Tag: Lateef Fagbemi

Minister of Justice and Attorney General of the Federation (AGF), Prince Lateef Fagbemi (SAN) has urged the media to fight for a judiciary that truly serves as the last hope of the common man.

“As members of the media, you play a crucial role in this endeavor. By holding the judiciary and government accountable, educating the public on their rights, and amplifying the voices of the oppressed, you ensure that the scales of justice remain balanced.”

While admitting media’s role in shaping public perception and its responsibility in promoting unity rather than discord, the AGF conceded that the media is a powerful tool as it informs, educates, and entertains.

He noted, however, that “when issues are misreported or sensationalized,it can harm our nation’s cohesion, stability, and progress.”

The AGF stated this in a keynote address delivered at Gavel International Annual Lecture 2024 held on Friday at the Gallery of the Lagos Chamber of Commerce and Industries (LCCI), Nurudeen Olowopopo Way, Central Business District (CBD), Alausa, Ikeja.

The theme was “The Judiciary As The Last Hope of The Common Man”.

The AGF who was represented by Prof. Prof.  Olukayode Olatoke remarked that the judiciary stands as a pillar of democracy, and its strength is a measure of our commitment to justice and equality.

He said while much has been achieved, there is still work to be done adding “together—with the judiciary, the executive, the media, and the citizens—we can build a Nigeria where every individual, regardless of status or station, can find justice, hope, and dignity.”

Read Also: Nigeria’s laws outdated, need holistic review, says Fagbemi

Prince Fagbemi disclosed that justice sector reforms have been at the core of his objectives in the Ministry of Justice.

He said on assumption of office, he made it a priority to enhance the efficiency, independence and accessibility of judiciary.

He outlined some of the strides of his ministry to include Judicial Reforms, Access to Justice for all which he said should not be a privilege but a right for every Nigerian, regardless of socio economic status.

Chairman of the event, Prince Julius Adelusi-Adeluyi called on Nigerian lawyers and the judiciary to spearhead the country’s transformation, emphasising the need for boldness and integrity in upholding the rule of law.

The Chairman who also spoke on the theme, challenged legal professionals to implement dynamic solutions to Nigeria’s challenges, warning against empty rhetoric.

The Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), and the Chief Judge of the Federal High Court, Justice John Tsoho have advocated for enhanced application of the provisions of the Administration of Criminal Justice Act (ACJA) and the Administration of Criminal Justice Laws enacted by states.

They said it was necessary to ensure continuous promotion of the ACJA/ACJL and the National Minimum Standards (NMS) as a measure to improve the effectiveness of the criminal justice system.

Fagbemi and Justice Tsoho spoke in Abuja on Tuesday at “the ACJA/ACJL Rangers Training and the launch of the National Minimum Standards (NMS) for the implementation of the ACJA and state Criminal Justice Laws,” with participants from across the country.

The event was organised by the Centre for Socio-Legal Studies (CSLS) and the Federal Ministry of Justice, with support from the Rule of Law and Anti-corruption (RoLAC) Programme.

Fagbemi, who was represented by the Director of the Administration of Criminal Justice and Reform Department, Federal Ministry of Justice, Mrs. Leticia Ayoola-Daniels emphasised the importance of the NMS in the workings of the nation’s criminal justice system.

The AGF said: “The NMS is a groundbreaking tool aimed at harmonizing the implementation of the ACJA and ACJLs across the federation.

“By establishing consistent guidelines, we aim to enhance the efficiency, transparency, and effectiveness of criminal justice processes nationwide.

“This alignment will be invaluable for addressing disparities, reducing delays, and ensuring that justice is accessible and equitable for all Nigerians.

“The NMS identifies and addresses areas where compliance falls short, develops strategies to raise awareness among the general public about the provisions and implications of these laws, and achieves a benchmark for the implementation of ACJA and ACJL across the country to fast-track dispensation of justice,” the AGF said.

Justice Tsoho, who was represented by the Director of Alternative Dispute Resolutions (ADR) at the Federal High Court, Mrs. Zainab Biu commended those behind the initiative.

Read Also: FG committed to addressing challenges in justice system, says AGF Fagbemi

The Chief Judge of the Federal High Court noted that the ACJA is a comprehensive response to the challenges that have long plagued our criminal justice system;  challenges such as delays, human rights abuses, and a lack of transparency.

Let us all pledge our support to the ACJA Rangers and the National Minimum Standards. Together, we can build a criminal justice system that truly serves the interests of justice and upholds the rights of all Nigerians,

He was confident that the NMS will further strengthen the implementation of the ACJA, by providing clear benchmarks for all stakeholders.

“These standards will serve as a guide for judges, prosecutors, defence attorneys, law enforcement officers, and other justice sector actors, ensuring consistency and uniformity in the application of the law.

“Let us all pledge our support to the ACJA Rangers and the National Minimum Standards. Together, we can build a criminal justice system that truly serves the interests of justice and upholds the rights of all Nigerians,” Justice Tsoho said.

The President of the CSLS, Professor Yemi Akinseye-George (SAN) said the standardisation required for the effectiveness of the criminal justice system was for the Federal Government and every state in the country to bring their Administration of Criminal Justice legislation into conformity with the agreed National Minimum Standards.

Akinseye-George added that under the NMS, all ACJ legislation in the country is required to provide for the following:

*Prosecutions of crimes are handled by legally trained persons, thereby abolishing lay police prosecutors. (Section 106 of the ACJA 2015)

*Prohibition of stay of criminal proceedings on account of an interlocutory appeal. (Section 306 of the ACJA 2015)

*Provision of a clear time frame for trials, and other case management measures including a pre-trial case management system; day-to-day trials, and limitations on the number and duration of adjournment of criminal cases. (Section 396 of the ACJA 2015.

*Creation of the Administration of Criminal Justice Monitoring Committee (ACJMC) or an equivalent body as the institution to monitor and coordinate compliance and implementation of the ACJ Legislation. (Section 496 of ACJA 2015).

The Minister of Justice and Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), on Tuesday, November 19, reaffirmed the federal government’s commitment to addressing the challenges within the justice system.

This commitment is reflected in strategic policies and mechanisms aimed at enhancing democratic principles, upholding the rule of law, ensuring access to justice, and establishing minimum standards for the enforcement of human rights, according to Fagbemi.

He emphasised that the reform of the justice sector is a key component of President Bola Tinubu’s administration’s developmental agenda.

Fagbemi made these statements during the opening ceremony of the conference for the Network of Justice Sector Reform Teams (JSRTs) held in Ilorin, Kwara state.

The conference was organized by the Federal Ministry of Justice with support from the European Union-funded Rule of Law and Anti-Corruption (RoLAC II) Programme of International IDEA.

Fagbemi said: “As you are aware, the reform of the justice sector is at the heart of this administration’s developmental blueprint. You may recall that one of the cardinal items on our Renewed Hope Agenda as an administration, is to drive judicial reforms to achieve sustainable socio-economic growth and investment, facilitated by the rule of law, and to address the challenges militating against the administration of justice in our country.”

The minister, however, noted that the pursuit of justice lies at the heart of Nigerian’s collective aspirations for a fair and equitable society, adding that, “It is a fundamental pillar upon which the rule of law rests, and it is essential for the maintenance of peace, stability, and social cohesion.

“However, as we gather here today, we do so against the backdrop of persistent challenges that continue to hinder the effectiveness and accessibility of our justice system.”

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He said that the government had undertaken some reformative initiatives that drive critical reforms in the justice sector. 

He stated: “For instance, I recently inaugurated the Presidential Committee for the Review and Update of the Laws of the Federation of Nigeria (LFN) 2004 to identify obsolete laws and take steps to update and consolidate our laws. Furthermore, with the support of all stakeholders, the National Policy on Arbitration and National Policy on Justice have been developed as blueprints that outline the desired reforms in the justice sector.

“It is pertinent for me to state also that at the heart of our reform agenda in the justice sector is the National Policy on Justice, which identifies the root causes of the failures and inadequacies of the justice system, and its adverse impact on the nation. The Policy seeks to consolidate various reform efforts and achieve inter-agency (institutional) cooperation and coordination. Its purpose is to achieve a consensus amongst stakeholders for driving holistic development of all processes, or components of the Nigerian justice system.

“We clearly recognize that Nigeria practices a federal system of government, which envisages a synergetic relationship between the centre and the sub-nationals otherwise known as federating units. It is on this basis that we continue to engage with our colleagues from the states, to come up with uniform strategies to address our common challenges.”

Declaring the conference open, Governor AbdulRahman AbdulRazaq said: “This conference couldn’t have come at a better time as President Bola Ahmed Tinubu mobilises the Honourable Attorney General and his team to rejig the system for better outcomes.

“I have confidence that the JSRT will address all pending issues on judicial reforms from a position of knowledge and patriotism, and in a way that strengthens public confidence in the judicial system. I wish you a blessed stay in Ilorin as you articulate appropriate mechanisms to drive justice sector reform in the country.”

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has assured that the Federal Government will continue to work on ways to improve workers’ welfare.

Fagbemi said beside the measures already put in place, including wage increase, the Fed Govt will continue to prioritise the welfare of the nation’s workforce.

The AGF spoke in Abuja on Tuesday during the opening session of a three-day training event for state counsel on “Proceedings in the National Industrial Court,” organized by Federal Ministry of Justice.

He said: “Aside the provision of palliatives, wage awards, and recent increment of the national minimum wage, I want to assure you that the government of President Bola Ahmed Tinubu, will continue to engage labour unions and prioritise workers welfare.”

Fagbemi commended judges of the National Industrial Court of Nigeria (NICN), including its President, Justice Benedict Kanyip for their contributions to enhancing industrial harmony in the country.

He added: “Thus, today the NICN, being a specialized court with expertise in the increasingly complex field of labour law, employment matters and trade unions, plays a critical role in the protection and balancing of employer and employee rights, ensuring socio- industrial stability, and economic development of the country. 

“The fact that the labour force serves as the driver of economy (in the production of goods and services) underscores the vital importance of the judicial institution saddled with the constitutional mandate of adjudicating over disputes arising from the utilization of labour – one of the main factors of production. 

“Let me also emphasise that this court is also vital to the sustenance of government policies as exemplified by cases which have challenged or borders on interpretation of the Public Service Rules, government circulars, tenure policy in the Federal Public Service, issues bordering on sensitive matters of recruitment, remuneration, pension, termination, etc. 

Read Also: Fagbemi says P&ID episode unpleasant experience, devises measure to avert recurrence

“The role of the NICN is therefore critical to our national interest, as it has the responsibility not only to resolve labour disputes but to shape the environment in which workers and employers can coexist productively. 

“This court, by its decisions, promotes the stability required for sustainable economic growth and sets standards that encourage both foreign and local investments,” Fagbemi said.

Justice Kanyip noted that most people, particularly legal practitioners were not too familiar with the operations of the NICN, which account for their criticisms.

He said, in dispensing labour justice, the court de-emphasises technicalities and emphasises facts and evidence.

Justice Kanyip added: “We are different. Technicalities may work in the High Courts, but certainly not with us. 

“Many frown at Section 12 of the NICN Act because we are permitted to apply the Evidence Act, but we may depart from it in the interest of justice.”

The NICN President who noted that similar provision exists in Zambia, where the court, for the purposes of Industrial and Labour relations Act, is allowed to dispense with the rules of evidence of the requirement of justice demands.

He said unlike the case in Nigeria where the provision applies to only civil cases, it applies to both civil and criminal cases in Zambia.

Justice Kanyip added: “So, when I hear lawyers complain bitterly that the NICN is trying to extricate itself from the structure of the Judiciary; the NICN is trial to make itself like the Supreme Court where it is a one-off court that is final in its decision and so on, I merely laugh because most people don’t understand what labour justice is about.”

He explained that the training event was intended to familiarise state counsel with the processes of the court and it’s operations.

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has described the botched contractual relationship between the country and an Irish firm, Process & Industrial Developments Ltd (P&ID) as an unpleasant experience.

To avert a recurrence, the AGF has inaugurated a committee to audit agreements or MOU on Accelerated Gas Development Projects (AGDPs).

In a statement on Sunday, Fagbemi’s spokesman,Kamarudeen Ogundele said the committee, chaired by  Olasupo Shasore (SAN), an ex-Attorney General of Lagos State, is tasked with the responsibility of guiding the government to avoid a repeat of the nation’s most unpleasant experience in the P&ID case which originated from one of such AGDPs. 

Ogundele added: “The committee will keenly review the AGDP Agreements with a view to ensuring avoidance of potential landmines or other forms of liability and achieving a final closure against predatory investors. 

“The committee’s assignment will also proper legal and commercial guidance that will enable the government effectively harness the nation’s huge gas resources in line with the Nigerian Gas Master Plan to promote domestic gas revolution,” he said.

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According to Ogundele, the AGF, while inaugurating the committee on Friday, said the Shasore-led committee and an earlier inaugurated committee for the review of Bilateral Investment Treaties and Nigerian Investment Promotion Commission Act, are intended to avert unintended consequences.

Ogundele quoted Fagbemi as explaining that the inauguration of the committees marked a new chapter in efforts to promote Nigeria’s economic prosperity, strengthen international partnerships, and remove all potential avenues of liability from moribund or non-performing agreements. 

The AGF, he said, noted that “by this review exercise, we are taking a proactive step to ensure that our nation remains competitive and attractive to global investors and is not a haven for unscrupulous and predatory investors.

“I thank you for your much anticipated sacrifice and contributions to the socio-economic and legal development of our dear nation. 

“I encourage the two committees to work diligently and collaboratively to achieve the set objectives.”

Responding on behalf of his committee, Shashore , who noted that the task is onerous, promised that they will discharge their duties with patriotism. 

• ’Implementation of S’Court judgment on LG financial autonomy gradual process’

Attorney-General of the Federation (AGF) and Justice Minister Lateef Fagbemi (SAN) is insisting that there is no  law in the country prohibiting  the prosecution of minors.

Fagbemi, speaking against the backdrop of the recent arraignment of some minors in Abuja for alleged treason, and the controversy it sparked, said critics got it all wrong on the matter.

He said the facts in the possession of the security agency on the matter were solid, but President Bola Tinubu “as a father and grandfather, chose to pardon them and drop the charges.”

“There is a misconception that, because these (some of those arraigned) are children and minors, various theories have surfaced. No law in this country says a minor cannot be tried,”  the minister said in Abuja on Thursday night.

He spoke at the inauguration of the new office of a law firm – the Law Corridor.

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He said:” I have also heard suggestions that they should go to a family court.

“The study of the law and the Constitution leaves you with no other conclusion than that the Federal High Court has the jurisdiction in matters bordering on treason and related issues.

“So, whatever the situation, the President has closed the chapter by his decision to have these young men released.”

He said  the alleged offences were serious considering the facts of the case.

Continuing, he said: “The President was very compassionate, he is a father and a grandfather.

“If you look at the facts in the possession of the security agency, you would marvel.

“But the President said, despite all these, ‘I have children, grandchildren,’ and that motivated his passion to release them and also enable them in some ways.

“So, the credit goes to him for showing compassion in releasing the young chaps.”

On the recent Supreme Court’s judgment on  local government financial autonomy, Fagbemi said the implementation would be a gradual process.

“It takes time to achieve full implementation, but it will be done,” he said.

“By the time we achieve this, everyone will be satisfied. I will not start a project I cannot finish.

“The President is happy with it; everyone is pleased, and the public’s response to the Supreme Court’s decision suggests that the President could not have done better.”

Fagbemi advocated enhanced collaboration among lawyers to grow expertise, increase capacity, improve risk management, and provide more benefits.

The AGF noted that it was no longer ideal for individual lawyers  and their  firms to operate in isolation, adding that  partnerships bring together lawyers with diverse knowledge to achieve more efficient legal practice.

Fagbemi explained that partnerships allow for comprehensive legal solutions to a broad range of issues, enhancing creativity and jurisprudence.

“When experienced practitioners partner with younger lawyers, the next generation benefits from their experiences.

He said: “In return, younger lawyers bring fresh perspectives, promoting adaptability and innovation in the profession

“Another benefit of partnerships is sustainability and resilience, fostering accountability and creating a support network to meet client expectations.

“Collaboration enhances strong relationships, which are essential in the legal profession, as clients seek a team that understands their needs and provides comprehensive services,” the AGF stated.

The Chairman, the Body of Benchers, Adegboyega Awomolo (SAN), urged lawyers to be good partners and prioritise trust.

Awomolo (who was the Chairman of the occasion) advised legal practitioners to persist in cultivating integrity in their practice  and uphold high ethical standards as the cornerstone of their practice.

Law Corridor’s Managing Partner, Pelumi Olajengbesi described the firm as “an innovative and cosmopolitan legal powerhouse, uniquely positioned to practice across a broad spectrum of traditional and modern legal disciplines.”

Also at the event were Osun State  Governor Ademola Adeleke and  the Ooni of Ife,  Adeyeye Enitan Ogunwusi, among others.

The minors were  released on Monday on the order of the President who also directed the Ministry of Humanitarian Affairs to  ” ensure the safe return of all the minors to their families while an investigation has been opened into the circumstances leading to their prolonged detention.”

They have since been returned to their states.

They were arrested in the aftermath of the #Endbadgovernance protests during which public infrastructure and private businesses  were either  looted or vandalised.