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Tag: LAW

  • Enforcement of law on okada, tricycle begins

    Enforcement of law on okada, tricycle begins

    Are you a commercial motorcyclist (okada) or tricyclist? Do you know that you risk a three-year imprisonment and the forfeiture of your vehicle if caught riding on prohibited roads and bridges in Lagos State?

    From today, it is an offence to ride without a helmet (for bicycle riders), or to ride on unapproved roads – such as highways and bridges – as enforcement of the Traffic Law begins.

    Governor Akinwumi Ambode on June 25 gave the leadership of the two unions 21 days to educate their members on the need to leave the roads or face prosecution. The ultimatum expired last Thursday, but was extended to Tuesday because of the Sallah holidays.

    According to the law, penalty for riding against traffic or on prohibited routes is three-year imprisonment, which may be commuted to community service and the forfeiture of the vehicle.

    A Ministry of Transportation (MoT) source said the government is ready to enforce the laws and would give the unions or operators no further notice.

    He said the government is angry at the impunity with which cyclists and tricyclists flout the laws guiding their operations.

    The Police and other security agencies, he said, had been adequately briefed to begin enforcement immediately the deadline expires.

    No further awareness would be made to prevent the operators from ganging up to thwart government’s efforts,the official said.

    He said though the motorcyclists have a right to engage in legitimate business, such must be done in accordance to the law.

    He said: “Government, realising their values and contributions to the economy, had decided that rather than an outright ban of motorcycles as a means of transportation as other states have done, their operations must be restricted to 475, out of the 9,100 road networks.”

    In line with Section 3 and Regulation 16 sub-section (4), (5), and (6) of the Road Traffic Law, commercial motorcycles are restricted from 475 of the 9,100 road networks in the state and must always wear standard crash protection helmet, and ensure same for his passenger.

    They are also banned from carrying more than one passenger, children or pregnant women. They must not operate okada beyond 8pm in Victoria Island, Ikoyi and Ikeja and beyond 10pm in other areas of the state.

    They are also barred from riding on the kerb, median or road setbacks or on opposite direction of traffic, or in any direction prohibited by law and to respect traffic laws and regulations.

  • Gravitas Review: A guide to law and policy evaluation

    Let it be stated from onset that as a vehicle for academic and legal scholarship, the law review journals have long been known to be critical and central to the development of law in most jurisdictions. The purpose of law review publications is the detailed and comprehensive treatment of various topical issues in law, ranging from the interrogation of a legal principle, a statutory provision, some judicial decision, a proposed or a piece of legislation, to book reviews. The categories of subject matter open for review are not closed, except, of course, where the journal specifies by itself the ambit of its thematic focus.

    The Gravitas Review of Business and Property Law, simply known as the Gravitas Review is a journal that has just returned to hold its place in the corpus of Nigerian legal publications. A return because according to the Managing Editor ‘The Gravitas Review was an influential law journal in the late 1980s and early 1990s. It unfortunately ceased publication in the mix of socio-political crisis of 1993’.

    A law journal is made by the quality and content of its text and volumes. The Gravitas Review has aimed to be at the very top with an editorial team and board of advisers made up of some of the finest legal minds within Nigeria and elsewhere in the globe. The journal seeks ‘to be that quality business law journal from Nigeria publishing well researched articles on energy law, corporate law, international commercial transactions, economic crimes and sanctions, capital market and securities, maritime, taxation, tourism, project finance, land transactions and intellectual property among others’. Doubtless, this commitment to top quality has been demonstrated with the inaugural edition, the March 2015 Volume 6 No. 1 which dealt with various topical issues in business and property law.

    Under Intellectual Property, is the piece on page 1 titled: ‘Role of the Court in the Interpretation and Development of Intellectual Property Law: The Nigerian experience’by Prof Adebambo Adewopo. According to the writer ‘The role of the court in the interpretation and development of Intellectual Property (IP) law is, undoubtedly, pertinent and significant in the dynamics of IP law and practice in the country’. In the piece we find an examination of the classical role of courts regardless of the jurisprudential schools of thought, be they natural, normative or of the positive schools. That is to say, in the exercise of the judicial powers of the court, three things are obvious- courts are responsible for adjudication, courts decisions creates precedents and rule order particularly in the Common law and even the Continental civil law system, finally as we find from the writer, courts are more able ‘to discover and give effect to the underlying policy and legislative intendment of the overall purpose of law.’

    Despite having the first IP legislation received in 1900 known as the Trade Mark Proclamation of 1900, how has the courts fared with several other regulations and laws on IP having regards to legal issues in Patents, Copyrights, Trademark protection and enforcement? The writer posits that there is not much to cheer yet. In a country experiencing an upsurge of talent and creativity among the youths and other segment of the population, in the arts, music and sciences, the need to protect intellectual property of individual and groups cannot be overstated. A number of cases were examined such as Microsoft Corp. v Frankie (2005), Omnia v Dykrade (2003), Ferodo v Ibeto (2007) whose positions were not so helpful, but the writer is of the view that MCSN v Adeokin (2007) and Compact Disc Technologies Ltd v MCSN (2008) clearly defines the role of courts as well as provide the authority ‘for the legal status of collecting societies as owner, assignee and exclusive licencee of copyright under the Copyright Act.

    In the case of Company Law and Practice Enwanta Ehigiato in page 19 offered an equally engaging piece ‘Mandatory Incorporation of Foreign Companies in Nigeria: Some Legal Considerations’. In looking at the regulatory regime of companies law and practice under the CAMA, the writer sought to put in context and interpret the expression ‘carrying on business’ as it applies to local and foreign companies. This is analysed within the specifics of the provisions of Section 54 of the CAMA which makes it mandatory for any foreign company wishing to, or doing business already at the time of enactment of the legislation to be registered. Nonetheless, by virtue of section 60(b) of CAMA as noted by the writer, the foreign company can sue and be sued. This provision is important for international commerce and trade in a globalised economy, a point well captured by the cited case per Pats-Acholonu JCA in Watanmal (Singapore) Ltd v Liz Olofin & Co Ltd (1981). There are also exemptions to the mandatory incorporation rule in section 54 to be found in section 56(1). In the comparative examination of the laws and practices in the United Kingdom and Australia, the judicial positions suggest that the meaning attached to ‘carrying on business’ will depend on regular and repetitive business or having a place of business. Same position with Nigeria, except that a nation eager to be open and attractive for foreign investment must prove less stringent in the regulatory regime for foreign positive business interests.

    The third article on Labour Law by Professor Joseph Abugu titled: ‘Nearly Always, A Strike or Lock Out is Unlawful in Nigeria’. The writer set the tone of the piece clearly thus ‘The right to strike is a keystone of modern democratic society. No society, which lacks that right, can be democratic. Any society which seeks to become democratic must secure that right.’Following this point, the writer further states that the right of employees to strike hinges on the power of each individual to terminate his or her employment by giving notice. If there is a right to strike and many grand judicial and scholarly expositions hold that view, how does the exercise of that right become unlawful in Nigeria?

    This point is at the very heart of the writer’s focus since the 1999 Constitution recognises the freedom of movement and association. In Statutory Constraints, he enumerates and restates the scheme of rigid regulations through several decrees or laws, majorly under the military regime requiring the consent of the Inspector General of the Police, of the Chief of Staff Supreme Headquarters or the Military Command. Laws such as Trade Union Act, Trade Disputes Act, Trade Dispute Essential Services Act, Trade Disputes Emergency Provision, Decree 21, etc capture aspects of the statutory constraints. There are also categories of employees totally prohibited from strike, as those in the Armed Forces and Police, Customs, Prisons, CBN, etc called essential services. If downing tools by way of strike is deemed unlawful what is the consideration for employers Lockout of employees? The writer is of the view, and rightly so, that it is unlawful. There are immunities for the protection of union leaders and their members as provided in sections 24 and 44 Trade Union Act 1973. The Nigerian experience as stated by the writer finally is that though unlawful, strike as a weapon in the hands of workers continued to be utilised for bargaining and negotiating.

    In page 44, the title under Arbitration section is the piece is ‘The Lagos State Arbitration Law and The Doctrine of Covering The Field: A Review’by Abdulrazaq Adelodun Daibu. The writer makes the point about the critical importance of Arbitration as well as other Alternative Dispute Resolution (ADR) mechanisms to serve the interest of persons in the industrial, trading and commercial hub of Nigeria which is Lagos as a city and state. Covering the field refers to the situation in which a piece of legislation has dealt with the entire content and jurisdictional ambit of its subject matter typically in a federation and a conflict arises when a state within the federation enacts a similar law. Most Constitutions recognise the superiority of the laws of the central authority over those of the states in a federation and where the two conflicts, the central law prevails or even invalidates the other. This is more so where the matter is either in the exclusive list to the central government or the shared concurrent list. This is the point in the case cited by the writer per Fatai-Williams CJN in AG Ogun State v AG Federation (1982). What then is to be made of the Lagos State Arbitration Law, that is to say, can it be deemed invalid in the light of the dictum of the former CJN about invalidating a similar law at the time by Ogun State to an existing Federal Law? The writer boldly concludes that Lagos State Arbitration Law must be amended to survive the doctrine of covering the field.

    The fifth article is titled: ‘A Critical Analysis of the Excess Dividend Rule in Nigeria: Oando Plc v FIRS (Oando IV) Revisited’. This piece is on page 55 under the Taxation section and it reviews the Excess Dividends Tax (EDT) contained in section 19 of the Nigerian Companies Income Tax Act (CITA) 2004. This legislation seeks to control tax avoidance by corporate entities by taxing excess dividends. Excess dividends simply refers to that which is retained by companies for its own expansion or operational purposes. How appropriate is this scheme of taxation? The writer sought to engage with three models which are, the American model, the Taiwo Oyedele’s model and the Canadian model. The key point against the EDT is that it amounts to double taxation. If the promptings for taxing Excess Dividend in Nigeria is because it is an obvious or disguised attempt to shortchange the state through tax evasion, this point had long been settled as a legal principle in the opinion quoted in the piece of Justice Learned Hand ‘Anyone may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the treasury; there’s not even a patriotic duty to increase one’s taxes.’

    This may be the point, yet there is the need to proscribe tax avoidance and tax evasion as the writer put it with laws referred to as General Anti-Avoidance Rule (GAAR). The core issue is that the Oando IV case continues to reinforce a cycle of double taxation and such a rule of tax practice may not be the best for tax administration. We find finally that the American model does not impose EDT but will tax all distributions; Oyedele’s model shields all previously taxed incomes and gains from further taxation, finally the Canadian model under s 83(2) of the Income Tax Act recognises the payment of tax free capital dividends to shareholders of Canadian private corporations.

    On page 75 Prof. Nnabue USF and Onyema Otitodiri both lecturers at Imo State University Law Faculty had the article under International Investments titled: ‘Enforcement of International Custom on Expropriation of Foreign Properties and the Plight of Developing Countries’. From the background of sources of international law enshrined in Article 38(1) Statute of International Court of Justice, the writers stated that the ‘rationale for expropriation is based on the doctrine of economic sovereignty which in turn is derivable from the principle of economic self-determination. This is to say that states have the inalienable right to determine both their economic system and future without interference by or reference to another state or group of states’. How can this postulation withstand the trend in a globalised world of mutuality and economic interdependency?

    The writers here seek to hold aloft the concept of sovereignty as an inviolable answer. The basis for lawful expropriations as the writers enumerated are clear- public purpose, non-discriminatory, based on due process and followed by compensation. There is a strong sense in this except that hegemons dictate the pace of things in international law. Vested rights and Acquired rights become the predominant consideration at the expense of the rights of developing nations. Vagts D.F. made this point early in 2001 “Hegemonic International Law (Am. J. Int. Law) contending that ‘In the scholarship of international relations, power has been the central object of study, that no law graces the hegemons universe’.

    This edition concludes with a Book Review section on page 83. A review by Dr Wale Olawoyin, SAN of Principles of Corporate Law in Nigeria a book by Professor Joseph Abugu. The reviewer informs on the essential aspects of this 18 chapter, 821 pages book that looked into the evolution and structure of the corporation, protection of stakeholders against corporate maladministration, corporate governance issues and corporate insolvency.

    In all, the Gravitas Review offers a rich package and anyone interested in legal scholarship and enquiry will hold this copy and others to follow as a major resource material for practice and academic purposes. Legal practitioners, Lecturers, students and top state officials will immediately find the journal a veritable guide in law and policy evaluation.

  • Law underway to help families of late political heroes, says Sani

    Law underway to help families of late political heroes, says Sani

    A legislation design to properly take care of families of the nation’s late political heroes will soon be proposed at the National Assembly.

    The Senator representing Kaduna Central, Shehu Sani, said this when he visited the families of late Malam Aminu Kano, former governor of Kano State, late Sabo Bakinzuwo and Alhaji Mudi Sipikin in Kano yesterday.

    The families of the heroes, he said, were “abandoned and nothing was done for them to show appreciation on the contributions they made” for the nation’s political development.

    “I feel mandated to come here and pay my respect to the bases of our political foundation. As a child, I have always looked forward to emulating politics with ideology, sincerity and unity, which these people taught us.

    “They have lived simple and straight lives that have shaped our political trend. Unfortunately, these people are only remembered in words and not in actions. Their families were left to fate. This we will not allow and we will ensure that we have enact laws that will find these families and do something about their plight,”  Sani said.

    The families he visited expressed their appreciation over the intention of the senator.

    Bakinzuwo was a governor in Kano for three months during the Second Republic in 1983, and Sipikin was one of the seven politicians, who formed the defunct Northern Elements Progressive Union (NEPU).

  • That law may not obstruct change

    The Law has not been spectacularly impressive in giving vent to Nigerian people’s yearnings for progress over the years. In a way, law itself had, unfortunately, undermined the goals of equality, true federalism, self-determination, economic progress, electoral liberty and the well-being of Nigerians at various turnings.

    But now that the new administration is attempting to set a new agenda to reverse decades-old decadence in Nigeria, the Legal Order, especially its law- making and law interpretation foots of the Tripod, must immediately awaken to the reality of the changing times. Except the law’s complicity is curtailed; and the Legal Order consequently rise firmly to align with the progressive agenda being set by the new administration, justice will remain a merely theoretical rather than a felt aspiration in Nigeria.

    To an appreciable extent, the people of Nigeria, and the rest of the world, look to Nigeria’s newly inaugurated administration with a good dose of justified optimism. The President’s Inaugural speech, and the tone of conviction evident in the manner of delivery, gives greater hope that a leadership sincerely committed to halting Nigeria’s decline, and re-inventing its progressive rise, is probably here. Many hope the era of meaningful ‘change’, away from the malfunctioning that had defined Nigeria for decades, has come. Some have, understandably, called for cautious hope, but theirs is also an expression of ‘hope’, however cautious.

    But will what has happened in Nigeria’s electoral space that saw a rejection of the old order, engender ‘changes’ of a scale never before seen in the country; or will it merely bring minimalist improvements incapable of ending the misery that has unjustifiably dotted the Nigerian inhumane space for decades?

    Well, it depends first on the availability and clear articulation of a robust socio-political and economic vision to be fiercely driven by the personal moral authority and intellectual depth of the leadership. Next, among other variables, is the question of how far law would be adroitly remodelled to become progressively unified with the dynamics of the said robust socio-political and economic vision.

    Unfortunately, the Law has not been spectacularly impressive in giving vent to Nigerian people’s yearnings for progress over the years. Law, be it in form of decrees, statutes, the constitution or judicial interpretations that advertently legitimise inequality, corruption and electoral injustices, cannot be absolved of complicity in the avoidable under-development of Nigeria over the years. In some poorly veiled ways, Law itself had unfortunately undermined the goals of equality, true federalism, self-determination, economic progress, electoral liberty and the overall well being of the people of Nigeria at various turnings.

    With its absurd unitarist scope, though falsely called Federalist, the Constitution and some fundamental laws purporting to derive authority from it, appear to have been deliberately designed to deny the attainment and experience of social justice, a sense of equality, economic liberty, self-determination, competitive growth, true federalism and prosperity to majority of the citizens. The complicit role, of a burdensome unitarist Constitution; and some fundamental laws deriving from it, have long provided fortresses from which Institutions of state, and actors within them, ‘legitimately’ perpetuate injustices against citizens’ rights to dignified life, economic development, self-determination, equal opportunity, freedom from discrimination, electoral liberty, true federalism etc. Ultimately, the Constitution will have to fundamentally change to significantly re-mould Nigeria into the truly federal nation it ought to have been over decades. The law-making foot of the Legal Order must not be allowed to stand in the way of such fundamental changes that sooner than later must take place.

    Though not conclusive of all that needs to be fundamentally fixed in Nigeria, the issues already identified in the President’s Inaugural speech would need an ideologically sturdy and well retooled Legal Order for them to get sustainable resolutions.

    But except the law’s complicity is curtailed; and the Legal Order consequently rise firmly to align with the progressive agenda being set by the new administration, justice will remain a merely theoretical rather than a felt aspiration in Nigeria. In what may well turn out to be an epic battle between an existing old order and, hopefully, an emergent new one, the Law cannot afford any complacent neutrality.

    The Legal Order must radically and sustainably harmonise its tripod branches of Law-making, law enforcement and law-interpretation towards ensuring the attainment of genuine unbiased justice, fair economic progress and the protection of the vulnerable henceforth become the key focus of law-making, enforcement and interpretation in Nigeria.  None of the tripods of the Legal Order should stand in the way of changes that must take place for the nation’s rebirth to become an incontestable reality.

    For instance, to entrench a democratic culture across all levels in Nigeria and ‘to consciously work the democratic process’ as the President has indicated, among other agendas, requires that the democratic space at all levels of governance, including the civil and professional societies, be opened. A good starting point is to henceforth halt the aberrations which have made local governments retarded appendages of undemocratic governors over the years. To help the administration ‘work the democratic process’ as it has indicated, the local governments must be freed from the chains of authoritarianism which have robbed Nigerians the opportunity to legitimately choose their Leaders at the local levels of governance.

    The law would be conniving to work against the democratic process if governors are allowed to continue pocketing the local governments. The condescending practices of governors, such as the unbridled penchant for disallowing periodic, transparent and definitive Local Government Elections across the states while preferring to unilaterally appoint stooges to lord over the people at the local levels must be halted, by Law. Such condescending practices emboldened governors to openly violate the Constitution by appointing so-called Caretaker Chairmen for local governments and also creating all sorts of dubious subversive mechanisms, to starve and control the funds constitutionally meant for local governments thereby stalling meaningful governance at the Local Level.

    The law must now be clear, and decisive, on the status of the local government as an autonomous tier of government that deserves to hold periodic elections in which the people of the respective localities determine who leads them, and how; contrary to the current atrocious practices of self-righteous governors denying people in the localities their basic democratic rights to legitimately choose their leaders.

    The law would also not be ‘working the democratic process’ if it continues to fail to decisively halt the current subversive practice which somewhat permits political parties to fail to hold party primaries to ensure party members, and party members alone, determine who flies their parties’ flags at elections. Working the democratic process does not start at general elections. It begins with the existence of a virile civil society and a transparent process of ensuring accountability in governance through making clearance to contest elective positions determinable by ordinary party members, and not some incoherent patronage system as currently obtains.

  • Ahmed signs four bills into law

    Kwara State Governor Abdulfatah Ahmed has signed four bills into law.

    He pledged to redouble his efforts to improve the people’s welfare.

    The new laws are: A Law to Amend the Environmental Sanitation Law, A Law to Repeal the Kwara State Transport Corporation, A Law to Amend the Cooperative Societies Law and A Law to Amend the Kwara State Debt Securities Issuance Law.

    Ahmed said he would initiate and implement initiatives to ensure good governance.

    A statement by his Senior Special Assistant on Media and Communication, Dr. Muideen Akorede, said the governor acknowledged the challenges confronting the state, following dwindling allocation from the Federal Government.

    The statement said the governor assured that he would work hard to cushion the effect of the poor national economy on the populace.

    Ahmed urged the people to support his administration to develop the state, stressing that all hands must be on deck to create a prosperous Kwara for the benefit of all.

    The governor said although his administration had no intention to impose fresh taxes, efforts would be made towards efficient revenue collection to raise funds for his people-oriented projects.

    These projects, according to him, include 100 megawatt Independent Power Project, 2,000 classrooms, remodelling of five general hospitals and the implementation of new water projects.

  • WHO urges Nigeria to ratify law against tobacco

    WHO urges Nigeria to ratify law against tobacco

    The World Health Organisation (WHO) has advised the Federal Government to expedite action in ratifying the United Nations Protocol to eliminate the illicit trade in tobacco products.

    The Coordinator of WHO in Lagos, Dr Sunday Abidoye, made the call in Lagos at an event organised by the UN Information Centre (UNIC), the Nigeria Heart Foundation and the UN Association of Nigeria.

    The event, organised to commemorate the World No Tobacco Day, had as its theme: “Stop Illicit Trade of Tobacco Products”.

    Abidoye said it was not enough for Nigeria to only sign the protocol.

    “Recognising the enormity of illicit trade in tobacco products, the international community came together with a protocol to eliminate illicit trade in tobacco products.

    “To date, only 14 countries in the African region have signed the protocol and just two have ratified it. We, therefore, urge the Nigerian government to urgently join other African countries that have ratified the protocol in their countries,’’ he said.

    The WHO official said Nigeria’s domestication of the protocol would protect her from financial, legal, social and health consequences associated with the illicit trade.

    The UN Secretary-General, Mr Ban Ki-Moon, in a message presented on his behalf by UNIC Administrative Assistant, Ms Adeola Adedeji, said the trade was luring younger and poorer groups into addiction.

    Ban said the illicit trade had continued to deplete the ability of states to charge taxes that would have supported health services.

    Director of Tobacco in the Nigerian Heart Foundation,Mr. Dapo Rotifa, said advantage should be taken with the former President Goodluck Jonathan’s signing into law of the Anti-Tobacco Bill.

    According to him, the global tobacco epidemic kills about six million people yearly out of which 600,000 are non-smokers.

    A lawyer and Coordinator of the Coalition Against Tobacco, Mrs Olatoyosi Onaolapo, urged the government to increase taxation on tobacco products to discourage children from smoking.

    She called for the implementation of the ban on tobacco advertisement across the country and the government’s commitment to the enforcement of the anti-tobacco law.

    The event was attended by 40 pupils from three secondary schools in Lagos State.

    The World No Tobacco Day is observed on May 31  yearly to encourage abstinence from tobacco use and to create awareness on the negative health effects of tobacco products.

  • How to get results from oil industry via the law

    Indeed, I feel highly honoured by the invitation to review this reference book ‘Nigerian Laws, Cases and materials on Oil and Gas’ written by my friend and colleague Niyi Ayoola-Daniels  Esq.

    Perhaps before I delve into my primary assignment, I will start by sharing with you what motivated the author to embark on the publication of this book. In my discussion with Niyi sometime in 2005, he told me of an indirect challenge thrown at him by two American Investment attorneys whom he met at Columbia University Law Library on a visit to New York. These New York Attorneys requested to know if there was a one-source publication where they could obtain up-to-date information on the complete laws and regulations governing Nigeria’s oil and gas industry (upstream, midstream and downstream).

    They claimed to have contacted the Nigeria Consulate in New York and the Embassy in Washington but without any useful and positive outcome. It was upon his return to Nigeria and after our discussion during which he got to know that I was the author of the book “Petroleum Development Contracts between Nigeria and the Multinational Firms” that he decided to respond to this challenge of producing this unique book that is being  publicly presented to you here  today.

    You will all agree with me that Nigeria’s oil and gas legal regime is a specialised area of law, regulating the exploration, production and transportation of crude oil and natural gas, the supply, distribution, storage and marketing of petroleum products, as well as liquefied natural gas. As diverse as the area of coverage, so diverse is the legal regime governing same in the form of statutes, cases, subsidiary legislations and regulations.

    In other words, there has been no one one-stop compendium containing all these laws and cases until now. This is what makes this book unique. The book is unique in the sense that unlike those written by earlier scholars and experts in the field, it goes one step further. It is a one-stop digest of Nigeria ’s oil and gas laws, regulations, relevant cases, materials and commentary and is therefore a welcome addition to the existing works on the subject. Indeed, the book covers laws governing the entire legal regime regulating the upstream, midstream and downstream operators of Nigeria ’s petroleum and natural gas industry.

    In content and form, the book is broadly divided into two volumes. Volume One is composed of five parts whereas volume 2 comprises 11 parts. The work is published in loose leaf form which covers the 16 parts and gives complete outline, comments and indexes to all the laws, statutory instruments and judicial decisions. Almost all oil and gas cases decided by Nigerian courts are adumbrated in this work and their relevance highlighted. One great advantage of this loose leaf format adopted by the author is that new changes or amendments in the laws or statutory instruments affecting Nigeria ’s oil and gas industry can easily be incorporated into the pertinent sections of this work by the user. I understand the author will periodically publish updates of the new laws, amendments of statutes, cases and other materials and make them available to subscribers. These updates will then be periodically inserted into this work by the user and the old or outdated ones removed.

     

    Legal framework for Fed. Govt ownership of oil and gas resources, including exploration and production rights available to investors

     

    Part 1 deals with laws and regulations governing Federal Government ownership of oil and gas resources in Nigeria . This part also captures the judicial interpretation of Federal ownership of oil and gas resources including the extent and size of such ownership in the well known “Resource Control” case involving the A.G Federation V A.G Abia State (N0. 2) (2002) 6 N.W.L.R Part 764 pages 542-905, ET this case, the Supreme Court interpreted many oil and gas issues including the determination of the seaward boundary of a littoral state within the federation of Nigeria for the purpose of computing the revenue accruing to the Federation Account directly from oil and gas resources in those littoral states

     

    Legal framework for evacuation and transportation of Nigerian crude from oil fields, including shipment (export/domestic)

     

    The focus of this part  is on the laws, regulations, cases and materials governing evacuation, transportation including shipping of crude oil in Nigeria from oil fields to storage tanks via Pipelines and Oil Terminals. Also covered here are the laws and regulations on transportation of crude oil by Ocean Tankers as well as Domestic Coastal and Inland Shipping (Cabotage) of crude oil and other ancillary services. The author is of a strong view that the scope and applicability of the “Cabotage” Act in Nigeria covers both upstream (domestic carriage of crude oil) and downstream (domestic carriage of  petroleum products).

     

     Legal framework for Nigeria – Sao Tome and Principe joint development of petroleum resources including exploration and production rights available to investors in the joint development zone

     

    This part focuses on the laws and regulations governing Joint Development of

    Petroleum and Natural Gas between Nigeria and Sao-Tome and Principe in areas of Exclusive Economic Zones of the two countries. Covered here are the principles of Joint Development Zone (JDZ) including the legal status of JDZ Treaty in Nigeria as well as guidelines for bidding for petroleum blocks in the JDZ and petroleum exploration and production rights available to JDZ investors.

     

    Legal framework for National participation in petroleum operations including the role of NNPC

     

    The focus of this part  is on the law governing Federal Government’s direct participation in Petroleum and Natural Gas operation in Nigeria especially the role of Nigerian National Petroleum Corporation (NNPC). Here the Laws that brought about the acquisition by NNPC of all shares, rights including petroleum exploration rights formerly held by Shell British Petroleum Company Limited

     

     

    Legal framework for petrolem profits taxation and other taxation in Nigeria including royalties and fiscal incentives

     

    This part   covers the law on taxation of companies engaged in upstream petroleum operations (Petroleum Profits Tax Act). This Act contrast sharply with Companies Income Tax Act as amended, which is a law regulating taxation of companies engaged in downstream oil and gas operations (marketing, distribution and sales of petroleum products and natural gas). This part highlights more than 30 headings regarding petroleum profits tax issues including their judicial interpretation. Of special note here are the decisions of the Supreme court of Nigeria in Shell Petroleum Development Company Limited V. Federal Board of Inland Revenue (1996) 8 N.W.L.R Part 466 page 256 on meaning of ‘Petr0leum Profits Tax’ and ‘Petroleum operations’ and Gulf Oil Company Limited V. Federal Board of Inland Revenue (1997) 7 N.W.L.R Part 514 page 535 on

    computation of‘ chargeable tax payable under Petroleum Profits Tax Act. Also discussed in this part is the Court of Appeal decision in Texaco Overseas Nigeria Petroleum Company V. F.B.I.R (1997) 4 N.W.L.R Part 501 pages 511.

     

    Legal framework for natural gas development and utilisation in Nigeria, including the West African gas pipeline project.

     

    The theme of part six is Natural Gas Development and Utilisation (upstream). And since the proposed law on downstream gas operations in Nigeria is still a bill awaiting passage in the National Assembly, downstream gas operations is not discussed in this work. It is in this part that the West African Gas Pipeline Project Act and Regulations are covered including the legal status of West African Gas Pipeline Project.

     

    Legal framework for downstream petroleum sector covering supply, distribution, storage and

    marketing of petroleum products

     

    The focus of part seven is on the laws and regulations governing downstream petroleum sector in Nigeria , (excluding gas). This part covers the legal framework for the supply, distribution, storage, marketing and sales of petroleum products including the laws governing the construction of Refineries, Pipelines as well as importation and exportation of petroleum products. Covered in this part also are the activities of Petroleum Products

    Pricing Regulatory Agency (PPPRA), uniform rate/prices of petroleum products including activities of Petroleum Equalization Fund (PEF) and the Petroleum (Special) Trust Fund (PTF).

     

    Legal framework for managing environmental pollution and

    spillage in Nigeria

     

    The concern of Part Eight is with the laws and regulations affecting environmental pollution and spillage in the oil and gas industry. This part covers the laws on Federal Government’s policy on National Oil Spill Contingency Plan. Also covered in this part are the laws regulating the obligation of holders of OPL and OML to adopt measures to prevent pollution of inland waters, rivers, water courses and the Territorial Waters of Nigeria, the Continental Shelf as well as the Exclusive Economic Zone.

     

    Legal framework for transparency and accountability initiative in the oil and gas industry

     

    The theme of this part is Transparency and Accountability Initiative in Oil and Gas Revenue in Nigeria including the powers of Economic and Financial Crimes Commissions (EFCC) to investigate and punish fraudulent manipulation of statement of accounts resulting in wider payment of oil and gas revenue accruable to the Federal Government.

     

    Legal framework for due process and fundamental a principles of public procurement and contract award in Nigeria ’s oil and gas industry

     

    In this part, the work here centers around the laws governing Due Process and Fundamental Principles of Public Procurement in Nigeria’s Oil and Gas Industry especially the application of Public Procurement Act 2007 to all NNPC’s procurement contracts. Also highlighted here is the applicability of Public Procurement Act of 2007 to non-government owned oil and gas enterprises which derive at least 35 per cent of funds appropriated or proposed to be appropriated for any procurement contract from the Federation share of Consolidated Revenue Fund.

     

    Legal framework for oil and gas export free zone scheme in Nigeria

     

    Here the laws and regulations governing oil and gas export free zone scheme in Nigeria is (the focus including the legal procedure for obtaining oil and gas free zone license. A covered under this part are the laws regulating health, safety and environmental matters within the oil and gas free zones.

     

    Legal framework for investment protection and guarantees

    in Nigeria ’s oil and gas industry

     

    The theme of part 12 is Investment Protection, Assurances and Guarantees for companies engaged in oil and gas activities in Nigeria . Also covered here are the laws regulating the activities and operations of Nigeria LNG. This part examines the recent decision of the Federal High Court ( Port Harcourt ) in a case involving Niger Delta Development Commission (NDDC) V. Nigeria LNG (unreported Suit No. FHC/P/CS/361/2007) over

    whether or not NDDC is entitled to receive from Nigeria LNG, 3% of the latter’s total annual budget for the years 2001, 2002, 2003 & 2004 and thereafter.

     

    Legal framework for oil and gas communities in the Niger Delta

    Part 13 focuses on Niger Delta Development Commission Act, the law regulating oil and gas community issues in the Niger Delta area of Nigeria , including its purpose, funding as well as method of rotation of the office of Chairman of the Commission.

     

      Legal framework for human resources development and capacity development in oil and gas industry

     

    The theme of Part I4 is on Human Resource Development and Capacity Building in the oil and gas industry. Here the law establishing the Petroleum Technology Development Fund (PTDF) as well as the Petroleum Training Institute (PTI) is covered in this part.

     

    Legal framework for strategic planning and survellan of oil and gas policies in Nigeria

     

    The theme on part 15 is on strategic planning, surveillance and co-ordination of National policies in oil and gas and other energy sources in Nigeria . Here the law establishing the Energy Commission of Nigeria is covered.

     

     Legal framework for the control and management of oil and gas development funds in Nigeria

     

    This is the concluding part of this work and it focuses on the Finance (Control and Management) Act which is designed to provide legal framework for the control and management of public finances and funding in Nigeria as it affects the control and management of Petroleum Technology Development Fund (PTDF), especially the mechanism for funding, budgeting and disbursement of PTDF including the oversight constitutional powers of the National Assembly as contained in sections 88 and 89 of the 1999 Constitution over PTDF.

  • Wanted: Law in traditional medicine practice

    Wanted: Law in traditional medicine practice

    Traditional medicine (TM) is crucial to health care delivery. What will be the fate of this health subsector under the incoming Muhammadu Buhari administration? Stakeholders are pushing for the passage of the TM Bill under him to standardise the practice. OYEYEMI GBENGA-MUSTAPA and WALE ADEPOJU report.

    Dean, Faculty of Pharmacy, University of Lagos (UNILAG), Prof Olukemi Odukoya said:

    First traditional Medicine Bill should be passed into Law.  The county should come up with an essential herb list like the essential drug list. And also recognise traditional medicine (TM) as a parallel system as done in India so that poeple will be free to access it as primary health care and thereby give the populace, a dividend of democracy by using the medicine made by the people to achieve health for the people, in other words, democratisation of the healthcare delivery system.

    A front-line Complementary and Alternative Medicine Practitioner, Prof Magnus Atilade said:

    We congratulate the All Progressives Congress (APC) for winning the presidential election, and General Muhammadu Buhari, in particular, for emerging the President elect. As stakeholders, we know the scene will change for the best for the further development of Traditional Medicine and Complementary and Alternative Medicine (CAM) in the country. To quickly assist the emerging governing government hit the ground running, I will suggest the quick passage of Traditional Medicine Bill, laying fallow with the law makers over the years.

    Nigeria is the only country in Africa where there is no bill to regulate traditional medicine. People are doing anything they like and they can call themselves traditional medicine practitioners without being queried. Some people call them native doctors but I don’’t know what that means. Traditional medicine is a bona fide medical system. All people of the world are known to have their indigenous ways of treating illnesses. We can only say no to this if we are sub-humans. Or are we not proud of our heritage?

    We want a training institution for Complimentary and Alternative Medicine (CAM). We had one before but for one reason or the other, it was alleged that it was closed. That is the Federal College of Complementary and Alternative Medicine (FEDCAM), Abuja and then the one in Lagos was also shut. This is a bad omen for the country because complementary and alternative medicine is recognised all over the world. It is a viable option for people to maintain their health status. It is also good in the consideration of wellness. Therefore, it is being practiced and is well-recognised. For these reasons, we consider it a contradiction for a government to recognise something and create space for it and yet it doesn’t have a training system for it. This makes people to travel abroad to specialise in the profession. That is disgraceful. It is an optimum priority for government to look into this. The administration of General Buhari should open the schools with immediate effect, after his swearing in. Presently, the instruments and equipments are wasting away in Abuja. Now, the structures should be put in place for it to support the health benefits of Nigerians.

    On the other hand, traditional medicine has been recognised in all countries of the world, there are no people that God created that do not have their own ways of traditional medicine/healing. The question is, are we saying Africans do not have a heritage. Nigeria is a signatory to the convention In the United Nations (UN) and as such agreed to the domestication protocol that traditional medicine should be developed further to support orthodox medicine. Traditional medicine practitioners exist and there is nothing any government can do to suppress it because Western (Orthodox) medicine and all other foreign medicines can never take care of all people in a country. Hospitals should be able to accommodate traditional and herbal medicine practitioners. Let a sick person be able to choose the way he/she wants to be treated, in a hospital.

    Why can’t there be a bill to regulate the practice? That is why wrong things are being done daily. Similarly, wrong ways are being practiced because there are no regulatory policies. It is a shame to high heavens that Nigeria cannot honour the agreement she signed to at the World Health Organisation (WHO) convention on Traditional Medicine, by domesticating same. Our recommendations is that the Federal Government should look at the stage our complementary and alternative medicine is and engage experts in that field to take it from there so that the college can be opened and training can commenced.

    The Nigeria Association of Traditional Medicine Practitioners (NANTMP) should be recognised and supported by the Federal government. NANTMP should be registered to regulate the practice of traditional medicine. Then the bill should be passed to ensure that no Dick and Harry parade themselves as traditional medicine practitioners.

     The Chairman, Lagos State Traditional Medicine Board, Dr Bunmi Omoseyindemi, said:

    The main agenda is to institutionalise traditional medicine in the National Health System through implementation of traditional medicine policy prepared in 2007 with technical assistance of the World Health Organisation. With that everything will fall in place and the National Health Bill of 2014 can effectively implemented.

    The Director of Pax Herbal Clinic and Research Laboratories, Ewu, Edo State, Fr. Anselm Adodo, said:

    Africa’s disease burden is growing rapidly. To ignore the potential of traditional health care is to omit   a part of the solution.  Indigenous African medicine can bring affordable remedies within reach of millions who are unable to access orthodox care due to its cost or distance. It  also  provides  an alternative for those  who prefer, for  many reasons, to  be  treated in a more culturally sympathetic  and familiar way. While Paxherbals provides an example of what can be achieved from thebottom up by modernising product development and supply; facilitation and regulation are the preserve of government. Nigeria could have a thriving, home grown traditional pharmaceutical industry in the near future.  The missing  ingredient is the   active support of the federal government,   which sets policy. And Nigeria’s 36 states, which are responsible for regulation and technical backing for primary health care services.  The issue is less about funding than about political will and providing creative leadership to make room for traditional care; and about changing perceptions in a sometimes resistant mainstream health system. This is not a pipe dream because again, Ghana has shown what is possible.

    In 2016, to celebrate the 20th anniversary of Paxherbals, we will invite government officials to visit Ewu. We want to convincethem that herbal medicine should be a part of the health care system in Nigeria. Of course, the government will want to takecomplete charge of the whole system. They will think that the best way to integrate orthodox and traditional health careis to place indigenous medicine under the   umbrella of the   mainstream, Western system. This would be the wrong approach. Indigenous medicine is grounded in a different philosophy and culture, a different concept of the human being. Orthodox andtraditional medicine can, and do,   co-exist as independent partners. They should learn from each other. Paxherbals will strive for”collaborati” rather than “integration”. We also want to show government officials how a local enterprise, embedded within the community and based on indigenous knowledge, can flourish and deliver community-wide benefits. It has always been my belief that you   must first demonstrate what is possible, if you   want your model to be recognised as successful and emulated. That   is what we have done at Paxherbals fortwo decades. It is a model that works. We need thousands more similar enterprises in rural Nigeria to provide job opportunities andhope for young Nigerians.

    The Chief Executive Officer (CEO), Health Forever Limited, Otunba Olajuwon Okubena, said:

    As a matter of priority, the President-elect should submit an executive bill to the National Assembly to establish the law to regulate and promote traditional medicine in Nigeria in compliance with the treaty signed at Lusaka by all heads of African States in 2001.  He should also ensure that the bill is passed within a period of three to six months. All other African countries have complied except Nigeria.

    At present, traditional medicine is being suppressed. The fractious regulations and institution, and the lack of support from the Federal Government have further negated its integration into the health care system. It is, therefore, not sufficient to recognise traditional medicine, but self-sustaining and empowered structures and a system must be provided for its effective institutionalization.

    The intention must be allowed for the development and enrichment of traditional medicine as a system in the sector, equal in status to allopathic medicine as it is in China and India, and more recently, South Africa.

    Nigeria, as a member of the African Union (AU) and one of the economic giants of Africa, should have led the way in the implementation of the World Health Organisation  (WHO) Regional office for Africa and WHO Regional Office for the Eastern Mediterranean (EMRO) tools, especially because it has a thriving traditional medicine industry.  Traditional practitioners, going by WHO statistics, are treating up to 120 million Nigerians. Yet, there is no functional school or teaching hospital where the medicines used by these practitioners can be scientifically assembled, documented and taught for present and future generations.

    Plan of action

    In July 2001, during the summit of the AU Heads of State and Governments held in Lusaka, Zambia, the AU Decade for African Traditional Medicine was declared to cover 2001 to 2010.  WHO/AFRO provided technical support to AU and member states during the declaration of the Decade.

    The decision is crucial to the political recognition of African Traditional Medicine and signifies tremendous support for its rational development, improvement and integration into public health care system in the region.

    Also, the adoption of national policy on access to biodiversity and protection of traditional medical knowledge (AU Model Law); establishment of centres of excellence/WHO collaborating centres for research and development of traditional medicines used for the treatment of priority diseases; creation of enabling political, economic and regulatory environment for the development of local production and for cultivation and conservation of medicinal and aromatic plants; promotion of laboratory and clinical evaluation, development, local production and marketing of standardised traditional medicines; registration of standardised traditional medicines in the national essential list of traditional medicines and prescription, rational use and monitoring of standardised traditional medicines in health care systems in public and private sectors.

    With the expiration of the deadline for the implementation of the AU resolution, most African countries have complied. A visit to Ghana would confirm that traditional medicine clinics and hospitals are operating with the allopathic counterparts and citizens have a choice of what health facilities to use as had been the practice in China, India and Japan for centuries.  Unfortunately, there is no evidence of traditional medicine practice in Nigeria.

    This is a violation of the treaty signed in 2001 by African heads of state. For over 10 years, Nigeria has not established a framework for this project and in technical terms, the practice of herbal medicine is not supported by law.

    Chairman, National Association of Nigeria Traditional Medicine Practitioners (NANTMP), Lagos State, Dr Akande Yekini said:  The Federal Government should pass the Traditional Medicine Bill presently before the National Assembly. The incoming government should give traditional medicine equal chances like the orthodox medicine. Priority should be given to the training and development of traditional medicine to support the country’s ailing health sector. State governments should be mandated to have their boards of traditional medicine to hasten its development.

    Similarly, the National Agency for Food and Drug Administration and Control (NAFDAC) should help traditional medicine practitioners have their own factory for the local production of herbal drugs.

    The agency should also ease the process of registration of herbal products.

    A Traditional Birth Attendant (TBA), Mrs Temilade Fayemi (aka Mama Metta), said:

    The World Health Organisation said traditional medicine has been used for thousands of years with great contributions made by practitioners to human health, particularly, as primary health care providers at the community level. TM/CAM has maintained its popularity worldwide. Since the 1990s, its use has surged in many developed and developing countries. Traditional Medicine is the sum total of the knowledge, skills, and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness.

    So under this new government of General Mohammadu Buhari, Traditional Medicine (TM) should be autonomous. At the moment, we are under the Ministry of Health but we deserve to have Ministry of Natural/ Traditional Health. With this we can fully develop the potentials in our sector through research and development. The orthodox medicine has restrained our practice, and as such contributed to lack of growth. The Ministry of Health does not give us a level playing ground. At state level, we need to have Commissioner for Traditional Health, so the Commissioner can present our heart desires to the government, and can further protect our rights. For example, where the Lagos State Traditional Medicine Board is located is too obscure. We need a very decent and strategic location for the board.

    TBAs have been enjoying some support from the World Health Organisation (WHO) and United Nations International Children Fund (UNICEF) but more need to be done, especially by the Federal government.

    The in-coming government should further build capacity of TBAs. There should be opportunity for research in the sector and collaboration among countries in the region. In other West African countries, traditional medicine enjoys government support but it is a different scenario in Nigeria.

    Acupuncturist Dr Bade Adewale said:

    The incoming administration should give autonomy to complementary and alternative medicine. The Association of Complementary and Alternative Medicine (NACAMA) wants a separate regulatory council. At present, the complementary and alternative medicine is under the purview of the Medical and Dental Council of Nigeria (MDCN). This, however, has not helped the growth of the practice as attention and priority are given to medical and dental practice.

    We want our own Council so that we can develop the sector.

    We have been clamouring for the Complementary and Alternative Medicine Council Nigeria (CAMCN) or the Nigerian Complimentary and Alternative Medicine Council (NCAMC) but the government is yet to accede to our demand.

    We have the 1991 decree which placed us under MDCN to be repealed. We want complementary and alternative medicine practitioners to work in Primary Health Care (PHC) centres across the country. We also want the incoming administration to provide an opportunity for practitioners to work in tertiary and secondary health facilities. The incoming government should include our practice in the Medical Curriculum of Nigeria. Also, our practice should be included in the National Health Insurance Scheme (NHIS). The proscribed Federal College of Alternative and Complimentary Medicine (FEDCAM) should be reopened immediately to allow for training of experts in complementary and alternative medicine.

    The college should be upgraded to a certificate awarding university. This is because we want to be producing more manpower locally. The country should not at this time in its development be relying on foreign training in the practice. As practitioners, we normally have to travel abroad every time to train. This should not be. We want to export our expertise abroad, the way China and Japan do.

    Also, we want the incoming administration to give Complementary and alternative medicine power to regulate the practice.

  • UNILAG Law students get tips on success

    A lawyer, Ms Seyi Bela, has advised law students to hone their skills in areas related to their course to attain career fulfilment.

    Ms Bela, who works in a law firm, Banwo and Ighodalo, gave the advice at the Law Students Society Career fair, at the University of Lagos(UNILAG). It had as theme: “What Next?”

    Ms Bela, who was the keynote speaker at the event, said: “Success is not just about what you studied in class. It is about a lot of other skills needed to become successful, like communication skills, computer skills, volunteering for internships and lots more. Do not confine yourself to the traditional wig and gown concept because you studied law.”

    The fair, which was put together by the President of the Faculty of Law Students Society, Mr Cornelius Gabriel, was the first to hold since the reinstatement of the UNILAG Students Union Government.

    The fair, which Gabriel said, was a part of the department, is designed to enlighten students about opportunities and options available to them in their field of study.

    He said: “The aim is to help them choose what field to venture into. There is time for everything – time to be a student and the period after that, where you become an ex-student and you must take responsibility. You must take this seriously if you will amount to anything in life.”

    Chief Executive Officer, Chocolate City Entertainment, Mr Audu Maikori, enlightened the students on the relevance of lawyers in the entertainment industry, while speakers from other law disciplines gave insights into the tenets of the profession.

    Mary Oke, a 400 level Law student of the faculty, said she was enlightened by the fair and would strive to grow with her new knowledge.

    A diploma student of the department, Anthonia Ochei, urged other institutions to embrace such occasions to empower fellow students.

     

  • INEC, Law and Abia guber election

    INEC, Law and Abia guber election

    SIR: Has a state Collation and Returning Officer the power to cancel election results?  In other words, is there any legal basis for INEC to organize a supplementary governorship election in Abia State on April 25?  The answers to the above questions will determine whether peace will reign in Abia State in the years ahead.

    Section 68(1) of the Electoral Act 2010 (as amended) provides that “The decision of the returning officer in any question arising from or relating to any petition proceeding under the Act, (a) Unmarked ballot paper (b) Rejected ballot papers; and (c) Declaration of scores of candidates and returns of a candidate shall be final subject to review by a tribunal or court in an election petition proceedings under this Act”.  In other words, while a returning officer can declare the scores of candidates in an election, he or she cannot cancel election results. This is the correct import of Section 68(1) of the Electoral Act.

    From the foregoing, it is safe to make the following deductions regarding the April 11, governorship election in Abia State.  The first is that the act of cancelling the election results for Obingwa, Osisioma and Isiala-Ngwa North local governments by the returning officer for the Abia State governorship election, Prof Benjamin Ozumba, including the subsequent re-instating of the earlier cancelled results, remain null and void because the said acts do not have any legal backing.  One cannot put something on nothing and expect it to hold water.  The statements by Prof. Ozumba cancelling or re-instating the election results in the three local governments at issue here were mere opinions not recognised by the Electoral Act or the 1999 constitution ( as amended).

    Flowing from the propositions above, it could be safely said that INEC’s plan to organize a supplementary governorship election in Abia State on April 25 will remain a useless or meaningless exercise because it does not have any legal or constitutional backing or basis.  Since there is no law that empowered Prof. Ozumba to cancel election results in Obingwa, Osisioma and Isiala-Ngwa North local governments, the statement that the Abia State governorship election of April 11 is “inconclusive” is at best dubious as it does not stand on any legal plank.  The INEC will, therefore, be embarking on a wild goose chase if it stubbornly or ignorantly insists on organizing the April 25, 2015 supplementary election in Abia State.

    Even if Prof. Ozumba had the right or power to cancel the results of the election in the three local governments in question, his reasons for doing so are jejune and preposterous.  There is no provision in the Electoral Act or the 1999 Constitution where the inputs or reports of international observers are supposed to be the basis for upholding or cancelling election results in Nigeria.

    Finally, any doubts about the points canvassed in this essay should reflect on the ruling of the courts regarding the powers of a returning officer in an election.  In NWOKOLO Vs UBAH (2012) 17 NWLR (Pt 1330) 604, the Court of Appeal held that a returning officer does not have the power to declare an election inconclusive.  The court said: “The election having been held in Ika North-East L.G.A. as borne out by the evidence led, it was for the returning officer to have declared the result of the election by deciding on the scores of the candidates under Section 68(1) of the Electoral Act, leaving an aggrieved party with his options under the Act and not for him to declare the election inconclusive.  He had no power to do so.  His action was therefore, ultra vires and void”, per Nwosu-Iheme J.C.A. at page 611 paragraphs D to F.

    His Lordship insisted at page 612, paragraphs A to B that “A returning officer should, therefore, not act capriciously or contrary to the Law governing the conduct of an election for which the 3rd respondent is responsible and expect to wallow in such capriciousness and illegality”.

     

    •Nkem Ibekwe,

    Mezie Ala-Igbo Foundation.