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Tag: LAW

An unjust law

The topic of this discourse is one that requires no flowery introduction. Last January 7, President Goodluck Jonathan signed into law, a bill which prohibits homosexuality. For the purpose of the law, “civil union” includes homosexual adult independent relationships, caring partnerships, civil partnerships among others.

The overwhelming majority of the citizens, who have applauded this law, did on various grounds which I have summed up as follows: culture, religion and public choice. I do not agree with this majority. And I will justify my deference by logically attacking these bases in order to prove that this law is, first, a clamour for public support and patronage and second, a prejudiced attempt by a powerful majority to oppress a minority.

Culture: The presidential spokesman, Reuben Abati, said of homosexualism: “…it is not our culture.” And millions of Nigerians echoed in agreement. What is culture? If memory serves me right, culture is simply the totality of a people’s way of life. The keyword being totality and not majority. In Social Study class, I was taught that culture is diverse and changes with respect to people, place and time. True to this, the numerous cultures in Nigeria have undergone transitions.

Christianity, health care, education and technology have all been added to our cultures in response to the demands of the people, place and time. And more additions occur as these we continue to transform daily. Where then lay the boundaries defining ‘our culture’ as a nation?

A friend vehemently upbraided the Europeans for the ‘infection’ of the Nigerian culture with homosexuality. She hailed the anti-gay law because of her fears that, Nigerians would “out-perform” their “western” teachers in the practice. I wonder, if we should also blame the West for fornication, adultery and rape that we willfully commit in our country. If we indeed blame the Europeans for these rising despicable trends, where are the policemen carrying around lists of ‘potential’ offenders on these counts? Where are the vigilantes and mobs religiously enforcing the laws prohibiting these practices on our streets? My answer to this is prejudice.

Section 21(a) of the Constitution stipulates: “The state shall uphold the Nigerian cultures which enhance human dignity and are consistent with the fundamental objectives…of democracy and social justice.” The recently-promulgated anti-gay law breaches this provision.

Religion: Not a few anti-gay advocates explore the Holy Bible and Qur’an in the attempt to justify this law. As much as I am tempted to, I will not prove in this essay, my belief, based on my knowledge and experience as a Christian, that God would have handled this situation differently than it has been handled. Nor will I explore the malicious hypocrisy of my discovery that many proponents of the anti-gay law are spurred to voice their support by their abhorrence of man-and-man union while harboring a healthy tolerance (even likeness, in many cases) for woman-on-woman sexual activities. What I would rather take issue with is the error, which is quickly gaining popularity among Nigerian leaders and followers alike, of mixing the state and its law with the dictates of religion.

Chapter IV (38) of the Constitution clearly guarantees every Nigerian’s fundamental rights as the “right to freedom of thought, conscience and religion”. While Nigeria may be a country of religious people, it is not a religious state, hence the absence of any one religion as the national religion. The wrongness of instituting a law based on principles particular to one or a number of religions in a country which legally allows one the right to not practice any religion cannot be overemphasised. The attempt to justify the anti-gay law on the grounds of religion is not only criminal and hypocritical but is also responsible for recent malodorous occurrences like the incessant Boko Haram killings and the subscription of some state governors to religion as disguised psychological blackmail of the voting electorate.

Public choice: “…Nigerians are happy with it,” says Abati. Democracy is, indeed, a government by a majority but I refuse to believe that it subscribes to the oppression of minority, who, in exercising their fundamental rights of choice and association, hurt no one.

If majority did indeed automatically dictate the law and the extent to which it is applied, slavery would have never been abolished in China, Europe and America where slaves were an obvious minority; racial discrimination of the minority black Americans would also have never ended; Hitler’s holocaust of the minority Jews in Germany, Charles Taylor’s crimes against Liberians and Saddam Hussein’s genocidal campaign against the Shia Muslims would have had a legal approval.

Even when the majority was in support of a revolution as was the case in South Africa during the Apartheid era, the law came to the rescue of the people not because of their numbers but because they sought equality, democracy and social justice – precepts which every law venerates.

If at this point, you are saying: “This writer is clearly gay!” I feel no urge to either congratulate or sympathise with you because you have completely missed the point. For the readers, who would, however, put sentiment aside to absorb my arguments and proceed to sift through the facts for themselves, I will now take my stand. My stand is based on nothing else but the exact term of the issue at hand – the law.

Section 14(1) of the Constitution states: “The Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice”. On these counts, the anti-gay law fails woefully. The law criminalising homosexual unions, acts and sympathies, in my opinion, is both wrong and unnecessary.

It is wrong because it absolutely violates six fundamental rights of the Nigerian citizen as stated in the Constitution and exposes a percentage of the country’s people to harassment and abuse. On the count of being unnecessary, the law could have prohibited the public display of sexual acts (homosexual and heterosexual) because such would corrupt the younger and more impressionable populace.

It could have criminalised rape and all manner of sexual practices (homosexual and heterosexual) lacking consent of the individual(s) involved because it would clearly abuse the unwilling individual while robbing him/her of fundamental rights.

I fear that the government, in a bid to prove that Nigeria will not be bullied by western forces, may have gone too far with this law.

The effects of this law are fast unraveling in the uncharacteristic efficiency with which the police, vigilantes and volunteer mobs are enforcing it across the country. Health clinics for healthcare and rehabilitation of homosexuals have been shuttered and reports of beatings, arrests and manhunts for ‘potential’ homosexuals abound. No matter the terms with which we try to justify it, this law is unjust. And an unjust law is no law at all.

•Chisom is a Corps member in Osogbo, Osun State.

January 30, 2014
Money laundering: Law and policy

The book discusses the meaning, nature and scope of money laundering. It also goes further to interrogate the factors that facilitate the commission of money laundering offence in Nigeria and in West Africa and the effects of money laundering in the area. Furthermore it looks at the global perspectives of money laundering, new strategies of money laundering and also measures both internationally and nationally employed in the fight against money laundering and its effects in the country and also recommend ways to strengthen the fight against money laundering in the country. In the book it was stated that money laundering exists through concealing the proceeds of illegally acquired wealth and systematically integrating it into the economy and this may also be facilitated directly or indirectly by weak governance and political instability. Another issue discussed in the book is financing of terrorism which is related to money laundering and has terribly affected the peace and development of the country. This academic work richly contributes to the existing literature in Nigeria and West Africa, and it is based on the moral, economic, social and political standpoints that criminals should not be allowed to benefit or even protected from illicit wealth.

The first Chapter of the book is “An overview of Money Laundering” written by Kalu Kingsley Anele. The chapter discusses the evolution, concept, nature, scope and effects of money laundering. It also delved into the legal framework in combatting money laundering and the effectiveness of such machineries. This chapter also deals with the relationship between money laundering and financing of terrorism. This chapter also recognises that there are challenges faced in combating money laundering and its effects and these challenges were discussed, the writer identified corruption, inadequate corporation from financial institutions, defective judicial process, lack of communication between anti money laundering agencies and what he described as challenges with new payment methods as some of the major challenges in combatting money laundering. The writer recommended various ways in which money laundering can be tackled and also advocated that countries should apply international regimes in the fight against money laundering in accordance with prevailing local and peculiar circumstances of the country.

The second chapter – “Money Laundering Strategies: Global Perspectives” by Damilola Odunayo Awolalu delves into various methods and strategies which can be used in concealing proceeds of crime. The chapter also considered various anti money laundering laws aimed at curtailing the activities of money launderers. The writer argues that a common and reconciled approach to money laundering will prevent launderers from using the different laws and practices among jurisdictions to their advantage both at the expense and disadvantage of states concerned in going after them.

Chapter three of the book on “New Perspectives of Anti-Money Laundering Legislation in Selected Jurisdictions: Lessons for Nigeria” is written by Irekpitan Okukpon-Adesanya. The writer analysed the international perspective and legislation in money laundering, and the role of international and regional bodies in regulating money laundering globally. The writer also systematically x-rayed examples from jurisdictions like the United States, Cayman Island, Israel etc which can be emulated by Nigeria and West African countries in combatting money laundering. It was observed that the problem in Nigeria has never been in the enactment of laws but in the implementation of such laws. The writer therefore stated that for Nigeria to effectively fulfil its commitment to the Financial Action Task force (FATF) and Inter – Governmental Action Group against Money Laundering in West Africa (GIABA) as a country which is committed to the fight against money laundering it must judiciously implement its Anti–Money Laundering Laws.

Chapter four of the book written by Ebe Aguebor is titled “Regulating Trade Based Money Laundering (TBML): Problems and Prospects for Trade in Nigeria”. This chapter looks the background to Trade based Money Laundering, related concepts, predicate offences and control of trade based money laundering. The writer defined TBML as ‘… an alternative remittance system through which criminal organisations obtain, transfer and store criminal proceeds, disguised as legitimate trade’ The writer argued that strategies aimed at preventing and combatting trade based money laundering should focus on dismantling trade based money laundering structures however allowing honest trade to continue undisturbed. The writer also emphasises on adoption of inter-agency coordination and International Corporation by policy makers, she went ahead to state that a comprehensive strategy which takes into account sectorial peculiarities, agency specialisation and jurisdictional frameworks will be useful in addressing the challenges in tackling Trade–based Money Laundering.

In chapter five, Chidiebere Chinweike provides a discourse on “The Economic Impact of Money Laundering: an Analysis of World Bank and IMF Reports” The emphasis of this chapter is on the impacts of money laundering on a country’s economy as well as an analysis of the World Bank and the International Monetary Fund (IMF) reports on money laundering.

“Anti-Money Laundering/ Combatting Financial Terrorism Strategies in Nigeria: examining the role of the Nigerian Financial Intelligence Unit” is the title of the sixth chapter. This chapter is written by Morenike Aguda. The writer in tracing the relationship between money laundering and terrorism finance argues that Money laundering is the engine that drives other crimes. The meaning and the role of Financial Intelligence Unit was contained in the chapter. The writer went on to argue that for the Nigerian Financial Intelligence Unit to be very effective in combatting and preventing money laundering issues of training of the staff of the unit, strengthening the anti-graft agencies through adequate funding and capacity building, monitoring and reduction the use of cash for financial transactions, strengthening of borders and ports, public awareness etc should be addressed.

Oduola Ifeoluwa’s chapter seven on “Anti-Money Laundering and Combatting of Financing of Terrorism Framework in the ECOWAS Region” concentrates on the anti-money laundering legal framework in the ECOWAS region. The writer also carefully examined various anti-money laundering laws, the effectiveness or otherwise of the laws in combatting the financing of terrorism of each of the ECOWAS member states. The writer identified that the ease of movement by humans and goods within the region is one of the major factors facilitating cross-border crimes. Furthermore the writer argued that to ensure effective anti – money laundering measures in the region there should be a workable medium to implement national and international instruments for anti–money laundering and combatting the financing of terrorism; she urged collaboration between regulators and law enforcement agents within the ECOWAS region.

In chapter eight, C.C. Nwabuzor gives a treatise on “The International Legal and Policy Development of Anti–Money Laundering Measures”. The chapter carefully traces the evolution of the term money laundering and examines in detail the various international instruments on money laundering.

The ninth Chapter by Wahab Shittu on is titled – “National and Cross Border Investigation and Prosecution of Money Laundering Crimes”. The writer focuses on a rounded examination of national and cross–border investigation and prosecution of money laundering crimes as a prerequisite for putting in place a realistic law and policy aimed at eliminating the scourge of money laundering within and outside the country’s borders. The writer identified that to successfully defeat the crime of money laundering, African countries must design a regulatory framework that will support international partnership and sustain strong ties among themselves and other countries of the world. The writer also observed that new developments in technology needs to be updated to act as counter-measures for investigating advanced technologies used in committing crime.

1The 10th chapter written by Gary Kelechi Amadi and Uchechukwu Ngwaba focuses on “Anti-Money Laundering: Tools and Procedures for Recovering and Managing the Proceeds of Repatriated Funds in Nigeria” the writers observed that money laundering is a profit driven crime and is committed for gain , the idea of profiting from the crime encourages further commission of the crime and thus it is important to strengthen measures aimed at depriving them of the profits which is the basis for the crime. The writers also argued that it is important to harmonise laws relating to forfeiture in Nigeria to avoid misunderstanding in ascertaining the particular laws to prosecute particular offence, also this will block any loophole that maybe exploited by offenders. On the other hand, the writers emphasised that recovered funds be managed in a transparent way to ensure accountability in the system. In their view, this will not only help in combating money laundering,it will also aid in the development of the nation.

Okechukwu Effoduh’s Chapter 11 advocates for special taxation in combating transnational money laundering. The chapter first of all identified the meaning of the dual concepts of taxation and transnational money laundering and proposed a special type of taxation to tackle the increasing danger of transnational money laundering. The writer argues that this special taxation for transnational money laundering would not only discourage the continuous commission and involvement in the crime but also would aid the government in realising asubstantial revenue.

The last chapter on “Problems and Prospects of Anti-Money Laundering and Combating Financial Terrorism Capacity Building in Financial Institutions” is written by Adejoke Adediran. This chapter scrutinises the problems faced by financial institutions in carrying out the mandatory task of training their staff as well as the prospects of capacity building on AML/CFT measures in Nigeria. The chapter also examines the problems encountered by regulatory bodies in enhancing the capacity of financial institutions on the AML/CFT measures. The writer identified that money laundering plays a critical role in sustaining terrorist organisations, therefore interrupting the laundering process can cut off funding and resources of terrorist groups. Furthermore the writer argued that financial institutions remain the main channels for money laundering; therefore in combatting money laundering and terrorism financing in the country, the issue of capacity building becomes important because it furnishes financial institutions with the required knowledge needed to curb these crimes.

Recommendation

This book is designed to provide an authoritative piece on money laundering law and policy. Its content is well-researched and it proposes not only to enlighten advanced readers, but also persons at all levels, with interest in the subject matter. It is thus is recommended for studies and research, intellectual dialogue and practice in this area or related areas of law. The book does not boast to be exhaustive of all legal issues on money laundering; it leaves room however for further research in the areas covered and areas that were not covered. The book is recommended for academics, lawyers, judges, criminologists, legislators, staff of financial institutions, anti–money laundering regulatory bodies students and any person interested in learning

January 28, 2014
Lawyer seeks to alter NBA NEC membership

•Lagos branch partners insurance firm

A Lagos lawyer, Mr. Seth Amaefula, is seeking to stop former chairmen of the Nigeria Bar Association (NBA), Lagos Branch from becoming automatic members of the National Executive Committee (NEC).

In a motion titled: Notice of motion to suspend appointment/confirmation of a NEC representative for NBA Lagos branch, Seth is urging the branch to pass a resolution that the practice of an immediate past chairman graduating to be NEC representative should stop.

He said the branch should rather have the power to choose its NEC representative.

According to him, the practice which foists a NEC representative on the branch deprives it of an informed choice and ought to be discouraged.

Seth said the chairman should not send names of his former colleagues to the NBA secretariat as NEC representative based on the existing practice, adding that this would be wrong.

The motion was adjourned for discussion. Some branches still appoint or elect their NEC representatives.

Meanwhile, the NBA Lagos branch has concluded insurance policy with FBN Life Assurance for its members.

The branch chairman, Mr. Alex Muoka said: “The policy is not compulsory; it is optional for interested members who should express their interest by paying N5,000 annually as premium for the cover in addition to paying their branch dues.

“The policy covers death and personal accident. In case of the death, the assured amount is N750,000. Accident without permanent disability is N250,000 while accident with temporary or permanent disability is N250,000 for medicals.”

The policy is open to members of the branch who are below 70.

NBA Vice President to run for Presidency

The First Vice-President of the Nigerian Bar Association (NBA) Mr Osas Justy Erhabor

has declared his intention to contest the association’s Presidency in July.

He announced his ambition during the meeting of the Southwest Lawyers Forum (also known as Egbe Amofin) in Ibadan.

Erhabor was Secretary and Chairman of Ilesa Branch of the NBA. He was the Second Vice-President in the Joseph Daudu (SAN) administration. On both occasions, he was nominated and endorsed by the Egbe.

He is also the Vice-Chair of International Human Rights Committee of the Section of International Law of American Bar Association.

NBA holds NEC meeting

The Nigerian Bar Association (NBA) will hold its quarterly National Executive

Committee (NEC) meeting at Fountain Hotel, Ado-Ekiti, Ekiti State on March 5-7

by 9am.

Constitution of electoral committee to conduct the forthcoming NBA election is expected to top the agenda.

Ungogo branch elects new officers

The Ungogo branch of the Nigerian Bar Association (NBA) in Kano State has elected

new officers to pilot the affairs of the branch in the next two years.

Those elected are: Salisu H. Danjida (chairman), Juliana B. Sale (Vice-Chairman), Mustapha Imam (Secretary), Wada A. Wada( Assistant Secretary), Binta Tukur Abdullahi (Treasurer), Usman Abdullahi (Financial Secretary), Bashir Sale (Public Relations Officer), Mutawakil Ishaq (Welfare Officer) and Idris I. Haruna (NEC Representative).

January 21, 2014
2013: The cases that stood out in the year

Excess Crude Account (ECA) and the Sovereign Wealth Fund (SWF) case

The suit by the 36 governors challenging

the propriety of the Excess Crude Account

(ECA) and the Sovereign Wealth Fund (SWF) made headlines in the outgoing year.

The Supreme Court initially granted a long adjournment to enable parties resolve the dispute amicably. It later resumed hearing after the governors and the Federal Government failed to settle the dispute over the alleged illegal diversion of funds meant for the federation to maintain the ECA and SWF.

The states had filed different suits seeking the interpretation of Section 162 of the 1999 Constitution as it affected the diversion of funds, which ordinarily ought to accrue to the Federation Account for sharing among the three tiers of government.

In the suit the states are asking the court to resolve the dispute over the retention of the ECA and the transfer of $1 billion to the SWF. The 36 states are praying for an order compelling the government of the federation to pay into the Federation Account, N5.51 trillion being the balance of the money that accrued to the central purse between 2004 and 2007 from the proceeds of crude oil sales, petroleum profits tax and oil royalties. The court has fixed March 24 next year for hearing.

Pension fund cases

Early in the year, the trial of former officials of the Police Pension Fund at an Abuja High Court took a dramatic turn when one of the accused in the N39 billion scam, John Yakubu Yusufu, who had earlier pleaded not guilty alongside his co- accused, changed his plea. He pleaded guilty to the three out of the amended 20 count-charge brought against them by the Economic and Financial Crimes Commission (EFCC). Yusufu pleaded guilty to counts 18, 19 and 20 where he was alleged to have connived with Essai Dangabar, Atiku Abubakar Kigo, Ahmed Inuwa Wada, Veronica Ulonma, Sani Habila Zira, Uzoma Cyril Attang and Christian Madubuike, to convert N24.2 billion, N1.3 billion and N1.7 billion, belonging to the Pension Office to their own use. Justice Talba Mohammed sentenced Yusufu to two years’imprisonment on each of the counts or N250,000 fine. The jail terms were to run concurrently. The judgment led to public outcry, culminating in the suspension of Justice Talba for one year by the National Judicial Council (NJC) because he allegedly did not exercise his discretion judicially and judiciously with regard to the Yusuf sentence.

Meanwhile, the case involving former Director of Pensions Accounts in the Office of the Head of Civil Service of the Federation, Dr Sani Teidi Shuaibu and a banker, Eric Omoefe Uduesegbe, is still ongoing at the Federal High Court in Abuja. The court has heard how some government officials assigned to manage civil servants’ pension savings stole from the funds, using fictitious firms operated by private agents to defraud the fund of N1.951billion.

The Hezbolla case

One of the three Lebanese accused of belonging to Hezbollah terrorist group was jailed for life by the Federal High Court in Abuja. Talal Ahmad Roda, who was arrested in the Kano State House, where the ammunition was found, got life imprisonment having been found guilty of conspiracy.

Boko Haram: Court upholds Ndume’s appeals

The Court of Appeal, Abuja upheld the two appeals filed by Senator Mohammed Ali Ndume against decisions of the Federal High Court, Abuja in his trial on terrorism-related charges. The appellate court, in a judgment read by Justice Amiru Sanusi, faulted the decisions by Justice Gabriel Kolawole of the Federal High Court in which he, in two rulings on December 11 and 14, last year, admitted some computer generated items in evidence in Ndume’s trial. The Court of Appeal held that the trial court erred when it admitted the items even when the prosecution failed to comply with the condition precedent as required under Section 84(1) and (2) of the Evidence Act 2011 (as amended) in relation to the admission of computer generated evidence. Ndume, a Senator from Borno State, is facing terrorism-related charges before the Federal High Court, in Abuja.

2011 Christmas Day bombing case

A Federal High Court in Abuja convicted Kabiru Umar (aka Kabriru Sokoto) over his complicity in the 2011 Christmas Day bombing of St Theresa Catholic Church, Madalla, Niger State. The court also found him guilty in connection with plots to bomb the Police Headquarters and some other strategic public institutions in the state. Justice Ademola Adeniyi sentenced him to life imprisonment on the first count and 10 years in relation to the second count of the two-count charge on which he was arraigned before the court on April 19, this year by the Federal Government. About 44 worshippers died in the church when Boko Haram members rammed a car packed with explosives into the gates of the church on December 25, 2011.

My Pikin case

In March, a Federal High Court, Lagos wound up Barewa Pharmaceutical Ltd, the manufacturer of My Pikin baby teething mixture, which allegedly killed about 80 babies in 2008. Justice Okechukwu Okeke (now retired) sentenced two of the company’s employees to a total of 28 years’imprisonment. The firm, its Production Manager, Mr. Adeyemo Abiodun; and the Quality Assurance Manager, Egbele Eromosele, were convicted for conspiracy and selling of a dangerous drug. Justice Okeke sentenced Abiodun and Eromosele to seven years each for conspiracy to sell a dangerous drug and to another seven years for selling dangerous drug, but ordered that the sentences should run concurrently.

NIMASA vs NLNG case

After weeks of legal tussle, the Federal High Court, Lagos, in July entered a consent order in the dispute between the Nigerian Maritime Administration and Safety Agency (NIMASA) and the Nigeria LNG (NLNG) Limited.

Justice Mohammed Idris gave the verdict after parties informed him they had reached an amicable settlement in the meantime.

NLNG’s counsel, Olawale Akoni (SAN), withdrew the contempt proceedings against the Attorney-General of the Federation Mohammed Adoke (SAN). The court subsequently struck out the contempt charge, and dismissed those of the other defendants, including the contempt charge against NIMASA, for being defective.

The letters, which formed the basis of the judgment were dated July 5 and July 12, this year. NLNG and NIMASA agreed that the agency would immediately revoke the detention order of NLNG vessels and release them, subject to NLNG making the payments to NIMASA. NLNG owed NIMASA a total USD158million. The firm had paid $20million out of the debt.

Supreme Court acquittal of Bode George, others

The Supreme Court set aside the Lagos State High Court judgment that jailed former chairman of the board of Nigerian Ports Authority, Chief Olabode George and five former members. The five directors of the NPA whose sentensing were also quashed are Aminu Dabo, Captain Oluwasegun Abidoye, Alhaji Abdullahi Tafida, Alhaji Zanna Maidaribe and Sule Aliyu, an engineer. The apex court discharged and acquitted them of corruption, inflation and splitting of contracts, for which they had been convicted after prosecution by the anti-graft agency. George, a Peoples Democratic Party (PDP) chieftain, was the NPA chairman between 2001 and 2003 when the alleged offences were said to have been committed.

PDP sues over lawmakers’ defection

The People’s Democratic Party (PDP) and its Chairman, Bamanga Tukur, faulted the decision of its 37 members in the House of Representatives to defect to the opposition All Progressives Congress (APC) despite an order by the Federal High Court that parties to the suit by the lawmakers maintain status quo. In an application, the PDP prayed the court for an order declaring the defection on December 18, 2013, by 37 of the plaintiffs from the PDP to ACP as null and void and contrary to the order of the court made on December 17. It is also praying for a mandatory order of the court directing the 37 legislators to revert to the status quo, pending the hearing of the plaintiffs’ motion on notice for interlocutory injunction. Hearing in the case has been fixed for January 22, 2014.

Iranian, Nigerian accomplice jailed

For importing 13-container-load of arms and ammunition into Nigeria without licence, an Iranian Azim Aghajani and his Nigerian accomplice Ali Jega were sentenced to 17 years in jail in April. Justice Okeke found them guilty of four out of five counts of illegal importation of the arms. He sentenced them to five years’ imprisonment on the first count, two years on the third count and five years each on the fourth and fifth counts.

The jails terms will run concurrently, beginning from February 1, 2011, when they were first arraigned. The judge ordered that the arms and ammunition be forfeited to the Federal Government.

Suits over Ojukwu’s property

Several actions and counter suits were filed by members of the late Ikemba Nnewi, Chukwuemeka Odumegwu-Ojukwu Ojukwu family the Lagos State High Court and the Federal High Court.

In one of them, Ojukwu Transport Limited filed two suits against Mrs Bianca Ojukwu and others, demanding N280 million over some properties located in Ikoyi. In another suit, two children of the late Ikemba Nnewi, Afamefuna and Nwachukwu, sued the company and and seven others over some property located in Ikoyi and Yaba, Lagos. The claimants sought a declaration that they are entitled to the possession and occupation of a property located on 29 Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi until the harmonisation of the management and administration of the first defendant’s assets.

Aribisala sues over withdrawal of SAN

A lawyer, Chief Ajibola Aribisala, whose rank of Senior Advocate of Nigeria (SAN) was withdrawn on February 26, sued the Legal Practitioners Privileges Committee (LPPC) and Fidelity Bank Plc at the Lagos State High Court, Igbosere. He sought an order setting aside, or nullifying his suspension from the use of SAN with its accompanying privileges.

The decision to withdraw the rank was taken by the LPPC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar. Aribisala asked for an order of interlocutory injunction restraining LPPC either by itself or its agents from hearing, considering or taking any step with respect to a petition by Fidelity, dated May 15, last year, pending the determination of the substantive suit.

Nnamani’s case

All through the year, the trial of former Enugu State Governor Dr Chimaroke Nnamani never took off. It made headlines when the trial judge ruled that he could travel whenever he wanted. He was said to still be abroad despite a directive that he must report in court to face trial for alleged money laundering at the Federal High Court, Lagos. The Economic and Financial Crimes Commission (EFCC) re-arraigned Nnamani and others before Justice Yinusa on 105 counts of money laundering and economic crimes involving about N4.5billion of state funds.

Arraignment of 17 Boko Haram suspects

Lagos State Government arraigned 17 alleged members of the Boko Haram sect at the Federal High Court, Lagos. The suspects were charged with eight counts of belonging to the proscribed organisation and for being in possession of explosives and dangerous weapons.

The government said they conspired among themselves “to commit felony, to with: acts of terrorism” by having in their possession explosive substances, including three packets of explosive construction pipes and 15 detonators. The court has ruled their trial will be held behind closed doors.

Omehia vs Amaechi

The Peoples Democratic Party (PDP) opposed the bid of the Rivers State Governor, Rotimi Amaechi, to get the Supreme Court to set aside a Court of Appeal ruling which joined his predecessor, Celestine Omehia, as an interested party in a suit concerning his tenure in office.

After listening to the submissions of various parties in the appeal, a panel of justices of the Supreme Court fixed February 7, 2014, to deliver its judgment. The subject of the suit is whether Amaechi’s tenure started on May 29, 2007, when Omehia was inaugurated, or on October 2007, when the governor was sworn-in after Omehia’s removal by a decision of the Supreme Court.

PDP versus five defecting governors

The Peoples Democratic Party (PDP) asked an Abuja Federal High Court to sack the five governors who defected to the All Progressives Congress. The governors are Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara). PDP argued that the governors should be sacked from office on the ground that, because of their defection, they have forfeited their offices, which, as a result, have reverted to the party.

ThisDay bomber jailed

Mustapha Umar, the Boko Haram member, who bombed a plaza housing the offices of some newspapers in Kaduna in April, last year, was convicted and sentenced to life imprisonment with hard labour by an Abuja Federal High Court. Three persons lost their lives in the bomb attack in the premises of SOJ Plaza, located at R9, Kontagora Road, by Ahmadu Bello Way, Kaduna, which is occupied by Thisday, The Moment and The Sun newspapers.

Alleged kidnap kingpin Kelvin remanded

An Abuja Chief Magistrate, Usman Ahmed Shuaibu ordered that alleged kidnap kingpin Kelvin Eziegbe, Frank Azuekoh and Haruna Momoh be remanded in the custody of the Department of the State Security Services (DSSS), pending the conclusion of investigations into the alleged crime against them. The charge against him read: “That between February 2, 2012 and September 24, 2013 at Kokori, Asaba, Warri, Port Harcourt and Benin City, in Delta, Rivers and Edo states and on the Benin-Abuja road, Abuja FCT, you Kelvin Eziegbe, Frank Azuekoh and Haruna Momoh conspired with Rufus Ovwigho, Ese Oghenerojakor and others now at large to kidnap for ransom Mike Ozekhome (SAN), Chudi Nwike (Dr), Hope Eghagha (Prof) and many others.”

Fred Ajudua’s case

Lagos socialite, Mr. Fred Ajudua will be arraigned at a Lagos High Court, Ikeja presided by Justice Oluwatoyin Ipaye on February 12, next year for allegedly defrauding a former Chief of Army Staff, Lt.-Gen. Ishaya Bamaiyi, of about $8.395million. In another development, Ajudua and co-accused, Charles Hijiudu, are also before the court for allegedly defrauding two Dutch businessmen – Mr. Remy Cina and Pierre Vijgen – of about $1.69million between July 1999 and September 2000.

Ajudua’s counsel, Mr. Olalekan Ojo, filed the fresh bail application before a vacation judge, Justice Ganiyu Safari in September, this year, but was denied bail. He had earlier been denied bail by Justice Olubunmi Oyewole on June 27, this year. He had ruled that Ajudua had failed to present convincing materials to back his claim that he would not escape trial after doing so for seven years when he was earlier granted bail in 2005.

Francis Atuche case

The trial of the former Managing Director of the defunct Bank PHB, Mr. Francis Atuche, is one that would continue to make headlines. He had two different charges preferred against him by the Economic and Financial Crimes Commission (EFCC). In one of the cases, he is standing trial alongside his wife, Elizabeth and a former Chief Financial Officer of the bank, Ugo Anyanwu, over the alleged N25.7 billion theft charged preferred them by the Commission before Justice Lateefat Okunnu of a Lagos High Court, Ikeja. In the second matter, Atuche is standing trial alongside a former director of Bank PHB, Funmi Ademosun, for allegedly stealing N4.2 billion belonging to Caverton Helicopters Ltd in September 2007 before Justice Adeniyi Onigbanjo of a Lagos High Court, Ikeja.

Erastus Akingbola case

The former Managing Director of Intercontinental Bank Plc, Mr Erastus Akingbola, is to be re-arraigned before Lagos High Court, Ikeja, presided by Justice Lateef Lawal-Akapo on March 24, next year. The EFCC had charged Akingbola and an associate Bayo Dada to court for allegedly stealing N47.1 billion belonging to the defunct Intercontinental Bank Plc. They are to face a 22-count charge of stealing and obtaining money by false pretences. The duo were earlier arraigned on May 31, 2011 before Justice Habeeb Abiru, at the Lagos High Court, Ikeja. Abiru was about to deliver judgment on the matter before he was elevated to the Court of Appeal. The matter was later re- assigned to Justice Adeniyi Onigbanjo and the defendants were re-arraigned on February 26, 2013. Their case file was again transferred to Justice Lawal-Akapo following the recent changes in the Lagos Judiciary that moved Justice Onigbanjo to the Commercial Division of the Court.

Wale Babalakin case

The trial of the Chairman of Bi-Courtney Limited, Chief Olawale Babalakin (SAN) for alleged money laundering made headlines and would continue at the Lagos High Court Ikeja presided by Justice Lateef Lawal-Akapo on January 20, next year. Babalakin was first arraigned before Justice Adeniyi Onigbanjo who was later moved to the Commercial Division of the High Court from the Criminal Division. The EFCC had arraigned Babalakin alongside four others, including Alex Okoh, Stabilini Vision Limited, his company Bi-Courtney Limited and Renix Nigeria Limited for fraudulently transferring N4.7billion out of the country on behalf of the convicted former governor of Delta State, James Ibori, an allegation they denied.

Cynthia’s murder trial

The trial of the four suspects who alleged killed Cynthia Osokogu will continue before Justice Olabisi Akinlade of a Lagos High Court, Igbosere as from January 13, next year. The defendants – Okwumo Nwabufo 33; Olisaeloka Ezike, 23; Orji Osita, 33; and Ezike Nonso, 25 – are being tried by the Lagos State Government. They allegedly chained and strangled Cynthia Osokogu, whom they met on face book, a popular social media, to death.

Cynthia, a 25-year-old student, businesswoman and daughter of Major-General Frank Osokogu (rtd), was lured to Lagos ostensibly to purchase ladies’ wears for her boutique, but was drugged, raped and strangled to death in a room at the Cosmilla Hotel at Lakeview Estate Phase 1, Amuwo Odofin, FESTAC, Lagos, on July 22, last year.

At the last hearing November 20, this year, two of the four defendants standing trial on Cynthia’s murder case appeared as witnesses at the court.

The first defendant Mr.Echezona Nwabufo Okwumo while being led in evidence by his counsel Mr. Victor Okpara admitted to know the deceased Miss Osogogu. He said she was his girlfriend and they have known each other for about one year before the incident.

Under cross examination by the Lagos State Attorney-General, Mr. Ade Ipaye, the first defendant also confirmed that the hand writing and the signature on the confessional statement were his.

The second defendant Mr.Olisaeloka Ezike Chidera said he was arrested at Nnewi, Anambra State and brought to FESTAC Police Station. He said he led the police to arrest Echezona at his FESTAC resident.

When he was shown the CCTV Footage, he confirmed that the picture was taken at Cosmilla Hotel.

Female banker’s murder trial

Justice Lateefat Okunnun of a Lagos High Court, Ikeja will next year deliver judgment in the murder trial preferred against Akolade Arowolo, who allegedly killed his banker wife, Titilayo Omozoje. The trial judge is expected to fix a date soon for the delivery of her judgment on the matter, the prosecution led by the Lagos State Director of Public Prosecution (DPP), Mrs. Olabisi Ogungbesan having closed her testimony and Arowolo, his defence. Arowolo, a jobless graduate, had been arraigned before the court on a one count of murder of his wife, Titilayo, a staff member of Skye Bank Plc at their 8 Akindehinde Street, Isolo, a suburb of Lagos, on Saturday, June 24,2011.The DPP, Mrs. Ogungbesan had alleged that the defendant killed his wife by stabbing her several times in the chest and the stomach. Foremost pathologist, Prof. John Obafunwa, had asserted in his testimony that Titilayo was stabbed 76 times, saying it was not possible for a human being to inflict such wounds on oneself. But Arowolo, in his defence, had insisted that his wife stabbed herself to death. While being cross-examined by the Director of Public Prosecutions, Mrs. Olabisi Ogungbesan, he said that contrary to public opinion, the deceased stabbed herself to death.

Fuel subsidy tragedy

The trial of the dismissed Divisional Police Officer of Yaya-Abatan Police Station, Segun Fabunmi, who allegedly killed Adedamola Daramola Abe at Ogba, Ikeja during the protest against removal of fuel subsidy in January, last year will continue before Justice Olabisi Akinlade at a Lagos High Court this year. The former DPO was also charged to court for inflicting grievous bodily harm on Abubakar and two other protesters, Egbujor Samuel and Chibuzo Udo Two prosecution witnesses, Adekunle Alabi and Alimi Abubakar, told the Lagos State High Court sitting in Ikeja how Segun Fabunmi, how the dismissed Divisional Police Officer, accused of shooting protesters during anti fuel subsidy removal protest of January 9, last year, snatched the gun of one of his colleagues to shoot protesters.

Fuel subsidy fraud trial

The EFCC will on February 20, next year continue with the trial of Abdullahi Alao, son of a prominent Ibadan-based businessman, Alhaji Abdullazeez Arisekola-Alao, over alleged N1.1 billion fuel subsidy fraud before a lagos High court presided by Justice Lateefat Okunnu. Abdullahi Alao, was arraigned by the EFCC, alongside two other oil marketers, Opeyemi Ajuyah and Olarenwaju Olalusi, and their companies, Majope Investment Limited and Axenergy Limited. They are facing an eight-count charge bordering on conspiracy, obtaining money by false pretences, forgery, uttering and use of false documents. At the last hearing, the court dismissed Alao’s application in which he sought the court’s nod to quash the alleged N1.1 billion fuel subsidy fraud charge preferred against him by the commission.

Tukur’s son

Formal trial of Mahmud, son of Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, and others charged for alleged N1.8billion fuel subsidy fraud will begin next year before a Lagos High Court in Ikeja presided by Justice Lawal-Akapo. Others, who were re-arraigned alongside Mahmud by the EFCC included Alex Ochonogor, their firm, Eterna Plc; and Abdullahi Alao, who is a son of Ibadan-based businessman, Abdulazeez Arisekola-Alao on a nine-count charge of subsidy fraud. The accused persons were initially arraigned before Justice Adeniyi Onigbanjo on July 26, 2012 before his transfer out of the Criminal Division of the Lagos State Judiciary. After the defendants took their plea, Justice Lawal-Akapo ruled that the accused be allowed to continue enjoying the earlier bail granted them by Justice Onigbanjo.

December 31, 2013
‘Why Nigerians can’t access African Court’

The African Court on Human and People’s Rights (ACHPR) was established by the African Union (AU) following member-states’ adoption of the Protocol establishing the court in 1998 in Burkina Faso. The Protocol came into force on January 25, 2004. The court began operations in 2006 in Addis Ababa, Ethiopia. The court’s President and a Justice of the Supreme Court of Ghana, Sophia Akuffo, in this interview with ERIC IKHILAE, speaks on its activities and why citizens of most member-states, especially Nigeria, cannot access the court.

You will be rounding off your tenure in September, next year. How has the journey been?

When we were set up in 2006 literally, it was a court because there were judges who had been sworn in. But, there wasn’t even a typist, there was no office. We had to decide by ourselves that, until they give us where to operate, we will operate from Addis (Ababa). That is the head office of the African Union (AU). We had no budget and we had no Rules of Procedure. So, it was a start-up from scratch. We relocated here, Arusha in 2007 and by 2008, we were able to do our first draft of Rules of Proceedings. Without the Rules of Proceedings, the court cannot accept any case. So, we did that and let everybody know that we are ready for business.

What were the efforts made to popularise the court among member-states of the AU?

One thing you have to realise is that at the moment, it is not everybody who can come to this court. This is because the Protocol setting up the court gives access to state party to the Protocol, the African Commission on Human and People’s Rights (the Banjul commission), the AU, certain intergovernmental bodies in the continent and then, individuals and non- governmental bodies (if the case brought is against a state that has ratified the Protocol and has also declared that individuals/non-governmental organisations (NGOs) can bring cases before the court). It was only Burkina Faso that had made that declaration as at when we started.

How have you created awareness?

After we did our first case, on which we had to decline jurisdiction, because it was a matter brought by an individual against a state that had not made the declaration, we realised that we had reach-out by ourselves. But as judges, it was a difficult decision for us to make because courts don’t normally go advertising themselves. It is assumed that everybody knows where the court is. But we had to start doing that to get people, and even governments, to know why the court exists. So, we have been doing that since 2008. We have been going from country to country. We have been to Nigeria. We had a seminar and we also spoke to highly placed government officials and the parliament. We also had a meeting with the Human Rights Commission, among others. That is what we have been doing – reaching out. And it has yielded some results.

What is the acceptance like so far?

The question is, if there are other entities that can come to the court, why don’t they come? Well, it is the individuals, whose rights get trampled upon or violated. Those will be the people with primary interest and then, the NGOs that are espousing particular human right causes. But as for states, we will wait for a long time before states start coming to uphold human rights for their citizens. This is because I can barely envisage a situation where a state will bring an action against another state over the violation of its citizen’s rights by the country sued.

What is Nigeria’s status with the court at the moment?

As at today, Nigeria has signed the Protocol, it has ratified. That is why one of our judges is a Nigerian. But cases cannot be brought against Nigeria directly by individuals or NGO. It can only be brought by other African states or they will have to go to the Banjul Commission, who will look at the matter and decide whether it could be brought here. Right now, direct access to the court is only limited to the people bringing matters against seven members of the AU. These are Burkina Faso, Mali, Malawi, Tanzania, Ghana, Cote d’ivoire and Rwanda, because they have made the declaration (recognising the court’s jurisdiction to hear cases brought directly by individuals or NGOs). During our visit to Nigeria, we had promises, particularly in relation to making the declaration. In fact, we had firm promises that ‘by certain, certain time, we would have done it.’ It was supposed to be May 2011 and still, it has not been done. We do not know why. I think it requires that we keep reminding the Nigerian authorities and other countries about the activities and benefits of patronising the court.

To what extent would you say the court’s activities have affected the culture of impunity and rights abuses on the continent?

I think, in the global term, you are being too ambitious and you are pushing the court too much. What matters is what decisions have been made, which we expect to have impact. And the point is that, because the majority of the member-states of the AU have not made their declaration, we have not had a significant number of qualifying applications (cases filed before the court). The other thing is that we are not a court of appeal, and sometime, we have received cases that are more like appeals than bring human rights cases. Last July for example, we made a decision that concerned the compliance of a constitutional provision with the Charter (the African Charter on Human and People’s Rights). We found that the provision was not in compliance with the Charter. It violated rights. Because we are a court of competent jurisdiction set up by the AU, when we make a decision, like the one that was against a particular state and its Constitution, it means that every member-state of the AU, which is a party to the Charter, will learn from it. And that is how our impact is felt.

How does the court ensure that its decisions/judgments are complied with?

Usually, real enforcement of court’s judgments is not always by the court itself. So, enforcement can always be an issue. But under the Protocol setting up the court, the body that is responsible for monitoring compliance is the Executive Council of the AU (made up of Ministers of Foreign Affairs). It reports to the Assembly of the Heads of State. What the court does is that, we report to the AU on our activities. And we are specifically required to report on non-compliance. We actually report on all the cases we have finished and non-compliance. Another way we report is that, as soon as we deliver a judgment, we do not only serve the parties, we also serve the AU and such judgments are expected to be disseminated among AU member-states.

Don’t you think the court is disadvantaged by not having a criminal jurisdiction?

Criminal jurisdiction is at the end of a spectrum; where things went wrong, that is where you reach the point of criminality. The fact that this court does not have criminal jurisdiction does not weaken it. In fact, the first international criminal court is the International Criminal Court (ICC). How old is it? It was established for certain purposes; where it is evident that states themselves do not want to deal with what is going on. But what is more important is that eventually the ground for nurturing and protecting human rights gets solidified and firmed. Then, impunity does not even arise because you know that even if you are not hauled off to any court, you will not be found guilty, but the state will be. What we must remember is that it is the responsibility of every state to assure and protect the human rights of its people. And when there is a violation of human right, it means that the state has failed to ensure this.

When does the court take up cases?

This court takes cases only when the person is able to show that there were no adequate local remedies provided by their states or they have exhausted the local remedies. I am optimistic because it is the beginning of something important. In the world at the moment, there are only two other courts like ours – the Inter-American Court of Human Rights and the European Court of Human Rights. And we do a lot of interactions with them. We have gone farther than they did when they were first set up. It takes a while to become established and become known by other people. The ICC is known because it seems to deal with people, who have done horrible things that you only see in the movies. Human rights courts are there to ensure that, at the end of the day, people do not reach that horrible level.

What are the hinderances to the court’s effective performance?

The main challenge is to get Africans to know and understand that they have this court. I realised that most people do not even know that we have the African Charter on Human and People’s Rights or even what it stands for, and that there is the Banjul Commission and this court. So, it is important for people to know that they have these structures (to ensure the protection of their rights) and to be interested in what the court is doing. People should always be engaged in matters concerning human rights because it concerns everybody. If your state (country) has not made the declaration or ratified the Protocol, I think, with the growth of democracy and constitutionalism in Africa, it is important for people to ask their leaders why they have not ratified and made the declaration. But it starts off with the knowledge, to know you have the right, before you can even ask your country’s leaders why you cannot have full access to the court. Another challenge is to get the leadership of member states to realise that they have either not ratified or declared. And after making them become aware of their status, there is the challenge to also get them to make a move.

What efforts are being made to tackle these challenges?

To me, issues about human rights are very fundamental in human life, but somehow, to those in government, it is always placed on the back burner, and with the fire off (let me put it that way). One needs to be pressing about it. We are a court. So, we will prefer that as time goes on, we have others doing that advocacy, because we should not be doing too much advocacy. There is a point one needs to stop so as not to put the court into a conflict of interest. We now live in the information age. No matter how much one tries to control the flow of information, it will be everywhere in no time. People now have easy access to information. Every decision of the court is published on the internet. We also conduct public hearing in some cases. We are doing our best to let the people know what we do. The rest of it is left to the people. You hear the message, and you run with it or you use it.

In what areas do you think the court’s capacity could be further improved to allow for enhanced performance?

First, we don’t have enough people, we don’t have enough staff. It was only last year that the barest structure that the court recommended was accepted. Even the provisions that have been approved had to be staggered for financial reasons. As I said earlier, we were set up as a court of judges. We have come a long way and we know we will go even farther. We have got a very good staff who are prepared to do the odd, in relation to their job descriptions. We intend to use technology to optimise the speed and accuracy with which we do our work. Of course, machines will never replace human being in a judicial system, but in terms of processes, we will optimise the use of technology, particularly in the courtroom. This is because one of the time wasting problems in the courtroom is the record, in terms of getting it and getting it right. And fortunately, there is technology for ensuring that accuracy to a very, very large extent.

December 31, 2013
‘Govt committed to rights promotion’

Today is International Human Rights Day. The National Human Rights Commission (NHRC) is leading the country to join the world in celebrating this day that is of great international importance to humanity. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, NHRC’s Executive Secretary Prof. Bem Angwe, who also chairs the Network of Human Rights Institutions in West Africa, speaks of the commission’s programme for the day, investigations into the allegations against Enugu State Governor Sullivan Chime by his wife Clara.

Today is International Human Rights Day, what is the significant of this day and what is the Commission doing to celebrate it?

This year’s human rights day celebration is significant and symbolic. It symbolic in the sense that it is also going to commemorate the 20th year of the establishment of the office of the United Nations (UN) High Commissioner for Human Rights. It is also going to be the 20th year that the Paris Principles came into being. You will recall that in 1993, all the nations of the world, that form the international community converged in Paris, France to establish what we refer today as the Paris Principles which also evolved through a resolution passed by the United Nations General Assembly. So, this year will mark the 20th year since the coming into place of the Paris Principles which in itself signifies the birth of national institutions that have the mandate for the promotion and protection of human rights around the world.

Is that all that makes today symbolic?

This year’s celebration is very symbolic and the National Human Rights of Nigeria will lead the country in celebrating this day and collaborate with the rest countries of international community to celebrate this wonderful, memorable and significant day.

How do you do this?

We have lined up a chain of activities in celebrating this day. Apart from the normal walk that we are going to walk around Abuja, the NHRC will, through its branches all over the country, do similar walks across the States of the Federation. In addition to that, we will hold a press conference and we are also going to have a national dialogue today. This year’s theme will be cantered around the need to have peace and stability. In this case, we will be seeking to balance security with human rights. If you balance security with human rights, the consequences will be that you are going to have peace and stability. Today, also, we will inaugurate Human Rights Ambassadors that will assist the commission to propagate and promote human rights in this country. So, this day is going to be a very significant day in the history of human rights protection in Nigeria and in the history of the Human Rights Commission.

Recently, your Commission received commendations for excellent performance at the United Nations Universal Peer Review (UPR) session for Nigeria, what exactly happened at the review?

We are happy to state here that the NHRC triggered the chain of activities that led to the successful UPR review session for Nigeria, we drew the attention of the government, reminded government of the urgent and imperative need to prepare the country for the review and we also played an oversight role in overseeing all the processes and steps that were put in place by the Federal Government of Nigeria to prepare the country to come up and submit this report. The country followed all the processes required by the United Nations Human Rights Consul and we are happy to say that Nigeria did everything that was expected of the Federal Government to have a report that we can truly say, was a peoples-oriented report. The Federal Government involved all the requisite stakeholders in preparing this report and in validating the report. We are happy to report that Nigeria performed creditably well in terms of the commitment of the Federal Government towards the promotion and protection of human rights in this country.

Why do you do say this?

I say so because notably, we can say that there have not been any conscious government policy to violate human rights in this country. Sadly, the activities of unknown and unidentified individuals in this country have brought great challenges or serious violations of human rights in this country. However, we do commend the efforts of the Federal Government to bring this to an end despite the challenges, the country’s record in respect of human rights is very good, we are also very happy with the performance of the country during the UN UPR review session.

The National Human Rights Commission has engaged in public hearings for some time, what are the results of this exercise?

Specifically, the Council of the Commission, upon the recommendation of the Secretariat, resolved that this commission do carry out public inquiries on alleged demolitions and forced evictions taking place across the country. Following the resolution of the Council, the commission has embarked on the public inquiries which commenced with a public hearing in Lagos on November 18.

Before the end of the week, the panel of the commission held public sittings, received, heard and considered petitions from aggrieved persons within the Southwest zone of the country which comprises about six states. A lot of petitions came before the commission against the government of Lagos State, the Federal Government and against the Ogun State Government where there were alleged violations relating to demolitions and violation of the right to shelter of the petitioners.

So, what was the outcome?

Well, I am glad to let you know that the petitioners appeared personally and through their counsel and the various states governments were equally represented. The Attorney-General and Minister of Justice sent a team of lawyers to represent the Federal Government and the agencies that were involved. The Attorney-General of Ogun State appeared before us personally, a team of lawyers also appeared to represent the government of Lagos State.

What happened at the panel?

After listening to the petitioners, their witnesses and received submissions from counsel representing the respondents, the panel, together with the parties inspected the sites where the alleged demolitions took place. We also observed that the hearings could not be concluded at that first sitting, so the commission now adjourned further hearings at the South West Zone to January 2014. In January, the panel will continue further hearings and then conclude its sittings and before March, full decisions will be taken by the council with a view to enforcing the rights of the aggrieved persons who came before the commission in line with the law establishing the commission and due processes provided by the Rules and Procedures of the commission.

We recently read in the national dailies that you were in Enugu State to investigate allegations against Governor Sullivan Chime by his wife Clara. What actually happened and what is the result of your investigation?

Well, the Commission received a petition from the petitioner, the Commission’s power was invoked and we led a team of investigators of the Commission, we went to Enugu State Government House, we met all the parties, the investigation is still continuing and by the time we finish with the investigations, the Commission will take appropriate decision and the decision will be made public for every interested party to know the outcome of the investigation but for now, the investigation continues.

As the chairman of the Network for Human Rights Institutions in West Africa, what are you doing to improve the promotion and protection of human rights in the sub-region?

What is happening is that the Network is carrying out a training and capacity building programmes for all the countries in West Africa. We carried out the training programmes in Cot D’ Ivoire, in Ghana, in Liberia, We are going to Mali on December 16 and after that, we are going to go to Togo. We will come to Nigeria and the rest of the countries in West Africa. What is happening is that the Network is determined to bring about a platform whereby all the human rights institutions in West Africa will have their capacities developed and should be able to carry out uniform processes with regards to the protection of rights of aggrieved persons within the sub-region.

What is the essence of this?

The essence is for us to be able to comply with the Paris Principles and to take all such actions and processes that will ensure the protection and enforcement of the rights of all persons within the ECOWAS community, that is what the Network is doing now. By next year, the Network will embark on other activities that will ensure that the West African countries focus towards achieving the singular goal of ensuring the promotion and protection of human rights within the sub-region. But most importantly, we are trying to come up with an international conference within the sub-region to deal specifically with the strategies that can be adopted in bringing to an end this issue of terrorism that has become a cross border challenge in the region. It does not only happen here in Nigeria, but it is going round the whole of West African coast and there is a need for the West African countries to come together, to brainstorm and take appropriate steps would be taken to ensure that terrorism is brought to an end within the sub- region. It is not something that countries will need to take individual actions on alone, it requires international co-operation, it requires most African countries coming together to adopt appropriate strategies that will address this problem that is today challenging the enjoyment of human rights in the sub-region.

December 10, 2013
How Atiku fought to uphold separation of powers

It was Peter, not Peter the Apostle, but Peter, the hero of Hugh Walpole’s Fortitude, who in the lowly depth of despair, declared, to the astonishment of his foes and admirers alike: “It is n’t life that matters, but the courage that you bring to it”. After life had done terrible things to Peter, he heard a voice that said, among other things, Blessed be all sorrow; Hardships and endurances, That demand courage, Blessed be these things, For these things, Comet the making Of a man (Cited in Obafemi Awolowo Voice of Courage). AIhaji Atiku Abubakar is many things to different people. To Aliyu Usman, “he is probably the most misunderstood politician in Nigeria” (The Nigerian Tribune of Monday November 25 ).

His biographer, Adinoyi Ojo Onukaba says: “Adversity has taught him to be kind, caring and compassionate; his childhood experience as a herdsman, leading the family livestock to the pasture imbued in him the value of patience; the loneliness of childhood made him a lover of people and of large family, the tragedy of being orphaned at an early age instilled in him the virtues of hard work and independence and an abiding faith in God, his 20-year career in the Customs exposed him the larger and more complex world outside the one he knew in Southern Adamawa and his politics taught him focus determination and the ability to understand, predict and manage people.” His success in life (he concluded) is proof that ‘the Nigerian dream’ exists and that with providence and hard work one can aspire to any height in life”

The story of Abubakar

From the brief profile of on pages 5-6 of the book and two full-length biographical works on him (which the reviewer has read, long before how) it is obvious that he has vividly packed into almost seven decades of purposeful existence, a great miscellany of attributes which distinguish him as an accomplished public servant, an astute politician, a skilful manager of human and material resources, a quiet philanthropist, a man of compassion towards the weak and the poor, an unyielding advocate of social justice, democratic governance and the dignity of the human person and a man of great courage. Akin Osuntokun in ThisDay newspaper of Friday, September 6, 2013 described him as “cosmopolitan, intelligent, broad minded, ambitious, courageous and a deft political player”, who could possibly have made a good president”. “These qualities”, Osuntokun asserted, “must have informed his choice as running mate to President Olusegun Obasanjo in 1999. And the latter (still quoting Osuntokun) had big plans for him. His choice was deliberate.”

Not done yet, Osuntokun stated. Further, “Obasanjo’s projection was to make Atiku succeed him after two terms in office. His age was taken into account and it was a crucial factor in his rating against other good, but older contenders. Pitted against another similarly younger contender, Abubakar Rimi, it was his ability to remain calm and collected under pressure that scored him higher (Beyond these general attributes) there were two significant instances that bore testimony to his capacity for leadership. He was the most forceful and clear sighted, in making the case for conceding the presidency to the southwest among his peers in 1999. He equally and at considerable cost to his political prospects, stood up to be counted against ‘political sharia. In his first term in office, president Obasanjo spent a lot of time travelling the world – to rebrand and reintegrate Nigeria back into polite and civilised company.

There was (however) a component to this peripatetic itinerary that was obscured and not known to the public. That default component was to groom the vice-president for succession to the office of the president by ceding and giving room for him to grapple with Nigerian governance duty and responsibility. The role was to be reversed in the second term by assigning him to numerous international engagements to prepare him for this complementary role when he takes over as president. But this was not to be”.

What then went wrong? Historians may be able to present the “true story” in future. But the Contemporary legal historian of landmark constitutional cases cannot afford to ignore the social, political and economic contexts of the issues raised for legal analysis. This is the essence of historiography -informed legal history. And that is why the present reviewer has gone this far art the risk of veering into irrelevance if only to locate explore the historicity of the cases included in the book.

The unprecedented “split” in the presidency in 2006, the attendant acrimonies and the recriminations that followed constitute the background to the issues that are the subject matter of the cases, reported in the book. Osuntokun attempted an analysis which I will commend to everyone with interest in the Nigerian story.

Running into 300 pages of fine print with a cover that bears the insignia of Justice Landmark Constitutional Law in Cases Nigeria is authored by two frontline legal scholars, Maxwell M. Gidado, a Professor of law and Dean, Faculty of Law, Nasarawa State University, who has, in addition, garnered some experience in the corridors of power, and Chudi M. Ojukwu, a Regulation specialist and leading authority on Power and infrastructure sector reforms.

As the authors make clear, the book has been written in” appreciation of the contribution of His Excellency, Atiku Abubakar, GCON to the constitutional jurisprudence of the country through these cases”. The book reports and edits the judgments of the courts before whom each matter was contested, starting from the trial to the appellate levels. The book is, however is not a Law Report in the conventional sense, and in the mould. Lawyers will easily recall Gani Fawehinmi’s pioneering Nigerian Constitutional Law Reports. (now rested), Funmi Quadris Locus Classicus (which contain a significant number of constitutional cases) and her specialised Election Petition Reports. (which deal mainly with Election Petitions).

Landmark Constitutional Law Cases is divided into five chapters. Chapter One, which is introductory, consists a brief on Nigeria’s constitutional developments, the profile of the Supreme Court and a biographical sketch of His Excellency Atiku Abubakar GCON. Chapter Two deals with the case of Attorney-General of the Federation V Alhaji Atiku Abubakar, in which the Supreme Court decided that the Vice President could only be removed following the process laid down under the Constitution and that the President had no powers to declare the office of the, Vice President vacant Chapter Three deals with the case of Action Congress (AC) V Independent National Electoral Commission (INEC) in which the Supreme Court held that the INEC had no power to disqualify candidates for an election Chapter Four deals with the case of Attorney-General of the Federation V Alhaji Atiku Abubakar, in which the Court of Appeal held that the executive immunity given a vice president is absolute and that he could not be subject to criminal prosecution in any court, including the Code of Conduct not Tribunal. Chapter five deals with the case of Godie Ikechi V Peoples Democratic Party in which the Federal High Court held that a political party must act in accordance with its constitution and the constitution of the Federal Republic of Nigeria.

The book ends with comprehensive indexes of i) Reported cases ii) Subject matter iii)Nigeria cases and a list of justices of the court of Appeal and of the Supreme Court. The industry of the counsel and the genius of the judges that sat on the cases at the various levels deserve commendation.

A review is not supposed to “help” the reader out of the reading experience. It is an attempt to prepare the reader for the intellectual ‘adventure ahead of him. Hon Justice Dahiru Musdapher’s lucid “Foreword” vividly put the “thorny issues” raised in the cases reported in their proper perspective. These issues are no doubt thought provoking. Former Vice President Atiku Abubakar’s involvement as the “trigger puller” Justifies the, sub-title. “The Atiku Abubakar cases”. At a broad level, the issues thrown up by the cases and the surrounding circumstances bring into the front burner the following dimensions, which cannot but attract the attention of the discerning mind.

There is no craving more deep rooted in human beings than the craving for Justice it is a fundamental law of life Every school of legal thought gives justice a supreme place Plato defines it as “a kind of natural harmony and healthy habit of mind” Justinian held that it is “the constant and perpetual will to give every man his due”. In the pursuit of justice Aljhaji Atiku Abubakar did not entertain any dread of the lonely path.

Constitutional government connotes, not just a government under a constitution, but rather government under a constitution which has the force of a supreme, over-riding law, and which imposes limitations on it.

Constitutionalism has come by and large to presuppose a written constitution as a supreme over- riding law. As Nwabueze eloquently put it.

Government is a creation of the constitution. It is the constitution that creates the organs of government, clothes them with their powers and in so doing delimits the scope within which they are to operate.

A government operating under such a written constitution must act on accordance therewith. Any exercise of power outside the constitution or which is unauthorised by it is invalid. The constitution operates therefore with a supreme, over-riding authority” .

The state under conditions of democratic morality, is/and could only be “a state of law”, “a state founded on law”, “a state based on law”, “in short,” “a law-governed state”. The concept of “a law-governed state” expresses the notion that state power the power to govern the affairs of man in society, is not just arbitrary power, but one that should be exercised in accordance with definite procedures and rules. In more succinct language the State denotes power and force exercised only “in the name of the law”, a legal order, a body of laws that regulates, conditions and qualifies the exercise of power backed by force within a given community. A lawless state or an organisation of power and force unregulated by law or not exercised in accordance with law is the very antithesis of “a society in which legality reigns”.

An independent, fearless and impartial judiciary is the greatest pillar of any democratic government. It is indeed beyond dispute that respect for the law is one of the principles which have come to be regarded as essential to the effective and just operation of popular government.

In fostering this principle, the role of the judiciary is crucial, for in the words of Mr. Justice Arthur Vander built:

It is in the courts and not in the legislature that our citizens primarily feel the keen cutting edge of the law, if they have respect for the work of the courts, their respect for law will survive the shortcomings of every other branch of government but if they lose their respect for the work of the courts, their respect jar law and order will vanish with it to the great detriment of society.

The decisive role of the court in relation to good governance arises inexorably from the concepts of government of laws, government under law or the rule of law. It arises because in a constitutional government, only a court of law has the power and the right to say authoritatively, and with finality and force binding on all, including the government, what the law is that governs or rules the lives, affairs and actions of people in the country, And “once it has spoken, then its decision or order, however perverse or blatantly wrong it way be, establishes, again with binding force, the law on the point in issue, unless and until it is reversed on appeal by a higher court (Nwabueze 2009:84). Neither the government nor anyone else has the power or the right to substitute and apply their own view of the law or preference to that of the court in a matter affecting the lives. affairs and actions of other people.

“To admit nut any such power or – right in anyone, the government included, would only lead to anarchy, to the substitution of the rule of the jungle for the rule of law.

There is a linkage between courts and politics. Politics in this context does not carry the pejorative connotation of “jobbery” or “partisan manipulations.” It refers to the processes concerned with the authoritative determination of a society is goals and ideals, the distribution of rights duties costs, benefits, rewards, and punishments among members of that society. The courts and judges are, to a greater or lesser extent. major participants in there processes: their role is, however, secondary and subsidiary to that of the real policy-forming instruments of government the executive and the legislative.

The unprecedented split in the Nigerian presidency in 2006 is a breach of the unity of the executive. The principle of a single executive under the Nigerian presidency in 2006 is a breach of the unity of the executive. The principle of a single executive under the presidential system presupposes that for the purpose of election, a vice presidential candidate is “mated with the presidential candidate as in a marriage” (Nwabueze 2004:77) and “(A)s with two persons joined together in marriage, the electoral mating of the one to the other creates a kind of union or companionship between then in which the vice president is to stand or fall with the president” (ibid).

The seven cases reviewed in this book collectively or severally highlight one or other of the perspectives discussed above.

All things considered. I agree with Justice Dahiru Musdapher that this book is well-researched and chronicled “which makes it a worthy epithet to all lawyers and political actors”. I too commend the profound hard work that has been put into its writing. The book is a worthy addition to the growing body of informed and authoritative literature on Nigerian constitutional Law and democratic governance. Lawyers, law teachers and students alike, journalists, historians, political scientists, sociologists, public policy analysts, indeed, anyone who takes intelligent interest in the role of law in public affairs will find the book useful. I have no hesitation whatsoever recommending it to all.

December 10, 2013
Make Law School examination centre, says Falana

The Nigerian Law School should be converted to a qualifying examination centre, rights activist Femi Falana (SAN) has recommended.

Reacting to a media report on the alleged pathetic living conditions of students in the school, the lawyer said there is no sign that things will change.

In a statement, Falana said: “With rising population of students without commensurate facilities, the situation will continue to deteriorate.

“Apart from the dehumanising accommodation, thousands of indigent students cannot afford the fees currently charged by the law school.

“Before the situation gets out of control, the law school should be converted to a central qualifying examination centre while the courses taught there are transferred to the universities.

“Upon graduation, students should write a central qualifying exam conducted by the school.

“Lawyers trained abroad who wish to be called to the local bar should register and spend a year in the University of their Choice to prepare for the qualifying exam.”

December 10, 2013
Law School at 50

Established in Lagos in 1963, with eight students, the Nigerian Law School (NLS) was established by the Federal Government to provide a Nigerian legal education to foreign-trained lawyers, and to provide practical training for aspiring legal practitioners in the country.

Since its inception, the school has provided legal knowledge to over 90,000 students, some of whom have become world-class legal practitioners.

Last week, the Council of Legal Education rolled out thec drums to mark the school’s golden jubilee. The event hosted several alumni, including Chief Wole Olanipekun (SAN), who chaired the occasion.

In his remark, Olanikpekun who noted that he was delighted to be an alumnus of the school, caused a stir when he said: “We must come to terms with the fact that no government likes lawyers.”

The comment was greeted with spontaneous applause from the audience.

Olanipekun added: “With the exception of governments headed by lawyers, no government wants to see a lawyer. So, we look up to the day when Nigeria will be headed by a lawyer, who would change the destiny of the nation for good.”

He stressed the need to ensure the growth of legal education in Nigeria, saying: “I am a lawyer because I passed through the Nigerian Law School. Same applies to everyone here. As such, we have to put our hands together to ensure the growth and sustenance of our collective alma mater.”

The Deputy Director-General of the campus, Mrs Toun Adebiyi, praised Olanipekun for honouring the invitation to attend the event, despite his busy schedule. Calling for supports from lawyers, Mrs Adebiyi urged the alumni to contribute to an endowment fund created for development and to improve the quality of teaching in the school.

This was followed by an anniversary lecture by Dr Fabian Ajogwu (SAN), who is also an author. Ms. Ronke Osho, the Acting Head of Administration, read the profile of the lecturer.

Speaking on the topic: Legal education and the legal profession: A reality check, Ajogwu said it was regrettable that education standard was on a free fall, noting that the lackadaisical attitude of the government towards improving the quality of teaching was responsible for the presence of quacks in the profession.

He said: “Sound legal education is a prerequisite for the production of sound legal practitioners. Give a man a fish, and you would have guaranteed him of a meal. But teach him how to fish, and you would have empowered him for a life time. No nation can be built on falsehood. It is brains, not resources that develop a nation. The Nigerian legal system has produced the good, the bad and the excellent. What we must come to terms with is the fact that, the face of law has changed, and if legal education in Nigeria must survive, it must move with the trend.”

The Director-General of the Nigerian Law School, Dr. Tahir Mamman, said 50 years in the life of an institution was an important achievement. “We have decided to roll out our drums and celebrate in the various campuses. “We celebrate the achievements and contributions of this citadel to the development of law in Nigeria, and we look forward to a time when the society can come in and support it.”

The highpoint of the event was the donation to the endowment fund, which was opened by the Lagos State Governor, Babatunde Fashola (SAN), an alumnus of the school.

In his brief address, Fashola noted that he was fortunate to have studied in the Lagos campus because “I met people who, in many ways, helped to shape my knowledge of law.”

He went on: “Shortly after I became governor, I was invited by the Old Boys Association of my secondary school, but when I got there, I discovered, to my disappointment, that its structures had disappeared. I could remember my seat when I was a student there. But here, I am impressed that the structures of the Nigerian Law School are still intact.”

A law student, Favour Ede, said she was inspired by the status of the guests at the event, saying: “This is an indication that the legal education has come of age and is still growing.”

Guests at the event included former Governor of Lagos State Asiwaju Bola Tinubu, who was represented by the National Legal Adviser of All Progressives Congress (APC), Dr. Muiz Banire; Senator Daisy Danjuma and Mr O.C.J. Okocha (SAN), chairman of the Council of Legal Education.

Others were Deans of Law in Babcock University and Lagos State University (LASU); former Chief Judge of Lagos State Ade Alabi; Justice Rita Ajumogobia; Chief Judges of Ekiti and Ondo states and members of the Body of Benchers.

December 5, 2013
IBB, others: Supreme Court’s verdicts on Atiku cases enhanced democracy

IT was the gathering of who is who not only in the judiciary, but also in the society. Among the important personalities was former military President, Gen Ibrahim Babangida (rtd).

The venue was the Shehu Musa Yar’Adua Centre, Abuja where a book titled: Landmark Constitutional Law Cases in Nigeria, 2004-2007 (The Atiku Abubakar Cases) was presented.

The event, chaired by Gen. Babangida, was part of the activities marking Abubakar’s 67th birthday.

He said the Supreme Court’s decisions on the cases involving former Vice-President Abubakar have strengthened our democracy.

Gen. Babangida said: “He, Atiku Abubakar, will soon be knocking at our doors, those of us who are 70 years and above. I have great respect for the person and subject matter of the book and what it represents for our democracy. It dealt with such issues as the powers of the Independent National Electoral Commission (INEC) vis-a-vis the political parties to decide the choice of candidates

“The question of internal democracy, the decision of the court on affirmation, on the choice of candidates will help our democracy. Others include the removal of elected persons from public office, the decision of the court on this also deepened the rule of law in our democracy, protection of the inalienable rights of Nigerians including those in public offices.”

Babangida also said the role of the judiciary in constitutionalism is handled by the courts, noting that the summary of the book is that democracy works. He said Abubakar’s consistent resolve in the cases was a manifestation of his love for democracy and good governance and if not him, the democratic trajectory would have taken a different course.

He commended Abubakar for choosing the courts in resolving his grievances.

He called on Nigerians and political leaders to emulate Atiku in embracing the judicial process in resolving political and economic problems. He said as a politician, Atiku has not only proved himself an astute politician, but also a true democrat. Babangida said the dedication of the book to Shehu Musa Yar’Adua shows that Nigerians must not take this democratic experience for a ride, ‘’politicians must realise that what we enjoy today as democracy, is the product of sacrifice of many Nigerians”

The Interim National Publicity Secretary of the All Progressives Congress (APC) Alhaji Lai Mohammed, who represented the national leader of the party, Asiwaju Bola Ahmed Tinubu, said: “It was the failure of the powers that be in the first republic that led to the crises we had and the first military coup’d etat.

“As long as we continue to abide with the rule of law, we will enjoy our democracy, if we do otherwise, we will continue to grope in darkness.”

Former Attorney-General and Minister for Justice, Chief Michael Andoakaa, said: “The only way to justice in this country is for us to obey the rule of law.”

Atiku thanked the authors of the book – Dean, Faculty of Law, Nasarawa State University, Prof. Maxwell Gidado and Chudi Ojukwu – for their efforts.

He said: “We cannot remove people endorsed by political parties, governors cannot remove their deputies, elected officers can decamp their political parties and so on. Atiku commended the Nigerian judiciary for their consistence in defending our democracy by putting the nation first, stating that we must be a society of men who respect the rule of law.”

Rickey Tarfa (SAN), who described the audience at the book presentation as intimidating, said that the event coincided with the the 50th Anniversary of the Nigerian Law School,was significant. He said: “Those decisions changed democracy in Nigeria; they consolidated democracy because they consolidated the position of political office holders, his determination brought judicial intervention and in fact, we are celebrating the judiciary.

President, American University of Nigeria, Yola , Margee Ensign, said: “This landmark is book about the struggle to build and shape a new democracy in Nigeria.”

On why universities should be involved in this endeavour, she said: “William Harper, the first President of the University of Chicago in a speech in 1899 at the University of California, spoke eloquently about the democratic mission of the university. The university I contend is the prophet of democracy. It is the university that fights that battle of democracy, its war cry being “Come, let us reason together”.

“It is the university, that goes forth with buoyant spirit to comfort and give help to those who are downcast, taking up its dwelling in the very midst of squalor and distressIt is the university that is the interpreter of democracy, the prophet of her past, in all its vicissitudes, the prophet of her present, in all its complexity, the prophet of her future, in all its possibilities.’’

Ensign added: “As an American, reading this book has reminded me of the history of my own country. In America, the early years produced two different constitutions, separatist rebellions that had to be put down by force, and politics of an irrational viciousness now difficult to imagine. (Yes, worse than what we are experiencing with the tea party) . George Washington, George Washington! was accused by the opposition press of treason and having been in the pay of the British!

“I probably don’t need to remind any one here that you have gone through similar challenges as you build your democracy

In fact, this book is about how one man fought fought through the courts, in the time-honored democratic tradition to insure the success of democracy in Nigeria.

“In these cases, we read of the struggle to build democracy in the very difficult years of 2004-2007. We read of how Presidential power always contentious in any democracy was reigned in. When the President sought to ignore the constitution and dismiss the Vice President by fiat, that Vice President fought back. In so doing, he helped to cement into the Nigerian body politic the principle of separation of powers.

“We read of how the Independent National Electoral Commission (INEC) was prevented from throwing an election. The Commission was forbidden to arbitrarily disqualify duly nominated candidates from legally running for office. It is now cemented in freedom of elections. We read of how the fundamental right of executive immunity from prosecution was upheld.This is an ancient and crucial principle in the Anglo Saxon democratic tradition that your country and mine share. It means that the officers of the government cannot be arbitrarily intimidated.”

Ensign continued: “We read how political parties were compelled to abide by their own rules, and by the rules of the Federal constitution. Thus the fragile young electoral process was defended.

“These court cases are the stories of how a modern democracy is built, stone by stone, decision-by-decision, law-by-law.

“They show us the reality of the separation of powers, and of the rule of law.

“They remind us that building democracy is never easy; that building democracy is always fraught with conflict; and that building a democracy requires Of us all the courage and the commitment. The vigilance, the courage and the steadfastness shown in these cases by Atiku Abubakar.”

December 3, 2013