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  • Events, cases that shaped Judiciary in 2017

    Events, cases that shaped Judiciary in 2017

    Last year was eventful for the Judiciary. Its hallmark were forfeiture orders, appointment of new Lagos and Federal High Court Chief Judges and Justice Isa Ayo Salami’s rejection of his appointment. ERIC IKHILAE, ADEBISI ONANUGA, JOSEPH JIBUEZE and ROBERT EGBE review the issues and cases that shaped the year.

    It was a busy 2017 for the judiciary. Several developments made headlines. Some of the major cases and issues are:

    Saraki

    On December 12, the Court of Appeal in Abuja voided the acquittal of Senate President, Bukola Saraki by the Code of Conduct Tribunal (CCT) following his trial on an 18-count charge of corruption and false assets declaration.

    The court, in a unanimous judgment on an appeal filed by the Federal Government, set aside the June 14, 2017 judgment of the CCT, which upheld Saraki’s no-case submission.

     

    Salami rejects appointment

    Former President of the Court of Appeal, Justice Isa Ayo Salami, rejected his appointment as the head of the committee set up by the National Judicial Council (NJC) to monitor the prosecution of corruption cases in courts – Corruption and other Financial Cases Trial Monitoring Committee (COTRIMCO).

    Although the Chief Justice of Nigeria (CJN) and Chairman of the NJC, Justice Walter Onnoghen regretted Justice Salami’s rejection of his appointment, he approved the appointment of Justice Suleiman Galadima in his (Justice Salami’s) place.

     

    Appeal Court to get 14 new Justices

    The CJN and the President of the Court of Appeal, Justice Zainab Bulkachuwa confirmed, on December 14 this year, the elevation of 14 judges, including Justice Mohammed Idris of the Federal High Court to the Court of Appeal. The elevation, already approved by the NJC, if confirmed by the President, as required, will raise the number of the Justices of the Court of Appeal to 100.

     

    NJC okays sack of Ademola and Tokode

    On December 7, the National Judicial Council (NJC) announced its recommendation for the compulsory retirement of Justices Ademola F. A. Ademola and O. O. Tokode of the Federal High Court.

    Justice Ademola last sat at the court’s Abuja division, while Justice Tokode was at the Benin division before their compulsory retirement.

     

    Supreme Court sacks Hembe, Sen Danladi

    The Supreme Court, on June 23 last year, sacked Senator Sani Abubakar Danladi, representing Taraba North Senatorial District, Taraba State and replaced him with Isah Shuaibu Lau.

    The court also sacked a House of Representatives member, Iorwase Herman Hembe, representing Vandeikya/Konshisha Federal Constituency of Benue State and replaced him with Mrs. Dorothy Mato.

     

    Ex-PDP chair’s son’s death

    Trial began on December 7 in the case of Maryam Sanda, wife of Bilyamin Bello, the late son of former Chairman of the Haliru Bello; her mother, Maimuna Aliyu; brother, Aliyu Sanda and one other, Sadiya Aminu before the High Court of the Federal Capital Territory in Jabi.

    Maryam is charged with culpable homicide, punishable by death under Section 221 of the Penal Code Act.  She is accused of causing her husband’s death “by stabbing him on the chest and other parts of the body with a knife and other dangerous weapons, which eventually led to his death.”

     

    Diezani

    On January 6, last year, the Federal High Court in Lagos ordered the forfeiture of $153,310,000 (about N46.6billion) allegedly diverted by a former Petroleum Minister, Mrs Diezani Allison-Madueke.\

    The EFCC said the money was stashed in three banks in Nigeria, namely Access Bank Plc, First Bank Plc and Fidelity Bank Plc. The former minister is said to have connived with the banks’ executives to hide the loot.

    On February 16, the court ordered the final forfeiture of the $153million.

    On August 28, the Federal High Court in Lagos ordered the final forfeiture of N7.6billion allegedly stolen and hidden by Mrs Alison-Madueke. Justice Abdulazeez Anka granted an application by EFCC seeking the money’s final forfeiture to the Federal Government.

    On October 3, Mrs Alison-Madueke asked the court to order the Federal Government to facilitate her return to Nigeria to face trial.

    She asked for an opportunity to defend allegations against her in a charge filed against Belgore and Suleiman.

    On November 1, Justice Aikawa held that the application was “bizarre”, “misconceived” and lacking in merit. He dismissed it.

    On October 11, the Federal High Court in Lagos ordered the final forfeiture of 58 houses belonging to Mrs Alison-Madueke.

    Justice Anka held that the properties should be forfeited since no one came forward to claim or justify ownership after the interim forfeiture order was advertised.

    On December 5, the Federal High Court in Lagos ordered the temporary forfeiture of two penthouses valued at $4.760m allegedly belonging to Mrs Alison-Madueke. The properties are: Penthouse 21, Building 5, Block C, 11th floor (Bella Vista Estate) Banana Island, Ikoyi, and Penthouse 22, Block B (Admiralty Estate) also in Ikoyi, Lagos. Justice Olatoregun ordered that they be forfeited to the Federal Government.

     

    Adegboruwa vs Magu

    Last February 20, human rights lawyer Ebun-Olu Adegboruwa withdrew his suit asking the Federal High Court in Lagos to restrain Mr Ibrahmi Magu from parading himself as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).

    Adegboruwa’s lawyer, Tayo Oyetibo, SAN, told Justice Mojisola Olatoregun that he had pleaded with the plaintiff to withdraw his suit because, among others, “Magu should be supported in the fight against corrupt practices in the country.”

    Justice Olatoregun consequently struck out the suit.

     

    Adegboruwa’s case

    Justice Oluremi Oguntoyibo of the Federal High Court in Lagos on February 24 withdrew from the trial of activist-lawyer Ebun-Olu Adegboruwa. She said she would return the case file to the Chief Judge for re-assignment to another judge. Justice Oguntoyibo said she was withdrawing from the case for “personal reasons.” EFCC arraigned Adegboruwa for allegedly dealing in a seized property.

     

    2016 corruption index

    Nigeria ranked 136th of 176 countries in the 2016 corruption perception index, according to the Transparency International (TI) report.

    The country ranked 28 in the score, having scored 26 in 2015, 27 in 2014, 25 in 2013 and 27 in 2012.

     

    Lawyers to Supreme Court

    Justice Onnoghen asked the Nigerian Bar Association (NBA) to nominate lawyers for appointment as justices of the Supreme Court.

    NBA recommended nine senior lawyers for appointment as Supreme Court justices, including former NBA president Dr Olisa Agbakoba (SAN), former Abia State Attorney-General and Commissioner for Justice Prof Awa Kalu (SAN), Chief Anthony Idigbe (SAN), Yunus Usman (SAN) and Babatunde Fagbohunlu (SAN). The shortlisting was said to have been done by a committee chaired by NBA president Abubakar Mahmoud.

     

    Ex-JTF commander

    EFCC on February 3 re-arraigned former Commander of the Joint Task Force, Operation Pulo Shield Maj. Gen. Emmanuel Atewe for alleged N8.5billion fraud. Atewe was charged along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi.

    The prosecution, which also named Kime Engozu and Josephine Otuga in the charge, said NIMASA, under Akpobolokemi, approved billions of naira to several military personnel, who were purportedly engaged to patrol the creeks to prevent pipeline vandalism and illegal bunkering. The funds, EFCC said, were allegedly diverted to private accounts through fraudulent means.

     

    Ozekhome’s account

    The Federal High Court in Lagos on February 7 ordered a temporary forfeiture of N75million found in the account of an activist-lawyer Chief Mike Ozekhome (SAN). On April 3, the court defreezed the account. EFCC said it froze Ozekhome’s GTBank account because the N75million Fayose paid him was suspected to be proceed of crime.

     

    Belgore, Suleiman

    The EFCC on February 8 arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering. He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act. They pleaded not guilty.

     

    Ex-NIMASA D-G

    The Federal High Court in Lagos on February 21 dismissed a no-case submission made by former Nigerian Maritime Administration and Safety Agency (NIMASA) acting Director-General Calistus Obi. Justice Mojisola Olatoregun ordered him to open his defence.

    EFCC arraigned Obi on eight counts of converting N378,810,000 from NIMASA.

     

    Obanikoro vs EFCC

    Senator Musiliu Obanikoro and his family on February 22 sued EFCC at the Federal High Court in Lagos over the seizure and detention of their property. They sought a declaration that the forceful seizure of their personal effects constitutes a gross violation of their rights.

     

    Ex-NAMA MD

    On March 10, the Federal High Court in Lagos ordered the temporary forfeiture of N3.5bilion and $67,586.27 in the accounts of former Nigerian Airspace Management Agency (NAMA) Managing Director Ibrahim Abdulsalam and other officers. The others are former NAMA General Manager, Procurement, Olumuyiwa Adegorite, former General Manager, Finance, Segun Agbolad and former acting General Manager, Information and Communication Technology (ICT) Bolaniran Akinribido.

    The rest are Director of Finance Clara Aliche, Adegorite’s wife co-director of Multeng Travels and Tours Ltd, Joy, Abiodun Sessebor, Randville Investment Ltd, Multeng Travels and Tours, Delosa Ltd, Airsea Delivery Ltd and Sea Schedule Systems Ltd.

     

    Sagay vs Senate

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) had a running battle with the Senate in 2017. He said the Senate lacks the authority to summon him, being a private citizen. Sagay said the lawmakers were embarking on a “futile” exercise that could have “embarrassing consequences” by asking him to appear before them.

     

    INEC officials

    On April 5, the EFCC arraigned three Independent National Electoral Commission (INEC) officials for allegedly receiving bribes from former Petroleum Minister Mrs Diezani Alison-Madueke to compromise results of the 2015 general elections. Christian Nwosu, Yisa Adedoyin and Tijani Bashir were arraigned before Justice Mohammed Idris of the Federal High Court in Lagos. They allegedly collected N264.88million bribe on March 27, 2015 from the minister ahead of the election.

     

    Ex-Naval chief

    The Federal High Court in Lagos on April 6 ordered the forfeiture of N1.8billion recovered from a former Chief of Naval Staff, Dele Ezeoba. Justice Muslim Hasan ruled on EFCC’s application praying for a permanent forfeiture N1,825,000,000 allegedly diverted fraudulently by Ezeoba.

     

    Patience Jonathan’s account

    The Federal High Court in Lagos on April 6 de-freezed a bank account belonging to wife of former President Goodluck Jonathan, Patience with over $5,842,316.66 (about N1.7billion) lodged in it. Justice Mojisola Olatoregun-Ishola defreezed the account  based on an application filed and argued by Mrs Jonathan’s lawyer, Mr. Adedayo Adedipe (SAN), said his client was not a party to the suit.

    On November 14, the Federal High Court in Lagos granted an order temporarily freezing N350million allegedly traced to Mrs Jonathan. The money is in an account domiciled in Stanbic IBTC, EFCC said. Justice Hadiza Rabiu-Shagari granted EFCC’s ex-parte application filed by its lawyer Mr Rotimi Oyedepo.

     

    NBA leadership’s sack

    The Nigerian Bar Association (NBA) leadership on April 12 claimed it was not in contempt of court by refusing to vacate office following a Federal High Court judgment nullifying the associations constitution. Justice John Tsoho declared the association’s 2015 amended constitution illegal for non-compliance with the Companies and Allied Matters Act (CAMA) and for not being registered with the Corporate Affairs Commission (CAC). The judge granted the plaintiff’s reliefs, including an injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution.

     

    N449m found in Lagos shop

    Justice Rilawan Aikawa of the Federal High Court in Lagos on April 19, ordered the temporary forfeiture of N449,750,000 found in an abandoned Bureau de Change shop on Victoria Island in Lagos.

     

    INEC staff convicted

    On May 3, the Federal High Court in Lagos convicted an INEC staff for allegedly accepting over N70million bribe from former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election results. Justice Mohammed Idris convicted Yisa Adedoyin for receiving cash payment of N70,050,000.00 after he pleaded guilty to an amended charge.

     

    NIMASA D-G Omatseye’s acquittal

    On May 11, the Court of Appeal, Lagos Division, overturned the five-year conviction of a former NIMASA Director-General, Temisan Raymond Omatseye, for an alleged N1.5billion contract scam. The court set aside the May 20, 2016 judgment of Justice Rita Ofili-Ajumogobia which convicted Omatseye on a 27- count charge bordering on bid rigging and contract splitting.

     

    Fani-Kayode re-arraigned

    The EFCC on May 15 re-arraigned former ministers of Aviation and Finance, Chief Femi Fani-Kayode and Senator Nenadi Usman for alleged N4.6billion fraud. They pleaded not guilty to the 17-count charge of laundering.

    The defendants were first arraigned on June 28, 2016 before Justice Muslim Hassan. But, on March 16, he recused himself from the case after Fani-Kayode accused him of likely bias.

     

    Ifeanyi Ubah’s arrest

    The Federal High Court in Lagos on May 25 ordered the Department of State Services (DSS) to charge Capital Oil and Gas Ltd Managing Director Dr Ifeanyi Ubah within 48 hours or release him unconditionally. Justice Idris held that Ubah’s detention without charge violated his rights. He knocked the DSS counsel for lying on oath in a bid to justify Ubah’s illegal detention. The Service arrested Ubah on May 6 over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the Nigeria National Petroleum Corporation (NNPC”.

     

     

    Surety jailed

    The Federal High Court in Lagos on June 13 sent  Ibikunle Olusakin to seven years imprisonment for presenting forged documents to the court when he acted as surety for a suspect.

     

    Tompolo’s suit

    The Federal High Court in Lagos on July 5 dismissed a suit by a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), who was declared wanted on February 12, 2016. He was charged with an alleged N45.9 billion fraud. He sought an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.” Through his lawyer Ebun-Olu Adegboruwa, he said the sections were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.

     

    Senator’s 12-storey building

    The Federal High Court in Lagos on October 4 dismissed an application by Senator Peter Nwaoboshi to release his seized 12-storey building. He represents Delta North Senatorial District.

    He prayed the court to discharge an interim order made by Justice Anka forfeiting the property.

    EFCC accused the Senator of defrauding Delta State of N1.5billion and laundering part of it through a company, Suiming Nigeria Ltd and that he acquired the property with part of the money. Justice Anka held there was no abuse by the commission in “attaching” the property.

     

    Agbakoba sues Fed Govt

    In October, Dr Agbakoba sued the Federal Government over alleged violation of the Federal Character principle in the composition of the Nigerian National Petroleum Corporation (NNPC) board. He said none of the persons appointed to fill the nine positions were from the states that make up the Southeast geo-political zone. According to Agbakoba, more than one person were appointed from other geo-political zones in violation of the constitution.  Members of the board include Dr Tajuddeen Umar (Northeast), Dr. Maikanti Baru (Northeast), Mr. Abba Kyari (Northeast), Mr. Mahmoud Isa-Dutse (North Central), Mallam Mohammed Lawal and Mallam Yusuf Lawal (both Northerners). Others are Dr. Emmanuel Ibe Kachikwu (South-South), Dr. Thomas M.A John (South-South), and  Dr. Pius O. Akinyelure (South-West).

     

    Paris/London Club loan

    The Federal High Court in Lagos on October 13 ordered the temporary forfeiture of N1.4bilion, being part of Paris/London Club loan, to the Federal Government. EFCC said N1,442,384,857.84 was fraudulently obtained from the states through the Nigerian Governors Forum (NGF).

     

    Osborne Tower’s Flat N7b

    On  November 9, EFCC accused former National Intelligence Agency (NIA) Director-General Ayodele Oke of fraudulently converting the agency’s funds. It alleged that Oke’s wife, Folasade, used part of the funds to buy Flat 7B in Osborne Towers on 16 Osborne Road, Ikoyi, where large sums of foreign and local currencies were recovered. The Federal High Court in Lagos ordered the flat’s temporary forfeiture to the Federal Government. It was later forfeited permanently.

     

    Nnamani’s arrest

    On December 4, the Federal High Court in Lagos ordered the arrest of former Enugu State Governor Dr Chimaroke Nnamani. Justice Chuka Obiozor issued a bench warrant for his arrest after Nnamani failed to turn up for his re-arraignment.

    EFCC first arraigned Nnamani 11 years ago on 105 counts of alleged money laundering and economic crimes involving about N4.5billion state funds.

     

    Lagos director’s ‘N28m’

    The Federal High Court in Lagos on December 7 ordered the temporary forfeiture of N28.5million allegedly stolen by a Director of Accounts in the Lagos State Public Works Corporation (LSPWC) Mr Anifowoshe Muhammed Jamiu Alade. EFCC said the sum recovered from him “is reasonably suspected to be proceeds of unlawful activity to wit: stealing.” Justice Aikawa ordered the interim forfeiture to the Federal Government of properties recovered from Alade.

     

    Fanta/Sprite Vitamin C controversy

    Last March, a Lagos High Court ordered the Nigerian Bottling Company (NBC) to place written warnings on Fanta and Sprite bottles against drinking them with ascorbic acid, commonly known as Vitamin C.

    Justice Adedayo Oyebanji awarded costs of N2million against the National Agency for Food and Drug Administration and Control (NAFDAC) for failing to ensure health standards.

    The court held that high levels of benzoic acid and sunset additives in the popular soft drinks could pose a health risk to consumers when mixed with vitamin C.

    The NBC, which insisted its products are safe, has appealed the ruling.

     

    Cynthia Osukogu’s killers

    A Lagos State High Court in Igbosere on March 23 convicted Okwumo Nwabufo and Olisaeloka Ezike who were charged with the murder of a postgraduate student of Nasarawa State University, Cynthia Osokogu.

    The judge, Justice Olabisi Akinlade, ordered that Nwabufo and Ezike be hung by the neck until they are dead.

    Osokogu, then 25 years old, was lured from Abuja to Lagos on July 21, 2012 by Nwabufo, who she met and befriended on Facebook.

    The men assaulted before killing her.

     

    Justice Nganjiwa’s corruption charge quashed

    On December 11, the Court of Appeal, Lagos Division, struck out the criminal charge filed by the EFCC against a judge of the Federal High Court, Justice Hyeladzira Nganjiwa.

    The EFCC arraigned the judge for allegedly receiving a total of $260,000 and N8.65m gratification to enrich himself as a public official.

    His trial began last June 23 before Justice Adedayo Akintoye of the Lagos State High Court in Igbosere.

    On November 22, the judge excused herself from the trial following a petition written against her by Nganjiwa, alleging the possibility of bias.

    However, following an appeal by his lawyer, Chief Robert Clark (SAN), the appellate court struck out the charge.

    The court agreed with Clarke that a judge could not be prosecuted until such judge had either been dismissed or compulsorily retired by the National Judicial Council.

     

    Rickey Tarfa

    EFCC on December 12 opposed a no-case submission filed by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.

    The anti-graft agency arraigned Tarfa on March 10, 2016, on a 27-count charge which was amended to 26 counts.

    It was also alleged, among others, that Tarfa offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, Lagos, in order to compromise the judge.

    The trial began in March 2016 before Justice Adedayo Akintoye of the Lagos State High Court, Igbosere.

     

    Lagos, Federal High Court get new Chief Judges

    On October 20, Governor Akinwunmi Ambode swore in Justice Opeyemi  Oke as the 16th Chief Judge of Lagos. She succeeded Justice Olufunmilayo Atilade who attained the mandatory retirement age on Sunday September 24, 2017.

    Justice Oke joined the Lagos State Judiciary as a Senior Magistrate in 1986, rising to Chief Magistrate Grade 1 in1996. She was also a Deputy Chief Registrar of the High Court of Lagos State between 1993 and 1994. She was appointed Judge of High Court of Lagos State on July 19, 1996.

    On September 16, Justice Onnoghen swore-in Justice Abdu Kafarati as the Acting Chief Judge of the Federal High Court. He succeeded Justice Ibrahim Auta.

     

    Justice Ofili-Ajumogobia’s trial

    The trial of a federal high court judge, Justice Rita Ofili-Ajumogobia, which began  in November 2016, continued to make headlines in 2017. EFCC arraigned her and Chief Godwin Obla (SAN) for alleged bribery and conspiracy to pervert the course of justice.

     

    Evans

    The Lagos State government on August 30 arraigned suspected billionaire kidnapper,  Chukwudumeme Onwuamadike, a.k.a. Evans, before Justice Hakeem Oshodi of an Ikeja High Court for alleged kidnapping of one Dunu Donatus.

    Evans was arraigned alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu.

    The defendants were on October 19 re-arraigned on a two-count amended charge bordering on conspiracy and kidnapping.

    Evans is also facing two other kidnapping charges before Justice Oluwatoyin Taiwo of the Lagos State High Court, Igbosere.

    A fourth arraignment on a similar charge before Justice Adedayo Akintoye stalled following objections by Evans’ lawyer, Olukoya Ogungbeje.

     

    West Africa’s first DNA centre

    The commissioning of the “first state-owned DNA Forensic Centre in West Africa” by Lagos State Government coupled with the formal adoption of plea bargain by the state were another land mark events that shaped 2017.

    Governor Akinwunmi Ambode, who opened the facility, said it would go a long way in resolving crimes, paternity issues and others through technology which is the modern trend across the world.

    The facility provides crime scene processing; serological screening for blood and semen; DNA analysis of bone, teeth and hair; maternal and paternal relationship DNA analysis; expert witness and case handling services; paternal and maternal ancestry DNA analysis; cold case file review and mass disaster human identification.

  • ‘Judiciary needs committed leadership to thrive’

    ‘Judiciary needs committed leadership to thrive’

    The challenges facing the Judiciary are not insurmountable. Speakers at the 10th Annual Business Luncheon (ABL) of SPA Ajibade & Co. said through a committed leadership, things can get better. JOSEPH JIBUEZE reports.

    Chief Judge of Lagos, Justice Opeyemi Oke, has blamed lawyers for encouraging corruption in the judiciary.

    He said lawyers close their eyes to acts of corruption rather than reporting culprits to the appropriate authorities for sanctions.

    She spoke at the 10th Annual Business Luncheon (ABL) of SPA Ajibade & Co, with the theme:  Commitment to Leadership.

    Justice Oke, who co-chaired the event, emphasised the need for partnership between lawyers and the judiciary.

    She also highlighted strides the judiciary is making in Lagos state under her stewardship in stamping out ineptitude and misconduct amongst its staff.

    The CJ blamed the Nigerian Bar Association (NBA) for not doing enough to stamp out corruption in the judiciary.

    “The leadership of the NBA really needs to sit up because most of the problem that we are having in the judiciary, in respect of performance and so on, the root or the foundation of the vices actually are implanted by the members of the Bar.

    “It is the members of the Bar that come to the court environment to conduct their businesses and also tempt our workers especially those in the administrative cadre.

    “I cannot imagine why a lawyer who knows his right from his left will want to give a sort of brown envelope or some gratification to a registrar of the court so that they can take your file for assignment.

    “It’s high time that members of the Bar looked inwards and try to raise the standard of discipline among the members of the Bar,” she said.

    Justice Oke said it was regrettable that the Nigerian culture of showing appreciation had been bastardised among court workers, who now demanded gratification to do their job.

    She reiterated her commitment to sanitising the judiciary and solicited lawyers’ support.

    The luncheon, which held last December 14 at the Metropolitan Club in Victoria Island,  focused on the need to improve the legal industry and the administration of justice .

    In addition to celebrating a decade of the concurrent run of the ABL, the firm held a tripartite celebration to mark its 50th anniversary, and the launch of its first published book titled: A Review of Contemporary Legal Trends in Nigerian Law, which was authored by associates and partners in the Firm.

    The book, published by LexisNexis, provides up-to-date advisory information on recent laws, regulations and policies as well as analyses of contemporary developments to the various legal sectors that would be of interest to foreign investors and local practitioners.

    The first co-chair, former Supreme Court Justice Emmanuel Ayoola, spoke on ways in which legal practitioners can uphold leadership in their capacity as lawyers to ensure the continued prestige and respect of the legal profession.

    He expressed regrets that 90 per cent of the appeals going before the Supreme Court nowadays are on technicalities rather than substantive issues of law.

    This trend, he said, was a proof that the country’s jurisprudence is on a progressive decline.

    “When you get to the Court of Appeal, when you get to the Supreme Court and when you look at the index of the law reports, you’d find that 90 per cent of reported cases coming before our highest court are all about technicalities and procedure, nothing, absolutely nothing about substantive law.

    “The judges are not to blame, because it is what the lawyers put forward that the judges will consider.

    “The Nigerian Bar must be resourceful and dynamic. Jurisprudence must be nurtured and developed. The dearth of legal textbooks must be removed.

    “We must rebuild the legal profession if legal contemporary trends are to be the father of future legal trends. We must begin to put higher values on legal learning. We must be bold and daring enough to strengthen, assist and encourage younger lawyers in every form.”

    The firm’s Managing Partner, Dr. Babatunde Ajibade (SAN) reflected on its journey through the years and discussed ground-breaking plans for the future, which includes fostering a partnership with the judiciary and recommending ways to improve efficiency.

    He assured the “reformist Chief Judge” that she had a ready partner in the law firm in her quest to maintain the highest standard of ethics and discipline in the judiciary.

    The firm’s founder, Chief Simon Peter Ajibade (SAN), relived how the firm was established and reflected on the changes that have occurred in the legal profession over the years.

    He said he was impressed with what the firm he started in 1957, seven years after being called to the Bar, had become.

    Ajibade, a former Attorney-General of the Western State, recalled with nolstagia his early practice days in Ibadan with Justice Ayoola and his brother.

     

    Partners’ recommendations

    Three partners in the firm highlighted significant topics in their areas of practice and the role SPA Ajibade & Co is playing to support desired improvements in the legal industry.

    Partner and Head of the Intellectual Property Department, Mr. John Chike Onyido, addressed the legislative and adjudicatory shortcomings regarding intellectual property litigation in Nigeria.

    For example, in the area of Copyright Law, he contended that the locus of foreign copyright owners to institute actions for infringement before the Courts merited review and clear interpretation of Section 41 of the Copyright Act.

    The section, he noted, empowers the Minister to certify by means of an official gazette particular countries who are signatories to international treaties/conventions along with Nigeria, and who accord reciprocal protection to works by Nigerian authors first published in Nigeria.

    He added that loopholes in the Act have been exploited by some to escape liability for copyright infringement instituted by foreign authors.

    He also discussed the Court of Appeal’s decision in the case of Microsoft Inc. v. Franike Enterprises Ltd..

    He argued that the decision was issued per incuriam (through or characterised by lack of due regard to the law or the facts) in view of the fact that the Copyright (Reciprocal Extension) Order 1972 actually listed the appellant’s country of residence as one of the countries whose authors are eligible for copyright protection in Nigeria.

    He pointed out that the Federal High Court’s jurisdiction to entertain intellectual property matters under the 1999 Constitution and the Federal High Court Act were less than optimal.

    According to Onyido, they require further amendments to broaden their scope and reach to accommodate the protection of trade secrets and commercially sensitive information.

    Partner and Head of Real Estate and Succession Department, Mr. Olayimika Olasewere, discussed issues encountered by practitioners and their clients in dealing with the Probate Registry.

    He suggested how the whole process could be simplified by redesigning the Probate Forms and Letters of Administration Forms to ease confusion and difficulties in the filing process.

    The firm, he said, had taken the initiative to design a set of forms, proposed as templates for the official form for grants of probate and letters of administration in Lagos State.

    The forms, he said, are simple to use, structured and organised with the purpose of aiding both the applicants and the probate staff to provide, understand and put to use, the necessary information.

    The improved forms may be made available in electronic format on the court’s website for ease of access, he said.

    A litigation partner in the firm, Mr. Kolawole Mayomi, presented three proposals and recommendations for improving the speed and efficiency of commercial dispute resolution practices in Nigeria.

    These are: an amendment Section 286 of the 1999 Constitution to abolish the right of appeal from jurisdictional challenges between the Federal and State High Court; and block-time scheduling of trials, based on counsel and the court’s assessment of how long a case may take, as a panacea to the frustration experienced in the frequent and often long adjournment of cases.

    “This approach will help build up a proper costs practice in Nigeria, rather than the present nominal costs approach, particularly where a long-scheduled matter is sought to be peremptorily truncated by a flippant application for adjournment on the morning of the hearing,” Mayomi said.

    Another recommendation he made is the deliberate placing of arbitration-related matters and applications on judicial fact-track order to enhance Nigerian’s standing as a viable seat of arbitration.

  • Ex- Chief Judge blames poor leadership for nation’s woes

    Ex- Chief Judge blames poor leadership for nation’s woes

    Immediate past Chief Judge of the Federal High Court, Justice Ibrahim Auta has argued that the many crises plaguing the nation today are traceable to poor leadership.

    Justice Auta noted that the country was faced with many challenges ranging from corruption, kidnapping, ritual killings, lack of infrastructural development, favouritism, nepotism and religious crisis.

    He said: “At the root of these challenges is leadership. What we have been lacking in Nigeria is good and purposeful; nationalistic and patriotic leaders.”

    Justice Auta spoke in Abuja at a reception and award night held in his honour by Society Watch Media Ltd (SWML) on Tuesday evening.

    The retired jurist faulted the general perception that the Judiciary is a corrupt institution. He said the Judiciary and the judges were merely victims of corruption allegations.

    He said that because judges were barred from speaking to the press, most of the corruption allegation levelled against them often became sustainable.

    Justice Auta said the impression that judges were corruption was becoming acceptable, because the people believed whatever they read in the media, without first, verifying from other sources.

    He noted that there was no country and sector free from corruption in the world, but that the difference was in the magnitude.

    Justice Auta urged Nigerians to pray for President Muhammadu Buhari to enable him act in the best interest of the country and ensure that his policies benefit the people.

    He said there need for the recruitments of more policemen in order to ensure adequate security in the country.

    Justice Auta noted that the current insecurity problem in the country necessitated the need for more personnel for the Nigeria Police Force that is well equipped and adequately funded.

    The Chief Executive Officer (CEO) of SWML, Michael Balogun also argued that the nation was currently plagued with challenges because its leaders were not focused and committed to the welfare of all.

    Balogun said: “Our problem is not corruption as we are made to believe, but leadership, because a good and purposeful leader will know that stealing our common resources is a sin against God.”

    He hailed Justice Auta for distinguishing himself as a man of integrity, “who performed excellently well during his tenure between 2011 to 2017.”

  • Group to judiciary: stage conferences during vacation

    A human rights group,  Access to Justice (A2Justice), has urged the judiciary to organise conferences for judges during vacation and holidays.

    It said to mitigate trial delays, the judiciary must address its role in causing them.

    The group noted that from November 20 to 24, judges had their bi-annual conference in Abuja.

    It said its representatives visited some courts and observed that there were cases listed for that week, but had to be adjourned because the judges were attending the conference.

    A2Justice­, in a statement by its Deputy Director Dr. Adenike Aiyedun, said neither litigants nor lawyers were informed that courts would not sit.

    “In the courts we surveyed, we also found that litigants/court users whose cases were scheduled to be heard this week were not informed beforehand that the courts would not be sitting.

    “Therefore, these court users would turn up and then be told that no business will or can be conducted by their respective courts because court judges are away on Conference. This, again, is not right.

    “There would be many litigants/witnesses who would have given up important commitments in order to come to court, and it is no comfort to them to be told that Judges are attending some Conference,” A2Justice said.

    The group said while it has no objection to judges holding conferences, they could be scheduled in a way that cases do not stall.

    A2Justice said in India, for instance, judicial conferences are held on Easter as well as on Independence Day.

    It added that such conferences could hold during vacations, just as the Nigerian Bar Association (NBA) does, to minimise the negative impact on court business.

    “Once courts open for business, the time available to be applied towards adjudication of disputes technically belongs to court users and the satisfaction of their needs, and not the judges themselves, since it is to meet the needs of court users that the Judiciary owes its existence.

    “The Judiciary, therefore, is accountable to the public, particularly to court users, for the use of that time. It stands to reason that a Judge’s primary function and overarching responsibility is to attend to the business of the court,” the group said.

    A2Justice urged the judiciary to imitate other countries that hold such conferences on weekends or public holidays.

    “The Judiciary is interested in cutting trial delays but it must now walk the talk and introduce reforms that remove all the factors that occasion delays in the trial system.

    “Taking a stand that judicial conferences will no longer disrupt courts’ adjudicative functions will set a worthy example for every stakeholder in the justice system: it will amplify the message that it is no longer business as usual in our courtrooms, and that the Judiciary expects judges to no longer superimpose other responsibilities over their primary adjudicative duties.

    “If the National Judicial Council (NJC) fails to do this, the current paradigm of adjudicatory delays will not change and will continue to create unpleasant experiences for court users and an unfavourable perception of courts and justice in Nigeria.

    “It is instructive to note that at opening of the ongoing Judicial Conference, President Buhari himself lamented: ‘Regrettably, court cases can drag on for years and years, sometimes decades without resolution’.

    “We urge the National Judicial Institute, the organiser of these conferences, as well as the Chief Justice of Nigeria (CJN) to review again the timing of these conferences in the interest of the timely administration of justice in Nigeria,” A2Justice said.

     

  • Judiciary has lost public confidence, says Lagos CJ

    Judiciary has lost public confidence, says Lagos CJ

    We have to be truthful to ourselves that we have lost the confidence of the public, fuelled largely by allegations of corruption in the system.”

    Lagos State Chief Judge (CJ), Justice Opeyemi Oke said this at the opening of a four-day workshop for judiciary staff at the Igbosere High Court, Ikeja.

    According to the Chief Judge, “this goes beyond the issue of bribery among staff; it extends to other administrative duties like orchestration of disappearance of case files, alteration of court orders by registrars of court, disappearance of Judge’s note or exhibits, illegal execution of judgments, depriving the State Government of its revenue by failure to issue receipts for fees paid or issuing of fake receipts to mention a few.”

    She lamented that corruption has given the Lagos judiciary a bad name, urging the staff to join her in the crusade against corruption or be shown the way out of the system.

    Justice Oke warned that henceforth, any member of staff found wanting in his or her duties will face disciplinary action and will be shown the way out of the system.

    “Let me state emphatically that it is now a new dawn in the Lagos State Judiciary as this administration will not tolerate such vices from any member of staff. This administration will by God grace have zero tolerance for corruption in whatever form.

    “The essence of this workshop again is to promote a new ethical orientation into the consciousness of all staff. We must imbibe a strong sense of integrity, a positive attitude to work and we must hold ourselves accountable to the highest standard of performance.

    “We must work for a transparent, efficient and timely judicial administration that will restore hope, repose confidence and inspire respect for the Judiciary and make it indeed the last hope of the ordinary citizens. The new Lagos State Judiciary must epitomise discipline, honesty, hard work, integrity, credence, dignity, honour and zeal for results and excellence”.

    Justice Oke other stakeholders in the judicial system including the local branches of Nigeria Bar Association (NBA), Judiciary Service Commission are already working with her to ensure that corruption is uprooted from the Lagos judiciary.

    “I must not forget to mention that all the judges of the Lagos State Judiciary are with me in the fight to eradicate the decadence that have been part of the system for a few years back now and so also the members of the Bar.

    “This is the first time we are having the executive members of all the five branches collaborating with the administration to fight the decadence. They are working on curbing corruption within the Bar and formulating Rules that will eradicate such when they come to transact their business in our offices.

    “Apart from this, we also have individual groups offering to join me in my mission to build a new Lagos State Judiciary, free of negative vices,” she said.

  • Our anger against judiciary, by Sagay committee

    Our anger against judiciary, by Sagay committee

    •FCT Chief Judge: dormant criminal cases to be struck out

    THE Presidential Advisory Committee Against Corruption (PACAC) has said it was not at war with the judiciary, but was “furious” with some judges and lawyers, who are allegedly sabotaging the judicial process.

    A member of the committee, Prof. Femi Odekunle, said PACAC was not against the judiciary.

    He spoke in Abuja at the opening of a four-day capacity building workshop for judges, magistrates, area court judges and registrars, organised by PACAC in collaboration with the High Court of the Federal Capital Territory (FCT).

    Chief Judge of the FCT High Court Justice Ishaq Bello said criminal cases in which much progress have not been made would be struck out.

    A Justice of the Court of Appeal, Helen Ogunwumiju, who gave the keynote address, urged judges to take firm control of their courts so that the judiciary does not become the weakest link in law enforcement.

    The workshop is on “The Application of the Practice Directions on the Implementation of the Administration of Criminal Justice Act 2015”.

    Prof. Odekunle, who chaired the event, said: “Contrary to the perception in certain quarters, PACAC is not against the judiciary, the legal profession or any set of judges or lawyers.

    “Yes, PACAC is furious against a few judges and a few lawyers, who are sabotaging the anti-corruption fight, because the few not only frustrate the fight, they also damage the diligent and honest work of the so many good and hardworking judges of our judiciary.”

    Prof. Odekunle said judges alone are not to blame for the delay of cases.

    “For instance, judges cannot be blamed for the archaic rules/regulations that literally ‘tie’ the hands of judges and give room for the God-forsaken shenanigans of defence lawyers; incompetent prosecutors further disabled by under-funding, under-staffing or inadequate logistics; and investigators who by default (and sometime by design) ignore to properly ‘service’ the ingredients to prove an offence,” he said.

    Justice Bello said a committee to be known as De-clogging Panel would be set up after the workshop with a mandate to identify dormant criminal cases to be struck out.

    He said he sent out circulars to all the prosecuting agencies six months ago asking them to compile a list of cases that they could no longer prosecute so they could be struck out.

    None of the security agencies responded, he said.

    “As soon as we’re able to set up this panel, we’re going to strike out these cases. Judicial tolerance is being overstretched.

    “Because we keep bending backwards on the ground that these are cases of armed robbery and murder, the investigating authorities tend to over-capitalise on that and keep seeking adjournments without completing investigations.

    “Cases tend to stay in court unattended. By the time we have this panel, I assure you, we’re going to throw out these cases, whether they’re armed robbery or murder cases.

    “If they choose to re-arrest, we’ll give them time-line to complete the prosecution, because we must rescue the integrity of the judiciary and the justice system. This we want to do,” he said.

    Justice Bello urged judges to exercise caution in extending remand orders.

    He said such detention orders were being granted as a matter of course, with suspects sometimes being unduly detained.

    “I think we (judges) should be more proactive, particularly when there is a second remand request.

    “We must be able to find reasons; legitimate grounds as to why the extension of the remand order earlier granted should be made. This will check the excesses of the remanding authority. This we should know should not be a matter of course. We must be able to ascertain why.

    “In the first instance, we may allow it to go, but when you want to keep the detained persons, you must give us reasons why there should be an extension of the remand order. The idea is to ensure expeditious completion of investigation and reduce delay of trial,” he said.

    Justice Ogunwumiju urged judges to be firm and in control of their courts and not let lawyers dictate proceedings.

    “We must take back control of our courts. We are dominus litis (master of a suit) in our courtroom. I have never been able to understand how any court would allow counsel representing a client get the opportunity to dictate the tune in the courtroom.

    “The law has given the judge the power to dictate the tune for lawyers and litigants to dance to. The judiciary cannot afford to allow itself to become the weakest link in the enforcement of our laws because the wheels of justice grind so slowly.

    “It is my ardent hope that all chief judges will follow this laudable example and enact similar Practice Directions in their various jurisdictions,” Justice Ogunwumiju said.

     

  • Buhari, judiciary, intimidation and rule of law

    Buhari, judiciary, intimidation and rule of law

    IN his address to the All Nigeria Judges’ Conference last week in Abuja, President Muhammadu Buhari reflected on a number of issues, among which was the raid on some judges’ residences last year. He went on to anchor his reflections on the topic of judicial intimidation and rule of law. Arguing his case before the eminent judges, the president suggested that it would be wrong to think the raid indicated executive intimidation of the judiciary and a repudiation of the hallowed concept of the rule of law. It is not clear whether the president thought he made a good case, or whether he was able to prove his government’s altruism in raiding the residences of some judges. But at least, he made a case, even if it was tenuous and a little disagreeable.

    In his words: “Without the rule of law the government will degenerate into dictatorship or anarchy. The theme you have chosen this year keys in with our administration’s resolve to strengthen the three arms of government to effectively fulfil their constitutional obligations…My lords, earlier this year the judiciary came under investigation. Let me again assure the judicial community, this action taken by the executive was in no way a prelude to usurping the powers of the National Judicial Council (NJC) or aimed at intimidating the judiciary. Executive and legislative officials were also investigated. I am aware that the majority of judicial officers are learned and incorruptible and day-in-day-out acting in the best spirit of their oath of office.”

    The president doubtless sounded remorseful. But whether that apparent remorse was a reiteration of the ongoing rapprochement with various persons, interests and organs, or whether it was not quite as heartfelt as it appeared, is not yet known. The president is, however, dead set on pacifying many aggrieved persons and groups in the country, probably for the main aim of securing a second term in office. There is no other way to assess his curious outreach to aggrieved groups and persons after first insisting, for about two years, that he was right on virtually all issues, regardless of their controversiality and even illogicality, and everyone else was wrong. But if his statements truly reflect his new mindset, even if they do not justify his old mindset, then perhaps the country should be hopeful that after a tortuous journey of self-discovery engineered by its hesitant and sometimes uncritical president, the country might be set to embark on a more enthralling and lasting democratic journey.

    President Buhari must forgive his critics for doubting his bona fides. He had hardly assumed office in 2015 when he made the injurious statement that his main headache was the judiciary, suggesting that he came into office with a prejudiced mind against the third arm of government. Since then, it has taken a herculean battle to compel the president to be nuanced about how he dealt with judicial matters. Reluctant but still unfazed, it has also taken the president almost three years in office to embrace the constant amelioration a president would need to show in order to survive the cut and thrust of office, not to say find the deep ideological positions indispensable to societal transformation and renewal.

    But the president also made very interesting statements about the rule of law. The country should be grateful that he did, for it is necessary to hold him up to his words. He had said that without the rule of law, the country would ‘degenerate’ into ‘dictatorship or anarchy’. He is absolutely right. But it is hard to tell whether he believed his own statements. The peril of reading speeches written by others is that statements such as this, which is a veritable self-indictment, slip through the cracks and find their way into the public domain. President Buhari speaks of the rule of law when all it takes to controvert his assertion is to point him in the direction of two of the leading cases being prosecuted by his government, cases he apparently feels very emotional about. The Sambo Dasuki and Ibraheem el-Zakzaky cases stand as ringing rebuttal of the president’s fawning statements on the rule of law. It would be strange if the president does not see and feel the contradiction.

    If the president discussed and examined all the perspectives in his speech before the judges’ conference, nothing in all he said suggested that the process was carefully done. It was probably perfunctory, or at worst an insidious appeal to votes. Even if he gets the votes, assuming that was his goal, the president should be worried about what legacy of ideas and structures he would bequeath the country when he leaves office. He has a duty to dig far deeper than he has done, perhaps with the help of self-confident aides who have overcome the fear of standing before him and nullifying his dramas and jaded ideas.

  • 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.

     

     

     

     

  • Osinbajo, others advise judiciary on speedy trial of cases

    Osinbajo, others advise judiciary on speedy trial of cases

    Vice President Yemi   Osinbajo   (SAN), former Justice of the Supreme Court, Justice Adolphus Karibe-Whyte (JSC) and stakeholders in the justice sector,  have urged  players in the justice sector  to pursue  speedy dispensation of criminal cases.

    The charge was given at a symposium on speeding up criminal litigation in Nigeria, organised by the Initiative for Socio-Cultural Fairness and Equity (FISE) in conjunction with Conference of Western Attorneys- General (CWAG) Africa Alliance Partnership, which held in Abuja.

    In his  address, Prof. Osinbajo urged players in the judiciary to always follow the rules of  courts  in the handling of criminal matters to avoid unnecessary delays,  stating  that the Administration of Criminal Justice Act (ACJA), 2015 was passed into law purposely to avoid unnecessary delay in the trial of criminal and corruption cases.

    The Vice- President, who was represented by Prof Bolaji Owasanoye of the Presidential Advisory Committee Against Corruption (PACAC) however, lamented that the ACJA so far has not lived fully to expectations.

    He identified the absence of case management as being  a  clog in the wheel of speedy dispensation of justice in the country, stressing that the tool is not just aimed at speeding up trial,  but ensuring that cases are concluded and justice is served.

    He said: “ If all ministers in the temple of justice imbibe the principle of case management, it will put an end to impunity as the system ensures that those found guilty are sent to jail and those found to be innocent are freed on time.

    Osinbajo said an improved justice system would not only inspire confidence in the legal system but would attract foreign investment into the country.

    He, therefore, praised the organisers of the symposium for gathering stakeholders to brainstorm on how to eradicate delays in the nation’s justice system.

    Earlier in his opening remarks, the chairman of the occasion and a retired Justice of the Supreme Court, Justice Adolphus Karibe-Whyte attributed  delays  of criminal trials to tactics of some lawyers.

    He stated that lawyers, especially those on the defence are fond of asking for adjournments in the hearing of cases over flimsy reasons, and urged Judges to stop granting adjournment when there is no need for it.

    He said the introduction of  Plea and Case Management Hearing (PCMH) will help in the management of criminal litigation and sentencing in the country and added that the purpose of the PCMH is to enable the court to deal before hand with all the issues about the case that may derail or cause delays of the trial.

    Also speaking, Director, CWAG AAP, Markus Green, who noted that the judicial system is key to moving litigation forward, emphasised the role of training for judicial officers.

    He said the symposium which is aimed at improving justice delivery in Nigeria is in line with CWAG AAP’s mandate of promoting the rule of law and international cooperation.

    He said CWAG provides and supports joint training programmes, international collaboration platforms, information exchange and knowledge sharing amongst others.

    According to him, the organisation is currently working with justice departments and law enforcement bodies such as the office of the Attorney General, Department of Public Prosecution ( DPP), the police, academic bodies and other organisations in several African countries.

    Topics discussed at the workshop include, Case Management orders and directions, prosecuting criminal cases in Nigeria: Issues and International perspectives – USA and ICTY system of criminal litigation.

     

     

  • Managing Africa’s ‘second busiest’ judiciary

    Managing Africa’s ‘second busiest’ judiciary

     Managing the Lagos State Judiciary, reportedly Africa’s second busiest, is no mean task. The person on whose shoulders the task falls is  the Chief Judge, Justice Opeyemi Oke. What are her plans? Robert Egbe writes.

    Lagos State prides itself as one of Africa’s foremost socio-economic frontiers. Its claims are, in many respects, meritorious. Last May, its Gross Domestic Product (GDP) was calculated at $136 billion, giving credence to the assertion of Lagos State Governor Mr. Akinwunmi Ambode that the state has the fifth largest economy on the continent, larger than that of any African country except South Africa, Egypt, Algeria, Angola and Morocco.

    Also, although it is the smallest in area of Nigeria’s 36 states, its estimated 24 million residents make it Africa’s most populous city.

    The state’s economic and demographic vibrancy now appears to have spilled to its judicial system, with claims being made that it is sub-Saharan Africa’s second judicial powerhouse.

    This hint was first given on October 9, 2017 by Ambode when, at a church service to mark the Lagos State golden jubilee 2017/2018 legal year, he described the state’s judiciary as Nigeria’s busiest.

    The service was also the first public event organised by then acting Chief Judge of Lagos State, Justice Opeyemi Oke.

    Justice Oke was sworn in as Acting Chief Judge in September 2017 to replace Justice Olufunmilayo Atilade, who retired on September 24 at the statutory retirement age of 65.

    Last Friday, Governor Ambode swore her in as the substantive Chief Judge of Lagos State.

    Her swearing-in followed the recommendation of the National Judicial Council (NJC) and confirmation by the Lagos State House of Assembly.

    Ambode said: “I congratulate members of the busiest judiciary in Nigeria in maintaining a high standard of integrity….Indeed Lagos State has a general reputation for trailblazing reforms in the justice sector and in many other sectors.”

    On October 10, a Senior Advocate of Nigeria (SAN) and former President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun described the Lagos State Judiciary as the busiest in Africa, apart from South Africa’s.

    Olanipekun said the statistics showed that the volume of cases filed in Lagos courts were unmatched by that of any African judicial system, except, perhaps, that of the Rainbow Nation.

    He stated this in his keynote address: Promoting a pace-setting and productive judiciary in Lagos State, during a Bar and Bench Forum, which was part of activities marking the state’s legal year.

    The problem with size

    One major problem with its size is that the Lagos judiciary must continuously up its investment in manpower and infrastructure to keep up with the pace of cases filed in its high, magistrates and customary courts as well as other judicial panels.

    According to Olanipekun, between 2015 and October 4, 2017, a total of 3548 civil and criminal cases were filed before the Lagos State High Court.

    The Federal High Court, Abuja, had a total of 3963 cases within the same period. Yet the Federal High Court has about 100 judges as against 56 judges in Lagos.

    The lawyer called for an urgent recruitment of more hands for the state’s judiciary, particularly on the High Court Bench, to cater for the judicial challenges facing it.

    Failure to do so would worsen the problem of delay in the administration of justice that the Nigerian judicial system is often accused of.

    Chief Ifedayo Adedipe (SAN) believes the recruitment of more judicial officers would ease their burden.

    He said: “I believe some of the things that contribute to the delays are found in the way the courts have been set up.

    “Another issue is  the volume of cases being handled by judges on a daily basis. When a judge has about 30 cases to handle in a day, he can only do as much as he is able to cope with, particularly, considering the fact that we still go the analogue way.”

    According to Ambode, the state is aware of the problem.

    “Indeed Lagos State has a general reputation for trailblazing reforms in the justice sector and in many other sectors.

    The volume of cases handled by the judges and magistrates has necessitated the appointment of additional judicial officials with improved welfare and continuous infrastructural development to further enhance the quality of justice delivery,” Ambode said.

    All eyes on Justice Oke

    The legal community got its first public glimpse of the Chief Judge at the simultaneous Christian and Muslim services at the Cathedral Church of Christ and Central Mosque, Lagos Island, during the special opening service for the 2017/18 legal year.

    Justice Oke’s comments at the event left no one in doubt that there was a new sheriff in town who was determined to raise the bar of the administration of justice in the state.

    The CJ, whose tenure ends on June 10, 2019, explained that her mission was to create “a judiciary that epitomises discipline, honesty, hard work, integrity, credence, dignity, honour and zeal for results and excellence.”

    She pledged to, among others, uphold the rule of law, “stamp out all forms of official corruption, make speedy dispensation of justice a hallmark of Lagos State Judiciary and improve on the reputation of Lagos State Judiciary as a pace setter and the best in Nigeria and Africa.”

    ‘Oaths of secrecy, allegiance’

    One of the ways the CJ plans to safeguard the integrity of the system is for judiciary workers attached to judges to swear to oaths of secrecy and allegiance.

    Justice Oke observed that the work judges do is sensitive and secrecy oaths will shield their support staff from the temptation to divulge sensitive information about cases.

    She said: “One of the things that we are going to do soon, is to make sure that every member of staff of the judiciary will swear to an oath of office, oath of secrecy and oath of allegiance; and that is very, very important.

    “We have sworn to an oath and we have members of staff that have not done so. So, they have that as an excuse. We have to let them know that every supporting staff of a judge must also swear to that oath.”

    The CJ also warned lawyers that lawyers that delay tactics would no longer be entertained.

    “…It’s going to be tough this time; it’s a new era and no longer Christmas as it used to.

    “We are not going to allow unnecessary adjournments, we are going to talk to ourselves as judges and we are going to be firm, because there are certain things members of the Bar do here that they won’t dare do in Europe or America. Unnecessary adjournments will cost you your practising licence, but you come here and you do all these.”

    Other reforms

    Justice Oke revealed that as part of the reforms of her administration, lawyers will now serveý as court registrars and that 28 legal practitioners are already undergoing training for that purpose.

    She pledged to look into the issue of increment in filing fees and flush out the bad eggs tarnishing the judiciary’s image.

    The CJ added: “The committee for the 2018 Rules of Court has been set up and is chaired by Hon. Justice K Alogba.

    “An “APP” will be introduced which can be installed to enable counsels have access to the diary of the court.

    “Members of the bar who are trained mediators would be invited to sit as mediators (pro bono) on old cases so as to decongest the courts.”