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Tag: LAW

  • ‘How Law changed me’

    ‘How Law changed me’

    Like his engineer dad, Stephen Omoyola was good with computers. But he also excelled in and derived joy from helping people to solve their problems. Five years after becoming a lawyer, Omoyola looks back at how legal practice has impacted him and how he intends to make his mark in the profession. He shared his story with IREDE OKOROAFOR.

    My name is Stephen Omoyola. I am from Ipe-Akoko in Akoko South East Local Government Area (LGA) of Ondo State.

    Background

    My dad is a computer engineer. My mum is a businesswoman. I am the second child and first son of a family of six children. My parents are the generation that demands every child must go to school and, due to this belief, every child in the family is educated at a minimum of university level. I attended Primary School at Empire International Schools, Lagos and also proceeded to attend secondary school at State Senior High School, Alimosho, Lagos. There are several lawyers in my family but my parents are not lawyers.

    Why I chose Law

    Growing up, I loved to take people’s burdens and help resolve them. I derive joy in resolving disputes and doing research. To crown it all, I was excelling easily in Arts-related subjects. I just knew Law was my career path.

    Love for computers

    If it was not Law, it probably could have been IT-Related Courses. I was also very good and intelligent with computer-related devices generally, which was the result of constantly being around my father who is a computer engineer.

    Law School

    I attended Adekunle Ajasin University Akungba Akoko, Ondo State. I graduated in 2017 and proceeded to Law School in 2018.

    Law school was not difficult. We had been trained in the university, and, as a result, we were already used to reading, taking multiple exams in a day and lots of exams in a week. Back in the university, we took all Law exams within a week and sometimes a student could find himself writing about two law exams in a day. Law school was tedious but we had been trained, so it was easy to adjust.

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    Awards

    I did not get any awards though.Law school was highly competitive as awards were only given to the best students in different courses. We studied five courses throughout the one-year programme which was taken by students across all the universities in Nigeria at different Law School campuses in the Federation. Only the best of the best got an award.

    Call to Bar

    Friends celebrated me across all social media platforms; there were calls from family and friends.I didn’t get to throw a large party but yes, it was celebrated in the best way affordable during the period.

    How becoming a lawyer changed me

    My financial status changed. Anytime I look back and think about how I started and where I am today, I am always grateful to God for how far he has taken me. I had to set up my Law Practice ‘Omoyola & Co. Legal Practitioners in 2021 after I had worked with top firms for a couple of years, fresh from Law School. It was evident I needed a new form of challenge. I also wanted to have my time to myself.

    Law School grading system

    The Law School grading system is quite unfortunate as it doesn’t give room for weakness in any subject. Students are graded by the least of their grades. An example is that if you take five courses and fail one, you will go back for a re-sit. You are expected to pass all five courses. Also, if you had an ‘A’ grade in four courses and a ‘C’ in one course, the final result will be graded in the lowest grade which is a ‘C’ and that is a PASS Grade

    A student’s performance is based on the least of course grade and not the overall good performance. I don’t think it needs to be scrapped though. Students may find it devastating but in the long run, legal practice is a thing of experience, skill and information; your grades do not really matter in the real world, although it is a good leverage starting out in the real world.

    Why wig and gown should stay

    The wig and gown was a policy copied from the British. The British have since abolished that system of dressing. I do not think it needs to be abolished as a lawyer can appear in lower courts such as magistrates’ or customary courts without a wig and gown and is only expected to wear it at superior courts in Nigeria. The only challenge we have as lawyers is the courtroom environment; if it is conducive at all times, then putting on a wig and gown should not be so difficult.

    SAN, Professor or Judge?

    I am already on the route to becoming a Senior Advocate of Nigeria (SAN). It has always been my aspiration.

    Marrying a lawyer?

    My fiancé is a lawyer. What is important is the character of the spouse and not the profession.

    The future

    Developing myself more and starting a family. I am also considering other lucrative business start-ups that can be easily managed without hampering my career path.

  • Law, not an ass after all!

    Law, not an ass after all!

    To the vociferous few who have sought to strip the law of common sense and its supreme evidential correlates, the unanimous decisions of the five eminent justices of the Presidential Elections Petitions Tribunal, which affirmed the election of President Bola Ahmed Tinubu at the February 25, presidential elections, may have come across as profoundly stunning.

    For the greater majority of Nigerians however, the judgment, rich in rigour, lucid and resounding in its clarity, could not have been otherwise. For far from being mere reminders of the saying about the law not being an ass, the justices, right from the artful ways they set out the issues from the copious submissions of the parties, to their well-reasoned submissions on every single item in contention; they left little doubts what their jobs were: to deliver justice to the parties in accordance with the strict dictates of the law; to teach the hordes of deluded and obviously miseducated throng that call themselves Obidients that their high decibel chants were mere gas; that all that matters in the end is the spirit and the letters of law.

    It is certainly a new day that the justices achieved these and perhaps more. Of course, we had a presidential election whose result was disputed by the leading contenders. But that could hardly have been the problem since every electoral cycle since the beginning of the fourth republic has always been like that. In any case, the Electoral Act makes ample provisions for judicial review and political actors have been known to take advantage of this provision to run the process through the judicial route.

    The 2023 presidential electoral cycle was however different. Clearly, if muck raking was barely permissible in the contact game that politics is; the opportunistic attempts at delegitimatisation of the process on account of perceived glitches; the cheap but choreographed misinformation campaign designed to promote confusion and anarchy, the supplanting of facts with fantasies by dwellers of that alternative world divorced from reality, right up to the ceaseless but utterly baseless attacks on judges and the judicial institution by supporters of the losing parties, and some so-called lawyers, are/were, to put it mildly, unprecedented.

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    Have things calmed a bit? For now, it is still early to say; at least, not with those talking heads with their sorties of talking points still unrelenting in their opportunistic mind games. In all, my worry is not that the matter is one that every Nigerian have opinions, but rather, the fact that those who should help illuminate the raging issues are actually the ones stoking the embers of confusion and possible anarchy.

    The other day, I watched on Arise TV, a supposed senior lawyer, impugn the integrity of their Lordships at the Supreme Court on a case that is yet to be brought before them. When cautioned by the moderator, he simply retorted that he knew the consequences of his utterances and couldn’t care. The same individual would on the same programme pronounce with magisterial authority, that the members of the PEPT were wrong in not taking public opinions to account (apparently in the absence of evidence) to arrive at their judgments! Talk of a leading lawyer defecating in the communal pond in an unguarded, politically charged moment!

    Muddled as the attempt by the petitioners was, it is certainly to the credit of the justices that they helped to delineate the issues. It was not to be An Excursion into Frivolities, as the baying Atikulated mob had sought to frame it. Neither was it a Journey into Fantasia-land as their counterpart, the Obidients, had sought to convince world. Theirs was serious business that required proofs, iron cast proofs.

    In this, the President Election Petition Tribunal (PEPT) made clear that their work is essentially about the process and the outcome of the February 25 poll. Whereas the 1999 constitution of the republic and the Electoral Act, were to constitute their standards, the Evidence Act would provide the guidance. The matter, as the eminent jurists apparently understood it, required neither forays into the national archives nor ego trips to Chicago or wherever, to establish. The petitioners had alleged and so must carry the burden of proof. It was as much about who won the election as it was about whether the electoral umpire, was in substantial compliance with the dictates of the law.

    There were other issues which the PEPT touched upon, such as the status of Abuja in the electoral calculus, the prerogatives of the parties to nominate their candidates as indeed other minor details which in the bizarre, specious opinion of the petitioners, should have vitiated that resounding democratic outcome that came out of the February 25 presidential poll. All of these were carefully touched upon by the judges in the marathon session that took nearly the whole of 12 hours. Clearly, if those moments served to remind that the bilious electoral mode ought to be over; it was also the moment to jar the disputants into the hard reality of the due dictates of the law as against the justice of the mob. 

    Did the jurists acquit themselves well? If I understood the Atikulates and Obidients well, their angers are not necessarily about the let-down by their much hyped but clearly overrated counsels; they are pained by the panel’s refusal to be swayed by the “weight of evidence” which they erroneously assumed would be harvested from by the eminent jurists at the click of the computer mouse. If it is any measure of the depth of the miseducation of the throng, the real danger is that the country may not have even now begun to pay attention to the impudence of the generation steeped in entitlement. As for the lawyers who, while seeking to profit from them, do not mind bringing the roof down on our heads, it seems to me a matter of time before the chicks come to roost. 

    We await the next stage of the ‘fireworks’ at the apex court. Let me at this stage hazard what would happen: It is unlikely that the apex court would require any last-minute evidence from any imaginary back-end servers on the I-Cloud to come to their judgment. I understand that Atiku Abubakar, will be making an appearance in a United States court today over the president’s certificates and diploma. Much as it is a free world, the effort will come to naught. Who knows; the perennial presidential candidate might need the emerging piece of evidence for his 2027 run!

    As for the status of Abuja, the issue seems to me also as already settled; those expecting any dissension would be disappointed.

    In all, those expecting the winner of the presidential election, a one-time senator and two-term governor of the most prosperous state in Nigeria to be disqualified on the basis of an unproved and unprovable charge, to be disqualified by the courts are living in wonderland.

    I rise!

  • Law union protests plan to sack staff by commission

    Law union protests plan to sack staff by commission

    The Joint Union of Nigeria Law Reform Commission has protested the alleged plan to sack of 12 of its members by the commission.

    The union strongly opposed a situation in which several officers were denied promotions last year, and approximately 60 officers are on the brink of missing out on promotions this year.

    The spokesperson of the union, Comrade Macham Jang, stated this in a statement sent to newsmen.

    He stated: “The staff has endured harassment from the board of the Commission and we have expressed doubts about the Commission’s need for its staff.

    “Also, the non performance of the board of the Commission as a research base Commission due to the fact that the Commissioners hardly attend any of the Research meetings.

    “The Union has also emphasize on the issue of Promotion of Staff  in a case where some officer missed their promotion last year and about 60 officers are about to miss their Promotion this year also the board as concluded on their plans to sack 12 staff of the Commission.

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    “Members of the Joint Union at the Nigeria Law Reform Commission are urging complete compliance with the Presidential directives on the dissolution of the commission’s board.

    “This call was made during a protest held by the union demanding the intervention of the Attorney General of the Federation.

    “The union emphasizes the importance of full adhering to the crucial decisions made by the President to dissolve the board of the commission.”

  • Penalise inciting comments against judiciary, says lawyer

    Penalise inciting comments against judiciary, says lawyer

    A lawyer, Chukwudi Enebeli, has called for laws prohibiting lawyers and others from making inciting comments against the Judiciary over cases in court.

    He also called for stringent laws against hate speech.

    Enebeli, partner at a leading law firm Pinheiro LP, said fake news, cyber bulling and hate speeches were very serious issues in Nigeria because of its diversity and high illiteracy rate.

    He stressed that the right to freedom of expression under the Constitution is not absolute, adding that if not curtailed, anarchy will be the order of the day.

    The lawyer spoke at the 63rd Annual General Conference of the Nigerian Bar Association (NBA), which was held in Abuja.

    He was a panelist at a session on fake news, cyber bullying and hate speech.

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    Enebeli condemned the abuse of the social media by its users.

    According to him, though the Cybercrimes Prohibition Act and the Electoral Act have certain provisions to curtail hate speech, little has been done by the enforcement authorities.

    He faulted lawyers and non-lawyers who comment on judicial proceedings in a manner capable of inciting the people against the judiciary and the legal profession.

    “We have seen an unprecedented increase in the manner in which both lawyers and non-lawyers go to social media space to incite the public against the judicial officers and we are watching and no one is speaking.

    “What is so painful is the fact that these judges cannot speak for themselves,” Enebeli said.

    He believes new laws must be enacted  to regulate social media and the cyber space.

    Enebeli added: “Both the networks and the various social media platforms must be made accountable.

    “In promulgating new laws, we must create an offence aimed at prohibiting both lawyers and non-lawyers from disseminating any information before, during and after proceedings which are capable of inciting the people against the judiciary as it relates to matters in court.

    “There must also be stringent punishment. Section 97(1) of the Electoral Act should also be amended to include the punishment of deregistering a political party as well as banning any candidate that campaigns on the basis of tribe, religion or sectional reasons from participating in any election for a period of ten years.

    “It is the severity in the punishment that serves as a deterrent.”

    Other members of the panel were Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS) Prof. M.T. Ladan; Founder of Consumer Advocacy Foundation of Nigeria Mrs. Sola Salako-Ajulo; a Deputy Commissioner of Police (DCP), Uche Ifeanyi Henry, represented by Chief Superintendent of Police (CSP) Omaka Udodinma and Remi Afon of the Cybersecurity Experts Association.

  • ‘I studied law to become voice off the voiceless’

    ‘I studied law to become voice off the voiceless’

    My name is Akponome Faith Oghenetejiri, I am a lawyer and a certified arbitrator. I hail from Ethiope West Local Government Area (LGA) of Delta State. I am a graduate of Delta State University (DELSU), where I got my LL.B and thereafter proceeded to the Nigerian Law School (Kano campus) where I obtained my B.L.

    After Law School, I relocated to Abuja for my National Youth Service (NYSC) where I worked in the legal department of the Universal Basic Education Commission (UBEC), a government parastatal in charge of basic education in Nigeria. With the knowledge and experience acquired, I ventured into private practice rendering legal services to sole proprietors, startups, and incorporations.

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    I currently work as a Police Duty Solicitor for The Centre for Penal and Justice Development (CPJD). My job as a Police Duty Solicitor is to offer legal aid to suspects in custody, ensure observation of the rule of law at the station, esure compliance with the Administration of Criminal Justice Act (ACJA) 2015, and secure every other constitutional right of suspects or detainees in the station assigned. I have been practising for three years.

    I am calm and hardworking, I always want to solve problems when they arise be it mine or that of other people, whether spiritual or physical. I believe I am a born leader.

    Other things apart from Law

    During my school days, I traded but for now no, I do not. I love reading, cafe hopping, and visiting art galleries.

    Family

    I come from a polygamous family. I’m the seventh child of 12 children from my dad and the first of five children from my mum. My mum is a civil servant and currently heads a school. She has a degree in Economics. My dad was a prominent chief in my town; I’ll call him a jack of all trades. He was a strong politician, contractor, and farmer. Before his demise in 2016, he was the Community Liaison Officer (CLO) of Prudent Energy Services (Oghara branch). He was a very hardworking man. I am the first and only lawyer in my family both extended and nuclear.

    Law journey, memorable experience

    I would say bar finals, what with the COVID-19 pandemic and the online classes, was really difficult. I cried several times trying to understand Corporate Law during the lockdown. On the exam week, my friends and I had just two or three hours of sleep daily and it wasn’t on our beds.

    Studying Law didn’t come easy for me. In 2011, I gained admission for a Diploma in Law programme at DELSU. The six months strike extended my programme but I was able to graduate after the strike. After I completed my diploma, I gained admission to study Philosophy and spent a year studying it. However, I was determined to become a lawyer, so I took the exams again and finally gained admission to study Law in 2015.

    Reason for choice of law

    I have always had a passion for human rights since I was little, most especially the protection of women and children due to the environment I grew up in, an environment with little protection for women and children on issues of violence. I had always known I wanted to be the voice for the voiceless.

    High, low moments studying Law

    My lowest moment was in 2015 when I lost my dad to a car crash two days after my matriculation. My joy of matriculation was short-lived and a few months later I lost my aunt with whom I had spent the just concluded holidays. My father’s death resulted in the financial challenges I had. My high moments were the days I graduated from the university, the preparations for the call to bar, and the call to bar day; those feelings were immeasurable.

    Overcoming challenges

    I had financial challenges during my undergraduate days and I overcame them by selling thrift clothes to students. I also had the challenge of time; I barely had time for myself. I attended lots of meetings, organised lots of programmes, solved challenges students faced, and sometimes visited sick or new students just to make sure they were okay. I was able to manage this challenge by delegating tasks.

    Combining business with studies

    Business was very profitable, I did my business during the holidays and, on resumption, I bought a lot to take to school so I wouldn’t have to travel till the end of the semester. Within the first two weeks, I would have sold about 80-90 per cent of the clothes I brought because I accept payment by installment.

    Formula for Law School success

    My formula for scaling through Law School was setting tasks and trying my best to meet up. I also encouraged myself always.

    Impact of extracurricular activities in school

    I engaged in community services such as cleaning and providing different items to students and members of the community. In my third year, I was made the head of my campus fellowship, which made me a representative of the Christian Campus Fellowship (CCF) – the body in charge of all campus fellowships in the university. This placed me in a position of working with the school management for the welfare of the students and in my fourth year, I was made the Vice President of CCF, placing more responsibilities on me. I worked closely with the Dean of Students on several issues, one of which was ensuring all new students were well prepared for their screening process and providing them with temporary accommodation until they were able to get permanent accommodation. I also hosted the school’s quarterly prayers where the provost, Dean of faculty, lecturers, non-teaching staff, and students were all in attendance.

    I was also a member of the 2017 Law Students’ Association of Nigeria (LAWSAN) dinner committee, working closely with the LAWSAN vice president to ensure the success of the annual dinner.

    Perception that law students or lawyers are boring

    Lawyers or law students are not boring.

    Call to bar

    I and my family were elated on my call to the bar . I cried that day because it had been a long journey and I saw it through. Although not all my family members could make it due to the distance, we held a little party with my uncle and his family, thereafter I went for a buffet dinner hosted by the wife of the past Governor of Delta State, Mrs Roli Uduaghan for my best friend Ziem and her friends, it was a euphoric atmosphere.

    Law school grading system

    I think the grading system is flawed, it’s not a true test of knowledge. Please they should use the university grading system. It’s not fair to grade someone with the lowest score after all the stress the student has gone through. As I said earlier, it’s not a true test of knowledge.

    Calls for scrapping wig/gown

    I think it should be scrapped; there’s no need for that in this day and age. Under this Nigerian hot sun where some courts don’t even have working fans let alone air conditioners, you’ll see lawyers sweating profusely. Lots of countries with hot climates have stopped using it, so why can’t Nigeria stop?

    Marrying a lawyer?

    It’s not my first choice but I can marry a lawyer.

    SAN, Professor, or Judge?

    I don’t think I want to be either of those.

    Thoughts on exodus of lawyers from the profession/country

    Well, I can’t blame them, it’s a pity though but I believe they want a society where their skills will be valued, where they will get the value for their skills. It’s not easy to be a lawyer; it takes years of sacrifice and it’s sad when those sacrifices yield nothing. I don’t want to relocate permanently, I want to be shuffling Nigeria and whatever other country I find myself in.

    Law practice experience

    My first experience was during my youth service since I had to trade on holidays during my undergraduate days and scrap externship due to Covid. It was very difficult at first, as expected, I made lots of mistakes but my boss was a very calm woman so she always corrected me and with time, I caught up.

    Low pay

    The salary of young lawyers is appalling, and this is done under the guise of your gaining experience. I wasn’t paid well from the beginning which was why I started my private practice in corporate and property law ( which I still do). Employers should stop devaluing young lawyers and pay them more; this issue should be tabled at the Annual Conference. I know some private firms pay as low as 30-50k (monthly salary). For that of the public sector, as a lawyer, you may most probably start from level 8 or 10 and your salary may be 100k and above.

    First salary compared to effort in law school

    I’m sorry I can’t disclose the amount. My first salary was when I was serving; it wasn’t much. I felt indifferent when I received it. I was indifferent about it, so I didn’t have that thought. I also already knew the amount they paid and there were other monetary benefits.

    Advice for new wigs

    Well, lawyers can work anywhere. We can freelance too so that’s the advantage.

    Do law faculties/schools provide sufficient career guidance for lawyers coming into the legal profession?

    Not during my undergraduate days. I think that’s the purpose of the three-month externship. The externship during Law School serves that purpose.

    The future

    I plan to have an NGO that focuses on domestic and gender-based violence in Nigeria and hopefully collaborate with the United Nations someday.

  • Curbing rivalry among law enforcement agencies

    Curbing rivalry among law enforcement agencies

    The recent public fight between personnel of the Director of State Security (DSS) and the Nigerian Correctional Service (NCS) has reignited the debate over the unending rivalry among law enforcement agencies. This undermines the nation’s capability to confront its increasing security challenges. In this report by ERIC IKHILAE, lawyers urge the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN) to consider this matter with utmost importance.

    Nigerians were, again, presented with an unsavoury spectre on July 25, when armed personnel of two law enforcement agencies trampled on every sense of civility, engaged in a public fight in a mundane struggle over who should take custody of a supposed privileged defendant.

    The suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, who had been in the custody of the Directorate of State Security (DSS) for weeks, was taken before the Federal High Court in Lagos for arraignment on a charge of unlawful arms possession.

    Having denied the charge by pleading not guilty, the trial judge, Nicholas Oweibo, admitted him to conditional bail and ordered his remand in a correctional facility until he was able to perfect the bail so granted.

    In the ensuing struggle over which agency should take custody of the defendant, armed personnel of the DSS and the Nigerian Correctional Service (NCS) fought dirty in public, leading to a senior NCS official sustaining injuries and having his uniform torn.

    To many Nigerians, the incident was strange, because the issue of inter-agency rivalry/conflict among the nation’s security and law enforcement agencies has, over the years, constituted an item in the bouquet of troubles the Nigerian system has borne over time.

    There is virtually no security agency that has not engaged violently clashed with another, particularly since the restoration of democratic governance in 1999.

    However, the trouble now is that it has assumed a frightening proportion given its frequency and the unwillingness of the relevant authorities to take the necessary steps to rein in these unruly state agents.

    DSS, EFCC wash dirty linen in public

    On May 30, it took an order from President Bola Tinubu for the Department of State Security Service (DSS) to vacate the Lagos office of the Economic and Financial Crimes Commission (EFCC) at No. 15 Awolowo Way, Ikoyi.

    Armed DSS operatives stormed the premises and barricaded it against EFCC personnel, preventing them from accessing their workplace.

    Gunshots were also heard in the area

    The DSS claimed ownership of the buildings occupied by the EFCC on the premises.

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    But Tinubu, in a statement by his media aide Tunde Rahman, directed the DSS to quit the EFCC’s offices.

    “The President said if there were issues between the two important agencies of government, they would be resolved amicably,” the short statement read.

    The premises, originally exclusively used by the DSS, have been shared by both agencies since the EFCC’s establishment by former President Olusegun Obasanjo in 2003.

    But there had been silent disputes between both agencies over occupancy rights.

    The Nation gathered that there had been unsuccessful talks over the years between both agencies over resolving the dispute.

    It was learnt that some DSS officials arrived at the premises on Monday, May 29, and parked their vehicles on the road leading to the anti-graft agency’s office.

    EFCC personnel were unbothered and went about their work normally thinking the DSS operatives were there on routine security duty during the swearing-in of President Tinubu and Governor Babajide Sanwo-Olu.

    After EFCC officials closed for the day, the DSS men moved onto the premises with their vehicles and two armoured personnel carriers (APC).

    They barred EFCC staff from gaining access to the premises when they resumed work.

    At about 1:20pm, shots were fired from within the barricaded premises taken over by the DSS.

    The Nation reports that the shots were fired just as journalists from the Nigerian Television Authority (NTA) approached the locked gate of the premises to get close-up shots.

    The shots appeared to have been fired in the air as a warning.

    None of the journalists and EFCC operatives hanging around outside was hurt.

    The EFCC confirmed the incident and condemned the barricade at its largest hub.

    It described the development as “strange,” adding that the lockout affected the Commission’s operations with over 500 personnel, hundreds of critical exhibits, and many suspects in detention.

    EFCC Head, Media and Publicity, Wilson Uwujaren, said in a statement that the siege meant suspects in detention were left without care.

    The agency said its cases scheduled for hearing in court in Lagos on  Tuesday were aborted, while many suspects that it invited for questioning could not be attended to.

    The Nation reports that EFCC lawyers were absent from the Federal High Court in Lagos, as they could not gain access to their case files at the Lagos office.

    The EFCC statement reads in part: “This development is strange to the Commission given that we have cohabited with the DSS in that facility for 20 years without incident.

    “By denying operatives access to their offices, the Commission’s operations at its largest hub with over 500 personnel, hundreds of exhibits, and many suspects in detention have been disrupted.

    “Cases scheduled for court hearing have been aborted, while many suspects who had been invited for questioning are left unattended.

    “Even more alarming is that suspects in detention are left without care with grave implications for their rights as inmates.

    “All of these have wider implications for the nation’s fight against economic and financial crimes.”

    But the DSS, despite picture and video evidence, denied barring EFCC personnel.

    Its spokesman, Dr. Peter Afunanya, said in a statement that the building belonged to his agency, adding that the DSS was never in a fight with the EFCC.

    His words: “It is not correct that the DSS barricaded EFCC from entering its office. No. It is not true. The Service is only occupying its own facility where it is carrying out its official and statutory responsibility.

    “By the way, there is no controversy over No 15A Awolowo Road as being insinuated by the Media. Did the EFCC tell you it is contesting the ownership of the building? I will be surprised if it is contesting the ownership. Awolowo Road was NSO headquarters. SSS/DSS started from there. It is common knowledge. It is a historical fact. Check it out.

    “There is no rivalry between the Service and the EFCC over and about anything. Please do not create any imaginary ones. They are great partners working for the good of the nation. Dismiss any falsehood of a fight.”

    Previous cases

    In 2017, the nation witnessed the open disagreement and the subsequent back and forth between the Office of the National Security Adviser (ONSA), the National Intelligence Agency (NIA) and the Economic and Financial Crimes Commission (EFCC) over the cash – $43 million, £27,000 and N23 million – the EFCC claimed to have found in a flat on Osborne Road in Ikoyi in April 2017.

    In May 2011, soldiers from 242 Recce Battalion, Ibereko Barracks, Badagry, in Lagos State launched reprisal attacks on police officers, attached to Badagry Police Division, killing the Divisional Police Officer (DPO), Divisional Crime Officer (DCO), and about eight other officers in retaliation for the shooting of an army officer by some police personnel at a checkpoint.

    In October 2005, soldiers from Abalti Barracks in Ojuelegba, Lagos unleashed a reprisal attack on police officers at the Area ‘C’ Police Command Headquarters, Ojuelegba, killing three people, burning down buildings, while over 50 vehicles were damaged.

    The attack by the soldiers was said to have been triggered by an alleged assault on a senior army officer by some police personnel who were protesting an earlier interference by two army officers, who resisted their (policemen’s) attempt to extort money from a driver of a commercial bus in which they (the soldiers) were passengers.

    Possible causes

    According to law experts, the recurring incidents of clashes between law enforcement agencies is not only an aberration and embarrassing, it negates the spirit of the provisions of Paragraphs 25 and 26 of the Third Schedule to the Constitution, which created the National Security Council which comprises heads of security agencies among others.

    A lawyer, Daniel Makolo, attributed it to the increasing disregard of professional ethics and institutional code of conduct, which result from waning professionalism among officers and men of the nation’s law enforcement agencies.

    There is also the issue of the failure of the various disciplinary mechanisms, where they exist, he added.

    And, as Prof. Yemi Akinseye-George (SAN) noted, poverty, resulting in poor remuneration also contributes to cases of undue struggle for perceived opportunities as presented in the Emefiele case.

    Prof Akinseye-George noted that the reason behind the SSS insisting on keeping Emefiele was because they saw him as an important detainee, who would bring a lot of benefits.

    “That is an embarrassment. That means you have a special category of detainees and those who are not so special. The special ones enjoy special protection and favour.”

    Scope, impact

    According to observers, the problem revolves around the increasing blurring of boundaries of responsibilities, mutual distrust and suspicion, unhealthy competition, poor role delineation and general disinterest among these agencies.

    Akinseye-George, who is the President of the Centre for Socio-Legal Studies (CSLS), spoke along this line when he said: “Let us draw boundaries. Let us know who is to do what.”

    Observers noted that the impact of inter-agencies rivalry has deeply permeated the system, with the capacity to jeopardise the nation’s potential to more effectively and efficiently tackle the menace of insecurity and criminalities in the country, if left unattended to.

    They added that beyond weakening the system, it also can erode what used to be a vibrant commitment to esprit de corps, a principle that promotes team spirit among security personnel.

    Possible solutions

    Akinseye-George, Femi Falana (SAN) and Kingdom Okere called for the need to entrench discipline, insist on compliance with professional ethics and rules, and promote activities aimed at enhancing inter-agency relationships and the need for improved welfare for personnel.

    Akinseye-George said “The open confrontation between government agencies is uncalled for. It is necessary for the administration and the Attorney General of the Federation (AGF) to take charge.

    With reference to the Emefiele case, Akinseye-George added: “We need to look at the working conditions of our officials so that they don’t have to depend on people in their custody to be able to live well.

    “We need to motivate our personnel. A situation where they have to fight in public is uncalled for. It is unprofessional.

    “We need to look at the entire law enforcement paraphernalia of this country. Our number one challenge is to enforce our laws effectively. I believe this administration will look into this,” he said.

    Falana who frowned at the conduct of the SSS operatives in the Emefiele case, argued that given the position of President Tinubu that inter-agency rivalry would not be permitted under his administration, those who attacked officials of the Ikoyi NCS on premises of the Federal High Court in Lagos ought to be fished out and sanctioned.

    He added: “All public officers should draw the necessary lessons from the current travails of Mr. Emefiele. As Governor of the Central Bank of Nigeria, he recklessly displayed arrogance and impunity by disobeying the orders of several courts, including the Supreme Court of Nigeria.”

    A member of a group, Lawyers in Defence of Democracy (LIDD), Kingdom Okere said: “What played out in the Emefiele case is unacceptable,” adding that SSS officials involved, including the agency’s Director General Yusuf Bichi, who may have directed the operatives act in disregard to court’s order, “needs to be arrested and sent to prison.”

    “The secret police has made a habit of continuously disrespecting the rule of law. President Bola Ahmed Tinubu should save democracy and the image of the judiciary by immediately ordering the arrest of DSS DG.”

  • Law, order and NSA

    THE biggest challenge before the country is insecurity. Bandits, kidnappers and insurgents have seized the nation by its throat, with security agencies seemingly helpless.

    Nowhere is safe, whether South, East, North or West. Political and traditional leaders in these places are worried.

    During a visit by some southern traditional rulers, President Muhammadu Buhari acknowledged their concerns and promised to do something about the security architecture.

    Ahead of the inauguration of his cabinet on August 21, tongues are wagging on who will become the National Security Adviser (NSA) so as to address the crucial issue of law and order.

    To analysts, whoever is so appointed should have the capacity to do the job. Names are already being bandied as to who can occupy the exalted seat.

    They include the NSA, Maj.-Gen. Babagana Monguno (retd), former Interior Minister Lt.-Gen. Abdulrahman Dambazau (retd), Maj.-Gen. S. D. Aliyu (retd), and Ambassador Ahmed Rufai.

    The President has been quiet on Monguno whose name keeps popping up as a frontrunner for the job, especially within military circle.

    Appointed as NSA on July 13, 2015, to replace Dasuki Sambo, Monguno was, before his retirement in 2013, Chief of Defence Intelligence Agency (DIA), from July 2009 to 2011. His last assignment in the army was Commander, Training and Doctrine Command (TRADOC), from January to September 2013.

    As NSA, Monguno witnessed the worst of terrorist battles when his village in Borno State was temporarily captured by Boko Haram. But, the village was retaken, within days, in coordinated air and ground attacks.

    At a time when Nigeria’s fragile unity is on the brink, Monguno’s ability to speak the country’s three major languages, Yoruba, Igbo and Hausa fluently, as well as  Idoma, isc a plus.

    Unlike the Service chiefs, Monguno’s work is unseen, because it is strategic. The Office of NSA  coordinates security matters for the Office of the President. These include all the military formations, purchase of military hardware, security and safety of Nigerians both within and outside the country, curtailing smuggling at the borders. The work of the office is enormous..

    For Dambazau, the immediate past Interior Minister, was Chief of Army Staff between 2008 and 2010. He held command and staff positions before he became army chief in 2008.

    Former Lagos State military administrator and chairman, Committee on Drug Abuse Brig.-Gen. Mohammed  Marwa (retd) is reported to be relying on his relationship with close allies to the President to get the top job.

    Aliyu said to be on good terms with former Vice President Abubakar Atiku, is also being tipped for the NSA office.

    Buratai, according to pundits, may be considered for the job, if he quits as army chief. There have been talks of his having stayed too long in office. Shortly after his appointment, he survived allegations of having illegally acquired a property in Dubai.

    Chief of Defence Intelligence (CDI) Air Vice Marshall (AVM) Mohammed Saliu Usman is another contender for the job.

    National Intelligence Agency (NIA) Director Ahmed Rufa’i was secretary to the Babagana Kingibe Committee which reviewed findings of the Vice President’s committee on the about $43 million found by the Economic and Financial Crimes Committee (EFCC) in an apartment belonging to wife of a former NIA Director-General.

    Lawal Daura, a former Department of State Service (DSS) Director-General, is believed to have the President’s ears. He was asked to go after masked DSS operatives laid siege to the National Assembly complex and prevented lawmakers and civil servants from entering the building.

     

  • Law no longer an ass in Ekiti

    “The Law is an Ass” is a commonly used expression to convey the frustrations individuals have with accessing justice. The metaphor of the stubbornness of the ass (donkey) refers to the very rigid application of the law. It has its origins in the works of Charles Dickens’ Oliver Twist (1838), when the character Mr. Bumble – the aggrieved husband of an overbearing woman, is told in court that “…the law supposes that your wife acts under your direction”, to which he replies: “If the law supposes that; …the law is an ass”.

    Everyone knows someone that has tried to access justice through litigation, and can understand why legal practitioners are generally agreed that disputes are not always best resolved in court, especially in developing countries like Nigeria. Ekiti-born literary icon Prof. Niyi Osundare drives this point in when he wrote in his poem “My Lord, Tell Me Where to Keep Your Bribe” about corruption and inefficiencies in the Nigerian judiciary, “The law, they say, is an ass. Sometimes fast, sometimes slow. But the law in Nigeria is a vulture; fat on the cash-and-carry carrion of murdered conscience”.

    This is why governments all over the world continue to advance several ways to reform their justice sectors in keeping with the times, and to be amenable to the peculiarities of their peoples and cultures. For example, in the immediate aftermath of the genocide in Rwanda in 1994, when the formal justice systems in the country lay in ruins, the country’s leadership established the Gacaca courts, which were community courts which met once-a-week in villages across the country, often outdoors and under trees. The objective of the Gacaca courts was to achieve truth, justice and reconciliation among Rwandans, and though considered controversial was very effective in attending to the huge backlog of cases of accused persons.

    Such efforts by governments all over the world have produced several models of what is called the Multi-Door Courthouse which provides that litigants in mostly civil cases should not only access the court through litigation only, but that the court should provide them with alternative doors such as mediation, conciliation and arbitration, under the oversight of the court. With this in place, members of the society enjoy the advantages of these alternative methods of dispute resolution over litigation, while enjoying the timeless values and protection of the formal court system.

    This understanding of the place of the law, and the role that an effective and efficient legal ecosystem plays in supporting the equitable administration of justice and the building of a peaceful, cohesive, and progressive society is obviously not lost on the Kayode Fayemi administration of Ekiti State. Building on the well documented reforms carried out in his first term of office (2010-2014), the administration has taken crucial steps in advancing a comprehensive reform agenda in the justice sector, that is integrated and comprehensive.

    It is significant to note that Governor Fayemi whose political trajectory has seen him vindicated by the courts in many instances in the past, however understands that notwithstanding the rising popularity of these alternative methods, the formal courts remain an integral part of law and order in society, simply because certain critical roles the temples of justice play cannot be replaced. In recognition of this, the state government recently completed the renovation of the state’s High Court Complex, with a commitment by the governor to ensure an annex is also built to improve the capacity of legal officers to carry out their mandate optimally in a conducive environment. The government continues to pursue its far-reaching vision to “provide a system of justice that is simpler, cheaper, more efficient and more responsive to people’s needs with a view to actualizing same with greater efficiency and effectiveness. Moving from the rigid law and order paradigm at the same time maintaining a focused, better result-oriented clients’ services through committed legal officers who are core professionals”.

    It is in addition to the improvements in infrastructure, manpower development and other interventions in the justice sector, that the Government of Ekiti continues in its efforts to reposition the justice sector in the state. Today, Ekiti State makes history as Governor Fayemi signed the first ever Administration of Civil Justice Bill into law – the first state in the country to do so.  It is reported that the federal government and all other states have their respective Administration of Criminal Justice Laws, but Ekiti State has led the way to do the same for the Administration of Civil Justice.

    The Ekiti State House of Assembly had last week unanimously passed the bill entitled,” A Bill for an Act for the Provision of Administration of Civil Justice in Ekiti, 20193  at a plenary presided over by the outgoing Speaker, Rt. Hon. Adeniran Alagbada. The bill was sponsored by the Attorney-General of Ekiti, Mr. Wale Fapohunda, to ease the administration of civil cases procedure. It is reported that during the debate on the bill, honourable members Chief Gboyega Aribisogan (APC-Ikole 1), Mr. Badejo Anifowose (PDP-Moba 2) and Mr. Wale Ayeni (PDP-Ikere 1), in turn all called for the speedy passage of the bill because of the advantages it promises to the masses in Ekiti. The bill, according to Ayeni, would create room for conflict resolution on civil matters, thereby easing the administration of justice in the state.

    Disputes are a part of life because we cannot all see things from the same perspective.  When people however trust the justice system, there would be less instances of resorting to self-help in resolving grievances. As a progressive society that is evolving under a visionary leadership, Ekiti is leading the way in circumventing, in as many instances as possible, the needless combative and adversarial tensions associated with litigations in our justice system that must have inspired the Yoruba adage that says “A ki ti kootu bo, ka sore” translated to mean “you don’t take me to court and expect us to remain friends.” We therefore expect that the relevant government offices would in the coming days unpack the provisions of this new law, together with others, to let the people know exactly how it affects their lives, and how they can make the best use of them.

    The administration of Civil Law is no longer an ass in Ekiti State, but a humane tool for collaborative resolution of conflict that produces, in most cases, win-win outcomes for all parties. With Governor Fayemi signing this bill into law, Ekiti State again leads as the first to enact what is now known as the ‘Administration of Civil Justice Law, 2019’ in the state. We look forward to studying the provisions of this new law, but we guess that the government would be looking into our rich native culture and tradition to devise ways to expedite the resolution of civil disputes, in a way that reduces pressure on our formal justice system, and takes away the sting that litigation inflicts on relationships between individuals and communities.

     

    • Rotimi, a public relations practitioner writes from Lagos.

  • Tinted glass law in Nigeria

    Recently, the Nigeria Police Authority announced their proposed clampdown on Tinted glass law. Tinted glass law is a global issue which however needs to be rightly addressed in Nigeria before the planned clampdown by the Police.

    Without doubt, it is necessary to wage war against the tinting of car windows, particularly, black tint. It hinders the driver from having a clear view of his blind spots, covers, drivers making phone calls and shields criminals among others. However, there are many essential things the Nigeria Police has left unaddressed before talking about the clampdown.

    There are different types of tinted glasses. There are factory tinted glasses and there are film tinted glasses. Tinted glasses are further distinguished by the percentage of the window tint to the visible light transmission. As at today in Nigeria, I have never seen any Police Officer or other traffic management Officers using an equipment to measure the degree of tint as it obtains in several other countries.

    Many of the tinted glasses targeted by the Nigeria Police will pass international test even in developed Countries. The acceptable rate of the glass Visible Light Transmission (VLT) must be made public by the Nigeria Police before the planned clampdown. We are in the age of technology and not the dark age when measurements are done by personal judgement. Having announced the acceptable rate of VLT, the Police Officers and other traffic management Officers must be equipped with the state of the art instruments for measring the VLT which must be used on the glasses before apprehending the violators.

    It is not difficult for some influential criminals and very important personalities to obtain the tint permit from the Nigeria police Authority even without seen assessing the level of tint. 100 per cent black tint is illegal anywhere all over the world. But many of such vehicles are on Nigeria roads. Visibility for safety and Security should be the guiding principle, not how influential the vehicle owner is. In my own opinion, all film tint should be disallowed on Nigeria roads. Any tint that comes from the automobile Manufacturers above  30 percent tinted and 70 per cent VLT should be disallowed except proper permit is obtained. The categories of people that can obtain such permit should be published. The background checks and security documentations of such people should be done without bias.

    Concerning the security issue, whether tinted glass permit is obtained or not, Drivers approaching Police or allied check points must be made to wind down the glasses for routine security checks except well-known VIP,s with high integrity. Safety and Security, not revenue generation should be the driving force for the implementation of tinted glass law in Nigeria. Public enlightenment and technology must also be adequately employed towards the implementation of the law.

    We must always do things right to avoid punishing innocent Citizens and painting the Country black among the comity of Nations. It is time to move to the next level in policy formulation and implementation in Nigeria.

  • ‘Law hampering yam export’

    The Export Prohibition Act of 1989 is hampering Nigeria’s yam export drive to the United Kingdom and United States, the Technical Committee on Nigeria Yam Export has said.

    Making this known to reporters in Abuja, the Chairman of the committee, Prof. Simon Irtwange, said the Act also prohibited the export of yam derivatives.

    Irtwange, also the President, National Association of Yam Farmers, Processors and Marketers, said the committee, in partnership with other yam stakeholders, met with relevant stakeholders to ensure that the Act was repealed.

    His words: “Yam export is still on-going under the government policy on the diversification of the economy, but in the regulatory framework, we are having issues.

    “The Export Prohibition Act of 1989 is the issue, but we have made a lot of efforts trying to advocate to relevant government agencies, ministries and the National Assembly that if we really want to diversify this economy, that law has to go.

    “I think they are working on it, but if the eighth National Assembly is unable to repeal the law, as soon as the ninth National Assembly comes, we will begin to engage them from the first day.

    “As long as that law is there, there are many people who want to come into the business who are scared.

    “Export of yams has not been suspended because people still carry food products to America hiding under the guise of taking food items to their relatives there but we are not as aggressive as we wanted to be. The earlier we put the Act out of the way, the better for us.’’

    The president said the National Agricultural Seeds Council (NASC) bill would address issues of regulatory and legal framework for the operations of seed companies, adding that yam farmers have had issues of the propagation of the produce.

    The Act, which took effect from February 1989, stipulates that any person who takes, causes to be taken, induces any other person to take, or attempts to take out of Nigeria any of the goods specified, shall be guilty of an offence and liable on conviction to imprisonment for life.

    The produce, which is absolutely prohibited by the Act, includes beans, cassava tuber, maize, rice, yam tuber, all products or derivatives of items from number one to five, all imported food items.