Tag: LAW

  • ‘Strict law enforcement key to market hygiene’

    ‘Strict law enforcement key to market hygiene’

    Environmental rights activists have called for strict law enforcement to improve market hygiene.

    Civil society leaders, including Urenma Onyekuru of the Child Health Organisation, decried weak enforcement and corruption in market hygiene regulation.

    They spoke at a forum by the Healthy Living and Women Empowerment Initiative (HELWEI) to mark the Green Action Week 2025.

    HELWEI sounded a strong alarm on the urgent sanitation and hygiene crisis plaguing Nigeria’s traditional markets, calling for a united front among government, media, civil society, and citizens to restore market hygiene and protect public health.

    The initiative aligns with this year’s Green Action Week, with the theme: “Sharing Community” and focuses on building resilience through improved sanitation, food safety, and environmental consciousness in Lagos’ peri-urban settlements.

    Launching its new campaign: “Kick Dirt, Hug Life!” in Alimosho Local Government Area, Lagos’ most populous LGA, HELWEI Executive Director, Mrs. Eberechukwu Okey-Onyema, said the intervention is designed to confront widespread environmental and public health challenges that continue to fuel cholera, typhoid, diarrhoea and other preventable diseases.

    “This is not the time for fragmented, low-impact interventions. The situation demands a unified, well-resourced and accountable approach.

    “We need the media to champion safer markets, government to fund WASH facilities, and communities to embrace hygiene-conscious behaviours,” Okey-Onyema stressed.

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    The “Kick Dirt, Hug Life!” campaign will prioritise community-driven behaviour change strategies delivered in local languages and culturally relevant platforms, ensuring market women, vendors, and consumers play an active role in transforming hygiene culture.

    “We must kick dirt out of our markets if we truly want to hug life,” Okey-Onyema said, urging all stakeholders—government, media, civil society, market authorities, and private actors—to rally behind the cause.

    HELWEI urged federal, state, and local governments particularly the Lagos State Government to create and release dedicated budget lines for water, sanitation, and hygiene (WASH) infrastructure in markets.

    This includes gender-sensitive toilets, safe water points, functional handwashing stations, and structured waste disposal systems.

    The organisation further recommended clear collaboration among ministries of environment, health, agriculture, information, primary health care and local government affairs, to harmonise standards, share data, and enforce compliance across markets.

    At a panel moderated by Mr. Zebulon Agumuo, Editor of Sunday Business Day, speakers emphasised the crucial role of the media in shaping public opinion and policy.

    HELWEI pledged to support journalists with data, access to communities, and insights to aid investigative reporting, citizen storytelling, and radio programming that spotlight poor sanitation and food safety issues.

    According to the Naija Agro Net, Remmy Nweke, “Without information, communities remain ignorant,” stressing that civil society and media must target market associations, drivers’ unions, and grassroots networks to ensure hygiene education reaches the people.

    Public health physician Dr. Anifowose Aderinsola described peri-urban Lagos as “overcrowded and underserved,” noting that poor sanitation and limited access to clean water have worsened malnutrition and food insecurity, especially among women and children under five.

    HELWEI Board Chair Mrs. Nkeoma Abarikwu warned that unhygienic market environments are already driving customers away and hurting traders’ businesses, while contaminated food further endangers households.

    Rev. Bola Nuga of Access Development Initiative highlighted the need for private-sector-friendly policies to enable businesses to support health and sanitation interventions.

    HELWEI’s preliminary field assessments in Lagos markets revealed alarming gaps: indiscriminate waste disposal, absence of toilets and handwashing stations, poor drainage, and weak hygiene communication. These systemic failures, the group warned, are “overlooked drivers of malnutrition” and require urgent redress.

  • The law and its controversies

    The law and its controversies

    To address the question of whether a deputy governor or Vice President, who inherited the unexpired term of a dead President, incapacitated or impeached governor or President can enjoy the right to two terms as allowed under sections 137(1)(b) and 182(1)(b) of the 1999 Constitution, the National Assembly altered the Constitution in 2018.

    The amendment, referred to as the Fourth Alteration Act, which became effective on June 7, 2018, included sub-section 3 to sections 137 and 182 as a disqualifying factor.

    Section 137(3) provides: “A person, who was sworn in to complete the term for which another person was elected as President, shall not be elected to such office for more than a single term.”

    Section 182(3) states: “A person, who was sworn in to complete the term for which another person was elected as Governor, shall not be elected to such office for more than a single term.”

     The provisions ignited huge debates when it was rumoured in 2022 that Dr. Jonathan would contest the 2023 presidential election.

    The legal community was divided, with lawyers like Femi Falana (SAN), Prof. Mike Ozekhome (SAN), Prof. Yemi Akinseye-George (SAN) and Dr. Reuben Atabo (SAN), arguing for and against the effect of the amendment to Jonathan’s legibility to further contest a presidential election.

    While Falana and Akinseye-George believed that Jonathan could no longer contest any presidential election having completed the unexpired term of the late President Umar Yar’Adua and concluded another term in 2015, Ozekhome and Atabo argued otherwise.

     Ozekhome and Atabo did not fault the amendment to the constitution. They contended that the new provisions could not be applied retrospectively to bar Jonathan, who entered his tenure before the law took effect.

    What the court said in Jonathan’s case

    The position held by Ozekhome, Atabo and others was upheld in a judgment of May 27, 2022, by a Federal High Court in Yenagoa, Bayelsa State.

    The judgment was given by Justice Isa Hamma Dashen on a suit: FHC/YNG/CS/86/2022, filed by Andy Solomon and Idibiye Abraham (who claimed to be members of APC). Defendants in the suit were Jonathan, APC and Independent National Electoral Commission (INEC).

    Solomon and Abraham had argued that by Section 137(1)(b) and (3) of the constitution, the former President was no longer eligible to vie for the Office of the President because he had taken an oath to that office on two previous occasions.

     Justice Dashen held, among others, that Section 137(3) of the constitution did not bar Jonathan from contesting the 2023 presidential election because the provision could not be applied retroactively.

     The judge held that the oath taken by Jonathan on May 6, 2010, after the death of President Umaru Musa Yar’Adua, complied with a constitutional provision and not because he contested and won the election.

     He noted that the 2007 general election produced the late Musa Yar’Adua as the President and not Jonathan, adding that Section 137(3) could not have a retroactive effect to stop him from contesting the 2023 presidential election.

     The judge held that Section 137(3), which came into effect on June 7, 2018 “cannot apply retrospectively, except the Legislature, in clear terms, expressly stated their intention for it to be so.”

     Justice Dashen noted that had Jonathan won his re-election bid in 2015, he would have been inaugurated as President without any legal impediment.

     The judge said: “In my opinion, the position being propounded by the first defendant (Jonathan) that he is eligible to contest, is tenable.

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     “It is the duty of the plaintiffs to direct this court to where the Legislature stated that the provisions of Section 137(3) of the constitution are to apply.

     “I, therefore, find the arguments of the first defendant, that he has only been elected into the Office of the President once in 2011, not only irresistible but established, and I so hold.

     “In law, he who asserts must prove. I find that the plaintiffs have not discharged the burden of proof placed on them by law.

    “I, therefore, find merit in the argument of the first defendant that the introduction of Section 137(3) to the constitution does not affect his right to contest for the Office of President of the Federal Republic of Nigeria in the 2023 general elections.”

     The judge added: “I declare that the provision of 137(3) of the constitution acquired the force of law with effect from June 7, 2018, and as such does not have retrospective application.”

     Justice Dashen dismissed all reliefs sought by the plaintiffs in their originating summons dated May 16, 2022.

    What the Court of Appeal said

     The judge also referenced an earlier judgment by the Court of Appeal in Abuja delivered on March 3, 2015, in an appeal by Cyriacus Njoku, who said he was a member of PDP. The judgment resolved the question about Jonathan’s eligibility in the face of Section 137(1)(b) of the Constitution.

     Section 137(1)(b) provides that: “A person shall not be qualified for election to the Office of President if he has been elected to such office at any two previous elections.”

    Njoku first filed the suit at the High Court of the Federal Capital Territory (FCT) in 2012, with Jonathan, PDP and Independent National Electoral Commission (INEC) as defendants.

     Njoku contended, among others, that having taken the oath of office twice as a President (2010 and 2011), Jonathan was barred by sections 135(2) and 137(1)(b) of the Constitution from contesting in 2015 for the post of President.

     In a judgment on March 1, 2013, Justice Mudashiru Oniyangi held in favour of Jonathan, a decision Njoku appealed at the Court of Appeal in Abuja in 2013.

     He raised two issues for determination:

     • Whether Section 135(2) of the Constitution, which specifies a period of four years in Office for the President is only available or applicable to a person elected on the basis of an actual election or includes one in which a person assumes the position of President by operation of law as in the case of Dr. Goodluck Jonathan.

    • Whether Section 137(1) (b) of the Constitution, which provides that a person shall not be qualified for election to the Office of President if he has been elected to such office at any two previous elections applies to the first defendant, who first took an Oath of Office as substantive President on May 6, 2010, and took a second Oath of Office as President on May 29, 2011.

     In its judgment on March 3, 2015, a five-member panel of the Court of Appeal unanimously held that the oath Jonathan took in 2010 was merely to complete the unexpired tenure of the late President Yar’Adua.

     It further held that by virtue of Section 135 (2)(b) of the 1999 Constitution, Jonathan only took his first oath as a President in May 2011, adding that disqualification is through election, not oath-taking.

     In the lead judgment, Justice Abubakar Yahaya held: ”In this appeal, it is not controverted by the appellant that the first oath taken by the first defendant (Jonathan) was the oath he took as the Vice President and not as President… But he took the oath in May 2010 to complete the unexpired tenure of the late Umaru Musa Yar’Adua.

  • Reimagining the practice of law

    Reimagining the practice of law

    Last week, members of the Lagos Branch of the Nigerian Bar Association (NBA) were immersed in multiple activities, during which legal giants and experts examined the theme: “Reimagining the practice of law: Ethics, innovation and the future of legal services – Let’s be lawyers again.” Members also took an ethical oath. Deputy News Editor JOSEPH JIBUEZE and UDEH ONYEBUCHI were there.

    “ Are we merely lawyers trying to earn our fee and willing to damn any scruple in how we do so?

    “Or are we conscientious and mindful of our role as the bastions of justice and social engineers?”

    With these posers, Olabisi Makanjuola, Lagos Branch Chairman of the Nigerian Bar Association (NBA), set the tone for discussions at the branch’s 2025 Annual Law Conference.

    He raised other pertinent questions that capture the state of affairs in the legal profession, what needs to change, and the innovations that must be embraced.

    He asked: “Do we use the law as a means of oppression to shackle the poor and defenceless, or do we use it to fight for the downtrodden, not minding whose ox is gored?

    “Is our judicial system truly a catalyst for economic investment or an impediment?

    “How do international actors view our legal system?

    “Is Nigeria truly ready to be a hub for the resolution of commercial disputes, be it through litigation, arbitration and other forms of ADR?

    “How invested are we in the use of technology to boost our practice?”

    Held at the Muson Centre, the conference had the theme: “Reimagining the practice of law: Ethics, innovation and the future of legal services. (Let’s be Lawyers again).”

    In the end, lawyers left with a renewed commitment to be the change they desire.

    Declaring an ethical oath, they vowed “to uphold and preserve the honour, dignity, and nobility of the legal profession” at all times.

    An insightful opening ceremony, which featured a keynote address by the President of the Law Society of England & Wales, Richard Atkinson, KC, was followed by four panel sessions on Monday and three on Tuesday.

    The panellists comprised a galaxy of legal and other experts.

    An Ethical Icon Award was presented to Life Bencher and former Lagos Attorney-General and Commissioner for Justice, Mrs. Hairat Balogun, for her exemplary conduct and professionalism.

    “She is a stickler for family values and punctuality to all occasions and is permanently averse to rudeness and laziness,” stated her citation.

    On Wednesday, there were thematic masterclasses – intensive workshops that provided advanced insights and practical skills across specialised legal fields.

    These included data protection, fashion law, blue economy, entertainment, sports law, renewable energy and green finance.

    Thursday featured a regulatory clinic and policy dialogues – a walk-in advisory clinic for lawyers to engage directly with ministries, departments and agencies (MDAs) in charge of compliance, licensing, and dispute resolution.

    The agencies included the Lagos State Lands Bureau, Corporate Affairs Commission (CAC), Federal Competition and Consumer Protection Commission (FCCPC), Lagos State Judiciary (Probate Section) and Securities and Exchange Commission (SEC).

    Another highlight was the Hard Talk – a candid one-on-one interview with the Chief Judge of Lagos State on judicial efficiency, access to justice, and institutional accountability.

    The week ended with the In-House & Government Counsel Forum and the Young Lawyers Forum.

    The keynote

    Atkinson noted that Artificial Intelligence and digital tools are essential in modern legal practice, but said there should not be an overreliance on technology at the expense of human judgment.

    According to him, new ways of working are creating new ethical challenges regarding data protection and confidentiality.

    AI, he stressed, offers benefits but comes with risks and challenges.

    “We need to ensure safeguards because AI does not absolve lawyers of responsibilities,” he cautioned.

    “Technology should be a tool, not a substitute.

    “The critical thinking and professional discretion of a lawyer must remain at the heart of our work.”

    Importance of ethics, by Pedro

    Lagos Attorney-General Lawal Pedro (SAN) stressed that lawyers are custodians of the rule of law and guardians of justice.

    Ethics, he said, remains the moral compass of legal practice.

    According to him, ethical practice and conduct build trust in the legal system and profession and ensure that legal proceedings are fair and just, protecting the rights of all individuals involved.

    Pedro quoted Chief FRA Williams, who once said: “The legal profession survives only to the extent that it is trusted. And it is trusted only to the extent that it is honourable.”

    Pedro believes the call to “be lawyers again” is “a call to anchor our practice in integrity, empathy, and service, no matter how much technology reshapes our methods”.

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    He urged senior lawyers to see themselves as nation-builders beyond briefs and fees.

    “The call to ‘be lawyers again’ is a summons to leadership – ethical, informed, courageous leadership,” he said.

    Osigwe: we must deepen our values

    For NBA President Mazi Afam Osigwe (SAN), it is easy for lawyers to lose sight of who they are and what they represent as legal professionals in an age defined by rapid technological shifts, economic uncertainties, and evolving client expectations.

    He said: “This theme is not just timely, it is necessary. Yes, we must innovate. Yes, we must explore new frontiers in legal practice.

    “But we must also return to the bedrock of our profession, integrity, ethics, and commitment to justice. It is not enough to expand our skills; we must deepen our values.

    “‘Let’s be lawyers again’ is a challenge to every one of us to uphold the Rules of Professional Conduct and comply with the 2025 Mandatory Continuing Professional Development (MCPD) Rules, not as obligations, but as commitments to excellence and public trust.

    “The future of law will be shaped not just by how much we adopt new tools, but by how faithfully we preserve the ethical compass that distinguishes our profession. Innovation must walk hand in hand with conscience.

    “I commend the Lagos Branch for curating a law week that dares us to reflect, reimagine, and recommit to the ideals that make law not just a profession, but a calling.

    “Let’s lead with courage. Let’s evolve with purpose. Let’s be lawyers again.”

    We must be guardians of justice, says CJ

    Admin Judge of the Lagos High Court, Justice Atinuke Ipaye, who represented the Chief Judge of Lagos, Kazeem Alogba, said the theme is “a call to rethink our methods and recommit to the true spirit of legal practice, which is the provision of qualitative service while still upholding integrity and justice”.

    She recalled that for decades, legal practice in Nigeria commanded enormous respect.

    Then, people were intimidated by the awe of the Bench.

    The chambers of law were sanctuaries of wisdom and learning.

    Judges’ chambers exuded an aura of quiet majesty, dignity, power and integrity.

    All that, she said, is fast changing.

    “What do we see today? A growing erosion of that sacred trust. Sharp practices abound.

    “Lawyers file applications not to advance the cause of justice but for the purposes of delay.

    “The legal profession, once seen as a calling, is now seen as a transactional business.

    “Don’t let us talk about corrupt practices that have stained the Bar and the Bench.

    “Judiciary bashing is now the preferred pastime of even some lawyers. Court orders are disobeyed with impunity.

    “The phrase that the judiciary is the last hope of the common man has become a tired slogan. Nobody believes it again.”

    On how to restore the lost glory, Justice Ipaye said: “If we’re to reclaim our dignity, we must begin with a return to our ethical foundations. Legal professional is highly regulated. Let’s be lawyers again.

    “A 21st-century lawyer must be versatile, must be a problem-solver, a dispute resolver, and a person who thinks outside the box.

    “Lawyers should not be dictated to by their clients. They cannot dance to the tunes of their clients simply because the client pulls the purse strings.

    “Lawyers must not become contractors for political interests, nor manipulators of the legal process. We must remain the guardians of justice.”

    Agbakoba to judges: take charge

    A former NBA President, Dr. Olisa Agbakoba (SAN), who chaired the first panel session, urged judges to take charge of their courts.

    “Sometimes SANs are blamed, but they don’t control the courts,” he said.

    He added: “At the level of the Bar, we should be able to police ourselves. How many of us correct others?

    “What goes somewhere is only when there is a statutory cane.

    “You need a regulatory process that says: if you misbehave, your licence will be withdrawn. You will see people behave.”

    EFCC chair raises alarm

    The plenary sessions continued on Tuesday, drawing prominent legal minds and creating a platform for candid conversations around professionalism, systemic failings, and the future of legal services.

    The tone of urgency and responsibility was established from the first session, with the theme: “Restoring public trust in the legal profession.”

    Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukoyede, painted a sobering picture of the growing chasm between the legal profession and the society it purports to serve.

    “There was a time when the legal profession inspired admiration. Lawyers were seen as defenders of justice and guardians of the public good.

    “But increasingly, that perception is giving way to scepticism and disillusionment, driven by concerns about fairness, ethics, and transparency,” Olukoyede said.

    He lamented that procedural delays in corruption cases and ethical lapses by a few have cast long shadows on the entire profession.

    “Justice delayed is justice denied. When charges are thrown out, or cases are prolonged unnecessarily, it erodes public confidence in the judiciary,” he said.

    Olukoyede also criticised a rising culture of legal manoeuvring over substantive justice.

    “We must reject the win-at-all-cost mentality.

    “The legal profession cannot afford to be seen as a tool for manipulation.

    “The future of law depends on what we do today,” he concluded.

    Why there is distrust, by ex-ICPC chair

    Former Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Prof. Bolaji Owasanoye (SAN), expressed concern over lawyers being used to undermine democracy.

    “The question we must ask is: are lawyers today perceived as defenders of democracy or as enablers of injustice?” Owasanoye asked.

    According to him, public distrust is rooted not only in individual misconduct but in systemic failures.

    He referenced reports by the Legal Practitioners Disciplinary Committee (LPDC) detailing infractions such as client fund mismanagement, solicitation, and abuse of office.

    “These aren’t trivial breaches. They feed the narrative that the legal profession is losing its moral compass,” he said.

    Prof. Foluke Dada-Lawanson, a legal educator, directed attention to a fundamental cause of the ethical decline: legal education.

    “There is something broken in our legal education system,” she said.

    “We need to mandate the teaching of legal ethics from university to law school, and ensure that only those with genuine passion and integrity are allowed to teach future lawyers.”

    She urged law firms to incorporate internal ethics policies and create confidential reporting channels, adding: “Ethics training should be a compulsory part of continuing legal education.

    “The rules of professional conduct must not be forgotten documents.”

    During the second plenary session focused on “Professionalism, profitability and ethical balance in legal practice,” speakers explored the tension between law as a business and law as a public trust.

    Chair of the Association of Lawyers of the Royal League of Laws, Mr. Aderemi Oguntoye (SAN), said: “Law firms are under pressure to perform financially, but that must not come at the cost of ethical integrity.

    “Professionalism and profitability are not mutually exclusive—they are intertwined.”

    Echoing this, Senior Partner, Mitullah, Shako & Associates, Ms. Florence Shako, emphasised financial transparency with clients and managing expectations.

    “Tell your clients what to expect, both in process and cost. Be clear, be honest. Trust begins with communication,” she said.

    Mrs. Oladoyin Onanuga, Partner at CLP Legal, stressed that reputation outweighs short-term gains.

    “No amount of money is worth your licence. Ethical lapses may bring short-term rewards, but they destroy long-term credibility,” she warned.

    Imperative of technology, image, communication

    Technology featured prominently in several discussions.

    Speakers called on lawyers to embrace digital transformation—e-filing, AI research tools, and paperless hearings—as essential for efficiency.

    However, caution was advised.

    “We must master technology but not let it master us,” said Onanuga, who also highlighted data privacy concerns and the misuse of AI-generated legal content.

    “Citing cases that never existed is not just embarrassing—it’s unethical.”

    The third panel, “Client relations, image and communication,” focused on public perception, emotional intelligence, and brand-building in legal practice.

    Group CEO of RED|For Africa, Mr. Ademobola Williams, underscored the power of image and effective communication.

    “Your image is your first argument. In the digital age, your online presence, tone, and consistency are your credibility check,” he said.

    He urged lawyers to adopt a “trust economy” approach—where success is measured not just by cases won, but by relationships built and sustained through empathy, responsiveness, and clear communication.

    Supporting this, Chinasa Unaegbunam (SAN) emphasised emotional intelligence in client interactions.

    “Know your clients. Anticipate their needs. It’s not just about skill, it’s about building trust and delivering value over time,” she noted.

    A former Chairman of the branch, Chukwuka Ikwuazom (SAN), stressed the importance of both internal and external communication.

    “If your internal team doesn’t understand the values of your practice, how can they represent it externally?” he asked.

    Our achievements, by Makanjuola

    Outgoing chairman Makanjuola used the occasion to highlight some key achievements of his administration.

    He said: “We set out to elevate standards in the Bar. I would like to think that we have done a modest job of what we set out to do.

    “Through our different standing and ad-hoc committees and initiatives, we have sought to be truly premier, not just in nomenclature but in blazing the trail for others to follow.

    “For instance, we are the first Branch to be NDPR audit compliant, as certified by the Nigerian Data Protection Commission, a testament to our commitment to upholding the highest standards of compliance across board.

    “We collaborated with the UK law firm of Stephenson Hardwood LLP to have the first ever international exchange programme for one of our members who underwent a one-month placement in their London office and returned to share his learnings from his experience.

    “We partnered with Uber to give members registered with the app discounts on rides to places of interest for lawyers, such as the Courts and regulatory offices.

    “Members of our branch can now apply for letters of good standing from the comfort of their homes and offices via our members’ portal.

    “This is against the backdrop that we were also the first branch to introduce digital payment of branch dues.”

    The ethical oath declaration

    All members present declared to an ethical oath anchored by the Chair of the Convention of Business Integrity, Mr. Soji Apampa.

    They recited in unison: “I (full name) do solemnly affirm, as a member of the Nigerian Bar Association, Lagos Branch, that I shall at all times uphold and preserve the honour, dignity, and nobility of the legal profession;

    “That I shall discharge my professional duties with unwavering integrity, competence, and fidelity to the law; that I shall serve my clients conscientiously and impartially—without fear, favour, affection, or ill-will—and in full observance of the law and the rules of professional conduct;

    “That I shall respect the authority and independence of the courts, and relate with my colleagues in the spirit of candour, civility, and mutual respect;

    “That I shall renounce and oppose all forms of corruption, abuse, and misconduct that threaten the administration of justice;

    “That I shall embrace innovation with responsibility, ensuring that technological advancement strengthens—rather than diminishes—the ethical foundations of our practice;

    “That I shall commit to continual learning, and contribute meaningfully to the development of the legal profession and the mentorship of those who follow after me;

    “And that in all my professional engagements, I shall strive not merely to practise law, but to exemplify what it means to truly be a lawyer. So help me God.”

  • Rivers: There’s no sentiment in law

    Rivers: There’s no sentiment in law

    Are there similarities between the case of Rivers State and that of Lagos which happened 20 years before it? The answer is no. But mischief makers have been trying to paint both cases the same. The Rivers case has to do with a minority group of four lawmakers passing a budget for the state. The Lagos case is different in every material particular. It had to do with the unilateral action of President Obasanjo, as he then was, to stop the allocations of Lagos State local governments. He took the action following the creation of 37 local council development areas (LCDAs) by the state House of Assembly, which is constitutionally empowered to do so.

    What Justice Joyce Abdulmalik of the Abuja Federal High Court did on Wednesday was to protect the Constitution from flagrant abuse by four lawmakers sitting in what she described as an improperly constituted assembly. They passed the N800 billion budget which Governor Siminalayi Fubara has been implementing. In the case of Lagos, the Supreme Court did the same thing by curtailing what it called the unconstitutional act of Obasanjo in unilaterally withholding the state’s councils’ funds. While noting that the President by virtue of his oath of office was bound to protect and defend the Constitution, the apex court wondered: “does such power extend to the President committing an illegality?”

    “Our attention has not been drawn to any other provision of the Constitution which empowers the President to exercise the power of withholding or suspending any payment of allocation from the Federation Account to local government councils or to state governments on behalf of the local government councils as provided by Section 162 (3) and (5) of the Constitution… In other words, the obligation of the President which is to protect and defend the Constitution can be exercised through the courts as provided by the Constitution itself”, the Supreme Court said.

    If the apex court did not keep silent in the face of Obasanjo’s affront to the Constitution, how then should Justice Abdulmalik ignore the serial breaches of the Constitution by Fubara and the four lawmakers? The leader of the group, Edison Ehie, resigned to become the governor’s chief of staff. In the Rivers case, due process was followed in stopping the state’s allocations. This was not the case in that of Lagos and the Supreme Court descended on Obasanjo for assuming the powers of the court in taking a decision he is not judicially empowered to make. Whatever may be the position of Fubara and the four now turned three lawmakers on the Martin Amaewhule-led 27 legislators can only be determined by the courts.

    It is not for them to say that the 27 have lost their seats for purportedly defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). It was this kind of unilateral act by Obasanjo that the Supreme Court frowned upon in 2004. What then is the crime of Justice Abdulmalik in punishing impunity? To Fubara and his loyalists, the 27 automatically lost their seats after their ‘defection’. The position of the governor and his men is contrary to the provision of the Constitution which states that a defecting lawmaker can only lose his seat, if there is no crisis in his original party.

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    This squabble polarised the assembly into the Wike and Fubara groups. The 27 are for Wike. Justice Abdulmalik was only stating the position of the law when she ordered that Rivers allocations should be withheld forthwith. She was not acting ultra vires (beyond her powers); she was delivering judgment on a case properly brought before her.  There was no legal dispute, as the Supreme Court noted in the Lagos case before Obasanjo unilaterally withheld the state’s local government funds. Should Justice Abdulmalik have shut her eyes to the acts of impunity going on in Rivers for fear of being tarred and not do the right thing?

    All those comparing the Lagos case with that of Rivers miss the point. There is no basis for such comparison. Under the Constitution, a governor can only spend funds appropriated by a House of Assembly. The question then arises: can the four members that passed the Rivers budget pass for a properly constituted assembly? Justice Abdulmalik answered the question in the negative, citing the judgments of her brother-judge, Justice James Omotosho, of the same Abuja court, and the Court of Appeal, delivered on January 22 and October 10, respectively.

    Mischief makers may have a field day, but the law will remain the law. The courts, as Justice Abdulmalik held, would not stand by and allow illegality to thrive. “Where there is a dereliction of constitutional order as in this instant case, this court will surely not shy away from its sacred constitutional responsibility to do what it considers just in the circumstances”, she declared.

  • The fugitive and the law

    The fugitive and the law

    • By Mike Kebonkwu

    Yahaya Adoza Bello was the former governor of Kogi State about a year ago.  He was the youngest governor barely in his 40s, when he held sway representing a paradigm shift of power to the youths.   He turned out unmitigated disaster, not any different from the old breed politicians.  He was a law giver and used power with all the paraphernalia of office with infidelity.  He tormented his rivals and opposition.  He became a tin-pot dictator, behaving as if there was no tomorrow.  In everything, he was under constitutional immunity and protection. He grovelled at the Aso Rock and became one of the power brokers in the last dispensation and became a law unto himself.  He emblematized himself as the ‘white lion’.  That is how elected political office holders in Nigeria live; they are larger than life in office. 

    Since leaving office, there have been running battles between Yahaya Bello and the anti-graft agency, the Economic and Financial Crimes Commission (EFCC) having been shorn of constitutional immunity and all the paraphernalia of power and office.  The former Kogi State governor was quite histrionic to the bargain.  He was declared wanted by the EFCC on allegation of misappropriation of over N80 billion from the state coffers. Rather than submit himself to the agency to clear his name, he deployed all manners of shenanigans, hiring social media pimps, bloggers and paid activists running some NGOs and CSOs to blackmail the anti-graft agency from doing its job.  As it is customary with Nigerian politicians, he also moved from one jurisdiction to another shopping for forum to procure injunction to frustrating the course of justice. 

    The Kogi “white lion” has since chickened out and probably lost out in the power game and out of favour.  If apprehended, he is certain to take a permanent suite in a private hospital under court’s order. 

     About a fortnight ago Yahaya Bello was reported to have breezed into the headquarters of the EFCC in the convoy of his successor in office, Ahmed Usman Ododo with a retinue of security officers. The governor did not go there to hand over the fugitive to the law and anti-graft agency but to provide him protection and cover as payback time to a political benefactor and mentor.   In a civilized clime and rule of law society, what the current governor of Kogi State has done would attract sanctions for providing sanctuary to a fugitive and for obstruction of justice which is a criminal offence.

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    The anti-graft agency also acted timidly by not apprehending the fugitive and carry out its statutory duties but deferred to the power of the governor shielding the former governor from arrest and prosecution.  What they ought to have done was to separate Paul from Barnabas, isolate and pick the lion from amongst the chickens and take him for grilling.  Our agencies should be driven by competent men and women that understand the power of their office and the courage to discharge their duties without fear or favour. 

    Whatever the state does with the case of Yahaya Bello would determine our commitment to the fight against corruption and respect for the rule of law.  This is a race against time; we can no longer afford to yield ground to impunity and official larceny.  We should be ready to take on the behemoth called corruption. 

    In a country where the law protects criminals and brand honest people, there cannot be progress and development. Nobody should be above the law. Why should alleged criminals be given protection because they occupy or once occupied public office which they have abused? That there is no whimper from the government should not be taken for endorsement; the EFCC should do its duty by the law.  It is not about Kogi State or Yahaya Bello; it is about the fate of the country.  It is about what we want, and whether we want to change from our past of honouring criminals or build a future where there will be respect for the rule of law and order.

     Our institutions, including the National Assembly, are now populated by people who have been fingered by the anti-graft agency for colossal heist and corruption.  Yet we honour them with chieftaincy tittles in every community, with streets and object of national honours named after them.  The government is not able to get resources for the development of the country because money meant for the states and the country is misappropriated and siphoned to private accounts.  We condemn military dictatorship but have no problem with the tyranny and despotism of some elected leaders tormenting their people and subverting the law as tin-pot dictators in their states and as ministers. 

    We are now at the age that the judiciary is not courageous enough to do justice to all manners of people but package justice based on political connection to power and financial considerations.  Justice as it is, is justice of the ruling class, and morality is the morality of the ruling class.  Nothing is left of Nigeria.  If we truly love Nigeria, it is time to begin to do things differently.  There should be consequences for acts and omissions done by public office holders in their official capacities; there must be accountability and respect for the rule of law.  The incumbent governor of Kogi State, Ahmed Usman Ododo should be prepared at the appropriate time to answer for the obstruction of justice in providing sanctuary for a man declared wanted and a fugitive.  This case speaks of incompetence of our intelligence community and the police that a fugitive is protected by the law. It is now time for Yahaya Bello, the white lion of Ebira land to come out and clear his name!

    •Kebonkwu Esq writes via mikekebonkwu@yahoo.com

  • No one is above the law

    No one is above the law

    •Ajaero learns the hard way. He should treat state institutions with utmost respect

    Democracy is a web of puzzles, many of them diametric opposites.  For instance, which is worse: state impunity or citizen impunity?  Both are bad. 

    State impunity leaves the citizens as mere slaves in a territory theoretically their own making. Citizen impunity leaves the state at the mercy of a few.  That baits anarchy, and leaves both state and the majority of citizens in jeopardy.  Both are terribly bad — and should be avoided.

    But this is no tutorial on basic theories of state and governance.  It’s rather a good window into the (mis)adventures of Joe Ajaero, president of the Nigeria Labour Congress (NLC), and Organised

    Labour’s wrong-headed whoop that such a brush tears at its collective integrity. 

    That is acute delusion that borders on arrant hubris.  It’s bad for Ajaero as a person; even worse for NLC — and the Trade Union Congress (TUC) — as a collective.  The more Organised Labour continues to conflate individual frailties with corporate health, the less they would deliver on their workers’ mandate.  Workers need not hold the short end of the stick for the folly of their leaders.

    But how did this all start?  Maybe it’s better to start from when it grabbed the latest media attention: Ajaero’s arrest by the Department of State Services (DSS) — Nigeria’s secret police — while jetting out to London, on September 9, to attend a UK TUC parley.  Ajaero, among his other global peers, was billed to speak there.

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    On the arrest, there are conflicting claims.  A source claimed the DSS had invited Ajaero which he allegedly shunned, only for him to make to travel abroad.  But NLC, per Benson Upah, its Head of Information, countered that claim, insisting that both DSS and Ajaero indeed had a mutual understanding on Ajaero’s September 8 travel which, after he missed his flight, he rescheduled for the morning of September 9.

    Still, the problem with NLC releases is that it’s always a pot-pourri that you don’t know which is information to inform, which is propaganda to confound.  Perhaps that’s the best NLC way to be earnest on all fronts.  But it lays itself open to fair charges of muddying the waters, so it could always play the victim.

    Besides, if Ajaero had not developed a recent history of choosing — for whatever reasons — to pick when to honour police invitations, the DSS would not have seized on that habit to press its right of lawful arrest which, in any case, is beyond dispute. 

    As at the last count, Ajaero had delayed a police invite: invited for August 20; honoured the invite for August 29, with all the road razzmatazz that he could do and undo, so long as he had behind him the might of Labour; and the counsel of his battery of lawyers — hardly a crime.  In the same token, he is yet to honour a follow-up invite.  For both invites, the NLC always made a row it would go on strike should Ajaero be arrested.  Pray, is he above the law?  Or does he enjoy constitutional immunity?  Yet, both have to do with alleged serious security breaches.

    In the civic space, those are exceedingly bad conducts, which mock routine security management and administration, failure of which put the rest of us in jeopardy.  What security infrastructure worth its name would live with the ruinous optics that its legal powers were in vain, simply because Ajaero is NLC president?  What happens if two, three, or four other bodies copy such dangerous conceit?

    Without prejudice to facts still unknown on the matter, DSS did well to push its power of lawful arrest.  But as NLC itself hinted, that might just have arisen from a watchlist, arising from Ajaero’s most recent see-saw with the police.  The DSS was clinical and professional too, during the detention, granting Ajaero administrative bail after.

    That’s a good start.  But the critical point is fairness.  Inasmuch as the DSS — and the open police — have power of lawful arrests, such must be exercised with squeaky fairness.  Ajaero — or any citizen for that matter — must be treated with decorum and dignity, whenever they interact with the law.  Citizens too must discharge their duties by fully cooperating and aiding proper investigations.

    The point is; the law is the law.  Obeying the law is mandatory, not optional.  So, let Ajaero tell the police what he knows.  Let the police themselves play by the rule.  If they fail, Ajaero’s lawyers will not fail to claim his rights under the law.  Democracy would be nothing without checks and balances that are the soul of due process.

    While that re-set goes on, let the NLC purge itself of the arch-delusion of hostile railings, each time the police invite Ajaero.  The police cannot sustain trumped-up charges against Ajaero any more than an NLC bluster can spring him if there is solid evidence.  So, let Labour face its core mandate of protecting workers as the security agencies do their job of protecting everyone.  Any other thing is empty din that helps no one.

  • The law, bar, society

    The law, bar, society

    Text of the lecture delivered by Adeyinka Kotoye, SAN, at the 2024  Law Week of the Ijebu Ode Branch of the Nigerian Bar Association

    The law, bar, society

    The lecture will be divided into three sub areas as shown in the topic and at the end of the exercise, we will be able to see how several actors at the bar, in the past, had used the instrumentality of the law to influence the society. We will also highlight, how those of us, who are the current actors at the bar, can and should use the instrumentality of the law to influence our immediate society, especially now that there are so much uncertainties.

    The Law

    Contrary to the general opinion, that the first set of laws, were as handed out to Moses at Mount Sinai and as are contained and/or illustrated in the Old Testament, I am of the humble view, that the terrestrial as we know it now, was actually brought into being by a decree. Irrespective of the religion or philosophy that we subscribe to, the story of creation is nearly similar in all the narratives. The commands as are contained in Genesis 1, starting from verses 3 to 14, are actually in the form of a decree. By specific commanding instructions, God commanded light, into being, at verses 6 and 7, separated what we now know as the earth from the sky, at verse 9, decreed water to come into existence and at verse 14, decreed day and night to come into being. Throughout the gamut of Genesis 1, we see a single individual decreeing things into being, including human beings and at Genesis 2 verses 16 and 17, God gave a prohibitive order of what Adam and Eve should eat and what they should not eat. That is, as I said earlier, the first incident of a law maker at work.

    This narrative, is similar to what we have in the Torah, as well as the Hadith, where under the Islamic religion, the laws and sayings of the Prophet Mohammed (SWT) have been codified. It is also part of what forms the tenet of the African Religious System. The Ifa Corpus, ie the “ejiogbe”, the Ogun Injunctions, the Obatala Prohibitions and Admonitions, are all predicated on the philosophy of “Dos” and “Don’ts”, taboos etc. They might be informal, but they represent a set of lexis pursuant to which a society is organized, administered and governed. In the early chapters of Genesis, we see God organizing the first written or known society/community. This appears to me, to be the diverging points with those who believe the Evolution Theory and those who believe in the Big Bang Theory. Whichever Schism you choose to believe, one thing is constant; there was a community and/or a society.

    Evolution Theory

    The Evolution Theory said man evolved from apes. Apes and other forms of higher mammals lived a communal life in a community as a society. They had laws that regulated their conduct. The existence that was brought into being by the Big Bang Theory, in whatever form it might be, also operated in a communal setting, a form of a society. They had laws, rules and regulations, even though they weren’t so codified and well laid out. Therefore, laws, codes, statutes, injunctions, regulations had been part of human existence from time immemorial. The first set of codified laws, at least as the theologians have made us to believe in this part of the world, is as contained in Exodus Chapter 20 verses 2 – 17 and they are what is called “The Ten Commandments”. In our traditional setting, our laws as are contained in the various proverbs, taboos, prohibitions, practices, “ise”, “ewo”, etc, and the essence most importantly, is to either prohibit the doing of a thing and/or give consequences for the doing of such a thing. For instance, the Yoruba saying, “Enitoba she nkan ti enikan o sheri, oju e a ri nnkan ti oju enikan o ri ri”. Meaning, if you attempt to do the outlandish, you will suffer the great consequence.

    Fair Hearing

    We also have our own form of Fair Hearing. The saying –“A gbo ejo enikan da, agba osika”, is rooted in the Latin Maxim – äudi altarem partem”. This is what has informed all the various sets of laws, right from the days of the canonical laws, whence the Roman Laws are derived from and which form the basis of our present set of codified laws historically. Whether we are talking about the various constitutions, written and unwritten, the bills of rights, the several conventions, the idea is always rooted in how the society intends to organize itself, govern itself, administer itself and relationship with each member of the society. Afortriori, whether in the field of Medicine, Engineering, Administration, Politics, Education, Teaching, Business or any other form of human endeavor/activity, law does not only play a prominent role but is the actual bedrock of such an activity. This is why law was the first profession in the Bible. Adam was the first advocate in Genesis 3 verses 9 – 12, when he advocated and exonerated himself from the sin committed with his wife and probably, this was one of the reasons why he got away with a lesser punishment unlike Eve that was banished into a life of perpetual servitude.                             In Deuteronomy, Moses also appointed the first set of Judges, and at Proverbs chapter 21, verse 15, the author said those judges derive joy when they do justice.

     The Bar

    Under this subhead, we will examine the evolution of the English Bar, the Canadian bar, the American bar, the Australian bar, the South African Bar as well as the Nigerian Bar and illustrate the contribution of some of the actors in the various Bar to the development of their different societies.

     These six Bars, were chosen randomly because of their relative historical linkage and background to the English bar. They all are, also common law jurisdiction. With the slight exception of the South African Bar, all the others had their early actors trained as English lawyers most especially the first known lawyer in Nigeria, late Christopher Alexander Sapara Williams, who was enrolled to practice on the 30th of January, 1888.

    The English Bar

    The evolution of the English Bar is deeply intertwined with the development of its legal system, reflecting changes in society, governance, and the law itself. Its early development could be traced to the medieval period. The term “Bar” in the real legal context is often traced to the medieval court rooms. This is as described by the legal historian Sir William Holdsworth in his seminal work “A History of English Law” (1903-1912)1.  The origin of the English Bar dates back to the 12th and 13th centuries when the common law began to develop. The establishment of the King’s courts (Curia Regis) necessitated the need for professional legal representation. The various Inns of Court, which emerged in the late 13th and early 14th centuries, played a crucial role in the education and regulation of lawyers. The four main Inns—Inner Temple, Middle Temple, Lincoln’s Inn, and Gray’s Inn—became the training and licensing bodies for barristers.In the 16th to 18th centuries, the need to formalize and regulate the Bar became more apparent due to the increase in the activity of members of the Bar. Therefore, during the Tudor period, the legal profession became more formalized.

     The Inns of Court developed a structured system of legal education, including readings, moot courts, and dining requirements. By the 16th century, the distinction between barristers (advocates) and solicitors (agents who prepare cases), became more pronounced. Barristers were called to the Bar by their Inns after completing their education and pupillage2.These reforms continued in the 19th and 20th century. Legislations such as the Judicature Acts of 1873-1875, which reorganized the court system and aimed to simplify legal procedures came into existence. Such regulatory framework which sought to establish the legal profession were also put in place.

    Bar Council

     The formation of the General Council of the Bar (Bar Council).in 1894 marked a significant step in professionalizing and regulating barristers. The Bar Council set standards for practice and discipline within the profession. However, becoming a barrister still required membership in an Inn of Court and completion of the Bar examinations and pupillage.In the 20th century, modernization and inclusion became the order of the day. 

    The Sex Disqualification (Removal) Act 1919 allowed women to become barristers, and the first woman was called to the Bar in 1922.                                  

      In the 1960s and 1970s, several reforms aimed at increasing accessibility and diversity within the legal profession came into being. For instance, the Bar Council introduced numerous initiatives to promote equal opportunities and address discrimination and this continued till the 21st century.

     Canadian Bar

    The history of the Canadian bar is a fascinating journey reflecting the evolution of its legal system, shaped by colonial influences, constitutional developments and societal changes. Its early development could be divided into both the Colonial Era and Pre-Confederation Era. Like the Nigerian legal system, the Canadian legal system partly took its origin from the English common law, while also some other parts especially those colonized by France, adopted the French civil law.

    The Canadian legal system is divided into Upper Canada (Ontario) and Lower Canada (Quebec). Upper Canada was influenced by the British legal traditions and early legal practitioners in Upper Canada were often trained in England. They were admitted by the Law Society of Upper Canada, established in 1797 to regulate the legal profession and maintain professional standards, while Lower Canada retained the French civil law system following the British conquest in 1763.

    The Law Society was pivotal in shaping the early legal profession in the province. For instance, the confederation and legal unification which took place between 1867 and the 20th century, led to the formation of several law societies. After Confederation in 1867, the Constitution Act of 1867 (formerly known as the British North America Act) established Canada as a federal dominion. Each province established its own law society to oversee the regulation of legal practitioners.

    Law Society of Upper Canada

    The Law Society of Upper Canada (now the Law Society of Ontario) continued to play a significant role, and similar bodies were established in other provinces.    ..m In Quebec, the Barreau du Québec, established in 1849, continued to regulate the profession post-confederation, maintaining the distinct civil law tradition of the province.

    However, the legal profession underwent a process of unification, with the emergence of national legal bodies and standards.

    Federation of Law Societies of Canada

    The establishment of the Federation of Law Societies of Canada (FLSC) in 1926 was a significant step towards creating uniform standards and fostering cooperation among provincial law societies. Each Canadian province has its own Bar association and law society responsible for regulating the legal profession within its jurisdiction. Provincial Bars oversee admission to the legal profession, professional conduct, and disciplinary matters. The early 20th century saw a movement towards standardizing legal education and admission requirements across Canada.

    Law societies began to require formal legal education, moving away from the apprenticeship model that was prevalent in the 19th century. By the mid-20th century, the legal profession in Canada had become more structured and standardized. The National Committee on Accreditation (NCA), established by the Federation of Law Societies of Canada (FSLC), assesses the qualifications of foreign-trained lawyers and Canadians with non-Canadian law degrees, ensuring they meet Canadian standards. The legal profession saw increased professionalization, with the requirement of law degrees from recognized universities and successful completion of bar examinations becoming standard across all provinces. Professionalization of the bar led to the adoption of standardized licensing examinations and continuing legal education requirements8, with a growing emphasis on Continuous Professional Development (CPD) for practicing lawyers.

    Law societies across Canada mandate CPD hours to ensure lawyers remain competent and up-to-date with legal developments. Specialization within the legal profession has increased, with many lawyers focusing on niche areas of law. This has led to the formation of specialized legal associations and certification programs, enhancing the expertise and service quality within the profession. There is also an increase in diversity and inclusion. The modern Bar in Canada is increasingly focused on promoting diversity and inclusion within the profession. Initiatives by law societies and legal organizations aim to address historical inequities and ensure that the legal profession reflects the diversity of the Canadian society. Efforts to improve access to justice and provide legal services to underserved communities have also become central to the mission of law societies across the country.

     American Bar

    The history of America’s Bar is a rich tapestry of constitutional principles, legal precedent, and institutional development. The legal profession in America traces its roots to the colonial period, where legal practitioners often received informal training through apprenticeships or by studying law books imported from England.

    The American legal profession was heavily influenced by English legal traditions. Many early American lawyers were trained in England or learned the law through apprenticeships with practicing lawyers.

    The legal profession was not highly formalized, and the requirements to practice law varied widely among the colonies.

    The American Revolution and the establishment of the United States led to the development of new legal institutions and principles. Influential documents such as The Declaration of Independence (1776)12 and The Constitution of the United States (1787), including the Bill of Rights and subsequent amendments were ratified. After the American Revolution, there was a push to develop a distinctly American legal system. Law schools began to emerge, and the first law professorship was established at the College of William & Mary in 1779.

    The formation of Bar associations played a significant role in setting standards of professional conduct thereby regulating the profession, promoting legal education, and providing networking opportunities for lawyers.

    State governments began to regulate the legal profession more closely, setting requirements for admission to the Bar and standards of professional conduct. This contributed to the professionalization of the legal profession.

    New York City Bar Association

    The first bar association, the New York City Bar Association, was established in 1870.

    The American Bar Association

    The American Bar Association (ABA) was founded in 1878, providing a national organization to oversee the profession.

    State Bar associations began to implement formal licensing requirements, including Bar examinations, to ensure the competency and ethical conduct of lawyers.

     South African Bar

    The evolution of the South African Bar is also marked by its historical context, from colonial influences to the modern-day system. Its early development can be traced to the influence by Roman-Dutch law, introduced by the Dutch settlers of the Dutch East India Company during the Dutch colonial period in the 17th century. It was informal, with few professional legal practitioners and no formal legal education within the colony.

    This legal tradition formed the basis of the legal system in the Cape Colony and the system continued to influence the legal profession even after the British took control in the early 19th century. The British took control of the Cape Colony in the early 19th century, introducing English common law and legal practices. The British colonial administration introduced English common law principles, leading to a dual legal system. The dual system of Roman – Dutch substantive law and English procedural law began to develop. The first law practitioners were often trained in England, and the practice of law began to be formalized with the establishment of courts and legal procedures modeled after the British system. However, lawyers trained in either Roman-Dutch or English law could practice, creating a unique hybrid of legal framework.

     The South African Bar Association

    The formation of the Union of South Africa in 1910, brought together the legal traditions of the former colonies, as it brought further consolidation and unification of the legal system. The legal profession became more organized, with the establishment of Bar associations in major cities. The South African Bar Association was formed to represent the interests of barristers, known as advocates, who had traditionally followed the British model of legal practice.

    The Cape Law Society

    The Cape Law Society, formed in 1900, played a significant role in regulating the legal profession in the Cape Colony. Similar organizations emerged in other regions to oversee the admission, practice and discipline of legal practitioners.

    During the apartheid era, the legal profession was heavily influenced by the regime’s policies. Many laws and legal practices were implemented to uphold the apartheid system.

    The apartheid regime implemented laws that restricted non-white individuals from practicing law, significantly impacting the composition and regulation of the legal profession.

    The General Council of the Bar

    The General Council of the Bar (GCB), established in 1946, became a central body for advocates, while attorneys were regulated by provincial law societies. Despite the repressive political environment, members of the legal profession played a crucial role in challenging many apartheid laws and defending political detainees and activists.

    Such individuals like Nelson Mandela, Thambo Mbeki and George Bizo, played active roles, as lawyers, during the apartheid struggle. The end of apartheid in 1994 and the establishment of a democratic government marked a significant shift towards democratizing and transforming the legal profession.

    Efforts were made to diversify the Bar and make it more representative of South Africa’s demographics. The new Constitution of South Africa (1996) enshrined human rights and the rule of law, profoundly impacting the legal profession.

    Australian Bar

    The history and evolution of the Australian Bar reflects the broader development of the nation’s legal system, shaped by its colonial past and the gradual establishment of its own legal identity. The Australian legal system also originated from English common law, introduced during the colonial period in the late 18th and early 19th centuries. The first fleet of ships in 1788 brought British legal traditions and legal professionals to Australia. The initial legal practitioners were often British-trained solicitors and barristers, who played multiple roles due to the nascent state of the colony.20 The first Australian-born barristers began to emerge in the mid-19th century, reflecting the gradual development of a local legal profession.

     By the mid-19th century, law societies were established to regulate the profession.

    Law Society of New South Wales

    The Law Society of New South Wales, founded in 1842, was among the first. Following the federation of Australia in 1901, each state retained its legal system but began to unify standards and practices. Law societies and Bar associations in each state played crucial roles in regulating the profession.22 The 20th century saw the increased professionalization and regulation of the legal profession.

    Australian Bar Association

     The establishment of the Australian Bar Association (ABA) in 1963 provided a national body to represent barristers and unify the profession across states and territories. Admission to practice law required completing a law degree and practical legal training, followed by admission to the Supreme Court of the respective state or territory. Law societies and bar associations in each state and territory played key roles in regulating admission to practice, maintaining professional standards, and disciplining members.

    Legal Profession Uniform Law

    The modern era witnessed an increased effort to create a more unified national legal profession which culminated in the Legal Profession Uniform Law, which was implemented in New South Wales and Victoria in 2015. This law aims to harmonize the regulatory framework across states and territories, establishing common standards for legal practice, admission, and professional conduct. The Uniform Law has been considered for adoption by other states and territories, reflecting ongoing efforts to create a more unified national legal profession.

    The Legal Services Council oversees the implementation and administration of the Uniform Law, promoting consistency and fairness across jurisdictions.

    Nigerian Bar

    The history of the Nigerian Bar is deeply intertwined with its colonial past, post-independence developments, legal reforms, and the evolution of its legal system. The legal profession in Nigeria during the colonial era was heavily influenced by British common law principles and institutions introduced during the British colonial rule which began in the mid – 19th century.

    The British introduced English common law and legal institutions to the colony. The first formal legal practitioners were British – trained lawyers who practiced in the colonial courts. Legal practice during this period was dominated by expatriates.

    The Supreme Court Ordinance of 1863 established a formal court system in the Colony of Lagos, which was later extended to other regions.

    Native courts were also established to handle cases involving indigenous laws and customs, creating a dual legal system.26 The legal profession began to grow with the establishment of more courts and the expansion of legal practice. The first Nigerian lawyers were called to the English Bar and returned to practice in Nigeria.

    Formation of the Nigerian Bar Association (NBA)

    The formation of the Nigerian Bar Association (NBA) in 1933 marked a significant milestone in the organization and regulation of the legal profession.

    The NBA sought to represent the interests of lawyers and uphold professional standards.With Nigeria’s independence in 1960, leading to significant legal reforms, the constitution of 1960 and subsequent constitutions laid the foundation for a legal system that combined English common law with Nigerian customary law. There was a push for indigenous representation within the legal profession.

     The Legal Practitioners Act of 1962, established the framework for the regulation of the legal profession, including the creation of the Body of Benchers, responsible for admitting lawyers to the Nigerian Bar. Notable Nigerian legal figures emerged, including: Chief Obafemi Awolowo SAN, a prominent lawyer and nationalist leader, Chief Rotimi Williams SAN, a distinguished legal practitioner known for his advocacy.

     Legal reforms were initiated to indigenize the legal profession and establish regulatory bodies. This included the creation of the Nigerian Law school which was established in 1962 to provide training for law graduates. Completion of the Law School and passing the Bar Examination became mandatory for admission to practice law in Nigeria. This development marked a significant step towards the professionalization and standardization of legal education and practice in Nigeria. The Legal Practitioners Act of 1962 established “the Body of Benchers.

    The Society

    In this section, we will highlight how the contributions of members of the several Bars discussed above used the instrumentality of the law to influence their societies. For instance, several American lawyers and by extension, the American Bar Association, played active roles in the Civil Rights Movement. Their legal activism led to the promulgation of such legislations like the Civil Rights Act of 1964, the Voting Rights Act of 1965. Supreme Court decisions such as Brown v. Board of Education (1954) and Roe v. Wade (1973), which had just been overturned in 2022. Those two pieces of legislation and the two cases among others, still play significant roles in shaping several government policies within the American society. The debate around pro – life, pro – choice, LGBTQ, immigration and several policies formulated by different states in America have their roots in those legislations and the decisions of the Supreme Court. Arising from the above, is also the issue of diversity and inclusion and the American Bar, leading in that regard, has formulated several policies, with increased opportunities and which had opened doors for minorities and women to participate and be active at the Bar. The Canadian Bar, had also followed these footsteps, with the National Committee on Accreditation (NCA), established to assess the qualifications of foreign – trained lawyers and Canadians with non – Canadian law degrees, ensuring they meet Canadian standards. This has occasioned an increase in occupational migration, diversity and inclusion. The same could be said of the South African Bar, which in its post – apartheid era, made efforts to diversify the Bar and make it more representative of South Africa’s demographics. The Legal Practice Act of 2014, was a landmark piece of legislation that unified the legal profession, creating a single regulatory body for both advocates and attorneys—the Legal Practice Council (LPC). This body was established to oversee the profession and ensure compliance with new standards. The LPC aims to ensure fair access to the legal profession, uphold high standards of professional conduct and protect the public interest. Efforts to promote diversity within the legal profession have been central to the post – apartheid transformation. Initiatives to increase representation of historically disadvantaged groups have been implemented. Access to justice has also been a focus, with legal aid and public interest law organizations working to ensure that all South Africans exercise their legal rights. In Nigeria, the period of military rule from 1966 to 1979, and from 1979 to 1998 posed serious challenges to the independence of both the bar and the entire judiciary. The citizens witnessed high level of repression and intimidation from the various military junta, simply for advocating and or fighting against human rights abuses and government excesses. Out of all the three arms of government, it’s important to note that, it’s only the judiciary that survived the military onslaught of that period and thanks to jurists like late C.O Oputa, Kayode Eso, who in several judgments, put the imprimatur of the law to bear and stood their grounds.

    In this connection is also a judge, like Justice Jinadu of the Lagos State High Court, who courageously resigned from the Bench, when his orders were flouted by Chief John Odigie – Oyegun, who was then the permanent secretary in the Ministry of Defence. Chief John Odigwe – Oyegun, subsequently became an elected governor of the old Bendel State, under the ill – fated transition program of IBB between 1990 to 1993. The same John Odige – Oyegun, became the first chairman of the present ruling party, the All Progressives Congress (APC). Permit me the indulgence, to use the character mentioned above as an analogy of the consequences of the fraudulent and adulterated presidential system which we currently practice. However, it is not all that gloomy. We have had members of the Nigerian Bar who had contributed immensely to the Nigerian society. In the area of advocacy and legal representation, we have erudite advocates like late Chief FRA Williams, late G.O.K Ajayi SAN, Kehinde Sofola SAN, Chief Afe Babalola SAN, Chief Wole Olanipekun SAN. In the area of constitutionalism, law reports and policy development, we have had giants like late Professor Ben Nwabueze SAN, late Professor Jelili Omotola SAN, Professor Smith SAN, Prof Itse Sagay SAN. In the area of Advocacy for Human Rights and Social Justice, we have the likes of late Gani Fawhinmi SAN, late Kanmi Ishola Osobu, Chief Femi Falana, SAN etc. In the area of solicitor’s work, commercial litigation, corporate practice, commerce and other forms of advisory services, we have wealthy lawyers like late Chief Adeyemi Lawson, late High Chief Chris Ogunbanjo, Mr. Akin Oyebode, etc. I also commend to this body the career path of this generation of bar leaders; Mrs. Hairat Ade – Balogun, Professor Yemi Osinbajo SAN, Mr. Femi Falana SAN and Olumide Apata. I do not intend to go into their biographies, because I know that they are contemporary lawyers like you and I and whom I hold in high esteem.

    Conclusions and Recommendations

    It will be improper for me to conclude this lecture without offering my own humble suggestion on what, in my view, the Nigerian Bar Association, starting from the Ijebu – Ode branch, should include as part of its objectives in advocating for a better society. This is moreso, given the unending debates and discussions, about how to organize our federal system, govern and administer ourselves as a society. This debate has become so germane because, we all agree that our present system of Federalism cannot work. The only point of divergence is about the approach to resolve that issue. While some believe in what is called restructuring, some others believe in devolution of powers and or decentralization of authority. Some also advocate that we should revert to a regional system of government. I am also of the view that, the members of the Nigerian bar, especially its leading lights and by extension, the leadership of the NBA, cannot afford to be an onlooker, in the discussion. As mentioned earlier, whilst discussing the contributions of members of the Bar, in other jurisdictions, the NBA, is too important, in the scheme of things, to remain silent and not participate in the debate. We should actually take the lead. Whichever school of thought, I am of the further view that the three points highlighted below, can be a starting point.

    Decentralization of our Judicial System.

    We must decentralize our judicial system. What we have now is quasi unitary in nature. Sections 271 (1 & 2), 276 (1 & 2), 281 (1 & 2) of the constitution, dealing with the appointment of the Chief Judges and High Court Judges of a state, Grandi Khadi and members of the Sharia Court of Appeal of a State, President and Judges of the Customary Court of a State, are anachronistic in nature and a complete aberration to the fundamental principles of Federalism.

    By vesting the power of recommendation in a bohemian body known as the National Judicial Council, it has completely eroded the status of each State, as an independent entity/unit in a federating structure. Secondly, it also limited the ambit of the legislative authority of the various Houses of Assembly, on such matters as provided for at Sections 270 (2) (b); 275 (2) (b) and 280 (2) (b). This is moreso, given the composition and powers of both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC) at Paragraphs 12, 13, 20 and 21 of the 3rd Schedule of the Constitution. Furthermore, I see no reason(s) why states should not be allowed to develop their own Appellate structures, similar to what we used to have in the defunct Western region. Matters covered at Sections 241 (1) (a – f), 242 (1 & 2), 248, 254 (a – f), 260 – 269, should be within the purview of the state, except where it involves the Federal Government. Two or more states, may agree, by way of a memorandum, to establish a joint appellate structure. A region or a zone, like the south west, may also undertake this jointly. This is one sure means of reducing the burden of the different Appellate Courts workload.

    Devolution of Powers Down to the Local, State governments

    I have tried in vain, to understand the reason(s), why matters like Aviation, Bankruptcy and insolvency, Banks, borrowing of money within Nigeria, Construction, Copyright, Designation of Securities in which trust funds may be invested, Election to the office of Governor and Deputy Governor and any other type to which a person may be elected under the constitution, evidence, fingerprints, identification and criminal records, fishing and fisheries, incorporation, regulation and winding up, insurance, labour, mines and minerals, patents, trademarks, trade or business names, industrial designs and merchandise marks, pensions, police, prisons, public holidays, railways, stamp duties contained at Items 2 – 7, 11, 13, 19, 22, 23, 28, 29, 32 – 34, 39, 43 – 46, 48, 51, 55, 58 – 67, are included in the exclusive legislative list. I believe that they should be made concurrent, so that states may also have powers to go into those areas too.

    For instance, provision of rail services has the potential of increasing economic activities, generating income and increasing the employment rate, if states are allowed and encouraged to provide same within their territories. Two or more states or a zone like the South West, may thereafter make arrangements to link each other by train. This will also enhance migration of labour and increase mobility. The rate of commerce will increase and so on. 

    Reform of Electoral Process

    Our electoral process at the moment is designed to operate from top to bottom. I am of the humble view that it should be from the bottom to the top. I suggest that we revert to the electoral cycle of 1998, during which the first election conducted was that of the local government, followed by the Gubernatorial and various states Houses of Assembly election which held on the same day, whilst the Presidential and National Assembly elections that also held on the same day, was used to conclude the process. I have read some news item, where it is reported that some top government functionaries, in this administration, have proposed that the election into all the 774 local government councils, be conducted by INEC. I totally and wholeheartedly disagree with this suggestion. It is not only retrogressive but also a complete anathema to the avowed principle of Federalism, anywhere in the world. As a matter of fact, the appropriate thing is that, each state, should have its own electoral laws, that will regulate/govern all its electoral processes, including Gubernatorial and Houses of Assembly election.

  • How Nigeria can shape int’l law, by experts

    How Nigeria can shape int’l law, by experts

    Leading diplomats and international law experts have called for the urgent prioritisation of homegrown capacity development and training to fully accentuate Nigeria’s foreign policy interest and voice in international law making and diplomacy.

    The recommendation was made at the opening ceremony kickstarting the one-week Certificate of Advanced Studies in International Law and Diplomacy course organised by the Nigerian Institute of Advanced Legal Studies (NIALS) in partnership with the International Law Association (Nigerian Branch).

    The ultimate objective of the course is to expose participants to the specialised knowledge and skillsets required for the practice of international law and diplomacy.

    The opening ceremony featured compelling remarks by senior diplomats and experts including Ambassador Usman Sarki, Former Deputy Permanent Representative at the Permanent Mission of Nigeria to the United Nations, New York; Prof. Mohamed Tawfiq Ladan, the Director General of the Nigerian Institute of Advanced Legal Studies; Professor Damilola S. Olawuyi, SAN, President of the International Law Association Nigeria; Ambassador Musa Nuhu, Nigeria’s Permanent Representatives to ECOWAS, Ministry of Foreign Affairs; Eghobamien-Mshelia Esther, Vice Chair and Nigeria’s representative, UN Committee on Elimination of All Forms of Discrimination Against Women (CEDAW); Clement Osuya, Secretary General of the International Law Association, Nigeria, amongst other dignitaries.

    Prof Ladan, Director-General of NIALS noted that “This interdisciplinary course is designed to help participants think critically about diplomatic and international legal issues in real-life contexts, while applying theory to practice and addressing some of the key questions facing the world today, and looking at contemporary practice and major events.”

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    On his part, the Chairman of the occasion, Ambassador Usman Sarki stated that “For Nigeria to be a leader and also an effective member of the international community especially in such fora as ECOWAS, the African Union, the United Nations etc, her public diplomacy and methodologies of engagement must be grounded firmly on the astute grasp of international law and international institutional arrangements.

     “Knowledge of the relevant aspects of international law and practical diplomacy will go a long way in shaping our approaches to global governance and challenges, as well as the fine-tuning of our process of engagement with other partners and stakeholders.”

     Ambassador Sarki commended NIALS and the ILA “for putting together this training package which should prove highly significant in the formation of the next cadre of experts in international law and diplomacy who would serve their country professionally and in the best of traditions.”

    On his part, the President of the ILA, Nigeria, Professor Damilola Olawuyi, a Senior Advocate of Nigeria and Professor of International Law, who is also an Independent Expert on the United Nations Working Group on Business and Human Rights, Switzerland, noted that for many years, international law has been largely shaped by western narratives.

    He noted that “reclaiming the African voice in international law and diplomacy requires homegrown capacity development programmes that expose the next generaton to the art and craft of international law and diplomacy.

    “A course like this provides a chance to develop and maintain a steady track of international law scholars and diplomats from Nigeria, for Africa and for the world.”

    While commending the Director- General of NIALS for providing such an innovative and inspiring platform for advanced studies in international law and diplomacy, Professor Olawuyi called on all participants to “fully immerse themselves in the opportunities provided by the course.

    ”The one-week course will cover contemporary themes in public and private international law, taught by leading experts, including modules on artificial intellegence and new technologies, international human rights and humanitarian law, international criminal law, international energy and petroleum transactions, climate change and sustainable development, conflict resolution, international commercial arbitration, AFCTA and international economic integration, as well as ethics and skillsets for international diplomacy, amongst others.

     Established in 1979, NIALS is the apex legal research and training institute in Nigeria, while the International Law Association (ILA) was established in 1873, with the objective and mandate to promote “the study, clarification, and development of international law, both public and private, and the furtherance of international understanding and respect for international law.”

    The Nigerian Branch of the ILA regularly hosts innovative lectures, seminars, conferences, and other capacity development programs to advance the study and understanding of international law in Nigeria.

  • Law professionals move to revitalise Nigerian justice system

    Law professionals move to revitalise Nigerian justice system

    Law professionals in the country on Friday, May 31, gathered to deliberate on ways to enhance and revitalise the Nigerian justice system, by fostering hope for positive change in the country.

    The group executive director, Kingsley Obiukwu urged every Nigerian to contribute its quota by ensuring Justice is achieved without hindrance.

    Obiukwu disclosed this during the 2024 Law Week, in Abuja with the theme, “Doing Business in Nigeria: Economic Survival and Justice Delivery, as he expressed tremendous hope for the justice system in Nigeria”. 

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    Obiukwu emphasised the importance of transparency and ethics in our law courts, stating that the qualities are vital for enabling the smooth growth of businesses within the country.

    He said: “We cannot afford to give up. It is up to us to initiate the change, especially when it comes to reforming our justice system. The pace of justice has been excruciatingly slow, and fairness has not always been upheld. Our courts must be trustworthy for businesses to prosper.”

    The group DG noted that the road ahead will be challenging, but with a shared vision, and a brighter future, saying Nigeria is undoubtedly on the horizon.

    “We must persist in our efforts to bring about a better tomorrow,’ he said.

  • Elevating justice: Law, legal profession in national development

    Elevating justice: Law, legal profession in national development

    • By Benjamin Kalu

    Learned friends on the Bench, and at the Bar, ladies and gentlemen, I welcome you to the 2023 Law dinner and awards ceremony of the prestigious NBA Gwagwalada branch.

    It is an honour to deliver this keynote address on the critical role of law as an instrument of justice and the legal profession as a catalyst for national development.

    Thomas Hobbes, the prominent 17th-century philosopher, in his seminal work “Leviathan,” contemplated the state of society without the guiding hand of the law. As you would expect, it was not a palatable scenario, he, therefore, submitted that in the absence of a structured legal framework, human life would be characterised by chaos.

    As individuals in their natural state, would be in a constant state of conflict and competition, singularly guided by selfish interests. So to enable peace and societal development, he advocated for the establishment of a sovereign authority to maintain law and order.

    An understanding of Hobbes’s theoretical foundation is essential to appreciating the stabilising influence of the law in any society.

    In the context of Nigeria, the uniqueness of the judiciary is in its ability to uphold the rule of law, foster harmony, protect citizens’ rights, and act as a unifying branch of government, that reinforces public faith in the system.

    Arguably, this is the philosophical origin of the common phrase “the judiciary is the last hope of the common man”.

    Nigeria’s laws, as designed, set the foundation for the principles of fairness, equity, and justice for all.

    The exemplary and comprehensive provisions of Chapter IV of the 1999 Constitution1 of Nigeria (as amended) have been the subject of constant litigation, to which the judiciary has continued to rise to the defence of the common man.

    In the landmark cases of Onyibor Anekwe v Maria Nweke and Ukeje v Ukeje, the Supreme Court of Nigeria in upholding the fundamental rights from discrimination protected by Section 42 of the 1999 Constitution, held that a custom that denied women’s right to inheritance is repugnant to natural justice.

    Ogunbiyi J.S.C in the Anekwe case clearly stated that “a custom of this nature in the 21st-century societal setting will only tend to depict the absence of the realities of human civilisation.”

    Since the delivery of these landmark judgments, a host of discriminatory customary practices in Nigeria have been subjected to scrutiny, thereby emphasizing the societal context and human impact of legal decisions.

    It is, therefore, evident that the transformational role of the law in the advancement of any society cannot be understated.

    Without a doubt, the responsibility of the legal community extends far beyond the courtroom. It encompasses advocacy for legal reforms, promotion of public awareness, and the upholding of ethical standards that underpin the pillars of justice.

    Lord Denning, the erudite jurist and most influential judicial figure in recent history, who incidentally was referred to as the ‘People’s Judge’, once remarked that “justice must not only be done; it must be seen to be done.”

    This further encapsulates the essence of public trust in the legal system, a trust that must be earned and maintained through the ethical and impartial conduct of legal practitioners. But can we of the legal profession truly say that our legal compass has been guided by these principles?

    The legal profession, as stewards of the law, bears a responsibility to uphold the principles of fairness, and justice. They are the intermediaries between law and society, thus translating legal principles into practical outcomes that impact the lives of Nigerians from all and sundry.

    The American Federalist Papers, a collection of essays written by Alexander Hamilton, James Madison, and John Jay, provide a valuable lens through which we can examine whether we of the legal profession in Nigeria can truly assert that we uphold high ethical standards and uphold the law in the way that promotes the greater good of society.

    For example, in Federalist Paper No.78, particularly written by Alexander Hamilton – he argues eloquently that an independent judiciary is essential for ensuring the impartial application of the law and the protection of individual rights.

    Therefore, in the Nigerian context, the legal profession has not only the moral imperative but the existential potential to play a key role in national development.

    It can do so by advocating for legal reforms that address pressing social and economic challenges, educating the public about their legal rights, and continuously upholding ethical standards without ceasing.

    There are, however, significant challenges that continue to hinder the legal profession from fulfilling its transformational potential to promote national development in Nigeria.

    One key challenge is the people’s lack of access to justice. Many Nigerians lack the financial resources or even the knowledge to access the legal system.

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    This is not surprising considering Nigeria’s multi-generational fight against poverty. This state of lack and want hinders the ability of a lot of Nigerians to seek redress for grievances and protect their rights.

    Another significant challenge is inefficiency and the encroachment into the institutional independence of the judiciary by the other respective branches of government, be it at the state level or the federal level. This can delay justice, undermine the public trust in the judiciary, and stifle the ability of the judiciary to dispense justice expansively.

    An underreported challenge is the lack of diversity in the legal profession. As a champion of gender equality, gender inclusion, and gender equity, this is dear to me.

    The underrepresentation of women legal practitioners in some geopolitical zones in the country continues to limit the perspectives and experiences that are important regarding salient legal issues in the country.

    To address these challenges, we must work together to strengthen the legal system, promote access to justice, deploy technology to optimize processes in the judiciary, promote gender inclusion in the legal profession, and uphold ethical standards.

    The pursuit of justice must go beyond courtroom victories. It demands that we must be guided by the principles of fairness, equity, and access to justice, ensuring that the law serves as a tool for positive transformation in our society.

    In conclusion, law is not merely a set of rules; it is a tool for creating a just and fair society. Therefore, as legal practitioners, we must embrace our collective role of elevating justice and serve as catalysts of national development.

    • Deputy House of Representatives Speaker Kalu delivered this keynote address at the NBA Gwagwalada Branch 2023 law week.