The Nation Newspaper

Tag: Lawyer

  • My ordeal in police hand, by lawyer

    My ordeal in police hand, by lawyer

    The lawyer also alleged that the policemen removed the N150,000 he kept in his car’s pigeonhole.

    He said he was driving by the Onipanu Police Station when he was stopped by Corporal Alonge, who accused him of using a fake tinted glass permit.

    Elemihe said: “On my way from Lekki where I went to check a property with my client, I decided to use the Onipanu Police Station Road, by Apata.

    “Immediately I drove into the street close to the station, one Corporal Alonge stopped me, demanded for my vehicle particulars. I gave them to him, then he demanded for my driver’s licence, which I also gave him.

    “When he discovered I did not commit any offence, he asked for my tinted glass permit, which I gave him. He told me I was using a forged tinted glass permit. I told him I could not have forged a police document as a lawyer.

    “He became furious and said he was going to arrest me. He jumped into my vehicle and insisted I must give him N1,000 to bail myself. I said I was not going to give him any money since I have not committed any offence.

    “He pounced on me and cocked his gun, threatening to shoot me if I make a move. A policewoman who sighted us came and dragged the gun from him.

    “The policeman, after being disarmed, descended on me and gave me the beating of my life. He pushed me into the cell and another policeman came inside, locked up the cell and beat me for 30 minutes.

    “I see this as intimidation of the highest order, not because I am a lawyer, but because I am an average Nigerian. I was humiliated like a common criminal.

    “This is oppression. One of my eyes is partially blind. I have been vomiting blood since yesterday. It was the intervention of a good policeman in the station who warned them not to kill me that save me. I would have been dead by now,” he said.

    Police spokesperson Dolapo Badmos, a Superintendent (SP), said: “We are aware of the incident and the leadership of the command is looking into the matter.”

    It was gathered that Police Commissioner Fatai Owoseni has summoned the Onipanu officers to the command’s headquarters in Ikeja for interrogation.

  • Lawyer battles to regain sight after police assault

    Lawyer battles to regain sight after police assault

    A Lagos lawyer identified as Sunday Elimihe, 42, is currently battling partial blindness after he was allegedly beaten up  by some policemen attached to the Onipanu Division in Lagos.
    Elimihe was rushed to the Shomolu General Hospital Thursday, after he was assaulted by some policemen because he refused to give them N1,000 bribe.
    The lawyer also claimed that his attackers collected N150,000 he kept in his car’s pigeon hole and urged President Muhamadu Buhari and Governor Akinwunmi Ambode to rescue innocent Nigerians from daily police brutality.
    Trouble was said to have started after a certain Corporal Alonge accused the victim of using forged tinted glass permit.
    Reliving his ordeal from his hospital bed, Elimihe said that he was beaten for 30 minutes inside the cell, after a policewoman collected Alonge’s gun who had threatened to shoot him.
    He said: “On my way coming from Lekki where I went to check a property with my client, I decided to use the Onipanu police station road, by Apata.
    “Immediately I drove into the street close to the station, one Corporal Alonge stopped me, demanded for my vehicle particulars. I gave them to him, then he demanded for my driver’s license, which  I also gave him.
    “When he discovered I did not commit any offence, he asked for my tinted glass permit which I gave him. He told me I was using a forged tinted glass permit. I told him I could not have forged a police document as a lawyer.
    “He became furious and said he was going to arrest me. He jumped into my vehicle and insisted I must give him N1,000 to bail myself. I said I was not going to give him any money since I have not committed any offence.
    “He pounced on me and cocked his gun threatening to shoot me if I make a move. Another policewoman who sighted us came and dragged the gun from him.
    “The policeman after being disarmed descended on me and gave me the beating of my life. He pushed me into the cell and another policeman came inside the cell, locked up the cell and beat me for 30 minutes.
    “I see this as intimidation of the highest order, not because I am a lawyer, but because I am an average Nigerian. I was humiliated like a common criminal.
    “This is oppression. One of my eyes is partially blind. I have been vomiting blood since yesterday. It was the intervention of a good policeman in the station who warned them not to kill me. I would have been dead by now,” he said.
    Efforts to get the command’s spokesperson, Dolapo Badmos, a Superintendent of Police  (SP) for official comment failed as at press time
    However, it was gathered that the state Commissioner, Fatai Owoseni has summoned the officers at the command’s headquarters for interrogation.

  • Lawyer recommends adoption as viable alternative to abortion

    Lawyer recommends adoption as viable alternative to abortion

    Mrs Maureen Ajogo, an Abuja-based legal practitioner, says giving up an “unwanted” child for adoption is a better option than having an abortion.

    Ajogo gave the advice in an interview with the News Agency of Nigeria (NAN) in Bwari.

    According to her, abortion is a deviation from the moral norm of the sanctity of human life.

    The legal practitioner said no civilised society should permit a human to intentionally take the life of another human.

    “It must be punishable. However, adoption is a viable alternative to abortion.

    “There is no such thing as an unwanted child. Look around you today; you hear of families travelling to remote places just to either conceive or get a child they can adopt,’’ she said.

    Ajogo explained that abortion could result in complications later in life with the person terminating the pregnancy at risk of experiencing ectopic pregnancy, miscarriages, and pelvic inflammatory disease.

    She identified rape victims as persons at risk of becoming pregnant with an “unwanted’’ baby.

    According to her, if a situation like that should arise, the victim should be given proper medical care to ensure that she does not get pregnant.

    “This is how the excuse for the act of terminating the pregnancy begins because we say it is unwanted.

    “Abortion punishes the unborn child, who has committed no crime.

    “It is the perpetrator who should be punished. Abortion should not be used as another form of contraception,” Ajogo said.

  • Lawyer slumps, dies in court

    Tragedy struck on Tuesday, when a lawyer slumped and died at the premises of the Lagos State Magistrates’ Court sitting in Igbosere.
    The deceased, identified only as ‘Chidi’, was scheduled to appear as defence counsel for two men: Okedairo Okedeji, 38, and Akolade Agbola, 28, who were alleged to have stolen meat and snail worth N28,000 from Southern Sun Hotel in Ikoyi, Lagos.
    The men had been arraigned on February 29, and were out on bail after meeting the conditions set by Magistrate (Mrs.) F. M Dalley.
    The deceased was due to represent them Tuesday at their trial, but he and the defendants arrived in court after the case had been called and adjourned till April 14.
    The Nation learnt that he apologised to the court for their lateness and explained that it was due to heavy traffic.
    He also tried to plead with the Magistrate for a change in the adjourned date, but in the course of pleading, he was cut short by fits of coughing and began gasping for breath.
    When the coughing would not stop, he started clutching his chest and gasping, ‘Obim!’ ‘Obim!’, the Igbo word for ‘My chest!’ ‘My chest!’
    Those around quickly helped him, unloosen his tie and helped him outside the courtroom to get fresh air.
    He pleaded that they should help him get a cab to take him home.
    As he was rushed downstairs, he appeared to have lost consciousness and one of his clients carried him on the back down the staircase.
    By the time the cab arrived he had stopped breathing.
    The apprehensive cab driver was persuaded to take him to the Lagos Island General hospital and the deceased was put in the vehicle and driven away.
    The cab driver returned returned minutes later with him to the court premises and declined to carry a corpse in his taxi for fear of police harassment.
    The Nation learnt that his corpse was eventually deposited at the Lagos Island General Hospital morgue.

  • Lawyer: DSS erred on Ekiti Assembly

    Lawyer and rights activist Mike Ozekhome yesterday condemned the invasion of the Ekiti State House of Assembly by the Department of State Services (DSS), saying it was an affront on democracy.

    He demanded the release of a lawmaker, Afolabi Akanni (Efon) or his arraignment in court.

    Ozekhome said in a statement that the invasion was curious and condemnable, adding that the hallowed chamber had been desecrated.

    He said: “The action of the DSS in invading the Ekiti State House of Assembly and taking away a lawmaker is condemnable and undemocratic.

    “A House of Assembly is hallowed and sacred and should never be desecrated on any account.

    “The DSS is established primarily for security matters and for intelligence gathering within Nigeria, for the protection of senior government officials. It is neither the police nor the Economic and Financial Crimes Commission (EFCC).

    “The invasion is more curious and detestable, happening as it did, in Ekiti State where Governor Ayodele Fayose has been a well known critic of President Muhammadu Buhari, his government and his All Progressives Congress (APC).

    “The impression must not be given that the present government, which rode to power on the crest of popular opposition and critical dissent, is muzzling the opposition or brow beating and intimidating those who hold different opinions.

    “The invasion of a House of Assembly is a very serious thing which goes against democratic practice and the rule of law.

    “Our constitutional democracy envisages robust opposition because power corrupts, absolute power corrupts absolutely.

    “Nigeria’s freedoms, liberties and rights should be allowed to flourish and should not be abridged or decimated on the altar of political expediency.

    “Power itself is ephemeral. Its wielders should always act with discretion, respect for the constitution and extant laws.”

     

  • How to end Osun, doctors’ rift, by lawyer

    How to end Osun, doctors’ rift, by lawyer

    A Lagos lawyer, Adebisi Ogundipe, has suggested ways of ending the impasse between the Osun State government and striking doctors.

    Ogundipe, who described the ongoing rift as a lose-lose situation, urged both parties to return to the negotiating table to resolve their differences.

    The lawyer, who will be installed as the Agba Akin of Iyanfoworogi, Ile-Ife, at the weekend, said the parties should reach a compromise in the face of the prevailing economic situation.

    Admitting that government should prioritise doctors’ salaries and emoluments because of their significant roles, he urged the doctors to show some level of understanding in the travails of the administration of Governor Rauf Aregbesola.

    His words: “Give it to the doctors, they play formidable role in the lives of the people and they must be accorded due respect. But, at the same time, I expect them to understand the travails of the present administration and to empathise with the government.

    “They should sit with the government, discuss, negotiate and reach an agreement on the way out of the logjam for the sake and benefit of the good people of Osun State.

    “It’s about management; it’s about reconciliation by negotiation; it’s about dialogue and not about indefinite strike. At the end of the day, going to strike will not do anyone any good.

     

  • National Assembly lacks will to pass PIB, says lawyer

    A lawyer  has blamed the non-passage of Petroleum Industry Bill (PIB) on lack of political will by the National Assembly and the Federal Executive Council (FEC).

    Mr Taiwo Ogunleye said the non-passage of the bill has caused a  problem for the oil and gas industry, and  the economy.

    He said transparency issue was a major challenge in the industry, and noted that restructuring of the sector could be efficiently carried out without amendment or repeal of the law as the case may be.

    He said: “We have transparency and accountability issue. We have low investment in the sector because people are not sure what the fiscals would be in order to be able to plan on it. The situation is like the petroleum industry is in a state of uncertainty because nobody wants to invest without certainty.”

    Ogunleye, who spoke with The Nation in Lagos, said having sent the bill to the National Assembly, it is the responsibility of the government to follow up on it. Similarly, if the legislative arm has a problem with the bill, it also has the responsibility to get back to the executive

    “First of all, there was a delay because it took them (legislators) long period to even give consideration to begin deliberation on passage of the bill. If a bill had been sent to the lawmakers as at 2012, and they began to consider the passage in 2015, there is a question of whether they actually had the intention or will to do so,” he said.

    He blamed the National Assembly for identifying the provisions in the bill that were adequate and refused to approve them for passage into law.  He said the lawmakers could have reduced the bill to the size that can be passed, while work on the contentious ones continues.

    The executive arm of the government is also supposed to follow up on the bill to know what has delayed the passage.

    Ogunleye said the 2012 PIB was very adequate when compared to that of 2008. According to him, in 2008 two things were not satisfactory, the provisions on the upstream, which he said was not different from the existing legislation.

    In addition, provisions on fiscals were also nothing different from what was in place now. He said political will was fundamental and crucial for the current National Assembly to pass the bill into law. He advised the Federal Government to see the passage of the bill as a serious business and take steps towards ensuring that the bill is passed.

  • EFCC to quiz top lawyer over £22.5m Abacha loot

    EFCC to quiz top lawyer over £22.5m Abacha loot

    Uncertainty over ‘stolen’ $400m

    There is the  £22.5m (N6.18billion) loot which the late Head of State, Gen. Sani Abacha, allegedly stashed away on the Island of Jersey?

    This is the puzzle the Economic and Financial Crimes Commission (EFCC) is trying to resolve.

    Besides, there is uncertainty over the whereabouts of over $400million Abacha loot on the Island.

    The anti-graft agency may quiz a Senior Advocate of Nigeria, Mr. Damian Dodo, over the cash “any moment from now”.

    Dodo, who spoke with our correspondent last night, said a UK-based lawyer, Erico Monfrini collaborated with a three-man Federal Government team —Dodo, ex-Attorney-General of the Federation Mr. Mohammed Bello Adoke (SAN) and EFCC’s ex- Secretary Mr. Emmanuel Akonmaye.

    A source, who spoke in confidence, said: “We are probing the whereabouts of £22.5m (N6.18billion) loot of the late Head of State, Gen. Sani Abacha which was recovered from the Island of Jersey. The EFCC cannot locate where the money was remitted to.

    “According to records, the late Head of State allegedly stashed the funds through a Lebanese called Bhojwani. But when the Office of the AGF was alerted by a whistleblower, the government of ex-President Goodluck Jonathan opened discussion with the Attorney-General of the Island of Jersey.

    “The AG of the Island of Jersey cooperated fully with the government, leading to the repatriation of the £22.5m. We want to know where the money is; we need records from those involved.”

    Replying  a question, the source added: “We are inviting Damian Dodo, who played a key role in securing the £22.5m (N6.18billion) loot for the Federal Government to give the details.”

    The source said it was unclear if the Jonathan administration collected $400million Abacha loot also stashed on Jersey Island.

    He said:  “There is also uncertainty about $400million Abacha loot on the Island.

    “The government of Island of Jersey pledged to repatriate the stashed funds and even initiatted a process towards that. As I speak with you, no one can account for the $400million.

    “What we have been hearing is that the Government of Island of Jersey was demanding a proportionate part of the funds. Again, there is uncertainty whether the loot was remitted or is diverted or still on the Island.

    “This is why the EFCC team is stepping up investigation into Abacha loot on this tiny island.”

    In a chat with our correspondent last night, Dodo said: “The EFCC was part of the negotiation for the repatriation of the £22.5m (N6.18billion) loot; it should just go through its records instead of calling for my head over nothing. The former Secretary of EFCC represented the commission at every stage of the recovery.

    “The terms of agreement were clearly spelt out and the Federal Government provided the account in which the recovered funds should be paid. At inter-governmental level, the EFCC can ask the Federal Government to contact the Government of Island of Jersey for all transaction records.

    “I have nothing to hide. No repatriation negotiation was done under the carpet at all. We did our best for this nation in recovering the looted funds. The Government of Island of Jersey  wanted the substantial part of the money and we said ‘no’. We said Nigeria needed the money more than the Island of Jersey.

    “ It is just vendetta. I have nothing to hide. They have searched all my accounts in order to find out whether or not I transferred money to Adoke. They could not find anything against me. I think they are after the former AGF at all cost.

    “The EFCC was involved from the beginning to the end, why can’t they check their records instead of scandalising me.”

    On the $400m still stashed  on the Island of Jersey, Dodo said: “They should get in touch with the Government of Island of Jersey.”

    At the opening ceremony of the 8th Edition of the National Seminar on Economic Crimes, which was held at the EFCC training school in Abuja, the ex-AGF alluded to the recovery but he did not give details.

    He said: “Only recently, we negotiated the recovery and repatriation of the sum of £22.5m from the Island of Jersey, being the proceeds of money laundered from Nigeria.

    “I wish to seize this opportunity to commend the Attorney-General of Jersey for the support and cooperation we received and urge other jurisdictions to also extend to us, the much needed cooperation to enable us repatriate stolen assets within their jurisdictions.

    “Our experience has shown that despite international condemnation of corruption and money laundering, many jurisdictions where stolen assets to victim states or impose stringent conditions for its repatriation with attendant negative consequences on victim states.

    “We also intend to vigorously pursue stolen assets and the confiscation of other instrumentalities of crime within the country by strengthening our confiscatory and forfeiture laws.”

     

  • Why Courts give conflicting judgments – Lawyer

    An Abuja-based lawyer, Mr Abdul Mohammed has said that two seemingly similar cases could get different judgments as a result of different facts made available to courts.

    Mohammed stated this on Sunday in Abuja in an interview with the News Agency of Nigeria (NAN) on recent criticisms of the judiciary over conflicting decisions.

    “On the street, the way a case is viewed can be different because there may be some basic information that the court will or will not be privy to.

    “So, those outside might not be privy to these facts which will be the basis on which different decisions will be given in two seemingly similar cases.

    “Also, sometimes when the outcome of a case is different, it could be as a result of changing circumstances at the time,’’ he said.

    He said that judges could not determine a case with information outside of what was presented before them by parties to the case.

    Mohammed also noted that judges were not infallible adding that a judge could make mistakes.

    In criminal cases, the lawyer said it was imperative for the investigators to do a thorough job before bringing the defendant to court.

    He lamented that judges were working under very poor conditions with no infrastructure in the courts and inadequate prosecutors.

    “We need more manpower because in the entire country, we have only about 5, 000 judges and we are about 160 million people.

    “How do you expect the problems of 160 million people be solved by just 5,000 judges?

    “We need to massively increase the number of the judges to a commensurate number to make their work easier.

    “For instance, there are just three prosecutors from the NDLEA servicing 11 courts in the Federal High Court in respect to drug related offenses.

    How do we expect them to cope with the rising drug related cases,’’ he said.

    He expressed confidence that the enactment of the Administration of Criminal Justice Act, 2015 will help to fast track justice.

    According to him, the law will go a long way in addressing some of the challenges facing the judiciary.

  • Lawyer wants experts to handle election petition cases

    Lawyer wants experts to handle election petition cases

    An Abuja-based Senior Advocate of Nigeria (SAN), Mr Solo Akuma, has advocated the handling of election petitions by experts in that field of law.

    Akuma told the News Agency of Nigeria (NAN) in Abuja on Friday that experts handling the cases would facilitate quick dispensation of justice.

    The senior advocate reasoned that election petitions were not the conventional matters that were dealt with on a daily basis by the courts.

    “Election petition cases are special areas of law. It is not every legal practitioner that can do it well.

    “It is left for litigants that want to embark on election petition to contact a lawyer that is vast in that area to handle their cases,’’ he said.

    He said that the decision of the Court of Appeals in the country on election petitions were “a clear demonstration of justice in the judiciary’’.

    In the same vein, Mr Stan Ofoma, another lawyer, told NAN that the judiciary rendered justice to the masses without fear, favour, affliction or ill-will.

    Ofoma said that court justice should be well appreciated by the ordinary man in the street and from the standpoint of the law.

    He said that the judiciary had been in the eye-of the-storm in recent times, and attributed it to political influences.

    “Nevertheless, the judiciary has been in the forefront of late, we hear of judgments here and there every day; they give judgment on the same issue, even though it is not the same case.

    “Every other day we hear that this court has given judgment on one issue, our brother court is giving a different judgment on the same issue even though it is not the same particulars.

    “It is a cause for concern.’’

    He, however, expressed optimism that in 2016 both the bench and the bar would render its duties sacredly to the society.

    “I want to believe that this year, God willing, the judiciary both the bench and the bar will realise our sacred duties to ourselves as individuals and to the society.”