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Tag: LAW

  • Contest for NBA Lagos Secretary’s office hots up

    Contest for NBA Lagos Secretary’s office hots up

    CAMPAIGN for the secretaryship of the Nigerian bar Association (NBA), Lagos branch, has hot up ahead of its July 18 election.

    Mr Babatola Akpata and Mr. Chukwuma Ezeala are in the race, which sources say is full of intrigues.

    Below is the profile of the contestants. Babatola Sunday Akpata and Chukwuma Ezeala Akpata holds LL.B (Hons) Second Class (Upper Division) from the University of Ilorin. He also graduated from the Nigerian Law School, Nigerian Law School, Bwari, Abuja with a Second Class Upper Division.

    Akpata is an an Associate in the law firm of G. Elias &Co. He is a member of several professional groups, including the NBA, Nigerian Environmental Law Society (NELS), Young International Arbitration Group (YIAG) of the London Court of International Arbitration, Young Arbitrators Forum of International Chamber of Commerce.

    He is a Notary Public, Associate Chartered Institute of Arbitrators (ACiarb), United Kingdom, Associate, Business Recovery and Insolvency Practitioners Association of Nigeria, Associate Chartered Institute of Taxation of Nigeria.

    Apart from the short period he worked with Shendam Local Government (October 2002 – August 2003)

    Akpata has worked with leading commercial law firms in the country, including Aluko & Oyebode, where he was an Associate (June, 2002 – September 2002) and G. Elias & Co., (Associate) (September, 2003 – date).

    He has such international exposures and experiences of a contemporary lawyer, not only in law practice, but in other fields of professional endeavour.

    He attended seminars and workshops organised by such globally acclaimed consultants as Smith Consulting: Accounting and Finance Course for Lawyers (2002) Newman Module: Nigerian Petroleum Profit Tax Act: Structure and Administration (2003), Bripan: Banks’ Loans Documentation and Recovery (2004). Admiralty Resource Services: Marine Insurance Seminar (2005) IBA: Developing Energy and Mining Projects in Emerging Markets (2006) MAAN: Arbitration in the Marine Industry (2010)

     

    EZEALA holds an LL. B.)BL. and ( LL. M.) (Lagos),is the Managing Partner, Chancellor Chambers,based in Victoria Island, Lagos.

    He is a Notary Public and a Chartered Arbitrator/Mediator and Conflict Resolution Specialist.

    He works with the Civil Society Organisation ( CSO) of Development for Good Governance. Ezeala has developed expertise in several aspects of practice, having cut his legal teeth as Counsel in Shitta Bay Law Office, Lagos. He has expertise in company matters, capital markets, negotiations, arbitration and litigation.

    As the Managing Partner of Chancellor Chambers, Ezeala recruits, trains and manages young and middle management lawyers and mentors young lawyers.

    A consummate Bar man, he has served the Bar in several capacities. He was a Member of the NBA Lagos Executive between 2009 and 2011; Secretary, Law Summit 2011; Vice Chairman, 2009 Conference Planning Committee, Secretary, Human Rights Committee, Assistant Social Secretary, Ex-Officio Member; Member, NBA National Welfare Committee, and Member, NBA Delegation to Pro Bono Conference, Berlin, Germany.

    A member of the International Bar Association (IBA) and Commonwealth Lawyers Association (CLA), he has received world-class training in leadership at the Leadership Training Institute, Arlington, Virginia, USA.

    A Christian, Ezeala has served the National Association of Catholic Lawyers, Lagos, as Secretary (2003 – 2005), Vice President (2007 – 2011) and President (2011 – till date).

    In similar capacity, he has served as the In-House Counsel of the Catholic Secretariat of Nigeria as well as the National Co-ordinator of the secretariat’s Justice, Development and Peace Commission (JDPC). Much of his early experience in facilitating engagement with government agencies, in conflict mediation and peace-building was gained during this assignment.

    He has also served on the boards of some Non-Governmental Organisations (NGOs), which had sought to address institutional and social impediments to full democratisation in Nigeria.

    Under his watch, the Democracy and Good Governance in Nigeria project of the JDPC engaged in capacity building for the 50 diocesan branches for better engagement of the populace, in fostering democratic ideals and structures, and in peace building initiatives.

    Ezeala was the team leader and co-editor of JDPC’s Final Statement on the 2003 general elections. He co-developed manuals for its domestic observers in Nigeria’s 2007 Elections. He has gained substantial capacity in good governance and conflict resolution, especially on electoral process. He has considerable experience in training and building the capacity of civil society organisations in initiatives aimed at deepening democratic values.

    Between 2006 and 2007, Ezeala was on leave-of-absence as the National Programme Manager/NACOREV campaign coordinator (Nigeria Office) for a South African NGO IDASA in its DFID-funded programme on ‘Reduction of Violence in Nigeria’s Elections.’

    As Researcher/Consultant with International IDEA (South Africa), Ezeala helped to deepen Nigeria’s electoral practice jurisprudence through his seminal work, The Legal Framework and the Conduct of Tribunals in the 2003 Nigerian General Elections. He was between 2004 and 2006 the Executive Director of Salamafrika International. In this capacity, he was Technical Advisor to NGOs working on peace, good governance and parliamentary advocacy projects. He also advised civil society monitoring and observation groups, provided technical support in the design and implementation of strategic plans, trained educational institutions personnel in good governance and human rights legislation, and designed public participation processes.

    Aside facilitating the resolution and management of community conflicts, Ezeala provided technical assistance to communities dealing with democratic/transitional issues. It was in this capacity that he developed model constitutions and bye-laws aimed at reducing conflicts in trade and town unions. As a consultant on election matters, He has assisted organisations and public agencies to develop conflict mitigation strategies.

    These experiences have exposed Ezeala to diverse persons, groups and management systems, enabling him to hone his skills in capacity building, personnel management, and financial management/budgeting. Also thanks to these experiences, his network of contacts in the governmental, professional, NGO and civil society sectors are outstanding.

    Ezeala is married and has children.

     

  • Estate subscribers seek N5b compensation over demolition of houses

    The Federal Capital Development Authority (FCDA) has been faulted over its demolition of about 500 houses in Minanuel Estate in Abuja.

    Subscribers to the estate on Airport Road, demolished last October by FCDA officials, who allegedly acted with the support of the Federal Capital Territory Administration (FCTA), said due process was not followed in the demolition.

    Their lawyer, Chris Uche (SAN), argued last week, at the resumed hearing of his clients’suit instituted by the subscribers, that the demolition was “punitive, discriminatory and inhuman”.

    He further argued that the Minanuel Estate project was singled out for demolition. He noted that other similar ongoing estate projects in the area were not demolished.

    Uche cited the Royal Fort Estate, Set Time Estate and NNPC Cooperative Society Ltd Estate that were not demolished.

    He spoke while cross-examining a defence witness, Abubakar Suleiman before Justice Danladi Senchi of the FCT High Court, Wuse.

    Sulaiman, a Zonal Land Manager FCDA, who had earlier admitted seeing some approval documents in relation to the Minanuel Estate project, denied seeing letters conveying approval for the development of the estate.

    He also denied that the demolition was discriminatory. He said other estates in the area were spared on the intervention of the National Assembly.

    The subscribers have denied a claim by the defence that it served them with notices of demolition.

    They also opposed move by defence lawyer, Joe Gadzama (SAN), to tender documents to support its claim, arguing that the documents were not pleaded.

    Led in evidence by Gadzama, FCDA’s District Officer in Charge of Town Planning, Adamu Garba, told the court that his colleagues served “Stop Work”, “Quit” and “Demolition” notices on Minanuel estate owners long before the demolition was effected.

    Gadzama sought to tender invoices for advertorials published by his client in some national dailies and on a radio station, in respect of the estate.

    His move was opposed by Uche, who argued that the documents were not pleaded.

    On Thursday, Justice Senchi admitted the documents and photographs on the ground that they were relevant to the case.

    The plaintiffs, who named FCDA, FCTA and FCT Minister, Bala Mohammed as defendants, are among others, seeking N5billion compensation.

     

  • Ghana cabinet approves anti-terrorism amendment law

    Ghana cabinet approves anti-terrorism amendment law

    The Ghanaian cabinet has approved the anti-terrorism amendment law and forwarded the same to the Parliament.

    Mr Ibrahim Mohammed, Deputy Minister of Information and Media Relations, made this known on Monday during a media briefing in Accra.

    He said the amendment was necessary following increased threat of terrorists attacks in the country.

    The minister further said that the law when operational would enable the country have the powers to punish groups and individuals involved in terrorism.

    “Currently, Ghana cannot punish or freeze the accounts of groups or persons engaged in terrorism without first referring to the UN Security Council Laws.

    “The passage of this amendment after parliament’s approval will enable Ghana as a state to punish groups and individuals found culpable in the menace,’’ he said.

    He said apart from domesticating the law, the amended portion would also empower the courts to give stiffer punishment to those engaged in the practice.

    Mohammed further stated that Ghana’s Whistle Blowers Act would be extended to politicians and public office holders to also enable them to check the activities of private sector operators.

    “Whenever we talk of transparency and accountability, the focus has always been on public officials and politicians, forgetting that the private sector is also corrupt,’’ he said.

  • Court declines to hear motorcyclists’ suit on Lagos traffic law

    COMMERCIAL motor cyclists popularly known as Okada riders have lost a fresh battle to challenge the validity and constitutionality of the Lagos State Road Traffic Law.

    A Federal High Court sitting in Lagos has declined to entertain a suit filed by some of them challenging the constitutionality of the Lagos State Road Traffic Law.

    Justice M. B. Idris in his judgment upheld the submission of the Lagos State Attorney-General, Ade Ipaye that the suit constituted an abuse of court processing, a similar suit having been filed by the Applicants’ parent association before the High Court of Lagos State.

    Justice Idris agreed with Ipaye’s argument that the first Claimant in Suit No. ID/713M/12 at the High Court of Lagos State is the Incorporated Trustees of All Nigerian Autobike Commercial Owners and Workers Association, the Federal High Court found that all the Applicants before him were also members of the same Association.

    The court, therefore, held that, although both the Federal and State High Court concurrent jurisdiction to entertain matters of human rights enforcement.

    The trial judge held that the state court in this case was better placed to handle the matter.

    The judge said he arrived at this decision on the premise that the matter in the State High Court was the first one to be filed and that the matter bordered on the constitutionality of a law passed by the State House of Assembly.

    The judge condemned the practice of litigants who file processes in different courts in respect of the same matter.

    According to him, “We must prevent a situation where we allow litigants to obtain conflicting decisions from courts of coordinate jurisdiction in respect of the same subject. This matter is therefore transferred to the High Court of Lagos for proper adjudication.”

    It will be recalled that Justice Aishat Opesanwo of the High Court of Lagos State in a judgment delivered on December 13, 2012 upheld the validity and constitutionality of the Lagos State Road Traffic Law.

    Commenting on the decision, Ade Ipaye commended the decision as another progressive step.

    “We all have a duty to ensure that the processes of our Courts are not abused through forum-shopping litigation.

    “We advise the plaintiffs to partner with the State Government in our quest to provide affordable mass-transit system for all the citizens.”

  • Akpabio seeks enthronement of rule of law

    Akpabio seeks enthronement of rule of law

    Akwa Ibom Governor Godswill Akpabio has called for the enthronement of the rule of law in Nigeria.

    He said citizens must insist that the government at all levels do things in line with the Constitution.

    This, he said, is the only way to sustain the country’s democracy.

    Special Assistant on Media to the governor, Deacon Jackson Udom, in a statement, said Akpabio spoke while fielding questions from reporters on his return from the Commonwealth Lawyers Conference held in South Africa.

    The conference’s theme dwelled on the promotion of rule of law and democracy in Commonwealth countries.

    The governor, a lawyer, was the moderator at the closing ceremony of the event which hosted lawyers from 54 countries.

    “We were there to promote the rule of law and democracy in our countries,” Akpabio was quoted as saying.

    The Governor had emphasised the need for those in positions of authority to abide by democratic principles and processes in governing the electorate.

    On the concluded Peoples Democratic Party (PDP) zonal meeting of the Southsouth Region in Asaba, Delta State capital, which had governors, Senators, House of Representatives members, Board of Trustees (BOT) members and state chapter chairmen from the zone, Akpabio said the gathering appraised the challenges facing the party and the nation.

    According to him, the meeting passed a vote of confidence on President Goodluck Jonathan for his effort in improving the country’s infrastructural , especially the construction of East-West Road, building of railways and airports, among others.

    Akpabio said the present security challenges of the country would soon be a thing of the past.

    Also commenting on the just-concluded Southsouth and Southeast governors meeting in Asaba, the Governor said it was aimed at bringing back the unity of the defunct Mid-Western and Eastern Regions by forming “monolithic blocs” for political unification and economic co-operation.

    He said the forum explored how to enhance economic re-integration between the two geo-political zones.

    It also considered the possibility of rehabilitating regional infrastructure such as the federal roads and rail system, and looked at how to harness the regions’ coastal and marine areas for transportation.

    Also considered was the dredging of sea ports in Rivers and Cross River States, as well as the Ibaka Seaport in Akwa Ibom for moving of goods, Akpabio disclosed.

     

  • Law to protect HIV patients underway

    A bill seeking to stop discrimination against HIV patients scaled second reading in the Senate yesterday.

    Chairman of the Committee on Health, Senator Ifeanyi Okowa, is the sponsor of the bill entitled: “A bill for an Act to make provisions for the prevention of HIV discrimination and to protect the human rights and dignity of people living with HIV and affected by AIDS and other related matters 2013.”

    The bill is seeking to outlaw the stigmatisation of HIV positive persons in all its ramifications.

    In his lead debate, Okowa (Delta North), noted that Nigeria, with a national average zero-prevalence rate of 4.1 per cent and estimated population of over 150 million people, the country has a huge burden of HIV infections.

    He noted that though a lot of interventions have been taken place in the HIV response in the country, significant gaps still existed.

    The lawmaker said that about 1.5 million Nigerians living with HIV required treatment.

    He said that 1,000 new infections occur daily.

  • Offa/Erin-Ile clashes: Communities urge Kwara to obey rule of law

    The communities of Offa and Erin-Ile in Offa and Oyun local governments of Kwara State have said an acknowledgment of the rule of law by the Kwara State Government is the antidote to recurring communal clashes between the two communities.

    They urged the state government to muster enough political will by enforcing its laws to bring perpetrators of wanton destruction of life and property in the two communities to book.

    The two communities made the submissions in their separate memoranda at the Kwara State Judicial Commission of Enquiry into the recent Offa/Erin-Ile crisis in the state.

    Offa community, through its counsel Rafiu Lawal-Rabana (SAN), appealed to the government to revisit the recommendations of the Justice Hannah Ajayi panel on the 2006 disturbances with a view to either acquiring the disputed land for use as an industrial layout or establish an institution there.

    Offa also recommended the “relocation of motor parks from Idigba and Agejunle (Federal Polytechnic) to police junction Erin-Ile and Idiogun in Offa in compliance with the state government’s directives; the Kwara State Government, particularly the security agencies, should check the excesses and total disregard for the rule of law by the National Union of Road Transport Workers as evidenced by their wanton destruction of farmlands and property of Offa indigenes and the illegal arrest and harassment of Offa people; the subsisting boundary lines established by the government of Col. Ibrahim Taiwo in 1975 based on a peace accord signed by the representatives of the two communities (Offa and Erin-Ile) on November 21, 1975 as a result of the recommendations of the committee of eminent traditional rulers in the state; the boundary of Offa Local Government as delineated at its creation in 1991 out of Oyun Local Government be maintained and the Kwara State Government should invite the National Boundaries Commission to confirm the boundary of Offa Local Government when it was carved out.”

    In its recommendation, the Erin-Ile community through its counsel, Olukunle Alabi, urged the state government to obey court orders by “implementing the pertinent judgments of the courts (Supreme Court judgment of 10/12/1973 and the Court of Appeal judgment of 20th September, 2012) in the interest of lasting public peace, law and order.”

    Erin-Ile equally enjoined its sister community to “set in motion the appropriate structure and machinery for the resuscitation of Offa-Erin-Ile communities’ smooth interactions and the way forward towards the socio-economic development and sustainable progress on enhanced and permanent basis.”

     

  • Jonathan signs Budget 2013 bill into law

    Jonathan signs Budget 2013 bill into law

    Sixty eight days after the National Assembly passed the 2013 Appropriation Bill, President Goodluck Jonathan yesterday signed the bill into law, in a major twist to the controversy over the financial plan.

    Before the Presidential action, there was tension as the House of Representatives. The lawmakers went into a two-hour closed-session where they decided to go tough by today should the President fail to sign the bill.

    President Jonathan on October 10, last year presented the bill which the National Assembly passed on December 20.

    Presidential spokesman Reuben Abati in confirmed that Dr. Jonathan had signed the bill.

    The statement titled: “President Jonathan assents to the 2013 Appropriation Bill”, hesaid:

    “Following consultations and an agreement between the Executive and the Legislature on the 2013 Appropriation Bill, President Goodluck Ebele Jonathan today signed the bill into law.

    “President Jonathan wishes to reassure all Nigerians that the consultations have been in the best interest of the country, and in pursuit of understanding and mutual cooperation between both arms of government.

    “A part of the understanding reached with its leadership, the observations of the executive arm of government about the Appropriation Bill as passed by the National Assembly will be further considered by the National Assembly through legislative action, to ensure effective and smooth implementation of the 2013 Appropriation Act in all aspects.

    “Te administration remains fully committed to the positive transformation of the country, and effective and efficient service delivery for the benefit of all citizens.

    “Al Ministries, Departments and Agencies of the Federal Government have therefore been directed to work very hard to ensure that all the services, projects and programmes contained in the budget are successfully delivered on schedule in spite of the slight delay in its enactment.”

    The President had withheld his assent due to what was described as ‘grey areas’ in the budget. The budget as passed by the National Assembly was said to be unrealistic, unimplementable and out of tune with the present economic realities.

    Present at the signing ceremony were Vice President Namadi Sambo, Senate President, David Mark, House Speaker Aminu Tambuwal, Petroleum Minister, Diezani Allison-Madueke, National Assembly Presidential Liason Officer, Mrs Joy Emodi, the Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, Director-General of the budget office, Dr. Bright Okogu and Minister of National Planning Commission, Dr. Shamsudeen Usman.

    Journalists were not allowed into the venue of the signing ceremony. Those who attended declined to speak to reporters.

    The budget was based on an assumption of a $79-per-barrel oil benchmark, higher than the $75-per-barrel proposed by Jonathan and up from $72 for last year’s budget.

    The global oil price is at almost the same level as a year ago.

    The budget assumes oil production of 2.53 million barrels per day, up slightly from 2.48 million bpd in the 2012 budget and at the top end of actual output this year.

    It also assumes that economic growth this year will be 6.5 per cent, inflation 9.5 per cent, and an exchange rate of N160 to the dollar.

    House Spokesman Zakari Mohammed told reporters after the closed-session that having passed the budget since December, the country could no longer wait for the President to assent to the bill.

    President Jonathan sent a budget of N4.9.24 trillion to the National Assembly but the lawmakers passed N4.987 trillion leaving a difference of N63b.

    Some of the areas of disagreement on the bill are the carry over of the Capital component of the 2012 budget to April this year, quarterly briefing for the National Assembly by the Minister of Finance, and zero allocation forthe Securities and Exchange Commission (SEC) among others.

    The senate also explained the controversy over constituency projects. Senate spokesman Enyinnaya Abaribe said: “All issues have been resolved.

    “There is nothing like the National Assembly padding projects, that doesn’t happen and can never happen.

    “For those who are aware, there is always a specific amount of money and that does not equate to padding.

    “What we do in constituency project is that there is a specific fund kept aside so that members of National Assembly can also bring things to their various constituencies.

    “When there is announcement that people should bring their projects, it is also within a particular volume of fund and it is expended by various ministries.

    “So, I don’t think that whatever problem they had with the budget had anything to do with constituency projects,” he said.

    Abaribe said there is the tendency for Nigerians to think that when constituency projects are mentioned, that Senators or members of House of Representatives are given funds to spend.

    “What happens is that Senators are given a list of projects by the Executive and these projects are in specific areas.

    “It is either in education or in terms of health or water and when they put the particular area they want, the different ministries, departments or agencies go ahead to award their contracts,” he said.

     

  • Bowen varsity starts law with 50 students

    Bowen varsity starts law with 50 students

    Bowen University, Iwo, Osun State has strated its Law programme with 50 pioneer students.

    The inaugural session and dedication of the faculty was held last week following full approval of the programme by the National Universities Commission (NUC) and the Council of Legal Education.

    Addressing the students, the Dean Faculty of Law, Prof Jonathan Fabunmi urged them to be focused on the goal of becoming well-trained lawyers.

    He said: “As students of Bowen University, you are faced with challenges of striving to be the best and as pioneering students of Law Faculty, you are faced with even greater challenges. Not only must you strive to attain the degree of excellence for which Bowen is known, you must also strive to meet the requirements of the legal profession to which you are aspirants. You belong to a legal profession, a noble profession, a pathfinder, you are, therefore, expected to give your best at all times and be a light to others.”

    He also admonished the students to uphold the principles of excellence and godliness as espoused by the university’s founding fathers, saying since the establishment of the university 10 years ago, the principle has been faithfully observed.

    Going down memory lane, Fabunmi said the Prof Adebisi Adebowale-led Council of the university took a decision in 2010 to establish a Law Faculty. A committee was set up which prepared the academic brief. The Law Library and other infrastructural facilities were put in place, while academics were recruited, and other requirements of the NUC for establishing a Law Faculty met.

     

     

     

  • Ekiti may enact law to protect public school buildings

    Ekiti State Governor Kayode Fayemi has said the government is working on a bill to prevent the damage of buildings and property in public schools.

    He said the bill would soon be forwarded to the House of Assembly for passage into law.

    Fayemi spoke at the weekend in Ado-Ekiti, the state capital, during the maiden edition of a live interactive Radio and Television programme with primary school pupils, tagged: “Meet Your Governor”.

    He urged pupils to guard their schools’ property jealously to maintain a conducive learning and teaching environment.

    Fayemi said some of his achievements in his two years in office include the building of roads, water projects and the provision of solar-powered laptop computers for secondary school pupils.

    Answering questions on sports, the governor said his administration would continue to develop budding talents in sporting activities.

    He said the establishment of the proposed Sports Academy was in progress.

    Fayemi urged parents to ensure that their children enjoy the free, compulsory and qualitative education that is being provided by his administration.

    He noted the brilliant performances of the pupils during the programme and urged the organisers to make the programme a regular one.

    Chairman of the State Universal Basic Education Board (SUBEB) Prof. Modupe Adelabu said she was impressed with the performance of the pupils.

    She said public schools in the state have greatly improved and advised parents to enrol their children there.

    Also at the weekend, old students of Ola Oluwa Muslim Grammar School, Ado-Ekiti, hailed Fayemi for renovating 100 of the 180 public secondary schools in the state.

    Ola Oluwa Muslim Grammar School was one of the schools renovated in the first phase of the recently completed Operation Renovate All Schools in Ekiti (ORASE).

    In an appreciation letter to the governor, the old students thanked Fayemi for turning their alma mater into a “mini university campus”.

    The letter was jointly signed by the Ola-Oluwa Old Students Association President, Lt.-Col. Tajudeen Olabode; Secretary Mr. Fatai Adeyoju and the Public Relations Officer (P.R.O.), Mr. Popoola Ojo.

    The old students also hailed the governor for numerous projects being executed by his administration across the state.

    The letter reads: “We were short of words when we visited the school recently by the extent of the renovation work that has given the school a new look, such that it is now being referred to as a mini-university campus.

    “You did not only renovate blocks of classrooms, but virtually rebuilt a building that was about to be demolished, due to its decrepit state. We hardly recognised the building, if not that it still stands on the same location.

    “We are particularly grateful for the renovation of the Sheik Ibiyemi Multipurpose Hall, which you have virtually rebuilt and completed with PVC ceiling, window, roofed with red Aluminium long span and painted.

    “Your administration has taken a huge burden off our shoulders, as we have been contemplating how to put resources together to renovate dilapidated buildings in the school.

    “We assure you that we shall maintain the renovated buildings, so that they will never go bad again.

    “We also thank you for all the developmental projects your administration has embarked on in Ekiti State, which are too numerous to mention. We pledge our support for your administration in your bid to take Ekiti to greater heights.

    “We also seize this opportunity to congratulate you on your recent receipt of the Leadership Award as the ‘Governor of the Year’. We are convinced that you truly deserve the honour. May you continue to glow from glory to glory.”