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Tag: Lagos lawyer

  • Falana advises CCT chairman to respond to query of judicial commission

    Lagos lawyer, Femi Falana (SAN) has advised the chairman, Code of Conduct Tribunal (CCT) Justice Dankadi Umar to respond to the query issued and served on him by the  Federal Judicial Service Commission (FJSC).

    “If he fails to reply the query the Federal Judicial Service Commission may wish to recommend his removal from office to the National Judicial Council pursuant to paragraph 13 (a) of Part 1 of the Third Schedule to the Constitution 1999 which will in turn make appropriate recommendations to the President”, he said.

    Falana recalled that while dismissing the allegation of judicial misconduct arising from the circumstances surrounding the suspension of the Chief Justice of Nigeria (CJN),  Justice Walter Onnoghen, the Chairman of the CCT,  Justice Danladi Umar has questioned the power of the Federal Judicial Service Commission to query him.

    “According to him, the Code of Conduct Tribunal is under the Presidency and as such the Chairman and the two other members of the Tribunal only report to the President of the Republic. To justify his queer position, Justice Umar said that a former Chief Justice had warned the members of the Tribunal to stop calling themselves judges.

    But in a statement issued in Lagos  on Sunday Falana contended that the  “CCT is not under the Presidency”.

    Falana stated the Federal Judicial Commission was perfectly in order when it queried the Chairman of the Code of Conduct Tribunal with respect to the allegation of judicial misconduct leveled against him.

    He stated that .unlike ministers and staff in the Presidency who can be removed  by the President, the Chairman and members of the Code of Conduct Tribunal cannot  not be removed from office by the President except upon an address supported by two-thirds majority of each of the House of the National Assembly on grounds of misconduct or for contravention of the code of conduct for public officers.

    He said the retirement age of Chairman and members of the Code of Conduct Tribunal is 70 years like Justices of the appellate courts adding that they cannot be removed from office before attaining the prescribed retirement age’

    He explained that  the power of the Federal Judicial Service Commission to recommend to the National Judicial Council the removal of the Chairman and members of the CCT  cannot be exercised without  conducting an inquiry into the allegation of judicial misconduct involving federal judicial officers.

    The statement stated in part: “With respect, the Chairman and members of the Code of Conduct Tribunal are recognised as judicial officers by the Constitution. For the avoidance of doubt, the Tribunal Chairman shall “be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria …”

    “By virtue of section 36 (1) of the Constitution the Code of Conduct Tribunal shall be constituted in such manner as to secure its independence and impartiality”, he stated.

    He regretted that  a Tribunal established by the Constitution as an independent juridical organ of the Federation has conveniently reduced itself to an appendage of the Presidency.

    “Apart from the Chairman and members who are appointed by the President on the advice of the National Judicial Council,  the staff of the Tribunal are not appointed or seconded by the Presidency.

    “It is expressly stated in the Constitution that the power to appoint the staff of the Tribunal and to exercise disciplinary control over them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with an Act of the National Assembly. Contrary to the embarrassing position of the Tribunal Chairman, Paragraph F of Part 1 of the Third Schedule to the Constitution, 1999 as amended provides that the Federal Judicial Service Commission shall advise the National Judicial Council in nominating persons for appointment and removal of federal judicial officers including the Chairman and members of the Code of Conduct Tribunal.

    “Paragraph 15 of Part 1 of the Fifth Schedule to the Constitution provides that the President shall appoint the Chairman and members of the Code of Conduct Tribunal on the recommendation of the National Judicial Council”, he stated.

  • Falana to FG: It is unlawful to stop salaries of striking ASUU members

    Lagos lawyer, Femi Falana (SAN) has urged the federal government to withdraw its directive stopping the salaries and allowances of the striking members of the Academic Staff Union of Universities (ASUU).

    Falana said the directive was not justified in law.

    The federal government had last week directed the Vice Chancellors of all federal universities in the country to apply Section 43 of the Trade Disputes Amendment Act by seizing the salaries and allowances of the striking members  of the Academic Staff Union of Universities (ASUU).

    But Falana, in a statement issued in Lagos on Momday titled, “Why “no work no pay” rule is never applied to striking employees contended that the directive could not be justified in law on  the grounds that only the governing councils of the affected institutions are empowered by the relevant laws to subject the academic staff to any form of disciplinary action.

    He also argued that the salaries and allowances of striking lecturers could  not be seized without due process.

    Rather, Falana advised the federal and state governments to accelerate the ongoing negotiations  between the authorities and the ASUU so that the striking  lecturers could return to the classrooms as soon as  possible.

     He disagreed with the claims of the Minister of Labour and Productivity, Dr. Chris Ngige reported to have said  that until section 43 of the  Trade Disputes Amendment Act which disentitles employees to payment of salaries and allowances  during strikes “is expunged or repealed through legislative process by the  National Assembly, it remains not just applicable but a  point of law for compliance by all citizens of  Nigeria.”

    Falana wondered why the minister  has not challenged the  decisions of the Supreme Court which he cited and which held  that it is the exclusive powers of the Governing Council of  every university to discipline lecturers whose employment enjoys statutory flavour.

    He maintained that the “no work no pay” policy has always been put in abeyance to ensure the effective resolution of the subject matter of any industrial action.

     “Therefore, since the federal  government has  endorsed the payment of salaries and  allowances of striking lecturers the controversial directive

    to the Vice Chancellors of all federal universities ought to  be immediately withdrawn”, he said.

    Falana said it was curious why the minister did not disclose that the federal government has always put the law aside in a bit to end strikes embarked upon by workers  in the public service.

    According to him, “a clause is usually inserted in collective agreements that employees who had  taken part in an industrial action would not be damnified in any manner whatsoever and howsoever.

    “The practice was  judicially endorsed  in the case of Senior Staff  Association of Nigerian Universities v Federal Government of  Nigeria (unreported suit no  NIC/8/2004 whose judgment was  delivered on May 8, 2007)  where the National Industrial  Court held  that ” …it is perfectly lawful for an  employer to choose to dispense with the ‘no work no  pay’ rule.

    “In other words, strike pay is lawful if an employer chooses to pay same and not to penalise the strikers in any other way for the strike.

    “It is lawful for employees to agree with their employer that wages will be paid and no other detriment suffered even when strike actions are embarked upon”, he contended.

    “With particular reference to strikes by university lecturers the federal government has always entered into Collective Agreements with ASUU  to the effect that “nobody shall be victimised in any way whatsoever for his/her role in the process leading to these resolutions and Agreement”.

    “The clause was inserted in the 1992, 2009 and 2013 Collective Agreements which were freely signed by the representatives of the federal and state governments as well as ASUU”, he recalled.

  • Lagos lawyer rejects Ogun chief priest title

    A Lagos lawyer, Mr. Ebenezer Tunde Omobobami, has raised the alarm over threats to his life by Ogun worshippers in his native home of Ile-Oluji, Ondo State.

    He accused the Ogun worshippers of  attempting to force him to succeed his late father as Ogun Chief Priest in Odolua Quarters of the community.

    In a petition to the police in Ondo State, Omobobami said following the death of his father, Chief Ogundayo Omobobami, who was the Chief Priest, some years ago, the Ogun adherents had insisted that the successor must be one of his children.

    In a petition on his behalf by his counsel, Mr. Michael Akamo, Omobobami said worshipping Ogun ran contrary to his Christian faith but that the adherents of the Ogun cult would have none of that.

    “Our client’s elder brothers and their immediate family members were initiated into the Ogun cult before they were able to escape to abroad. Due to the absence of the said elder brothers, it now beckons on our client to be the next Ogun priest.

    “Contrary to their expectation, our clients and his family members no longer worship Ogun; they are now Christians and the tenets of Christianity does not allow him to worship the true God with mammon,” Omobobami’s counsel complained to the police.

    Besides, the lawyer said he is now facing serious threats from the worshippers who trailed him to his Lagos home where they sent hoodlums to threaten his life, following which he had to decamp to another place with other members of his family, which is more of a hideout and a disservice to his profession as a lawyer.

    Omobobami urged the police to come to his aide, noting that another Ogun festival would hold next month in the community and he would be expected to lead the adherents as chief priest.

  • Falana to Nigerians: Sue govt. for poor healthcare delivery

    Falana to Nigerians: Sue govt. for poor healthcare delivery

    Lagos lawyer, Femi Falana (SAN) has said Nigerians can sue their governments for failure to provide adequate healthcare delivery.

    He said governments in Nigeria are failing in providing health and security for their citizens. He described the two as inalienable rights of Nigerians.

    According to the rights activist, the Federal Government should henceforth pay the ransom demanded by kidnappers for the release of Nigerians abducted which he said was brought about by failure to secure their lives.

    Falana spoke on Thursday a lecture he delivered at the public presentation of a book on “Financing Universal Health Coverage in Nigeria” held at Afe Babalola University, Ado-Ekiti (ABUAD). The book is written by Dr. Olaofe Ogundipe.

    Falana in his lecture titled: “The Justiciability of Health as a Human Right” insisted that federal and state governments can fund healthcare for all citizens of the country.

    He argued that Section 17 of the Constitution and National Health Act 2014 made it a matter of imperative for government to foot the medical bills of poor Nigerians, regretting that these are not being implemented.

    He said: “I know the defenders of the status quo are going to say that the federal and state governments cannot afford to fund healthcare for all citizens.

    “My answer is that the governments can, if they are prepared to make healthcare for all citizens a priority. This has been demonstrated by Cuba which has for over 50 years funded free healthcare for all her citizens.

    “That country which is ahead of many developed countries in the area of medical services has no oil, gold or diamond.

    “Since it may be argued that the population of Cuba is only 12 million; what of China which has guaranteed affordable healthcare for the teeming population of 1.4 billion people.

    “If we do not want to follow the example of Cuba and China, we can borrow a leaf from other countries which have extended medical services to the poor and disadvantaged people by opting for medical insurance.

    “The federal government has already opted for the latter and has enacted the National Health Insurance Scheme (NHIS) Act. Our duty is to make the law work in the overall interest of the masses of our people.”

    On kidnapping, he said: “Let me say, if I am kidnapped today and I pay ransom to secure my freedom, I will surely take FG to court to refund my money because it is the responsibility of government to secure my life.”

     

  • Fayose slams Lagos lawyer over Malami’s claim

    •Governor must prove allegation, says Lagos lawyer

    EKITI State Governor Ayodele Fayose has criticised human rights lawyer, Femi Falana (SAN), over allegations by the Attorney General of the Federation, Abubakar Malami (SAN), linking the lawyer to a N1 billion property he allegedly bought.

    Fayose said it was “embarrassing, shameful, disgraceful that such a man of his stature, reputed to be a human rights activist, friend of the masses, crusader of justice and defender of democracy could be linked to such scandal”.

    Addressing reporters in Ado-Ekiti yesterday, Fayose said: “It is has become necessary to add my voice to the new scandal, where you find our supposed men of honour, defenders of democracy, crusaders of justice, people who want corruption stamped out of our land, allegedly traced to similar unfortunate purchases of alleged stolen property, especially, when such allegations are coming from the number one Minster of Justice, Abubakar Malami (SAN).”

    The embattled former Chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina, had accused Falana of buying the building, which was one of the properties he allegedly helped to seize from pension thieves and handed over to the Economic and Financial Crimes Commission.

    Malami had, while testifying before the National Assembly, last week, echoed the allegation, saying the property was sold to a ‘Lagos lawyer’.

    But Fayose said: “The disclosure by the Minister of Justice and Attorney-General of the Federation that a Lagos-based lawyer was one of many highly placed Nigerians who allegedly were compensated by the EFCC and Ibrahim Magu with properties retrieved from corrupt government officials was initially taken with a pinch of salt.

    ”However, Mr. Falana, friend and defender of every obnoxious act by EFCC and Magu, has come into the open to not only give veracity to the allegation but also admit that he was the Lagos-based lawyer in question.”

    Falana has, however, denied the allegation.

    Reacting to Fayose’s comments, the Lagos lawyer said: “You may wish to advise the garrulous governor of  Ekiti State to prove  the monstrous allegation. Since I pressured the state to charge Mr. Fayose  and his armed goons with the cold murder of Dr. Ayo Daramola and  Tunde Omojola he has been desperately to link with criminal activities, Mr. Fayose has once again  to prove the allegation that I acquired any property illegally.”

     

  • Lagos lawyer: whistleblowing helping corruption fight

    Lagos lawyer: whistleblowing helping corruption fight

    Human rights lawyer Festus Keyamo has lauded the whistleblowing policy of the Federal Government as an effective tool in tackling corruption.
    Keyamo told News Agency of Nigeria (NAN) in Lagos that the various revelations about money stashed and abandoned in some places were the positive effect of the whistle-blowing.
    “People are now ready to blow whistle, the populace now have confidence in assisting the government to fight corruption through whistleblowing.
    “The war against corruption, which seemed to be lost, is now turning back to a win situation and revival for the country. The only warning is that we are not yet there but we have taken a huge step forward.
    “Whistleblowing is very good and everybody is now a watchdog. I commend the policy, a situation whereby everybody can raise alarm and also alert the Economic Financial and Crime Commission (EFCC).
    “We are gradually winning but we are not there yet as there are many things to be done in this regard,’’ he said.
    Keyamo said though whistleblowing had recorded some success stories, there must be diligent investigation before trial in court to forestall loss of corruption cases.
    “The second part of the anti-corruption fight is that we must strengthen the arm of prosecution, if we don’t want corruption cases as an exercise in futility.
    “The investigative part of the alleged crime must be diligent so that by the time people are taken to court, the case is solid enough and it will be easy for the prosecution to do the job.
    “In most cases, by the time the case gets to the prosecutor, the case is hazardly done. But on the other way round, investigation should have been properly carried out and prosecutor will do his part.
    “Investigation must be thorough before it gets to the prosecutors, it is important that investigations are well-sorted out so that the prosecution becomes easy,’’ he said.

  • $4.8million fraud: Ajudua challenges right of EFCC to prosecute him

    $4.8million fraud: Ajudua challenges right of EFCC to prosecute him

    Lagos lawyer, Fred Ajudua, has challenged the right of the Economic and Financial Crimes Commission (EFCC) to prosecute him over charges that he allegedly defrauded a former Chief of Army Staff Lt-Gen. Ishaya Bamaiyi of $4.8million.

    The EFCC had alleged that Ajudua defrauded Bamaiyi while they were in Kirikiri Maximum Prisons in 2004.

    According to the EFCC, Ajudua had approached Bamaiyi who was facing trial for the attempted murder of the late publisher of The Guardian Newspaper, Mr Alex Ibru and convinced him that he could help to secure his freedom.

    He was alleged to have received $4.8million from Bamaiyi as legal fees for the law firm of Chief Afe Babalola and Company but which later turned out as false.

    At resumed proceeding Monday, Ajudua through his counsel, Mr Norrison Quakers in an application dated January, 6, 2017 challenged the jurisdiction of the court to hear the case.

    Norrison told the court that they have filed an affidavit and a reply on points of law challenging the jurisdiction of this court to hear this case.

    “The law provides that an information in this charge can only be filed by the Attorney-General of the state and not the EFCC,”

    He therefore urged the court to quash the charges brought against his client by the anti-graft agency.

    But counsel to the EFCC, Mr S.A Atteh objected to the application.

    Atteh said that there was a judgment of the Court of Appeal upholding the right of the EFCC to prosecute the matter.

    The agency, he said, has responded by filing  a counter-affidavit dated  February 9, 2017 detailing its opposition.

    He prayed the court to allow the judgment of the Court of Appeal on whether the EFCC has a fiat to prosecute this case.

    “I urge the court to dismiss the application of the defence and call the defendant to take his plea,” he said.

    Justice Oyefeso has however adjourned the case to March 30 for ruling.

  • The military lacks power to declare civilians wanted-Falana

    The military lacks power to declare civilians wanted-Falana

     

    Lagos lawyer, Femi Falana (SAN) has said that the military authority lack the power to declare civilians as wanted persons.

    Falana who made this clarification in a statement issued on Tuesday in Lagos in reaction to the three persons, Ahmed Bolori,a social worker; Aisha Wakil, a lawyer and human rights activist and Ahmed Salkida, a journalist declared wanted on Sunday by the military over alleged link with Boko Haram.

    He said the military should stop further harassment of the three civilians.

    He advised “since journalists and other civilians in combat operations are entitled to full legal protection under the Constitution and the Geneva Convention, the Nigerian Army should be directed by the Chief of Army Staff to stop any further harassment of the “wanted” persons.

    “As a matter of urgency, the National Human Rights Commission should make it clear to the members of the armed forces that we are no longer under military dictatorship when the fundamental rights of the Nigerian people were violated with impunity.

    By declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS adding, “in the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution.

    “In addition, the freedom of movement of Mrs Wakil and Mr. Bolori whose passports have been illegally impounded has also been violated by the army. Even under the defunct military dictatorship in Nigeria the arrest and detention of journalists as well as the closure of media houses by security operatives were declared illegal by several courts. Indeed, on several occasions, the ruling military oligarchy was ordered to pay monetary damages for the breach of the human rights of journalists and very many other citizens”.

    He stated for instance “the Punch newspaper was awarded reparation of N22 million over the 1994 closure of its business premises and detention of its editor, Mr. Bola Bolawole by the combined team of armed soldiers and mobile policemen under the  Sani Abacha junta.

    “In Civil Liberties Organisation v Nigeria (2001) AHRLR 75 some journalists who reported s phantom  coup plot against the Abacha junta were tried before  a Special Military Tribunal. They were convicted and jailed for being accessories after the fact of treason.

    “The complainant dragged the federal government to the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. As the federal military government had no defence to the allegations of mistrial the African Commission held that the arrest, investigation and prosecution of the convicts violated Article 7 (1) of the African Charter on Human and Peoples Rights. Similar trials of civilians by military courts in Mauritania and Sudan have been vitiated by the Commission on the ground that they failed to meet the independence test”, he stated.

    Falana recalled that on Sunday, August 14, 2016, the proscribed   Boko Haram terrorist sect had released a video showing some of the abducted Chibok girls.  Shortly thereafter, the Nigerian Army declared three persons wanted over alleged links with the terrorist organisation and for concealing information from the federal government on the whereabout of the girls who were kidnapped on April 14, 2014.

    Although Mrs Wakil reported herself to the army soon after the announcement, she was released and asked to await further instructions. She and Mr. Bolori have since been admitted to administrative bail by the army after meeting some conditions including the submission of their international passports. Thus, the planned pilgrimage to Mecca by the duo has been aborted by the army without any legal basis.

    In justifying the decision to declare the three persons wanted the Nigerian army spokesperson, Colonel Sani Usman, stated that “there is no doubt that these individuals have links with  Boko Haram Terrorist sect and have contacts with them. They must therefore come forward and tell us where the group is keeping the Chibok girls and other abducted persons to enable us rescue them…We rely on the relevant laws of the land and in particular the Terrorism Prevention Act  (as amended) where Nigerians could be punished for failure to disclose information about terrorists or terrorist activities.”

    He also recalled that Salkida, in his reaction to the serious allegations of withholding information and maintaining contacts with the terrorist stated via his Twitter that the video in question was sent to him before the girls’ abductors uploaded it on Youtube.

    Notwithstanding the gravity of the allegations of maintaining contacts  with a terrorist movement and concealing information  from the federal government, Falana contended that the decision of the Nigerian army   to declare the “suspects” wanted is ultra vires, illegal and unconstitutional in every material particular.

    “Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004.  Furthermore, under  the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.

    ”In other words, the powers of arrest, investigation and prosecution under the Act have been vested in the Nigeria Police Force and the State Security Service. In the circumstances, the Nigerian Army ought to have made available to either the Police or the SSS any evidence or information concerning the alleged links of the three persons to the terrorist body”, he stated.

     

  • Rotary honours Lagos lawyer

    Lagos lawyer, Wahab Shittu is to be decorated as an Honourary Rotarian and also conferred with the prestigious Merit Award of Vocational Excellence of the Rotary Club of Ilorin.

    Shittu will be decorated as a Rotarian during the installation of the  12th President, Rotarian Shittu Waheed Abiola scheduled for Saturday, September 12, 2015 at the Kwara State Banquet Hall, Ilorin.

    Rotary Club is conferring the honour on Wahab Shittu  in accordance with Article 7, Section 6, Sub-Section (a) of the Constitution of the Rotary Club International.

    A letter signed by President of the club, Rotarian Shittu Abiolaand titled, “Notification of Conferment of Merit Award” stated, “with due regards, we write to formerly notify you that you have been nominated and selected to receive our prestigious Merit Award of Vocational Excellence scheduled to be conferred on you during the installation of the  12th President, Rotarian Shittu Waheed Abiola.

    “This is as a result of your altruistic and philanthropic service to our great country, Nigeria. Accept our congratulation”.

    The Rotary is an organisation of business and Professional leaders united worldwide to provide humanitarian service, encourage high ethical standard in all vocations and help build goodwill and peace in the world in more than 160 countries worldwide.    Approximately 1.2 million Rotarians belong to 30,000 Rotary Clubs.

  • Lagos lawyer backs Akeredolu

    Lagos lawyer backs Akeredolu

    A Lagos lawyer and former member of Lagos State House of Assembly Babatunde Ogala is mobilising support for Action Congress of Nigeria (ACN) candidate in Ondo State Governorship election Oluwarotimi Akeredolu (SAN.

    A statement by Ogala urged all Ondo indegenes and residents to vote the former Nigerian Bar Association (NBA) President as governor on October 10.

    He said: “Please send to every Ondo citizen or resident you know . This is the Road Map for the next four years God willing. Mr Rotimi Akeredolu is a development-orientated leader, very focused, honest and prudent gentleman from whom we expect accountability and transparency. He is also our guarantee to effective equitable and judicious allocation and management of the resources of the state for positive development and progress of both the people and the State.

    “The oil-producing status of Ondo will not last forever. Vote a prudent manager that would deploy our resources to develop the infrastructural needs of the State.

    “Let us vote for a State where the labour of our people, tax payers’ money and our God-given resources not only matter as huge figures depicting good income but translate into an economically vibrant state, educationally advanced, ethically and morally conscious people being the basic index for better and higher standard of living.