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Tag: braithwaite

  • Braithwaite: I won’t stop protesting

    Braithwaite: I won’t stop protesting

    Octogenarian activist-lawyer Dr Tunji Braithwaite has said he would not stop protesting until “King Corruption” is “dethroned and destroyed.”

    The activist was among other elder statesmen who marched against the deployment of soldiers in Lagos, and was involved in the fuel subsidy removal protests in January 2012.

    “Notwithstanding the hardships entailed in these actions, we were and are always ready to confront oppression, injustice and corruption – the evils still scourging the country,” Braithwaite said.

    He spoke when delivering the 15th edition of the Pastor S. A. Odunaiya Annual Memorial Public Lecture, organised by the Young Men Christian League of the Christ Apostolic Church in Lagos.

    Braithwaite warned against a fraudulent election next year, saying Nigerians have become wiser and would not tolerate mandate thieves.

    “The ongoing revolution in Egypt is a classical lesson that any charade and fraudulent election willy-nilly, per se, is no guarantee of security of tenure of office for an unfit and insensitive government,” he said.

    Braithwaite, who spoke on the theme: The role of the Church of Christ in the impending national conference, said what Nigeria needs is a peoples’ national conference where delegates will not be chosen along partisan political lines.

    “All ethnic nationalities must be represented at the conference and the product, which essentially must be a new Constitution, should be validated not by the National Assembly, but by a referendum of the whole nation,” he said.

    The lawyer, who founded the defunct Nigeria Advance Party and was its presidential candidate in the Second Republic, believes what he called “principalities and powers” were at work to sabotage the proposed dialogue.

    He said without a successful conference, giving birth “a completely new country” with a new Constitution would be impossible and the foreseeable future will be bleak.

    “Prayers with hard work and doggedness are the major twin sureties for a successful outcome of any lasting endeavour.

    “There are on the boat of Nigeria, multitude of ethnic nationalities with diverse culture and religious faiths. We are all of God’s creatures bonded together by love and fear of God.

    “It is clearly wrong and uncharitable for any religion to set itself above other and different faiths. As far as I know, what religion demands of us is righteousness and just dealings: abhorrence for immorality, aversion of corrupt dealings, among others.

    “Our role should not be limited to prayers only; we must go out there armed with faith, determination and commitment to righteousness and be fully involved in the generational duty of salvaging our freedoms,” Braithwaite said.

     

  • Braithwaite seeks accelerated trial

    ACTIVIST lawyer, Dr. Tunji Braithwaite has urged an Ikeja High Court to accelerate the hearing of a case before it.

    Braithwaite, who was alleging disobedience of a subsisting court order by Standard Chartered Bank Nigeria Limited, insisted that the action of the defendant would impact negatively on the legal system.

    He told the court that the judiciary risked being manipulated by people in high places.

    Dr. Braithwaite was making his submission in a N10 billion suit he instituted against the bank.

    He was reacting to a motion for extension of time filed by the defence counsel, Mrs. Oluwatosin Iyayi, to enable the bank file its statement of defence. The court had in June, last year ordered both parties to perfect their court processes in readiness for accelerated hearing of the suit.

    At the resumed hearing of the matter last week, Dr. Braithwaite urged the court to take a notice that the defendant was deliberately refusing to file its defence and that this was done to manipulate the system and destroying the res, for it to complete its building to 15th floor while the case is pending.

    “My Lord, I am not happy about the trend of this case. This case will surely try the integrity of the Nigerian legal system and would either have a salutary effect or internal condemnation of the Nigerian legal system. Your lordship will recall that this court granted us an order to amend our processes since June 2013, but up till now the defendant had deliberately refused to file the statements of defence and manipulating the Nigerian legal system in order to destroy the res of the matter, by continuing to build the house in question to 15th floor.”

    “There is an order  of the court of Appeal, stopping them at the second floor, yet they are now on the 15th floor. This is a serious case to try. As I said, the integrity of the Nigerian legal system is in danger. Why should they continue to destroy the res while the case is still pending?” he asked.

    Mrs. Iyayi, however, prayed the court to hear her client’s motion for extension  of time, pleading that it was not aimed at manipulating the legal system, adding that her client was a law-abiding institution.

    In her ruling, the trial judge, Justice Doris Okuwobi noted that there was an apparent delay by the defendant in filing its court processes in the case, but that there was little she could do in view of another appeal in the case pending at the Court of Appeal. She adjourned the case till February 13, 2014 for further hearing and ordered the bank to perfect all its processes before the next adjourned date.

    Dr. Braithwaite sought a declaration of the court that the construction by the defendant of a 15-floor commercial building comprising a five-level car park at No. 142 Ahmadu Bello Way, Victoria Island, Victoria Island, Lagos is unlawful and damaging to the right of the claimant.

    He also sought a declaration that notwithstanding the defendant’s alleged illegal development permit, the building constitutes a nuisance and an unlawful obliteration of the claimant’s easement to light, air and linkages – the rights of the claimant. He further prayed the court to order that the building be demolished by the defendant.

    But Iyayi told the court that the building was legal because it has a permit to build it.

     

     

  • Braithwaite: Corruption is killing Nigeria

    Braithwaite: Corruption is killing Nigeria

    Elder statesman, Dr. Tunji Braithwaite, yesterday warned that corruption would kill Nigeria, unless the nation’s leaders arrest the monster before it gets out of hand.

    Braithwaite spoke at a lecture organised by the Egba Diocese of the Anglican Church to mark its 37th anniversary in Abeokuta, the Ogun State capital.

    He noted that if the level of corruption in public and private sectors was not tackled headlong and urgently, it may consume the nation.

    He said: “The monster of ‘King Corruption’ and impunity in this country, at every level of civil administration, has exposed the tenuous and fragile foundation of Nigeria’s brand of democracy to the danger it portends for the people…”

     

     

     

     

  • N10b suit: Court allows Braithwaite’s application to call witnesses

    N10b suit: Court allows Braithwaite’s application to call witnesses

    A Lagos High Court, Igbosere, yesterday granted the request of frontline lawyer, Dr. Tunji Braithwaite, to call additional witnesses in a N10 billion suit he filed against Standard Chartered Bank.

    Braithwaite, in a Motion on Notice brought before Justice Doris Okuwobi, pursuant to Order 24 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 2012, sought leave of court to call three additional witnesses.

    The bank opposed the amendment on the grounds that it was a ploy by the claimant to introduce new facts which allegedly emanated after hearing of the suit began in 2010.

    But Justice Okuwobi, in her ruling, appraised the facts of the matter and granted the claimant leave to amend his originating process and call additional witnesses.

    The court held that it could not honestly be said that the proposed amendment would change the character of the claimant’s case.

    The judge averred that the facts sought to be incorporated by the claimant would merely expand the facts already in evidence and that the reliefs sought arose from the same set of facts contained in the original writ.

    She also dismissed the bank’s objection to the inclusion of the Environmental Impact Audit Report prepared by experts as part of the amendment.

    Dr Braithwaite is demanding N10 billion as general damages for the nuisance allegedly caused the neighbourhood due to the noise and pollution of the bank’s giant electric generating sets.

  • Braithwaite’s case against bank adjourned

    Braithwaite’s case against bank adjourned

    A Lagos High Court, Igbosere, yesterday adjourned till April 25 the hearing of a suit filed by Lagos lawyer, Dr. Tunji Braithwaite, against Standard Chartered Bank Plc for a reply on points of law to the defendant’s counter-affidavit and written address.

    This followed the request for a short adjournment by the claimant after the defendant, which was represented by Mrs. Oluwatosin Iyaye, announced his compliance with the penalty for responding out of time.

    The court allowed Mrs Iyaye to move her counter-affidavit and written address, which Braithwaite did not oppose. The frontline lawyer, however, requested a short adjournment to enable him file a reply on points of law.

    Dr Braithwaite is seeking a declaration that the construction of a 14-story building at 142 Ahmadu Bello Way, Victoria Island, Lagos, and a five-level park at Plot 141, Elias Close, Victoria Island, Lagos, by the bank, is unlawful and damaging to his rights.

    He is also seeking a perpetual injunction restraining the bank or its agents from using or causing or permitting to be used for any purpose other than residential the site in contention.

    The claimant is demanding N10 billion as general damages for the alleged nuisance caused by the noise and pollution of the bank’s giant electric generating sets, which he said led to his discomfort for over 10 years.

    Besides, he is asking for interest at the rate of 21 per cent till final judgment.

    In his statement of claim, Braithwaite averred that the proposed building, if erected, would affect the amenities in his home in terms of availability of air as well as constant noise pollution, thereby breaching the peace and quiet of the neighbourhood.

    The claimant also swore that every plan for development of the various sites suitable for building on Elias Close was designed and approved for “High Class” residential purposes only.

    He stressed that the proposed 14-story building and five-level car park would infringe on his fundamental right to access to light.

    Baithwaite had declared, in a 34-paragraph affidavit deposed to on his behalf by Ismaila Usman, that the 14-storey building and five-level car park being built close to his home on Victoria Island by the bank, is illegal.

    He prayed for an order of the court to stop the bank from putting up such a building in the residential area.

    However, the bank urged the court to dismiss the application, saying the structure is not harmful and does not infringe on the rights of the claimant.

    Justice Doris Okuwobi adjourned the matter till April 25.

     

  • Court refuses bank’s plea for extension in Braithwaite’s suit

    ALagos State High Court, Igbosere, has refused to entertain a plea for extension of time by Standard Chartered Bank Nigeria Limited in a N10billion suit filed against it by a lawyer and former Presidential candidate, Dr. Tunji Braithwaite.

    The bank requested for extension in response to Braithwaite’s Motion on Notice, but Justice Doris Okuwobi said the defendant’s prayers would not be heard because it was yet to pay a default fee to the court.

    Standard Chartered’s counsel, Oluwatosin Iyayi, asked for a short date when their application would be considered, by which time they would have paid the penalty for replying out of time.

    The court granted the bank’s prayers.

    Braithwaite had sought a declaration that the bank’s construction of a 14-storey building and a five-level car park at 142 Ahmadu Bello Way/Plot 142 Abutting Elias Close, Victoria Island, Lagos, is unlawful and damaging to his rights.

    He asked for a declaration that the commercial building, which he claimed is now at its 10th floor, constitutes an illegal structure.

    The claimant alleged that the defendant’s Development Permit is illegal, and that the building constitutes a nuisance to him, obliterating his access to light, air and linkages – rights he had enjoyed for 40 years while living in his house.

    He prayed for an order that “the illegal commercial building” be “demolished and pulled down by the defendant at its cost.”

    He also sought general damages of N10billion “for the nuisance caused and inflicted on the claimant by the defendant over a period of years.”

    In a supporting affidavit, the claimant said he needed to make necessary amendment to his Write of Summons, Statement of Claim and Written Statements on Oath because the events on the building have overtaken the earlier processes he filed.

    Braithwaite said he would call three additional witnesses, adding that when his original suit was filed, the defendant was still proposing to build the house. Now, construction has gone to an advanced stage, he said.

    “As at the date hereof…the defendant has now rushed the construction of its illegal structure to the 10th floor level in an attempt to steal a match on the claimant, which act makes it necessary for the claimant to amend his processes and the consequential reliefs being sought,” the claimant said.

    Among others, Braithwaite claimed that he complained that the building, previously occupied by Reliance Bank Limited, had facilities which disturbed him.

    According to him, the defendant’s predecessor had installed some giant electric generating plants directly opposite his house at Plot 158 (No. 9) Elias Close, Victoria Island, with a narrow road of nine metres separating the two properties.

    He said the generating sets were “pumping gases into the living rooms of the claimant’s residence, and also causing deafening noise.”

    Braithwaite said the 14-storey building infringes his fundamental right to access to light as a result of it being in excess of stipulated height, which he said contravened existing guidelines in its host environment.

    The elder statesman averred that the development permit which the defendant purportedly obtained from the state government authorising a mixed development in the area was invalid and unlawful.

    However, the bank in its defence, denied that the building would constitute any nuisance to the claimant.

    The defendant contended that the action is frivolous, vexatious and an abuse of court process.

    It urged the court to dismiss the action.

    The bank said the Lagos State government reserves the power and authority, acting by itself or through its ministries, parastatals or agencies to designate/zone all areas within the state as residential, commercial and/or mixed uses.

    It said it obtained the relevant permits from the state government before embarking on the construction.

    Justice Okuwobi adjourned further hearing till April 16.

     

  • Braithwaite reiterates calls for Sovereign National Conference

    Braithwaite reiterates calls for Sovereign National Conference

    •President presents book on activist-lawyer •Fashola demands special status for Lagos

     

    Lagos State Governor Babatunde Fashola yesterday asked President Goodluck Jonathan to accord Lagos a special status as the former Federal Capital Territory (FCT) and commercial nerve centre of the country.

    He said the state had paid its dues  in terms of contributions to the Gross Domestic Product (GDP), national productivity and Valued Added Tax (VAT), lamenting that successive administrations had ignored these contributions to national development and progress.

    Fashola spoke at the launch of the edited version of the historic book: The Jurisprudence of the living oracles, written by foremost rights activist, Dr. Tunji Braithwaite in Lagos. The ceremony, which held at the Yard 158, Oregun, was organised to mark the 79th birthday of the consummate lawyer and pro-democracy crusader, who marched against the fuel subsidy removal on the Lagos streets in January.  The book was reviewed by Prof. Adebayo Ninalowo of the University of Lagos, Akoka.

    it was presented by President Goodluck Jonathan.

    Dignitaries at the event included the Ooni of Ofe, Oba Okunade Sijuwade, Oba of Lagos, Oba Rilwan Akiolu, Obi of Onitsha, Igwe Achebe, Emir of Ilorin, Alhaji Kolapo Sulu Gambari, King Daddyson Jaja of Opobo, Gbong Gwon Jos, Da Jacob Buba Gyang, Olofa of Ofa, Oba Mufutau Olanipekun, and Emir of Bauchi.

    There were also Commodore Ebitu Ukiwe (rtd), Chief Emeka Anyaoku, the Attorney General and Minister of Justice, Mohammed Adoke, his Commerce and Investment counterpart, Olusegun Aganga, Senator Ben Obi, Senator Musiliu Obanikoro, Senator Olorunnimbe Mamora, Alhaji Balarabe Musa, Pastor Ayo Oritsejasfor, Chief Ayo Adebanjo, Dr Derin Ologbenla, Dr. Tunji Abayomi, Erelu Abiola Dosunmu, Dr. Doyin Okupe, Dr. Reuben Abati, Mr. Oronto Douglas, Mrs. Ankis Briggs, Dr. Frederick Fasehun, Chief Oyebisi Ilaka, Prof. George Obiosor, Bishop George Bako, Mrs. Onyeka Owenu, Mrs. Rachael Onigam Dr. Joe Oke-Odumakin, Debo Adeniran, Rev. Tunji Adebiyi, Mr. Wale Okunniyi, Demola Olota and Mr. Bisi Olatilo, the master of ceremony.

    The celebrator, who was accompanied by his wife, Dr. Banwo, reiterated his call for national conference to discuss the contentious national issues germane to peaceful co-existence among Nigerians.

    Urging Nigerians to support President Jonathan to succeed, Braithwaite said: “This country will not disintegrate under the President’s watch. I sincerely believe that we will all have a national dialogue to solve our problems”.

    Fashola, who spoke before the book, presentation complained that the Federal Government had refused to give Lagos a special status within the federation.

    He said: “Mr. President, you owe us a debt, which your illustrious predecessors failed to discharge. Since you inherited the benefits, I must transfer the burden to you. Our state deserves a special status”.

    President Jonathan replied that his administration would give the governor’s demand a serious thought because of the role of the state in national life.

    He said: “When I was the deputy governor of Bayelsa State, somebody asked my brother, Admiral Porbeni, where do you live? He said he was living in three places; where they get the money, where they share the money and where they spend the money; that is Port-Harcourt, Abuja and Lagos.

    “Mr. Lagos governor, we need to work together to develop all parts of the country. Lagos is important to us. No government can ignore Lagos. Between 50 and 52 per cent of the economy is controlled by Lagos, according to the Central Bank of Nigeria. Anything that impacts on Lagos will impact on Nigeria”.

    President Jonathan congratulated Braithwaite, noting that he had dedicated his life to the promotion of law, justice and democracy as a lawyer, rights activist and politician.

    He said: “In 1983, he ran for the presidency under NAP, promising to eliminate all rats and cockroaches. he vowed to move all the people in Mushin to Victoria Island and people in Victoria Island to Mushin. he was saying that he wanted to correct social imbalances and inequality. he is an apostle of transformation and change. At 79, he remains active and productive; he is a role model and father figure”

    President Jonathan also praised Braithwaite for his belief that the law must serve the purpose of justice, urging the judiciary to learn from that virtue by paying attention to the social purpose of law and fighting corruption.

    He said his administration would pay attention to the consolidation of the union, rule of law, democracy and dialogue for the resolution of conflicts.

    Fashola congratulated Braithwaite, saying that his book, which he wrote in 1987, explained the importance of law and the route to justice.

    He said his administration had been guided by divine laws in making laws for the good order and progress of the state, adding that the recent traffic law was not an exception.

    The reviewer, Prof. Ninalowo, lauded the revised book, stressing that it projected Braithwaite’s feelings about the supremacy of justice.

    Decrying all forms of injustice, he added: “Oil subsidy removal, N5,000 note should have been dropped because they were unjust. Countries of the world with similar challenges have held national conference and Nigeria cannot be an exception”.

    Ninalowo berated corruption in high places, especially misappropriation of resources, adding that these vices have made Nigeria a failed state. He added: “Corruption exacerbates conditions of poverty and injustice and victims of injustice will always protest”.

    Braithwaite asked Nigerians to support the President, who he said, would address the pressing problems of the country.

    He stressed: “This is a President I believe should have all support. In have been invited by past Presidents, invited to be part of the government, but I declined. But this is a President we should all support.  The only way we can administer the affairs of human beings is if we have the fear if God and love of fellow human beings.

    “Last week, Democrats in United States decided to bring back God to their platform. we should fear God. You cannot avoid god and make progress”.