The Nation Newspaper

Tag: LAW

  • Obey the law

    Obey the law

    • The Buhari administration should respect fundamental rights

    A major feature that distinguishes a democracy from authoritarian rule is scrupulous adherence to the Rule of Law. In a democracy, there is no room for impunity or capricious rule. Every citizen, and non-citizen alike, is presumed innocent until he has been afforded the opportunity of arraignment and trial in a court of law. Detention beyond 48 hours can only be at the instance of the court. Besides, every court order is to be obeyed unless or until it is set aside by a superior court.

    It is within this context that we agree with Mr. Femi Falana, a Senior Advocate of Nigeria and a notable socio-political rights activist, who has argued that all detainees held by the Department of State Services (DSS), contrary to the tenets of the Rule of Law, should be immediately released or arraigned.  Falana contended, in a letter to President Muhammadu Buhari, that unlawful arrest and detention violate the Constitution, which Buhari had solemnly pledged to uphold at his inauguration on May 29, 2015.

    Perhaps Buhari needs to be reminded of what he said: “As far as the Constitution allows me, I will try to ensure that there is responsible and accountable governance at all levels of government in the country. For I will not have kept my own trust with the Nigerian people, if I allow others abuse theirs under my watch.”

    As Falana pointed out, the detention of Mr. Ibrahim Elzakzaky of the Islamic Movement of Nigeria (IMN) since December 2015 is simply inexcusable.  The detention of the Islamic leader and his wife, even after Justice Gabriel Kolawole of the Federal High Court, Abuja division, ordered his release in December last year, portrays the Buhari administration in a bad light.

    Similarly, Col. Sambo Dasuki, who served as National Security Adviser under the Jonathan Administration, has been locked up and kept away from his people for more than two years. He has been accused of sundry offences, including illegal possession of firearms, money laundering and diversion of funds provided for prosecuting the war against terrorism in the Northeast. These are all bailable offences and the courts, including the municipal and the Economic Community of West Africa Courts, have ordered that he be admitted to bail. This has been disregarded by the Federal Government. It is hard to believe that this could have happened without the President’s approval.

    In yet another case, two Indians, Messrs Nitin Verma and Umesh Asudani, who live and run their businesses in Kano, have been held in detention since October.  They were arrested by the DSS for alleged money laundering.  Although Justice Usman Mallam Na’Abba has ordered that the detainees be allowed their day in court, the DSS authorities have disregarded the ruling. This suggests that the government has no regard for the laws of the land as the Administration of Criminal Justice Act, 2015, clearly makes detention without court order illegal. It must be noted in the case of the Indians that a government interested in attracting foreign investment should not expect to do so through such disrespect for the law.

    There is no question that the Nigerian Constitution is supreme. All tiers, branches and institutions of government derive their powers from it. The provisions on Fundamental Human Rights therein, as well as those in the African Charter on Human and Peoples Rights Act, as well as the Administration of Criminal Justice Act are binding on the government.

    We call on President Buhari to forthwith obey the laws of the land. Failure to do so amounts to a gross violation of the terms and spirit of the Constitution. He should also call his men in the law enforcement agencies to order.

  • Olubadan: chieftaincy law review reversible

    Olubadan: chieftaincy law review reversible

    The Olubadan of Ibadan, Oba Saliu Akanmu Adetunji, Aje Ogungunniso I, has said the chieftaincy reform in which the Oyo State government enthroned 21 kings is reversible.

    Governor Abiola Ajimobi, at last Friday’s Eid-el-Mawlud celebration at the Remembrance Arcade at Agodi in Ibadan, the capital, reportedly said there was no going back on the reform.

    A statement yesterday by the monarch’s Director of Media and Public Affairs, Mr Adeola Oloko, quoted Oba Adetunji:  “There is nothing irreversible under the sun”.

    Receiving hundreds of baales (family compound leaders) from Idi Arere, Popoyemoja, Isale Osi, Igbonna, Akuro, Gbodu, Bode and adjoining areas at the weekend, Oba Adetunji noted that he has lived long enough to know that God can reverse the irreversible and return Ibadan chieftaincy system to the path of peace and harmony.

    The frontline monarch noted that the legal tussle over the controversial law between the state and diverse stakeholders in Ibadan is alive.

    According to him, all parties to the dispute should respect the rule of law by giving the court the chance to play its constitutional role of adjudicating in disputes without let or hindrance.

    The statement said: “Some people erroneously believe that the chieftaincy crisis is a personal conflict between Governor Ajimobi and Oba Adetunji. This is wrong. There are at least five suits in respect of the chieftaincy crisis in the Oyo State High Court as we speak. What this shows is that the generality of our people believe that the issue at stake is a matter of great public interest as well as the outcome.”

    “As the Olubadan, I am merely a custodian of the tradition and customs of Ibadan people. With an oath before our forebears, I do not see how as a monarch I will compromise the tradition and custom of Ibadan people.”

  • Beware: Only UNILAG has full accreditation for Law

    Beware: Only UNILAG has full accreditation for Law

    Only University of Lagos (UNILAG) has full accreditation to offer Law among public and private universities in the country.

    The Council of Legal Education disclosed this in a list of accredited and approved faculties of Law in Nigeria published on Wednesday and signed its Secretary and Director of Administration of the Council.

    The accreditation of three universities; Lagos State University, University of Abuja and Benue State University have been suspended.

    Twenty seven others have Provisional Accreditation; five have Interim accreditation while 19 others have approval to commence.

    According to the Council, Suspended Accreditation means the faculty of Law has its accreditation suspended while those with Interim accreditation are still subject to further accreditation.

    The facilities of those given approval to commence still have to be subjected to further verification for Interim Accreditation status.

    The Council explained that the accreditation status and approved quotas of recognized faculties was published for the benefit and guidance of the public, parents and students.

     

    FEDERAL UNIVERSITIES

     

    UNIVERSITY OF IBADAN        PROVISIONAL    150

    UNIVERSITY OF LAGOS           FULL                      270

    UNIVERSITY OF NIGERIA,

    NSUKKA                                        PROVISIONAL    220

    UNIVERSITY OF

    MAIDUGURI                                PROVISIONAL   200

    UNIVERSITY OF BENIN           PROVISIONAL   180

    UNIVERSITY OF JOS                 PROVISIONAL   170

    UNIVERSITY OF

    CALABAR                                       PROVISIONAL  170

    UNIVERSITY OF ILORIN          PROVISIONAL   150

    UNIVERSITY OF UYO                PROVISIONAL   150

    OBAFEMI AWOLOWO

    UNIVERSITY                                 PROVISIONAL  250

    BAYERO UNIVERSITY                PROVISIONAL 220

    USMAN DAN FODIO                   PROVISIONAL 80

    AHMADU BELLO

    UNIVERSITY                                 PROVISIONAL 280

    UNIVERSITY OF ABUJA            SUSPENDED      –

    NNAMDI AZIKWE

    UNIVERSITY                                  PROVISIONAL 180

    UNIVERSITY OF

    PORT-HARCOURT                      COMMENCE    50

     

    STATE UNIVERSITIES
    Adekunle Ajasin University        Provisional         50

    Ebonyi State University               Interim                150
    Ekiti State University                   Provisional            60

    Abia State University                   Interim                 130
    Delta state University                  Provisional           120
    Enugu State University of

    Science and Technology             Provisional            100
    Kogi State University                  Provisional              60
    Rivers State University               Provisional            250
    Nasarawa State University         Provisional             40
    Ambrose Ali University               Provisional           120
    Olabisi Onabanjo University      Provisional           170

    Osun State University                  Interim                    50

    Bukar Abba Ibrahim                     Commence             50

    Umaru Musa Yar’adua                 Commence              50
    Imo State University                    Provisional            100

    Bauchi State University               Commence              50

    Chukwuemeka Odimegwu

    Ojukwu University                       Interim                    100

    Lagos State University                 Suspended               –

    Benue State University                Suspended                –
    Niger Delta University                 Provisional              80

     

    PRIVATE UNIVERSITIES

    Igbinedion University             Provisional      100

    Afe Babalola                              Commence      180

    Crescent University                 Commence         50
    Babcock University                  Provisional      100

    Baze  University                        Commence         50

    American University

    of Nigeria                                   Commence           50
    Bowen University                    Provisional             50

    Benson Idahosa                       Interim                    60

    Nigerian Turkish Nile             Commence             50

    Joseph Ayo Babalola               Commence             50

    Al-Hikmah University            Commence              50

    Lead City                                    Commence              50

    Ajayi Crowther                          Commence              50

    Edwin Clark                                Commence             50

    Madonna University                 Provisional             50

    Elizade University                     Commence            50
    Salem University                       Commence            50
    Gregory University                    Commence            50
    Edo University                           Commence           50

     

  • ‘How I made double First Class in law’

    ‘How I made double First Class in law’

    Lawal Kazeem made a First Class in Law from the Adekunle Ajasin University, Akungba-Akoko, Ondo State in 2016. He repeated the feat at the Nigerian Law School this year, making him the second AAUA graduand to make a First Class at the university and Law School. He shares his story with ROBERT EGBE.

    Background

    I cOme from a family of six; four females and two males, and I am the last born of the family. My father (now deceased) was a driver and my mother a
    petty trader. Growing up was a bit of fun for me, because, even though my parents were not rich, I vividly remember that I usually play around with my friends subject, however, to having done my assignments.

     

    Education

    My academic sojourn started at Shadow of Almighty Nursery and Primary School in Ajara, Badagry. I thereafter proceeded to Ajara Grammar School for my secondary school education. I was admitted to study law at Adekunle Ajasin University and graduated in 2016. I proceeded immediately to the Nigerian Law School (Kano Campus) and graduated this year.

     

    Choice of AAUA

    To be candid, prior to choosing Adekunle Ajasin University, I didn’t know anything about the school apart from the fact that my elder brother was there studying Political Science. It was he who eventually influenced my choice of AAUA. I never had any problem with getting admitted to the school, because AAUA’s admission process is transparent; all I did was study hard, met the required cut-off mark for admission to law, and I got admitted. From my first year, I realised that AAUA was perfect for me; the school’s up-to-date library, brilliant and dedicated lecturers, conducive learning environment and affordable tuition fees, etc made learning so interesting and fun.

     

    Making a First Class

    Making a first class was a deliberate pursuit. I was determined from 100 level to make a first class and I started having a first class CGPA from 100 level, specifically 4.56. However, some people told me it was not possible because no student had ever archived such feat in AAUA Faculty of Law. But in 2012, when Mr. Opeyemi Longe blazed the trail, his achievement inspired me and further strengthened my confidence and raised my hope. Hence, I resolved that if he could do it, so could I, and I eventually made it.

     

    Law School feat

    My next target was the Nigeria Law School and I was prepared for it.  Expectations were high and everyone was simply waiting for me to replicate what I had in AAUA at the Nigerian Law School. I remember vividly that before my final examination at AAUA, one of my lecturers, Mr. Ayeni specifically told me: “Kazeem you should be thinking of a First Class at the Nigerian Law School”. Besides, the quality of legal training I received at AAUA greatly helped me at the law school. AAUA has the best curriculum and learning environment. For instance, at AAUA Faculty of Law, all examinations are completed within one week which is the same at the law school. Also there were two unique courses I did that were of help at the law school; Practical Law and Clinical Law. The aforementioned courses exposed me to the practical aspects of law, especially draftings.

     

    How I got funds for my fees

    Funding my university education was not much of a difficulty because apart from the fact that tuition was affordable at AAUA, I really enjoyed the grace of Almighty Allah. I had very supportive family and friends. The Daramola family of Iwaro Oka took great care of me during my undergraduate days.

    I did find it it difficult funding my law school, but this was overcome with the help of my family members, the Dean, Faculty of Law, of Adekunle Ajasin University, Prof. E.A Taiwo, the Sub-dean Dr. M.C Ogwezzy, Mr. Adebayo Ojo Of Adebayo and Gbadamosi Legal Practitioners in Ibadan, my big Uncle, Mr. Yinka Fadayomi, Mr. Adekunle Adeyeye;  all these great persons and others that I cannot readily remember made my one year mandatory professional training at the law school a reality.

     

    Dating, distractions

    I was not in any relationship at the university and the Nigerian Law School, and it was of great assistance to me because I had no emotional issues to deal with.Yes, there were distractions, but all I did was to choose those forms of ‘distractions’ that further helped me, and I participated less in social activities.

     

    Motivation

    Although I cannot deny the fact that so many things motivated me such as the need to demystify law and to be an authority in my chosen field, I am largely self-motivated.

     

    Role models in the profession

    I have quite a number of them but I will mention just a  few, namely; Prof. E.A. Taiwo, Prof. Koyinsola Ajayi (SAN), Dr. M.C. Ogwezzy, Mr. Adebayo Ojo, and Mr. Kazeem Gbadamosi.

     

    Low times

    Yes, I had two specifically. The first was when I lost my loving father in 2008 and the second was in 300 level when I had the worst CGPA; 4.32.

     

    The future

    My plan is to be an authority in my chosen field through research, active practice and to also continue my legal education. Insha Allah, I am planning to undertake my Masters and Doctorial studies at Cambridge University, United Kingdom

     

  • Good at law, gifted as cook

    Good at law, gifted as cook

    Oluwabukola Folasire, a 23-year-old student of the University of Ibadan (UI), has found herself in two time-consuming turfs. She is studying Law, a discipline that requires constant reading, and operating a mobile kitchen to earn extra income. The final year Law student tells MERCY ADEDIGBA (200-Level Communication and Language Arts) how she combines her studies with catering.

    Studying Law is as demanding and time-consuming as cooking a delicious meal. As a discipline, Law requires constant revision of real and hypothetical cases by students to hone their skill, just as a caterer is relentlessly meticulous about getting the accurate measurement of condiments and ingredients to make food taste good.

    These are the turfs 23-year-old Oluwabukola Folasire has found herself. She is a 500-Level Law student of the University of Ibadan (UI) and founder of Mo’s Kitchen, a mobile catering service.

    Mo’s Kitchen is fast becoming a popular brand among UI students. While her colleagues engage in social and extra-curricular activities at weekends, Oluwabukola deploys her talent in cooking to earn extra income to support herself financially. She prepares soups on order and delivers to customers at any location within and around the campus.

    During the week, the final year Law student is usually seen in the Faculty’s mandatory white-and-black clothes, studying Law cases, while at weekends, she drapes a branded pinafore, making soups for her customers.

    Born to Chief and Mrs. John Omolade Folasire, the last child of the family of nine said she ventured into commercial cooking in pursuit of her entrepreneurial dream. Although she started her cooking business while she was in 400-Level, she said she could have started since she was in 100-Level but for her father’s advice and the strenuous academic work.

    After her admission into the premier university to study Law, Oluwabukola said she had a dream to start something unique aside academic pursuits. When she discussed her desire with her parents, her father, she said, vehemently opposed the idea and told her to face her studies.

    She said: “I’ve always wanted to become an entrepreneur since my first year in the university. But because of what my course required, my dad discouraged me. He repeatedly reminded me of the nature of the course I am studying and would tell me that Law does not give room for distractions. He vehemently opposed my idea of engaging in business. Of course, I know studying Law is tasking and requires a lot of dedication and concentration.”

    She followed her father’s instruction, dedicating time to her studies. But she said the fire of entrepreneurship in her could not be extinguished, prompting her decision to venture into commercial cooking.

    “When I saw that I was not comfortable with giving all my time to Law, I decided to go ahead and try something on my own. I discussed it with a friend. When I was thinking of what I could do, the friend asked me which skill I had. I told him I could cook. Then, he told me to go into catering and I came up with the name Mo’s Kitchen, which is an abbreviated form of Mojisola’s Kitchen,” she said.

    Oluwabukola said she considered going into catering and cooking soups because it was what she could do with ease. Her aim, she said, was to create a unique business that would make her self-reliant after school.

    “After taking this decision, another challenge I had was to create a unique business that would be different from what others are doing. I thought of weekend soups for students. Then, I created time arrangement that will favour my class timetable and cooking business. So, I study during the week and cook on weekends,”she said.

    Asked if she finally got her parents’ approval to venture into the business, Oluwabukola said she only told her mother, who had been supporting her. Her father, she said, was not aware of the business.

    Her mother, Mrs. Omolade, who is also a caterer, taught Oluwabukola everything she needed to know about cooking.

    Oluwabukola is patronised by students and residents of the school and the host community. According to her, she started the business less than two years ago, and she has grown her customers’ base by being polite in the face of insults.

    She said:“I believe in the saying that customers are always right. So, whenever I am dealing with impatient customers, I usually smile and apologise for whatever inconvenience and I move on. This way, they will call again.”

    She sees the campus as a large market to do business, saying students consider survival first before embarking on studies. “The campus is a very conducive environment for business. I have discovered a big market in the school. The only thing required is to have unique services. For me, I am not running a cafeteria. I make mainly home-made food. There is little or no competition from anywhere because my service is unique. My customers get the best and they appreciate the taste of my soup.

    “Food is a very important source of survival. Also considering my targeted consumers, who are mainly students, most do not have the time to go through the stress of making stew or soup. I am here to relieve students of the stress of going to the market and cooking food at an affordable price, made in an hygienic environment. So, I do make delicious soup on students’ behalf and they love it. It is profitable because there are many students facing the challenge,”she said.

    What is her challenge in running her mobile kitchen? Delivering the soup is her biggest snag. She said: “I do not really have delivery challenges within the campus, but delivering outside the campus is stressful. I confirm orders a day before delivery in order to avoid mix-ups and confusion. Most times, I deliver at different locations, which are far apart and clients do not want to pay well for delivery. So, I am usually at a loss when I deliver to just one person at a distant location. Going to fetch the ingredients in the market and the stress of waking up early to prepare the soup are part of the challenges I face.”

    She said she is skilled in multi-tasking. This, she said, enables her to combine catering with her studies.

    “Combining cooking with academic work is not easy. Law is a course that requires constant study; same also goes for cooking. But, I balance both by creating time for each. So, it doesn’t affect my grades,” she said.

    To students, who patronise her, Mo’s Kitchen is relieving them of the stress of cooking.

    Oluwabukola’s classmate Biola Abegunde is stunned by the young woman’s enterprising spirit. Despite being in her kitchen throughout the weekend, Biola said her colleague’s academic performance has been excellent.

    She said:“I am still surprised how Oluwabukola has been able to cope with her studies. Her academic performance is excellent just as her cooking. I regularly order stew from her and she delivers on time.”

    Tunde Williams, a 200-Level Law student, said he could not resist the urge to order for stew after tasting Oluwabukola’s fish stew the first time.

    “I was impressed by her cooking ability. I am choosy when it comes to eating, but the first time I ordered for a fish stew from Mo’s Kitchen, I got exactly what I wanted. All the condiments were added in the right proportions. This has kept me ordering for more and I don’t think I can resist the urge not to order. I have no doubt she’s going places,” Tunde said.

    Oluwabukola said she would practise law for a while after graduating, but added that she would return to outdoor catering.

    While encouraging students to embrace entrepreneurship, she said: “Entrepreneurship is the way out of joblessness. Although, everyone may not have the idea to become business owners, students who have passion for entrepreneurship should summon the courage to start. Our academic certificates cannot be useless. We can pursue our careers and still be entrepreneurs.”

  • ‘I broke my parents’ hearts by choosing law’

    ‘I broke my parents’ hearts by choosing law’

    Everyone thought Ulasi Ogechukwu Mary would end up in a science-related profession. She excelled in Physics, Chemistry and other science subjects. But one day with a lawyer changed her mind forever. The Best Graduating Student Class of 2015 at the Anambra State University (now Chukwuemeka Odumegwu Ojukwu University) shares her law journey with ROBERT EGBE.

    Family

    My name is Ulasi Ogechukwu Mary. I’m from Utuh in Nnewi South Local Government Area of Anambra State.

    I am the fourth child of my parents. I was born into a family of strict academicians. We love to study. My father is a lecturer and my mother is a school Principal.

    We are devoted Catholics.

    Education

    I won several awards at secondary school – Federal Government Girls College, Onitsha. I was the best student in my class, subjects and also debating competitions. I received an award for three consecutive years from my parish because of my performance in school.

    In 2015, I graduated with a Second Class Upper from the Faculty of Law, Anambra State University, now Chukwuemeka Odumegwu Ojukwu University. I was the best graduating student in my set. I won both the Pro-Chancellors and the Faculty awards.

    I attended the Nigerian Law School Abuja Campus and also graduated with a Second Class Upper division.

    I love academics a lot. I love to read, write, attend conferences, teach and I pray a lot too (laughs). My love for academics started right from childhood. I played scrabble and monopoly and I loved to read novels. My friends felt I was a boring person to be with because I discussed books a lot.

    Choice of law

    I never dreamt of being a lawyer. I see it as a divine arrangement and call. You know that childhood experience when kids gather they say they want to be a doctor, a nurse and all that? Well, all I ever wanted right from childhood whenever I was asked in school, at home or anywhere I found myself was that I would be a teacher and I would be helping people. I had no idea of what law was, what it entailed to be a lawyer. I just wanted to be a teacher and also rendering service. I was very good in sciences in junior class, even when I did extramural classes in preparation for senior class. I was very good in physics, chemistry and biology. At that time I had no connection with arts because almost everyone around me was good in the sciences. But that passion for science got buried the day I went for a career talk. The lawyer spoke so well and instantly I changed my mind. The lawyer showed me that as a lawyer you can be in any place, work in any field. He made me see law as the god of all other professions. He was neatly dressed. The day I mentioned that to my parents, it broke their hearts. They were scared of who would guide me being that they knew little about the arts let alone law.

    It was difficult to convince them. I had to write an essay to convince them. The sudden twist was so shocking to everyone. A lot of people said bad things about the profession to discourage me, but I stood my ground. I said to myself this is a profession that I know I will always meet people, teach and also help people, travel around helping people. I saw it as an all encompassing profession. So, I felt comfortable with the decision. I chose the profession that would fulfill my dream of teaching, helping people and travelling around. A profession that would not confine me to a particular place.

     

    Call to Bar

    It is an experience I won’t forget. It was memorable. My family and friends were in large attendance. The first lawyer in the family: you can imagine the joy. My extended family members were present to celebrate their first lawyer. I had a little get together courtesy of my god parents.

    The love my friends showered on me was overwhelming. Seeing people celebrating me on different social media platforms. It was a remarkable event.

    First solo court appearance

    I was very scared. When I announced my appearance, I rushed it (laughs). It was before a high court judge. But he just smiled at me. I guess he knew I was a new wig.

    Embarrassing court experience

    I appeared in a customary court and, before plea was taken, I was already on my feet asking the court to strike out the matter. Gosh!!!! The court asked me to calm down. (laughs). The court said “Counsel, you must be a new wig.” I felt like the ground should open and swallow me (laughs). But I’m still learning.

    Shocking things about law

    It has been interesting and challenging journey so far. The first shock you get as a junior, is the poor remuneration. It is discouraging. Also, most times people don’t want to give you work to do for them because they feel you are too young and you are not knowledgeable enough. But I believe at this stage of life one has to persevere and learn the art and develop the skill. Money will come.

    The profession is tasking, stressful and it requires that you read constantly and build your library too. You learn and unlearn. It is fun also, because you meet your friends in court you take pictures (laughs), meet lawyers who are sarcastic in court. I am learning a lot, I am also meeting people and entering offices I never thought I would enter so easily. All because I am a lawyer (smiles).

    Regrets?

    I don’t regret anything. I would choose to be a lawyer over and over. If there was something like a third life. I would choose law again.

    My aspirations 

    I hope to work, first in the classroom as a law teacher then get elevated to the Bench.

    Marrying a lawyer?

    Yes! I would love to marry a lawyer. It is sometimes difficult relating with a non-lawyer, because they constantly remind you that you are a lawyer and you are using ‘lawyer sense.’ Still trying to figure out what ‘lawyer sense’ means (laughs).

     

     

  • Lawmakers vs Lagos: A law against the law

    The lawmakers in Abuja seem eager to stir trouble. Professor Itse Sagay has put their feet to the fire over their emperor’s salaries. They are still wining over it. Chidi Odinkalu has exposed a tyrant’s law they are cooking over NGOs. This page will address that soon. Now, amidst calls for restructuring, they are trying to interfere with settled law over tourism, and they are duelling Nigeria’s iconic state, Lagos.

    It’s impunity at work when lawmakers want to upturn what the Supreme Court has ruled upon. It has upheld the 2003 and 2009 hotels licensing laws passed by the Lagos State House of Assembly. There are many things wrong with what is going on in the centre. One, the federal agency is trying to eat where it did not sow. Lagos has made money with ingenious tax policy, which is helping to fuel the work alpha Governor Akinwunmi Ambode is doing.

    Two, the licensing law of tourism affects hotels and associated businesses, and it is within the purview of the state to reap what it flowers and protects. Three, the federal tourism agency sued Lagos over this matter, and the Supreme Court ruled in Lagos’ favour. Four, the lawmakers want to torpedo the constitution by making a law against the law. That would be a fakery of a tour de force for tourism. They had seen the real tour de force Lagos has pulled off with its revenue.

    Five, the Supreme Court ruled for federalism, hence Lagos passed the law. The centre is acting against the grain. Six, the constitution distinguishes between exclusive and concurrent lists. Exclusive belongs to Federal. Licensing hotels is concurrent.

    This is illiteracy of impunity and impunity of legalism. It cannot stand.

  • Bayelsa SSG Dokubo-Spiff bows out to face law practice

    Secretary to the Bayelsa State Government (SSG) Chief Serena Dokubo-Spiff has bowed out following his decision to return to law practice.

    The governor said it was difficult for him to let his SSG go because of their ties, adding that he “conscripted” Serena-Dokubo, a lawyer, into politics.

    Dickson said the former SSG rose from the Office of the Deputy Chairman of Peoples Democratic People (PDP) to become the substantive boss of the party and later led the PDP to a second term victory.

    He said Dokubo-Spiff, a traditional ruler, performed creditably as SSG, adding that he allowed him to go following his pleas he wanted more time to revive his law chamber.

    He said the decision was also to enable him discharge his traditional responsibilities to his community.

    Dickson insisted Dokubo-Spiff will still be a critical part of his restoration government, and made him chairman of the reconstituted board of  Bayelsa Development and Investment Corporation (BDIC).

    Also, Deputy Governor Rear Admiral John Jonah (retd) commended the former SSG for his contributions to the restoration government.

    Dokubo-Spiff thanked Dickson for giving him the opportunity to serve the state and pledged his willingness to continue to pursue the ideals of his government.

    He praised the governor for his commitment to the development of Bayelsa and the Ijaw nation, saying it was a privilege to have worked with him.

     

  • IPOB as a terrorist organisation: What the Law, legal experts say

    IPOB as a terrorist organisation: What the Law, legal experts say

    The Terrorism (Prevention) Act 2013 defines a terrorist as “a person who knowingly does, attempts or threatens to do an act preparatory to or in furtherance of an act of terrorism….”

    It defines acts of terrorism as “an act which is deliberately done with malice, aforethought and which may seriously harm or damage a country or an international organisation.”

    From the reasons given by the Defence Headquarters, the most relevant subsections that justify the declaration of the Independent People of Biafra (IPOB) as a terrorist organisation are those under Part 1.

    They define acts of terrorism as those which: “(i) unduly compel a government or international organisation to perform or abstain from performing any act; (ii) seriously intimidate a population; (iii) seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation; or (iv) otherwise influence such government or international organisation by intimidation or coercion.”

    Others under subsection (c) include an act “that involves or causes, as the case may be, an attack upon a person’s life which may cause serious bodily harm or death.”

    Such acts include: “(ii) kidnapping of a person; (iii) destruction to a government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss.”

    Under Sub-Section (3), they also include: “An act which disrupts a service but is committed in pursuance of a protest.”

    Legal experts are divided on whether the Defence Headquarters was right to categorise the Independent People of Biafra (IPOB) as a terrorist organisation.

    This is because the Act provides that only a judge based on an application by the Attorney-General of the Federation, the National Security Adviser or the Inspector General of Police on the approval of the President can so declare.

    The section (2) says: “An order made under sub-section (1) of this section shall be published in the official gazette, in two National newspapers and at such other places as the judge in Chambers may determine.”

    Some of the acts allegedly perpetrated by IPOB members, legal experts say, may fall within the definition of acts of terrorism.

    A Senior Advocate of Nigeria (SAN), Mallam Yusuf Ali, said the military must have acted on information that is not known to the public in declaring IPOB a terrorist organisation.

    “I think the Army knows exactly why it made the declaration. They have better facts than the rest of us. So we must give them the benefit of the doubt, that they know what they’re doing and that they have better facts than us,” he said.

    The SAN, however, said the use of dialogue in resolving the issues should not be ruled out rather than declaring “war” against IPOB.

    “I think we should learn lessons in this country. Anybody who has seen war or the effects of war as happened to us in the civil war and the various wars being fought all over the world will not promote war. Only those who don’t value human life will.

    “I think there are sufficient mechanisms in our laws to peacefully express and resolve whatever disagreements we have.

    “Resort to violence or declarations that are unconstitutional must be discouraged. All of us must obey the law of the land.

    “I think the matter is getting a bit out of hand, with reports of buses being stopped and passengers being asked which ethnic group they’re from to either be molested or killed.

    “We should stop all this madness. Whatever it will take us to ensure there is sanctity of life, that our country remains one, we should do it.

    “There are no disagreements we have that we cannot come to a table to talk about. None,” he said.

    Another SAN, Mr Ahmed Raji, said before any group is declared a terrorist organisation, certain conditions must be met.

    “I don’t think under the anti-terrorism law, the army headquarters is the appropriate organ to declare a body a terrorist organisation.

    “Before a body is declared a terrorist organisation, there are stages to follow under the Act. There should be a court order to that effect and then it’ll be gazetted and published. Until all these steps are duly followed, it may not hold water in law.

    “I believe for the purposes of integration and understanding, we should be a bit more circumspect in how we categorise individuals or some societies.

    “I think dialogue will go a long way to assist us in resolving some of these lingering problems. But that is not to say that excesses should be condoned.

    “We should use the instrumentality of dialogue to resolve whatever is agitating any set of persons in the interest of all of us.

    “There is need for caution on both sides. Calling for breaking of the country should not be. We should learn to resolve problems not to compound issues.”

    According to Lucas Daramola (SAN), if the military’s claims can be proven then IPOB would find it difficult to shake off a terrorism tag.

    He said: “That depends on the veracity of the claim. If IPOB truly engaged in those actions you listed, nobody can fault the classification. Every act of insurrection against the state can be so classified.”

    Seyi Sowemimo (SAN) reasoned that the terrorism classification may be unnecessary. He suggested that a better path for the government would be to prosecute individual offenders rather than ‘demonising’ the entire group.

    Sowemimo said: “I have some difficulty in classifying them as a terrorist organisation because you could also call this a political struggle, although it’s not supposed to be an armed struggle. There is a tinge of criminal offence associated with it.

    “But I don’t think the classification can lead to a solution for the problem. I think the matter is one that is best solved through dialogue than through this type of classification. I think the classification will only escalate the tension in the country.

    “So, my opinion is that when people are engaged in this sort of political struggle in which they are asserting something like self-determination, it is not advisable to classify them as a terrorist organisation.

    “If there are people who have committed criminal offences, they should just try them under the ordinary criminal laws such as the one dealing with the bearing of firearms without licence, and not trying to deal with the whole organisation in the manner they are doing.

    “Those that have committed offences and are members of IPOB should be charged to court under the appropriate law, but classifying the organisation as a terrorist one is not helpful.”

    Constitutional lawyer and human rights activist, Mike Ozekhome (SAN), faulted the military’s terrorism tag. He said the Defence Headquarters’ examples against IPOB are not weighty enough to justify a terrorism claim.

    He said: “I do not believe the instances cited by the Defence Headquarters justify declaring IPOB a terrorist organisation. The last time I checked, I can’t remember any of such organisations operating in the country being declared terrorist organisations.”

  • Mogajis back Olubadan chieftaincy law review

    The Ibadan Council of Recognised Mogaji has expressed support for the review of the Olubadan chieftaincy system by the Oyo State government.

    The government reviewed the 1959 Olubadan Chieftaincy Declaration last month and elevated baale and high chiefs to oba while the Olubadan of Ibadan became an imperial majesty.

    But some mogaji (family heads) have gone to court, challenging the propriety of the review because the review elevated baale above them.

    But the Ibadan Council of Recognised Mogaji issued a communique at the end of its meeting at the weekend at Mapo Hall in Ibadan, the state capital, saying the review was done in good faith.

    They noted that it elevated the throne of the Olubadan.

    The communique signed by its Chairman, Mogaji Asimiyu Adepoju Ariyori, and the Secretary, Mogaji Isiaka Raji Elegbaowo, reads: “There are no other recognised mogajis than the Ibadan Council of Recognised Mogajis. We found out that some faceless people are using the misunderstanding on the Ibadan chieftaincy reform as an opportunity to portray themselves as the authentic mogajis and thereby causing distraction.

    “We are not part of any rancour; neither are we interested in any crisis in Ibadan or a divided Ibadan. We want a united Ibadan and we are interested in the development of Ibadan land as well as that of our leaders.

    “We resolved that the chieftaincy reform was done in good faith and it brought elevation to our father, the Olubadan of Ibadan, the Olubadan-in-Council, the baales and the people of Ibadan.

    “We want to assure the people of Ibadan that the reform was done in a right way. We solemnly support the governor. We are telling the government that it has our backing on the recent elevation of our father, the Olubadan of Ibadan, and our former high chiefs. We are interested in the elevation of our leaders but if the government engages in activities that belittle our leaders, we will not support the government.

    “We are not interested in anything that will destroy the peace in Ibadan. We are happy with what Governor Abiola Ajimobi has done and we want to assure our people that nothing has changed in the ascendancy structure of the Olubadan throne.

    “We want understanding of the people and we do not want the four dissidents, the so-called mogajis, to destabilise the peace in Ibadan as well as misinform the people. Anybody who is a traditional Mogaji-in-Ibadan will be among us. We do not want a crisis in Ibadan and we are appealing to the four mogajis, who are calling themselves authentic mogajis to desist from activities that can cause disharmony in the city.

    “We are not politicians; we are traditional chiefs of the city. They (the four mogajis) are politicians and that is why they cannot be with us. We wonder why four people will be more than us?

    “We, therefore, implore the government, our father, Kabiyesi, the Olubadan of Ibadan, the newly created Obas-in-Council and elders in Ibadan to come together for the progress and development of Ibadan.”