Tag: LAW

  • ‘Omatseye didn’t breach the law’

    ‘Omatseye didn’t breach the law’

    The Federal High Court in Lagos yesterday heard that a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Temisan Omatseye, did not approve a contract above his threshold.

    A witness, Abdullahi Muhammed, of Ministry of Justice, while testifying in Omatseye’s trial for contract rigging before Justice Rita Ofili Ajumogobia, said a February 13, 2013 document issued by the Bureau of Public Procurement (BPP) absolved Omatseye of any wrongdoing.

    “The letter, signed by Mike Oghiadomhe, was received, stamped and forwarded to the former Attorney-General of the Federation Mohammed Adoke.

    “He minuted it out to the Solicitor-General who minuted same to the Director of Public Prosecution (DPP), who in turn minuted same to a lawyer for action… When the file came back to me, it was marked KIV, meaning,  keep in view. And that’s where it has been until it was subpoenaed by the Federal High Court sitting in Lagos,” he said.

    Omatseye closed his defence yesterday after denying the allegation of  N1.5billion bid-rigging.

    Justice Ofili-Ajumogobia adjourned till February 5, 2016 for the parties to adopt their final written addresses, after which a date will be fixed for judgment.

  • Boost for 65 Rivers Law students

    Boost for 65 Rivers Law students

    Open your mouth, judge righteously, defend the rights of the poor and the needy. This is the work of lawyers and attorneys; High Chief Olu Benson Lulu-Briggs (O.B. Lulu-Briggs) and his wife, Dr. Sienye O.B.Lulu-Briggs are already doing this through their years of philanthropic gestures to the indigents of the society.”

    These were the words of the former Minister of Labour and Productivity, Emeka Wogu, at the 6th edition of High Chief Olu Benson Lulu-Briggs Foundation’s Nigeria Law School Scholarship Award for the 2015/2016 set held in Port Harcourt, the Rivers State capital.

    Wogu, also a lawyer, was the guest speaker at the event.  He spoke on the topic, “Expectations and challenges of a Legal Practitioner’s career”.

    He noted that Law profession is the hope of the common man and the public have a lot of expectations from them, adding that lawyers cannot afford to disappoint the public by bending the rule to favour the rich.  He urged them to speak for both the rich and the poor in accordance with the rules.

    The minister outlined some of the challenges faced by lawyers in the course of practice to include, high cost of Law books, activities of lawyers caught in the web of rich- quick syndrome, and the difficulty/inability of some young lawyers to procure their wig and gown, as well as undue pressure following the high expectations of the public on lawyers.

    He thanked the Foundation for its efforts in moulding future leaders for the Ijaw nation starting from Rivers State, and urged them on diversification of their chosen career.

    Sixty five lucky Law students of Rivers State origin, who are on their way to the Law School for their qualifying course before joining Law practice, bagged the award this year.

    They smiled home with brand new HP Laptop and cash gift from their benefactor, O.B.Lulu-Briggs Foundation, to assist them offset the crunchy financial difficulties usually faced by students at Law School; with the view of helping them face their studies and graduate with flying colours.

    The scholarship award is one of the five programmes of the Foundation founded in 2001. Other fields of the Non-Governmental/ not-for-profit organisation are: The Care for Life, Education and Scholarships, Free Medical Missions, Micro-credit and Entrepreneurship and Water purification and Access to clean Water, especially for river-rine communities  without good drinking water.

    No fewer than 442 students have benefited from the Law students award since it began six years ago.

    The Executive Director of the Foundation and wife of the founder, Dr.  O. B. Lulu-Briggs, expressed satisfaction at the feedback from past awardees who have graduated from the School and now practicing in parts of the country, stressing that “This informed our reason and encouragement to continue with the kindness and to even expand it further.

    “It is interesting to note that this grant scheme which was initially awarded only to natives of the Kalabari Kingdom is now open to all Nigerian Law School students who are of Rivers State origin.

    “In a bid to scale up our activities in the educational sector and also encourage academic excellence, we have raised the stake higher as the selection criteria is now quite challenging. By so doing, we hope that an atmosphere for healthy competition amongst students of Rivers State will be created.”

    Mrs. Lulu-Briggs released some fundamental tips that would make the new awardees more successful in the school and their chosen career, but also threw a challenge on them.

    “For you grantees, I would like you to seize the moment at hand and take a deeper reflection to understand the purpose of your selection. You were obviously not selected by chance, you must also understand that our World is rapidly changing, with advancement in technology and knowledge being updated constantly.

    “The Legal profession today to a large extent is interwoven, it is an interplay of what you know and how well you can build relationship with people. I urge you therefore to take advantage of the opportunity to network and also sign up as protégés of some of the senior advocates/legal professionals in your chosen career, as the membership they provide will accelerate your growth and development.”

    The clergy further explained reasons for the Foundation’s decision to extend hands of fellowship to this category of Rivers’ students when she said: “We are doing this, not because we just want to do good, but to impact positively on the society, using this arm of society as an avenue.”

    Past grantees and their parents at the occasion could not stop testifying of the immense succour the Foundation’s gesture gave to them.

    Benibo Reginald Wiyoka of the 20014/2015 set said: “I will like to express my profound gratitude to the High Chief O.B. Lulu-Briggs and his dear wife, the Executive Director of the Foundation Dr. (Mrs.) O.B. Lulu-Briggs and the entire staff of the Foundation. I was a beneficiary of the Foundation’s the grant early this year.

    “The grant impacted me in various ways that I cannot recount, but I must say that the grant enhanced me generally especially as a young Lawyer. After much consideration on how to utilise the cash award given to us, I decided to use it to develop myself further in-line with the advice of the Director of Programmes of the Foundation, Miebaka Nabiebo. This led to my registration into the Institute of chartered Secretaries of Nigeria, and as I speak now, I have almost rounded off the programme as the last examination will be taken this December.

    “This has added to my feather. Without this wonderful family and their candid advice this would not have been possible. Again the importance of the brand new Laptop that accompanied the cash cannot be over-emphasized as a Lawyer and student. I remain internally grateful to them for this rare gesture and pray that God will sustain the life of this family and reward their kind deeds.”

    Also Opumabo Georgewill and Mercy of 2013/2014 set, in their separate speeches noted that the Foundation’s intervention came to them when it was most needed.

    “They told the story of how the Foundation’ grant greatly enhanced their comfort stay in Law School, by helping them get their wig and gown and other necessary materials required by the school with ease; when it was not easy task for most of their counterparts.

    Also some parents at the event, Mr. M. D. Yellow and Mrs. Peace Williams, described the High Chief and his wife as Living Legends who have injected so much positive things into the society and its people through their glaring love for education in general and Law Profession in particular and prayed that the kindness continues as God continues to keep their lives.

  • Frivolous law to stop frivolous petitions

    The bill sponsored by the Deputy Senate Leader, Senator Bala Ibn Na’Allah, titled: “An Act to prohibit frivolous petitions and other matters connected therewith”; should take the gold prize for the most frivolous bill since 1999. Considering that I knew Senator Na’Allah back in the day as a senior colleague when he practised law, I was miffed to watch him on prime time television last week proffering preposterous arguments to support his extremely frivolous bill. As if to add salt to my injury, Deputy Senate President, Ike Ekweremadu, representing my constituency, stood up to lend his weight to that anti-democratic bill.

    Unfortunately, Senator Ekweremadu too, is a lawyer. This jejune bill, as reported by this newspaper, last Friday, “recommends jail terms ranging from a mandatory six months to up to two years or fines of between N200,000 and N4 million for petitions written or published through any medium of whatever description, against public or private individuals without a sworn affidavit in a Federal or State High Court”. The whole essence of this frivolous bill is to make it unattractive for private persons with information on the rampant sleaze in our public service, to report such public officials to the law, or at least expose them to public ridicule and odium.

    The learned counsel in the Senate chambers, and their colleagues, instead of pushing for the enactment of the Whistle Blowers Act, and the strengthening of the Freedom of Information Act, to aid transparency in public service, decided to wear the garb of anti-democratic elements, to criminalise what can at worst, be a libel. In their unreasonable haste to protect themselves and their colleagues in high offices from public scrutiny, they forgot that there is a constitutional guarantee of the fundamental right to Freedom of Expression and the Press, clearly, manifestly, unobtrusively, provided for in Section 39 of the 1999 constitution.

    In case the luxury of office has affected the learned counsels’ interest in constitutionalism, let me quote the relevant provisions of Section 39, to help the Deputy Senate Leader and his supporters appreciate that they are working against the Constitution of the Federal Republic of Nigeria, which they swore to uphold. Section 39(1) provides: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”. The requirement of an affidavit on oath, by some misguided senators, before a citizen can impart information, as sought by the dubious bill, is therefore non-sequitur.

    To ensure that constitutional provisions remain sacrosanct and are not dealt a sleight of hand by misguided legislators, Section 1(3) of the constitution provides: “If any law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void”. I hope this attempt to gag the press, or to further discourage Nigerians from reporting on our rapacious and thieving elites, will fail. If perchance this bill becomes a law, I have no doubt the courts will strike it down.

     

    Quelling unlawful assembly unlawfully

    As feared, the brazen match by some youths for a new Biafra, championed by a nascent group called the Independent People of Biafra (IPOB) and a faction of the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB), turned bloody penultimate weekend. According to reports, two police men, five members of the group and two other persons lost their lives in the fracas, following efforts by law enforcement agencies to dislodge the group from barricading the Onitsha end of the River Niger Bridge.

    Of note, while Section 40 of the 1999 Constitution provides: “Every person shall be entitled to assemble freely and associate with other persons….”; Section 45(1) warns: “Nothing in Sections 37, 38, 39, 40 and 41 of this constitution shall invalidate any law that is reasonably justifiable in a democratic society”. The forceful insistence of the champions of a new Biafra, that Onitsha town must be shut down until the IPOB leader, Nnamdi Kanu, is released, in the least, amounts to riotous assembly. But the security agencies, acting within the law, can only use reasonable force to disperse the protesters. To find out what happened in Onitsha, and in the long term interest of Nigeria’s peaceful co-existence, I urge the federal government to set up a public enquiry over the incident and the unabated protests.

    As I have argued previously here, the absence of critical infrastructure, general development and opportunities in the southeast, as in many other parts of Nigeria; more so, as our leaders, engage in licentious orgy of criminal aggrandisement, is a time bomb. But a violent agitation for a new Biafra, I dare say, will not solve the problems.

     

  • Senate frowns at gas flaring law breach

    The Senate yesterday frowned at what it described as the blatant flouting of gas flaring law in the country by oil companies.

    The Upper Chamber said it has resolved to ensure that stakeholders adhered to the law on gas flaring.

    Chairman, Senate Committee on Gas, Senator Bassey Albert Akpan, who spoke at the inaugural meeting of the committee in Abuja, insisted that the Nigerian Gas Supply and Pricing Act, 2008 must be respected by stakeholders.

    Akpan who represents Akwa Ibom Northeast Senatorial District said the committee would engage stakeholders in the oil and gas sector and the regulators to ensure that the right thing was done in the sector.

    He noted that since law is not the respecter of any person, group or an entity those who flout the law should be punished accordingly.

    Members of the committee, he said, have discovered that the law guiding gas flaring is not being enforced by the regulators.

    He said, “For this committee, there is an Act of the National Assembly that was enacted in 2008 which is called the Nigerian Gas Supply and Pricing Act, 2008.

    “That Act actually stipulates what the domestic gas supply obligation of every single international oil company operating on the soil of Nigeria should do; the law also stipulates the penalty on the issue of gas flaring.

    “We will be engaging the various stakeholders. We will first of all talk to the regulators, the Ministry of Petroleum Resources.

    “We will talk to the NNPC, Department of Petroleum Resources (DPR) and we will also talk to the gas aggregator.

    “We should first of all come to terms with the fact that there is a law guiding the gas sector and then we begin to look at the areas where we can enforce the law, because what we have found out here is that the law is not being enforced.

    “One thing is to have a law, another is for you to ensure that every stakeholder, every operator adheres strictly to the conditions of the law.

    “So, we will be looking at the law because this is an era of the rule of law. The president believes in the rule of law.

    “The president believes that the oil and gas sector must be completely sanitised and that is what we are all here to do.

    “We are going to carry out a very robust oversight and we will not compromise in terms of international best practices.”

    Akpan said members of the committee will work to ensure that the Petroleum Industry Bill (PIB) received speedy passage.

    The passage of the bill, he said, will assist the country to increase investment in the sector.

    The lawmaker noted that there was no doubt that increase in investment would translate to increase in revenue for the country.

  • What the law says

    Section 31 of the Criminal Code: “Any person who levies war against the state, in order to intimidate or overawe the president or the governor of a state is guilty of treason and is liable to the punishment of death.

    “Any person conspiring with any person, either within or without  Nigeria, to levy war against the state with the intent to cause such leving of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to punishment of death.”

    Section 41 of the Criminal Code: “Any person who forms an intention to effect any of the following  purposes that is to say: To remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander in Chief of the Armed Forces thereof; or to likewise remove during this terms of office the Governor of a state or to levy war against Nigeria in order to put any force or compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other legislative or legislation authority or to instigate any foreigner to make any armed invasion of Nigeria or any of the territories thereof and manifests such intention by an over act is guilty of a felony and is liable to imprisonment for life.”

  • AUN gets  pioneer dean of law

    AUN gets pioneer dean of law

    A South Africa-based Nigerian, Prof Oladejo Olowu, has resumed as the founding dean of law at the American University of Nigeria (AUN), Yola.

    A statement from the university said it is part of preparations to apply for accreditation to run the Law programme.

    Olowu, who was active in the Nigerian law practice before becoming an academic, worked as Professor of Law and Director of Postgraduate Studies & Research at the North-West University, Mafikeng, South Africa, having joined the NWU in January 2010. He previously worked for Walter Sisulu University and University of Fort Hare, both in South Africa.

    “With his impressive background, credentials and experience, all of us at AUN are thrilled to welcome Dr. Olowu as our founding Dean,” said AUN’s President, Dr. Margee Ensign

    On his vision for the new job, Olowu said: “My focus is on how to jump-start our Faculty of Law on a glorious scale. That must be our commitment.”

    Olowu was called to the Nigerian Bar in 1992 after graduating from the Obafemi Awolowo University, Ile-Ife in 1991. He has two Masters of Law degrees from the Obafemi Awolowo University, Ile-Ife, and the University of Pretoria, Pretoria, in conjunction with University of the Western Cape, Cape Town. At Notre Dame (2002-2004), he earned the doctorate cum laude in Juridical Science, having previously been at Åbo Akademi University, Turku, Finland (2003) for the Advanced Diploma in International Human Rights Protection.

    The widely published professor began university teaching at OAU, then University of Ibadan, Ibadan (2000-2002), University of Notre Dame in the U.S.A., and the University of the South Pacific, Vanuatu.

    Olowu is a Fellow of the Salzburg Global Seminar and holds several awards in recognition of his interdisciplinary work.

     

  • I returned to study Law two decades after rejecting it at ABU- Ex-NNPC chief Ajetunmobi

    I returned to study Law two decades after rejecting it at ABU- Ex-NNPC chief Ajetunmobi

    Fresh in retirement as the Human Resources Manager, Warri Refinery and Petrochemical Company, after working with the Nigerian National Petroleum Corporation (NNPC) for 33 years, Barrister Paul Ajetunmobi, who is now a practising lawyer, recalls his experience in the organisation regarded as the backbone of the nation’s economy. He also tells VINCENT AKANMODE about his venture into full legal practice several decades after he vehemently rejected the admission offered him at the Ahmadu Bello University, Zaria to study Law.

    What informed your decision to go into the legal profession?

    Let me begin by saying that I had the opportunity to read Law the first time I entered the university, but I did not, basically because of the kind of upbringing I had. In those days, the popular thinking was that lawyers were liars; that they were never straightforward. It was believed that lawyers tried to pervert justice in one way or the other, and because of my upbringing as a serious Christian, I felt it was not a profession I should belong to.

    But eventually, it dawned on me after I had obtained my first and second degrees, that so many people were being oppressed and cheated. They were being denied their rights and entitlements and I was always wishing there was something I could do to help the less-privileged enforce their rights. Those were actually the factors that influenced my decision to return to school to study Law.

    That means you have not always being a lawyer…

    Yes, I was not practising law because I was already in another employment before I decided to return to school to study it and statutorily, you cannot practise law if you are still in another employment. You may only be able to do solicitor’s work. But having retired from public service, I felt the time had come for me to practise law fully. That was why I set up the practice and ensured that I nurtured and grew it into a full-fledged legal outfit.

    You spoke about being in public service. Which organisation did you work with?

    I was in NNPC (Nigerian National Petroleum Corporation). I started my career in NNPC in May 1981. I was in full employment, got into a management position and retired in November last year as the human resources manager of the Warri Refinery and Petrochemical Company.

    How would you describe your stay at NNPC?

    I would describe it as very worthwhile. I went round, and I would count myself very lucky and privileged to have, out of 170 million Nigerians, joined the NNPC as a young graduate in 1981. I had a chequered experience going through thick and thin. It also gave me the opportunity to meet a lot of people I would not have thought of meeting in my life. The organisation has actually sown greatly into my life. They have developed me. They gave me the opportunity to go for my master’s degree. They also allowed me to go for my Law programme and even gave me study leave to attend the Law School. So, whoever I am today, I owe a lot of it to the NNPC and Nigeria as a whole.

    There is this widely held opinion that the NNPC is a very corrupt organisation in the habit of squandering the nation’s oil revenue. Is it an organisation where you would hardly find upright people?

    The problem is that the average Nigerian does not know the NNPC well. They have a perverse opinion of the NNPC. Contrary to what many people tend to believe, the NNPC is an outfit where you would find some of the most patriotic Nigerians. Of course, like every institution, there are certainly some bad eggs, but they are few and far between. There are many righteous and straightforward people in NNPC. I came across so many of them almost on a daily basis by the virtue of my position in the Human Resources Department, which in those days used to be called the Personnel Services Department.

    I started as a personnel officer in NNPC. I started as a recruitment officer in the organisation, and throughout the time I was there, even as a young officer, I started meeting people who were very upright. And there are so many people whose uprightness I can vouch for in NNPC even now. But like I said, there are also bad eggs like you would find in any other organisation, particularly one as large as the NNPC. In any human society or sphere of life, you would always find bad eggs, but that does not mean that every other person in the organisation is bad.

    Were you able to identify some challenges that NNPC had while you were there?

    Of course, there were lots of challenges. By the act that set up the NNPC, the Petroleum Act of 1977, there are some legal issues that are yet to be fully resolved, which is giving it some of its present challenges. The NNPC is seen as a public service establishment, and by public service rules, there are certain things restraining its activities. For instance, it cannot just go to the bank and borrow money to do things like other companies, whereas in the oil industry, money plays very critical roles.

    There are also other impediments experienced by the NNPC which are not found in other privately-driven establishments. For example, I spent the last ten and a half years of my service at the NNPC in the refineries. The head of refinery has an authority limit. The limit at the time was about N5 million, which is less than $30,000 by today’s exchange rate, while there are equipment within the refinery worth about $500,000 or even one million dollars. But by the authority limit of the Managing Director, he cannot afford more than $30,000. So he has to approach the corporate headquarters. But you would find that even at the corporate headquarters, the authority limit of the Group Managing Director is just about N50 million, which is not more than $250,000.

    A refinery is a multi-billion dollar project. For instance, if a compressor has a problem and you want to fix it, you will need about $150,000. But because of the challenge of the authority limit of the MD of the refinery, he has to apply to the corporate headquarters of the NNPC. And when he gets to the corporate headquarters, even the GMD cannot approve it, so he has to take it to the Presidency for approval. In the end, something you need to fix within a week or two would be there for two or three years. And you know the refinery is an industry that has to work 24/7. Once a refinery starts working, it works non-stop day and night, unless there is a problem. So, you can imagine metals hitting one another sometimes up to a temperature of about 300 degrees or 500 degrees centigrade, and when they break down, you have to wait for approval to repair or replace them. That is why we have the challenge of not having regular turnaround maintenance in NNPC. Refineries work non-stop for one or two years. So, by the statutes, turnaround maintenance is supposed to be done every two years. But you have a situation where there will not be turnaround maintenance for five, seven or ten years. The machines are bound to break down.

    Apart from that, those who have no knowledge of the industry are given contracts by the powers-that-be to supply the equipment. The contracts for materials like the caustic soda or the acid they use in refining crude oil are given to people who have no knowledge of the industry because of the ‘Nigerian factor’. The corruption in the system is really impacting negatively on the refineries, but the staff and management of the NNPC are being blamed for it.

    Is it really about perception? There was a report recently, for instance, that the NNPC generated about N8 trillion in three years and spent close to half of it…

    That is another instance of misconception. The average Nigerian has a wrong conception of how the organisation is run. By the act that set up the NNPC, it has a mandate that whenever they carry out certain expenditures, they should defray their debts from whatever revenue they realise. The money that is spent in producing the crude, for example, the act that set up the NNPC gives the mandate to defray their debts from whatever they generate as revenue. But the average Nigerian does not understand this. The other time, they said that N20 billion was missing. I am not saying the money is missing or it is not missing. But the NNPC has the mandate that when it is spending, it has to defray some of the costs from the money being realised. But people who do not know would just conclude that NNPC is spending the nation’s money or it is corrupt. That, however, is not to say that there are no areas people who have corrupt intentions can exploit to do the damage. But I still believe there are very pious and God-fearing people in the organisation.

    Can you recall your school days? How did it all begin?

    Apart from the basic primary education that I had in my village, when I left primary school in 1968, I had the opportunity of doing the common entrance in those days and was admitted into Government Secondary School, Dekina, in the present Kogi State. Some of my friends went to Government Secondary School, Okene, now Abdul Aziz Attah Memorial College. A few others went to the Federal Government College, Sokoto. There were only three federal government colleges in the country then. So, I was in Dekina. But because of poverty, my father could not afford the school fees, which was about 15 pounds per term. Indirectly, I was forced to get a transfer to St. Augustine’s Secondary School, Kabba in Kogi State. Because my father did not want to hurt my feelings at that time, he gave the excuse that I was still a small boy, because I was just 14 years old. He also said because of the civil war then, it was dangerous for me to be crossing the River Niger, because at that time, we had to cross the River Niger from Lokoja to Shintaku by ferry. The roads were also very bad. But as a young boy, I did not like the idea of seeking transfer to St. Augustine’s because I felt that Dekina was an experience and an opportunity for me to gain some exposure. But the real issue was finance.

    So, I went to St. Augustine’s, and as God would have it, I had a very good foundation in the secondary school. Luckily, when I finished from the school in 1974, I moved straight to the university. At that time, there was nothing like JAMB (Joint Admission and Matriculation Board), but I did the concessional exam that earned me admission into the School of Basic Studies of the Ahmadu Bello University (ABU), Zaria. JAMB started after I had left the university in 1978. But there were concessional exams through which you could gain admission straight to the university. In fact, I did the concessional exams of the University of Ibadan (Jos Campus) in those days. ABU had just started its School of Basic Studies, so we were more or less the first set. So I did my basic studies or what some people call preliminary studies in Kano. Former INEC chairman, Attahiru Jega, Peter Agbese and others were my classmates. That was in 1974. As God would have it, by 1978, I was already a graduate. I had it straight.

    How was your poor dad able to finance your university education?

    In my first two years in the university, I had no scholarship because Kwara, which was my state then, was a little bit poor. So I was on student loan for the first two years, which I paid back many years after I had left the university. But in all honesty, at the time we took the loan, I didn’t feel like paying back because some of us felt that we were being short-changed. How could students from other states enjoy scholarships and even enjoyed huge bursaries with which they bought motorcycles, sound system and what have you, while we had to take loans to finance our own education? But as God would have it and because of my religious upbringing, many years after I had left the university, the loans board of the federation traced me to the NNPC through the Kwara State Government. But by 1976, I had the Kwara State scholarship, which I enjoyed in my last two years in the university.

    How much was the loan?

    It was N1, 300. But at that time, it was a lot of money.

    Which course did you eventually study?

    I read Sociology. I had a B.Sc in Sociology from ABU in 1978. I had an interview at the NNPC when I was doing my national youth service in 1979, but I didn’t start working with the NNPC until 1981, because I applied as a personnel and admin officer, and in those days, it was not easy to be recruited as a personnel and admin officer because there were so many graduates of the liberal artsHistory, Geography, Religious Studies, Political Science and even Philosophyall competing for the position of personnel or admin officer.

    Why Sociology?

    It is a long and funny story. I think it was more of accident than design. When I set out to go to the university, the course that really appealed to me most was Business Administration. It was not that I really knew what it was all about because we had nobody to counsel us on which courses we should do in those days. But the Bus Admin, which they used to call Business Administration, was sounding like music to my ear, so I fell in love with it. In ABU then, the preliminary students were given preference in the choice or allocation of courses ahead of other admission seekers that came from outside. Unfortunately I did not offer Economics at school certificate level, even though I had credit in Mathematics. That ruled me out of Business Administration but the authorities of the school said I should read Law and I said that would be over my dead body. When I saw Sociology among the other options that were given to me, I liked the name and opted for it.

    What did you have against studying Law?

    I grew up in a very religious home where there was this belief that lawyers were liars and would always pervert justice. It was also believed that once you read Law, you would automatically become a member of a secret cult. In fact, there was a day I jokingly told my father that I wanted to read Law. My father prostrated for me and said for God’ sake, I should jettison the idea. He asked how I would read Law and still hope to make heaven. Those were the things that did not encourage me to read Law at that time. Ironically, the Law I rejected at undergraduate level, I returned to Lagos State University to study it almost 20 years after I had the opportunity to do so at ABU.

    How much of Jega did you know as classmates?

    I think knew him very well when we were young. I knew him to be a very hard working and straightforward individual. Even as mates in the preliminary class at ABU in 1974, I learnt that his father was a top bureaucrat in the civil service of the North Western State, which covered the present Sokoto, Kebbi, Niger and Zamfara states. He was an easy going and hard working person. He eventually read Political Science while I read Sociology, but we were in the same faculty and were taking courses together. I knew him to be very upright, simple, unassuming and cool-headed. Although he had an urbane and elitist upbringing, but he related very well with those of us who came from humble backgrounds. I have also had occasions to meet him after we graduated in 1978. I met him at various fora when he was the president of ASUU (Academic Staff Union of Nigerian Universities) and we related very well.

    Did he exhibit any trace of the principled stance for which he is reputed now?

    He has always demonstrated that. He was a human rights activist even at that time. He was the type who never wanted the less-privileged to be oppressed. He believed in justice, fairness and equity. And he was not the type who carried his good attributes on his head. He is a man I respect a lot.

    What informed your decision to later return to school to study Law?

    It was much later, I think between the late 80 and the early 90s, that the interest in Law started coming up. I had lawyer friends and I saw how lawyers were being respected in the society. I also saw how they marshalled their points when their opinions were sought on issues. I saw that they did not want the less-privileged to be cheated because they believe so much in fairness and equity. They believe that the downtrodden should not be further pressed down because law itself is essentially designed to defend the rights of the less-privileged. I saw all this and I started feeling that I missed a great opportunity at ABU. Some of my mates had even become state attorneys-general by the time I went back for it. It was like the rejected stone becoming the head of the corner. It is better late than never.

    Which aspect of Law is your specialty?

    My specialty, in all honesty, is corporate law. It is the business part of law. Of course, if there is any case that has to do with litigation, my colleagues in the chamber can always handle it.

  • Rule of law, others key to pension reform in Africa

    Rule of law, others key to pension reform in Africa

    A favourable business and investment climate that include effective enforcement of rule of law, creation of predictable, stable, transparent, fair and reliable business regulation and supervision by African governments will boost reform and development in the continent’s pension systems, a report on West Africa Pension System has shown.

    The report was unveiled during the pension summit in Abuja by Director of Regulations, National Pensions Regulatory Authority (NPRA) Ghana, Ernest Amartey-Vondee during a presentation on ‘Reform and Developments in African Pension Systems (Regional Report for West Africa)’. It analysed features of West African region Pension Scheme of Nigeria, Ghana, Sierra Leone, Liberia and Gambia.

    The report, which highlighted features of West African National Pension Schemes, analysed other ways to develop pension system in the continent. African government, it said, must promote an effective framework for fair competition and sound corporate governance while investment opportunities should enable the pension fund to earn returns commensurate to the risks they take.

    On the way forward for Africa pensions, the report said there is need for operational autonomy and financial independence for pension regulators.

    There must also be provision of resources, including adequate financial, human and other resources for pension regulators, while vigorous efforts should be put in place to extend coverage for pensions to the large informal sector of the economy.

    According to the report, there is need for consistent training for private sector pension service providers; for instance, custody services, effective pension fund management, to enhance skills for Trusteeship and the formation of an Association of Pension Regulators in West Africa to share experiences and ideas on effective pension’s regulation.

    It was, however, envisaged that the various pension reforms would enhance pension benefits and increase retirement income security for both formal and informal sector workers.

    The report further read: “The reform is expected to potentially make available a large pool of long-term funds for investment in the economy, and consequently lead to national economic development.

    “Effective supervision of pension funds is becoming ever more important and even more complex, and the Pension Regulators must be appropriately and adequately resourced to carry out its mandate effectively. A congenial investment environment must be also created by policymakers to make long-term investments by pension funds attractive, and also thrive.”

    Based on general observation of the report, pension funds, due to the long-term nature of their liabilities, represent a potentially major source of long-term financing, even for illiquid assets such as infrastructure, SME financing, among others, leading to sustainable growth.

    As a result of their immense size, pension funds investment decisions have a major influence on the financial markets. The funds in their investment efforts, look for long-term, inflation-protected returns.

    Pension fund asset management is based on the fundamental objective of ensuring that investment is undertaken in accordance with the principles of security, profitability; liquidity; diversification and asset-liability matching.

    Broad policy framework and conditions that are favourable to long-term investment financing by pension funds include that any operating policy must be consistent with the best interest of the pension scheme members and beneficiaries; such policies must help achieve certain important goals such as job creation, higher living standards, and sustainable economic development while the policies must be consistent with the usual financial regulation.

    The objectives must ensure security of assets, quality of investment assets, liquidity; profitability of the investments and diversification of the portfolio as a whole

    Policy makers at the governmental level should ensure stable macroeconomic conditions, maintenance of credible monetary policies; maintenance of healthy fiscal policies and sound financial sector regulatory environment.

  • Ex-envoy for law conference

    International law and security experts, political scientists and diplomats will gather in Lagos next Wednesday and Thursday for the 39th annual conference of the Nigeria Society of International Law (NSIL).

    The conference, with the theme: International law extremism, will take place at the Nigeria Institute of International Affairs, Victoria Island, Lagos.

    The programme, according to NSIL, will be opened by Lagos State Governor Akinwunmi Ambode.

    The keynote address will be delivered by former Nigerian Ambassador to Australia Ayo Olukanni.

    Other agenda include international law; terrorism and insurgency; the problem of insurgency as a challenge to the Nigerian sovereignty: Boko Haram as case study and the sub-regional dimension of BokoHaram terror activities and possible application of international law to combat the problem, among others.

  • USAID roots for law on Fistula repair

    USAID roots for law on Fistula repair

    Over 12,000 Fistula cases are recorded yearly. Many are wrongly repaired, leaving the patients in a lifelong trauma. But the United States Agency for International Development (USAID) through its Fistula Care Plus project is advocating standardised treatment for patients. Oyeyemi Gbenga-Mustapha writes.

    To ensure standard treatment for fistula, the United States Agency for International Development (USAID) is advocating that only specialists should handle patients. USAID is campaigning for expert treatment in the wake  of many patients’s fistula being repaired wrongly, leaving them with more complications.

    USAID Fistula Care Plus Project Manager, Dr Habibu Sadauki, said Vesico-Vagina Fistula (VVF) remains a condition with devastating physical and social consequences for the patient. “Its successful management poses a significant challenge. Quick and accurate diagnosis is essential. Timely repair by an experienced fistula surgeon, adhering to fastidious basic surgical principles, will improve outcomes and limit the clinical insult and distress that a patient is caused,” he said.

    Sadauki added: “For instance, Vesicovaginal Fistula (VVF) formation represents a condition with devastating consequences for the patient and continues to pose a significant challenge to the surgeon. Quick and accurate diagnosis, followed by timely repair is essential to the successful management of these cases. A thorough understanding of the pathophysiology and anatomy of the fistula, potential factors that may compromise healing and experience in the fundamental principles of fistula repair are the vital tools of the fistula surgeon. Not many people are trained in this specialty. Many patients, we discovered, have been ‘repaired’ but they still end up on our tables, during ‘the Pool Effort’ we carry out in the geopolitical zones because they are unprofessionally repaired. It is like a waste of time and inflicting more injury to the Fistula patients.”

    ‘Pool Effort’, is done by Fistula Care Plus to bring together people living with Fistula, for professional repairs, provision of consumables, allowances as well as other theatre materials needed for the surgeries amongst others to collaborating hospitals, in the sites/centres, in the geo political zones.

    A former Commissioner of Health in Zamfara State and certified doctors trainer on fistula repairs, Dr Sa’ad Idri, said the motion by the USAID Fistula Care Plus project to sponsor a bill that will ensure the passage of law forbidding non VVF repair specialists from carrying out any surgical repair for VVF patients nationwide is in order.

    Idris said: “Regardless of the technique used and the timing of surgery, the principles that underpin Fistula repair remain the same. The repair should be tension-free, watertight and uninfected. The tissues at the site of the repair should be healthy and a well-vascularized interposition flap should be used if required. For instance, the first attempt at VVF repair has the highest chance of success, making it imperative that surgery is well planned and performed by a surgeon skilled in fistula repair. But for pecuniary gains, we find out that medics not trained in fistula repair carry out same on patient, leaving her more damaged.”

    He said VVF repair can be approached transvaginally (through the vagina), transabdominally (across the abdominal wall), or in a combined approach if necessary.

    “The transvaginal approach offers a lower complication rate and a shorter post-operative recovery. The transabdominal route is preferred when the fistula site cannot be visualised or easily accessed per vagina, or when the VVF is complex. But anybody that is not trained in same cannot be skilled in carrying these out.”

    Meanwhile, the oldest Fistula Repair specialist in the country, Dr Ladan Hassan Warwickshire, with over five decades experience, expressed satisfaction that USAID Fistula Care Plus project is coming up with the proposal. Many patients have been discriminated at. They live perpetually in fear and self censorship. They are ostracised most of the time. Between 2007 to 2014, the USAID Fistula Care Plus project in Nigerian  had supported 9, 203 fistula repairs at 10 facilities, in partnership with federal and states ministries of health as well as women affairs ministries.

    Dr Warwickshire, a former Head at Geffe Fistula Centre, Birnin Kebbi said, “Fistula is common among young girls due to early marriage; prolong labour and harmful traditional practices. Consequences of fistula are life-shattering for the women who experience it and it leaves them with chronic incontinence, social isolation, ulcer, infections, possible paralysis or death. The Law is long overdue.”