen Keshi for having the faith in the home based players. “No coach has ever done what he did apart from Clemens Westerhoff. He has been able to prove that there are good players in the Local League.

    “Keshi has done well and he will reap the benefits of trusting the players at home. I am very sure that the home lads will be the players that will put smiles on the faces of Nigerians during the Cup of Nations. I am proud of the six players and they will show everyone that talents abound in the Nigeria Premier League,” Bassey concluded.