The Nation Newspaper

Tag: better funding

  • ECOWAS Court seeks better funding

    Ahead of its resumption of hearings today, judges and workers of the Community Court of Justice of the Economic Community of West African States (ECOWAS) met for several days last week to work out ways of enhancing its operations.

    They met at the court’s seventh judges’ retreat and the 10th judicial retreat, both of which held separately, at the Goshen City, Nasarawa State.

    New judges of the court were sworn in on July 31 for a tenure of four years. They assumed duties on August 27.

    The judges also considered the court’s 2019 draft budget and witnessed the presentation of the new digital case management system being developed by the court towards computerising its case management system and enabling online filing.

    The judges include the President, Justice Edward Amoako Asante (from Ghana), Vice President, Honorable Justice Gberi-Be Ouattara (Cote d’Ivoire), Justice Dupe Atoki (Nigeria), Justice Keikura Bangura (Sierra Leone) and Justice Januaria Silva Moreira Costa (Cape Verde).

    At the judicial retreat, with the theme: “The jurisprudence of the ECOWAS Court of Justice: 2004 to 2018,” participants were taken through the court’s past decisions, its growing responsibilities, particularly as it relates to its bourgeoning human rights jurisdiction.

    They also examined measures to improve the court’s operations, ease access to the litigating public, particularly the indigent.

    The retreat, which frowned at member state’s reluctance to enforce the court’s decisions, the recent reduction in the number of its judges from seven to five and the shortage of personnel, resolved to work assiduously to overcome the challenges posed by these developments.

    Presentations at the retreat included: “Jurisprudence of the ECOWAS Court of Justice on access to the court; an overview of the jurisdiction of the ECOWAS Court of Justice; human rights in the jurisprudence of the court; non-exhaustion of local remedies as a distinctive feature of the ECOWAS Court of Justice human rights mandate” and “an analysis of the Community Legal Order as declared by the ECOWAS Court of Justice.”

    The retreat also explored topics like: “State responsibility, sources of law and the application of Article 38 of the International Court of Statute by the ECOWAS Court; preliminary procedure, expedited procedure, provisional measures, consolidation and withdrawal/discontinuance in the practice and procedure of the ECOWAS Court of Justice; default judgment, revision, interpretation of judgement and supplementary judgement in the Jurisprudence of the ECOWAS Court of Justice.’

    There were also presentations on the “written and oral procedure, pleadings, witnesses and expert standard of proof and the role of the judge rapporteur in the practice and procedure of the ECOWAS Court of Justice,” and “‘Improving the image of the court.”

    At the opening session of the judicial retreat, Justice Asante said the retreat was intended as an opportunity for the court’s judges and staff to reflect on the various issues that impact on the court and its effectiveness.

    He regretted the reduction in the number of the court’s judges and the delay being experienced in the delay in the translation of court processes into the three working languages of the court – English, French and Portuguese. He noted that about 107 cases were currently awaiting hearing, while many more would still be filed.

    Asante expressed displeasure that member states were not honouring their obligation under Article 24 of the 2005 Supplementary Protocol on the court, which required each state to determine the competent national authority for the receipt and processing of execution of the judgements of the court in accordance with the rules of civil procedure in each state.

    He noted that only five of the 15 ECOWAS member states- Burkina Faso, Guinea, Nigeria, Mali and Togo- have notified the court of the designation of the focal points for the enforcement of the decisions of the court.

    Asante, who disclosed that judges, at their retreat, (which preceded the judicial retreat) promised to give their best, noted that the court, between April 2004 and October 2018, delivered 318 decisions, comprising 190 judgments, 105 rulings,18 revision judgments and five advisory opinions.

    He praised the court for its achievement so far, stressing: “Undoubtedly, the court has interpreted and applied numerous provisions in its Rules of Procedure and the Protocol on the court as amended. Through its decisions, the court has developed a rich jurisprudence on its practice and procedure and its human rights mandate.”

    The court’s president urged all staff to be committed to duty and aid the court in the effective execution of its mandate.

    When the curtain dropped on the retreat on October 27, participants were elated about the outcome of the week-long exercise. They said the objectives of the programme were achieved.

    They called for enhanced funding, provision of adequate working facilities, including a befitting structure for the court. They also stressed the need for more personnel, particularly translators, to allow prompt translation of court processes into the court’s three languages, to address the current delay caused by the slow pace of translation.

    Asante, who expressed delight at the success of the retreat, said the court was working on ways to ensure that its decisions were enforced. He noted that the non-enforcement of the court’s decisions has negatively impacted on public’s estimation of the court.

    He said: “We are now working on measures to allow individuals come before the court to enforce judgments given in their favour.” According to him, the process will require that a judgment creditor is allowed to initiate a fresh suit to enforce the judgment, where the state is reluctant.

    The court will then award certain compensation in favour of the individual, and as a result, the judgment debtor state is made to lose certain facilities it has in the commission (ECOWAS).

  • Akeredolu calls for better funding of private varsities

    Ondo State Governor Oluwarotimi Akeredolu said at the weekend that proper funding of private universities would enable them to realise the vision for which they were established.

    The governor, who spoke during the 10th year anniversary and 7th convocation of Achievers University, Owo, urged Nigerians to be hopeful.

    He said the economy would improve very soon.

    Akeredolu hailed the Pro-chancellor, who is the lawmaker representing Owo/Ose Federal Constituency, Dr. Bode Ayorinde, for the vision and tenacity he displayed in founding and developing the university.

    He advised the graduating students to put into practice the knowledge acquired at the institution and make it proud.

    Akeredolu made a case for entrepreneur training for the students, to make them self-reliant rather than job seekers.

    Ayorinde said: “For you, the future has started. I implore you to take whatever opportunity made available to you by the university to make a great future for yourselves.”

    He praised the students for projecting the image of the school.

    The Vice Chancellor, Prof. Tunji Ibiyemi, said the institution would partner foreign universities on international training for the benefit of the university

    The institution honoured prominent Nigerians with honorary degrees.

    They included Emeritus Professor David Adedayo Ijalaye, who was conferred with the degree of Doctor of Law (Honoris Causa).

    Others were Plateau State Governor Simon Lalong, who was conferred with the degree of Doctor of Law (Honoris Causa), Aishat Jibril Dukku, Doctor of Public Administration (Honoris Causa) and William Babatunde Fowler, Doctor of Business Administration (Honoris Causa).

    Three hundred and thirty-six students graduated with degrees.

  • Rep canvasses better funding of NDLEA to win drug war

    Rep canvasses better funding of NDLEA to win drug war

    A member of the House of Representatives from Ekiti State, Mr. Kehinde Agboola, has advocated a better funding of the National Drug Law Enforcement Agency (NDLEA) to win the war against drug abuse and trafficking.

    Agboola, who represents Oye/Ikole Federal Constituency, called for the movement of NDLEA from the supervision of the Federal Ministry of Justice to the presidency to ensure efficiency and better funding.

    The federal lawmaker is the House Committee Deputy Chairman on Drugs, Narcotics and Financial Crimes. He spoke with reporters in his hometown, Odo Oro in Ikole Local Government Area.

    Agboola noted that while the Department of State Services (DSS) and Economic and Financial Crimes Commission (EFCC) which are under the presidency are enjoying better funding, NDLEA under the Justice Ministry remains underfunded.

    He criticised the plan to withdraw $1 billion from the Excess Crude Account to tackle insurgency after the federal government had claimed that Boko Haram militants have been defeated.

    Agboola said: “If that was true, why was the president seeking approval for $1b withdrawal from the ECA to fight insurgents? We can infer that this was an evidence of failure in Boko Haram fight, because they had earlier said they have won the battle.

    “So, I align with governors Ayodele Fayose and Nyesom Wike that the deductions from ECA should be deployed to fight hunger in their own states as well.”

  • NBA should advocate better funding of Judiciary

    NBA should advocate better funding of Judiciary

    Mrs. F.  Boma Ayomide Alabi is  a  former Commonwealth Lawyers Association (CLA) President. Recently, her law firm, Sterling Partnership Solicitors, merged with others  to form a mega law firm. In this interview with Legal Editor John Austin Unachukwu, Mrs Alabi shares her views on the challenges of law practice, the fight against corruption, globalisation of legal services and sundry issues.

    What is your appraisal of the anti corruption war?

    All said and done, it is laudable and must be supported. However, as the saying goes, ‘no pain, no gain.’ The Federal Government must be ready to do the work to achieve the result.

    What do you mean by this?

    That means painstaking investigations, equipping and training their personnel in the anti graft agencies and raising awareness amongst the citizens to ensure their buy-in and active co-operation.  Attempting to take a short cut such as the recent ‘Ex Parte’ order forfeiting funds belonging to depositors without BVN, is an example of a shortcut that will lead to an arid desert, which can never be fruitful. How do you appropriate monies belonging to citizens because they have not complied with a CBN directive? It simply beggars belief! I am an administrator in an Estate that has not been settled over 20 later. So, if there are bank accounts belonging to the deceased, the beneficiaries will lose their entitlement because they could not wake up the dead to be finger printed? What about Nigerians in the Diaspora with bank accounts in Nigeria? Many are not in touch with Nigeria and unaware of these directives. There are so many different scenarios that can result in the lack of a BVN on an account through no fault of the bank or the depositor.

    How  can anti-graft war be strengthened to  reduce loss of high profile cases?

    The outcome shows that the EFCC may have rushed to Court without taking their  time to investigate and prepare for the cases. Strategic preparation is the key to victory in any litigation, including prosecution for financial crimes. For instance, the EFCC generally will  charge the accused with numerous counts of various offences at the same time. As you well know, the onus is on them to prove each and every count,  but  I would approach it differently.

     How would you approach it?

    I would take just one or two counts that I am certain I can prove to the very high standard required in criminal prosecution, that is, “beyond reasonable doubt’ and ensure that I adduce sufficient evidence to achieve a conviction on one or the other or both. The more cases the EFCC lose, the more the tendency to impunity so they really have to make more of an effort to ensure a higher success rate as a deterrent.

    Should EFCC  focus be limited to financial crimes?

    Corrupt politicians are also more often than not, accused of financial crimes and, therefore, come under the purview of the EFCC, when, as it invariably does, the alleged act of corruption involves money. I don’t think the issue is who prosecutes, rather it is how well they prepare their cases  before rushing to court.

    Presumably, legal opinions are sought prior to the decision to prosecute. That’s usually the case with prosecutions initiated by the Attorney General’s office, at least, at state level where I assist with prosecution. If that is the case, a lawyer from the Ministry of Justice (MoJ) usually provides his legal opinion. Naturally, the MoJ lawyer is often not a subject matter expert and, therefore, not fully conversant with all the factual elements required to succeed. It is important that in complex financial transactions, they enlist the help of subject matter experts before  hand. You can be assured that the defence, usually much better funded, will have subject matter experts working with the lawyers as consultants and providing expert opinion where necessary. Funding is key to success. The EFCC has to be better funded to enable the agency pay counsel.

    You recently promoted a mega law firm, Primera Africa Legal (PAL) . Can you give us insight into what informed the formation of the mega law firm?.

    I would not describe us as a mega law firm when our global competitors  have lawyers and partners in their thousands. There are law firms with income in the billions of dollars, and we are tiny compared to them and yet, we have to compete with them. The formation of PAL is driven by the need to serve our clients better on a truly national scale from the North to the South and everywhere in between.

    What do you consider to be the greatest challenges facing commercial law practitioners in the country?

    The greatest challenge is the economy. We are not insulated from the effects of the recession as commercial lawyers. When business slows down due to the various factors that we know led to this recession, it impacts on the number of transactions and, therefore, on the transaction advisers too.

    What is the global perspectives in the current operations of the law firm?

    We are part of an ever smaller and interconnected world. Our competitors, law firms from other jurisdictions, who are already playing in our space whether we like to accept it or not, are generally far better resourced than we are. This is because they have modernised their rules to allow none lawyers invest in law firms and some law firms are even  quoted on the stock exchange.

    In Mexico for instance, they allow none Mexican law firms to invest in their local law firms although these investors are not permitted to practice in their jurisdiction. It is something we have to consider in this jurisdiction if we want to hold our ground against the foreign law firms.  

    How do we strengthen the whistle blowing policy to make it more efficient and effective?

    A robust whistle blower protection scheme in addition to the cash incentive will increase confidence in the system. And that’s what we  need! The British police get some of the best results in the world and that is due to the confidence the citizens have in their local Bobby. They know that he will not reveal his sources and if need be, will go to any length to protect the whistle blower. That confidence means that people are eager to assist the police if they are aware of any criminal activity. This is where we need to be, where Nigerians feel confident enough to approach the police to report any criminal activity around them, not just corruption in high places.

     What is your view about agitations?

    Indeed, it is most worrisome. Words can be extremely hurtful and we need to be mindful of what we say about each other if we truly want to continue to live together as one nation. The politicians have led the country in this direction with their incendiary remarks every time we have an incident of inter tribal violence. Sadly, it has become so ingrained that it is now almost our default mode to make derogatory statements about our fellow Nigerians because of their tribe, religion or gender.

    We have to start reversing this trend and in this case, I would urge us to actually believe that; “Change begins with me”. Think about the words we use and the origin before we use them. For instance, why are we still referring to grown up men and women as ‘house boys’ and ‘house girls’? Domestic workers are productive members of our society as deserving of our respect as lawyers or any other profession. There is dignity in labour and we must bear this in mind always. Ask yourself, honestly, do I judge competence and even  character by this primitive yardstick called tribe? How do we employ in our businesses? At PAL, we employ on merit and every tribe is represented in our offices in Abuja and Lagos. This shows that there are capable Nigerians in every part of the country and from every tribe of the nation.   

    How do you think we can restructure Nigeria within the ambit of the law?

    Well, what is it that we wish to restructure in the first place and what do we mean by restructuring? This is a new buzz word for politicians and I really think we should examine this very critically before jumping on the band wagon. The three tiers of government have a lot of independence from each other, it is up to each tier to protect its constitutional powers from encroachment by another, and we will find if this is done, that what we actually have in place at the moment, is more than sufficient. If we restructure, whatever this means, and do not implement, there still would not be much progress.

    The Judiciary has been generally referred to as the last hope of the common man. Can you honestly say that about  Nigerian judiciary?

    The judiciary is still the last hope of the common man, no question about that. I am very encouraged by the changes the  current CJN has instituted. We are already seeing the results of these specialised courts. The corruption trials are moving along much faster, as criminal matters. I am an active practitioner  in the courts across the country on a very regular basis and I have to say that the judiciary has been much maligned. Our Judges work tirelessly to dispense justice at the expense of their health and well being in a lot of cases. The working conditions are abysmal.

    How do we correct this?

    We need to invest more in this very important arm of government and the Bar should advocate better funding for the courts. We are there every day, we see the decaying infrastructure, we see the overworked registry staff and we say nothing. Rather, we prefer to stand outside the court rooms in our wigs and gowns advocating our cases before the media. It’s atrocious and sadly seems to have become the norm in this jurisdiction. In England, you would never hear a Barrister who is directly involved, comment on a case to the media whilst it is sub-judice. And even after that matter is concluded, the only comment would be to read a statement on behalf of the client.

     

     

     

     

  • Dogara seeks better funding for IDPs in 2016 budget

    Dogara seeks better funding for IDPs in 2016 budget

    House of Representatives Speaker Yakubu Dogara has urged the Presidency to make adequate budgetary provision next year for the resettlement of internally displaced persons (IDPs).

    He urged President Muhammadu Buhari to forward a bill to the National Assembly for the ratification of the Kampala Treaty on Internally Displaced Persons for ratification.

    The Speaker made the call in his remarks at the sensitisation workshop on the role of the parliament in addressing the challenges of IDPs in Nigeria, organised by the House Committee on Internally Displaced Persons (IDPs), Refugees and Initiatives on the Northeast.

    It was organised in collaboration with United Nations High Commissioner for Refugees (UNHCR).

    Dogara said the House was processing a Bill to consolidate the anti-terrorism legislations into one document for ease of use and reference, and that the National Assembly has always supported all budgetary requests from the Executive to fight terrorism.

    Chairman of the House Committee on IDPs, Refugees and Northeast Initiative, Sani Zorro, noted that the over two million IDPs scattered across the country in  different camps are faced with “substandard facilities, most of whom are women and orphaned children, with hunger and malnutrition as the common denominators that define their lives”.

  • UBA calls for better funding of retailers

    Banks need to adopt more collaborative financing mechanisms to enable retailers develop their capacities, expand operations and adopt innovative practice production standards to reduce operating cost and optimize value.

    Group managing director, United Bank for Africa (UBA) Plc, Mr. Phillips Oduoza, who spoke at the 2014 retail leaders’ conference in Lagos, advocated for innovative partnerships among retail financial service providers will increase focus on the funding of retail-based infrastructure development and product distribution projects.

    According to him, in an environment of collaborative partnerships, banks will partner retailers in promoting the acceptance and mobility of innovative payment platforms. Cheaper mobile-based point-of-sales will replace the expensive terminals currently in use, and mobile-to-mobile funds transfer will be added to the bouquet of payment platforms.

    “UBA recognizes the growth potential of the Nigerian economy and the retail sector in particular, so we have and will continue to intensify our support for the sector through provision of innovative payment, cash management solutions and appropriate funding options along the entire value chain,” Oduoza said.

    He noted that the banking sector is collaborating with the Central Bank of Nigeria (CBN) to deploy an industry-wide biometric system which will significantly improve consumers’ access to both secured and unsecured financing, thereby increasing the retail market potential.

    Oduoza, who was represented by the bank’s director of consumer banking, Mr. Ilesanmi Owoeye, listed several factors driving the growth of Nigeria’s retail industry.

    According to him, the growth factors for the retail sector include the ongoing reforms in key sectors of the Nigerian economy aimed at bridging infrastructural gap, reducing unemployment levels, improving literacy level and improving access to funding by SMEs, which will significantly impact the level of disposable income and effective demand in the near future, affording the sector unprecedented growth opportunity.

    He also identified increasing technology penetration in Nigeria as another factor driving the growth of the retail sector as this is giving retailers access to valuable market information about purchasing trends as well as segment preferences, making it increasingly easy to adapt sales and marketing approaches and improve consumer experiences. Another factor is the increasing penetration of the informal sector by retailers.

    “Without doubt, the continuous rise in mobile technology will be pivotal to the next stage of the retail market development, fuelling its integration with the global retail trade economy and significantly increasing its ease of doing business. This prospect is already becoming evident in the rising trend of online retailers are increasingly gaining traction and matching the emerging sophistication of Nigerian consumers’ changing demand and payment patterns.” Oduoza said.