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Tag: Lawyer

  • 50 cheers to a lawyer

    50 cheers to a lawyer

    For Ibukun Oluwa Oremodu, a lawyer and the Baamofin of Arigbajo land in Ogun State, it  was a day to give thanks to God for turning 50. The celebration held at the Redeemed Christian Church of God (RCCG) Green Pasture Chapel, Fagba-Iju, Lagos State. OLATUNDE ODEBIYI reports.

    The Redeemed Christian Church of God (RCCG) Green Pasture auditorium in Fagba-Iju, Lagos State, was decorated with purple and yellow fabrics. It was the day an elder in the church, Ibukun Oluwa Oremodu, a lawyer and the Baamofin of Arigbajo land in Ogun State, turned 50.

    He looked handsome in cream lace buba and sokoto. He sat with his wife, Adedoyin, who  also wore the same attire.

    Many royal fathers came to share in his joy; church and family members and friends were also there.

    The church choir led the gathering in praises. The celebrator and his wife could not hide their gratitude as they danced to the songs.

    In his ministration, Pastor Yomi Olurinto spoke on  “Season of rejoicing, what am I living for”.

    He read Psalm 90, 10-14; Colossians, 1:27 and Numbers 23:10.

    He urged the congregation to serve God faithfully and be God-cautious.

    After the service, the celebrator and his wife cut the birthday cake at the spell of JESUS. The cake was purple and white colour.

    Chairman on the occasion, Chief Victor Odunaiya, described the celebrator as wonderful, loving, understanding, articulate and friendly. He urged him to continue to do his job without fear of default to anyone, and he should make God first in all that he does.

    At the thanks giving, Pastor Soji Omotunde of The Nation led the gathering in prayers for the celebrator and his family.

    Many of the guests spoke about the celebrator before the ceremony continued with a reception at the same venue.

    Olu of Arigbajo Land in Ewekoro Local Government, Ogun State, Oba Timothy Oluwole described the celebrator as honest, gentle, a goal getter and a Christian to the core.

    He thanked God for the life of the celebrator, saying he was a small boy at 50.

    Bishop Olusesan Adeniran described him as an intelligent lawyer.

    “He has a good relationship with people, his clients, the church and the public and he would not compromise his Christian faith for any reason. He is an example of a Christian in the legal practice, interacting in cases without involving anything outside his Christian faith,” he said.

    HRM Oba Fatai Alani Matanmi, the Onijoko of Ijoko Ota, Ogun State, said the celebrator is nice and someone to reckon with.

    He urged him to take life easy at 50 and prayed God to give him long life.

    A lecturer at the University of Lagos, Dr Abiola Sunny, described the celebrator as a calm and amiable person who is committed to his work,

    He described his relationship with him as wonderful over the last 30 years they had known.

    He advised, the celebrator to learn to behave like an adult, he should get closer to God, get committed to community work and try to recognise that life is not all about self, but about society and making it to heaven, he added.

    The celebrator  said he felt great and exceedingly grateful to God.

    He said he had over the years passed through storm but God has been graciuos.

    “Am not only a writer, litigation for 26 years, I’m into land matters and I win my cases. There has been arrows shot and a lot of people have died but I keep on standing because God has been on my side”.

    He said at 50, he has to slow down as he has achieved the necessary things that one should have. He said life has taught him that what you give is what you receive, adding that one had to be hard working to make achievements in life.

  • MTN, lawyer urge court to quash NCC’s fine  

    MTN, lawyer urge court to quash NCC’s fine  

    MTN Nigeria has urged the Federal High Court, Lagos to quash the $3.9 billion sanction imposed on it by the Nigerian Communications Commission (NCC).

    The action came as a lawyer, Abubakar Sani, in a separate suit, also asked a Federal High Court, Abuja to declare the fine unlawful.

    NCC had in October sanctioned the company for allegedly failing to disconnect unregistered subscribers.

    The initial fine of $5.2 billion was reduced by 25 per cent to $3.9 billion earlier this month, with a December 31 payment deadline.

    But MTN, through its lawyers led by a former Nigerian Bar Association (NBA) President Chief Wole Olanipekun (SAN), is challenging NCC’s powers to impose the fine.

    It argued that NCC, being a regulator, could not assume all the functions of the state.

    MTN said the commission could not make the regulation, prescribe the penalty and impose the fine payable to it and not to the Federal Government.

    The firm alleged that it was not afforded its constitutional right to fair hearing before a court of competent jurisdiction.

    Besides, MTN said it had not been found guilty of any offence that would warrant it to pay such a fine.

    It contended that the sanction imposed on it by NCC was within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.

    According to MTN, the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate and impracticable.

    The telecoms company said the deadline was unfair and ran contrary to the requirement to give adequate notice to the subscribers to update their records.

    It accused the regulatory agency of acting as a legislator, executor, accuser, prosecutor, judge and beneficiary of the penalty.

    MTN said NCC’s N200,000 per SIM sanction was excessive, being the highest fine ever imposed on a telecommunications company in the world.

    The company wondered if the fine is truly commensurate with the purported breach and if it would not frustrate its business in Nigeria.

    Attorney-General of the Federation (AGF) Abubakar Malami (SAN) is also a defendant in the action.

    MTN urged the court to determine whether having regard to Sections 1 (3), 4 and 6 of the 1999 Constitution (as amended), the regulatory agency can validly enforce Section 70 of the NCC Act in a manner that encroaches on the exclusive legislative powers of the National Assembly, as well as the judicial powers of the courts established under the Constitution.

    It said having regard to the express tenor of sections 1 (2), 4 and 6 of the Constitution when read together with Section 70 of the NCC Act, whether the commission’s promulgation of regulations 11, 19 and 20 of its Act (Registration of Telephone Subscribers) Regulations 2011 is not ultra vires its subsidiary rule-making powers.

    It also wants the court to determine whether the regulations did not amount to an encroachment on the National Assembly’s legislative powers, as well as the courts’ judicial powers.

    Sani, in his suit, among others, argued that it was illegal for NCC to impose a fine of N200,000 per contravention on any of the four mobile telecommunication companies operating in the country for any breach of its regulations.

    The suit has as defendants NCC, MTN, Emerging Markets Telecommunications Services Limited (Etisalat Nigeria Limited), Globacom Limited and Airtel Networks Limited.

    He urged the court to order NCC to give account of and refund the money it had collected from the four telecommunication companies as fines/penalties in excess of the N100 per contravention for any alleged contravention of the NCC (Regulation of Telephone Subscribers) Regulations 2011.

    Sani, in a supporting affidavit, stated that the NCC had on two occasions imposed fines on the four mobile telecommunication companies for contravening some provisions of the Regulations 2011, under which it imposes N200,000 per contravention.

    He gave an instance in April 2013 when the telecommunication companies were made to pay a cumulative fine of N53.8 million (MTN, N29.2 million; Etisalat, N5 million; Globacom, N11 million and Airtel, N8.6 million).

    He also cited the N1.04 trillion fine NCC imposed on MTN for allegedly refusing to deactivate 5.2 million unregistered/irregularly registered subscribers.

    Relying on Section 12(1)(c)(ii) of the Interpretation Act, Sani argued that the NCC Regulations 2011, being a subsidiary legislation, enacted by the NCC pursuant to Section 70(1) of the Nigerian Communications Act 2003, cannot empower NCC to impose fines in excess of N100.

  • Lawyer sues IGP over ‘illegal’ detention

    A Lagos-BASED lawyer, Otunba Oladipo Abijo has sued the Inspector- General of Police (IGP) at the Lagos High Court, Ikeja over alleged illegal detention.

    He and Chief Damian Osuigwe, Mr. Duru David filed the suit through their lawyer, Chief Macdonald Omolemen.

    The Assistant Inspector-General of Police, Zone 2 Headquarters, Onikan, Lagos; the Commissioner of Police, Lagos State Police Command; ACP Kehinde Oladele ;  CSP Suberu Sanni, Zone 2, CIID, Onikan, Lagos;  ASP Chime, Zone 2 CIID, Onikan, Lagos; Mr. Derry, Zone 2 CIID, Onikan, Lagos;  Mr. Nwigwe G., and Engr. Kingsley Esho are are the second to the ninth respondents.

    The applicants are praying the court to declare that their detention on the alleged instigation of the eighth and ninth respondents is unlawful and illegal and should be declared void.

    The applicants asked the court for an order of injunction restraining the respondents or agents from continuing to harass, intimidate or arrest, detain or threaten their lives.

    They also want the respondents restrained from invading the applicants’ peace, privacy, residence or seize their properties or to further cause breach of the fundamental rights of the applicants in any manner at all or whatsoever.

    They also asked for an order of perpetual injunction restraining the eigth and ninth respondents from erecting a communication mast because of its cancerous effects on the residents of 7th Avenue, HI Close, Festac Town, Lagos or taking any further steps or actions pending the determination of this suit.

    In addition, they asked for an order  restraining the respondents from taking any further steps against the applicants pending the final determination of this suit.

    The applicants sought N5million damages against the respondents jointly and severally for unlawful detention, harassment, intimidation and continued threats to the applicants.

    The applicants claimed that trouble began when the residents of 7th Avenue, HI Close, Festac Town, Lagos discovered that the eighth and ninth respondents were erecting a communication mast on the eighth respondent’s property.

    They averred that considering the danger mast normally pose in congested areas like theirs, the Chairman of the Residents Association instructed the Secretary to call an urgent general meeting where the issue of mast was brought up and the eighth respondent apologized by stating that he was ignorant of the effect of communication mast and promised to discontinue same.

    The applicants alleged that they were detained by the fifth to seventh respondents in a cell where hardened criminals are kept and that they harassed and beat them at the instance of the Police.

    Although the matter has been assigned to Justice Funmi Adeniyi, no date has been fixed for mention while the respondents are yet to file any statement of defense since the matter was filed two weeks ago.

     

     

  • Lawyer petitions NHRC over human right abuses in Rivers

    Lawyer petitions NHRC over human right abuses in Rivers

    The Executive Director Initiation for Advancement of Humanity (IAH), Mr. Gbenga Austen Oladapo, yesterday petitioned the Port Harcourt office of National Human Rights Commission (NHRC) for their inability to effect actions on human right buses in Rivers State.

    Gbenga who led other human right groups to protest NHRC’s inefficiency in Rivers State said there are so many human right abuses which the commission is aware of  but have been left unattended.

    The IAH Director spoke yesterday in Port Harcourt after he submitted a protest letter to the Rivers State office of the NHRC.

    Gbenga, who was angry over the suffering of the victims of human rights abuses, said many people are suffering, some have been evicted from their homes because NHRC failed to carry out their responsibilities.

    “The National Human Rights Commission has fixed several hearings for people who have been forcefully evicted from their homes. But anytime this hearing wants to come up there will be something to scuttle it, because the commission failed to be proactive on pressing issues.

    “Since 2005 they have been rendered homeless, a lot of them are destitute, they are all impoverished and the NHRC is docile. We are protesting their inaction; they should rise to the urgency of the matter   and take up their responsibility.”

     

  • Lawyer seeks review of Infrastructure Commission Act

    Lawyer seeks review of Infrastructure Commission Act

    Lead Partner at the Detail Commercial Solicitors, Mr Ayuli Jemide, has called for a review of the Infrastructure Concession Regulatory Commission (ICRC) Act of 2005.

    He said the commission needs to be empowered to impose sanctions on the Act’s violators. The Act’s provisions on procurement also need to be modified, he added.

    Jemide, who spoke during his firm’s Fifth Business Series, said there is the need for sanctity of contracts so that investors can enforce their rights in record time when infringed upon.

    According to him, terminating contracts unduly can shape investments, as “money has choices as to where it goes.”

    The event had the theme: Nigeria’s infrastructure: What next? Detail Solicitors is distinct as Nigeria’s first commercial law firm to specialise exclusively in non-courtroom practice.

    Jemide thinks the ICRC Act should be amended to give the commission not just regulatory powers, but to be “a dog that can bite”.

    He said: “I think there needs to be specific provisions regarding ICRC’s powers to charge fines and penalties. I also think there is still a conflict between procurement under the ICRC Act and procurement under the 2007 procurement law.

    “A reviewed ICRC Act will have clearer statements on who is responsible for procurement in public private partnerships as opposed to procurement under the 2007 Act, which should deal with traditional procurement.”

    Jemide said Nigeria needs a development bank that will drive infrastructure financing. To him, it will be ideal to have a local development finance institution (DFI) rather than relying on multilaterals or foreign DFIs.

    “If you have your own development bank, it will help to constantly create the right framework and the right space for infrastructure financing. For instance, one of the things a development bank will do is to put seed capital to develop projects up to a point where they are bankable, before you call in investors,” he said.

    Other speakers included Olufunke Jones (Ecobank), Wale Shonibare (United Capital Plc), Hakeem Olopade (Infrastructure Bank Plc), Tony Ejiofor (First Bank Capital) and Opuiyo Oforiokuman (Arm-Harith Infrastructure Investment Limited).

    Discussions centered on other sources of infrastructure funding, such as pension funds, effective taxation, government savings, the capital market, among others.

    On which funding methods he thinks is feasible, Jemide, speaking on the sidelines, said: “I think the lowest hanging fruits will be pension funds because it’s already there. It will be inter-governmental.

    “You just need to create the right avenue for PFAs (Pension Fund Administrators) to be comfortable to put retirement money in a long-term project. One way to secure it is for government to give a guarantee and say: ‘Don’t worry, if anything happens to the project, we’ll pay.’”

    Jones believes banks need to get more involved in projects. “Banks can no longer sit on the fence,” she said.

    For Shonibare, Nigeria can imitate Japan which had long-term savings plan for infrastructure financing. He also thinks Nigeria needs a National Development Bank. To him, institutions, rather than individuals, should finance projects.

    He  suggested that ICRC, which he described as an aberration, should be merged with the Bureau of Public Enterprise (BPE). Government, he said, should not borrow to fund recurrent expenditure to avoid high interest rates and “crowing out” other borrowers.

    Olopade thinks more than one DFI is needed. “The more the merrier, as it is in the US. We need them to do infrastructure financing,” he said.

    Oforiokuman, a former executive at Lekki Concession Company, said the Lekki toll shows that PPP can work in Nigeria. He decried a situation where projects are tied to the initiating governor, saying sometimes long-term projects become short-term after a change of power.

    On why the forum was organised, Jemide said: “We think that beyond being lawyers and working on projects, you should have fora such as this that helps to synthesize thought and feedback to government.

    “If you can’t influence policy, you should have discussions that can help shape policy. At the end of the day, there’ll be a communiqué which we’ll give to people in government privately.”

     

     

  • Lawyer petitions police over threat to client’s life

    The Principal Partner of Jaydes and Co Jane Oluwaseyi has petitioned Ogun State Police Commissioner Abdulmajid Ali over the death of  one Sunday Adefuye and the threat on the life of his father Mr Mutiu Adefuye.

    According to Oluwaseyi, the late Adefuye alongside Lekan Oladitan and Sunday Ajayi were attacked on August 5 with gun around Ogba Ayo in Ijoko-Ota, Ogun State.

    Adefuye died instantly; Oladitan survived the attackand Ajayi escaped unhurt.

    The petitioner claimed that one Mohammed Ogunseye and others are after the survivor so that he won’t testify against them.

    Oluwaseyi said Ogunseye was arrested by police from Eleweran in Ogun State; detained for few days and released.

    “However, to the dismay of our client,  Ogunseye and his cohorts began to send death threat to him and have trailed him all over Ijoko Ota, Ogun state.

    “His life has been threatened continuously.  Our client informs us and we believe same that Mohammed Ogunseye have been bragging around town that no police in Nigeria can arrest him,” Oluwaseyi said.

  • Lawyer hails judge for dismissing charge

    A lawyer, Dr Ubiwe Eriye, yesterday hailed a Surulere Magistrate’s Court in Lagos for striking out one of the two-count charge preferred against a woman, Mrs Esther Williams. Mrs Williams was accused of partially blinding her step-son, Boluwatife.

    The Nation learnt that had mistakenly hit Boluwatife on his left eye while beating him with a cane.

    He was said to have been punished for disobeying his parents’ order not to lock out his younger siblings of their rooms following their return from school.

    The charge read in part: “That you, Esther Williams, on July 4, at Owodunmi Street, Onipanu did unlawfully and indecently deal with one Boluwatife Williams by whipping him with a cane all over his body.

    “That you, on the same date, time, and place did unlawfully grievous harm to one Boluwatife Williams by using a cane to whip him in his left eye as a result of which the eye got completely blind.”

    Chief Magistrate A. Ipaye-Nwachukwu on Tuesday dismissed one of the counts before adjourning the case till December 1.

    Eriye, the defence counsel, said the judge displayed an uncommon wisdom in granting the motion to dismiss one of the counts, adding that, the ruling will help sustain unity in the family.

    In the motion filed before the court on September 30, he prayed that the first count be dismissed on the grounds that it was “erroneous and imperfect.”

    He added that the victim was being punished for disobeying his parents’ instruction to look after his siblings.

    The motion read, “The defendant’s caning of the child as a corrective corporal punishment is not unlawful under the Criminal Law of Lagos State 2011, neither is it unlawful nor indecent as contemplated under Section 135 (1) and (2).

    “Similarly, the defendant’s caning of the child, albeit resulting in an unintended damage to the left eye, is recognised as a lawful act of corporal punishment and is not made unlawful by any act or statute in Nigeria.

    “Equally, Section 24 of the Criminal Law of Lagos State 2011 shields the defendant from any criminal liability whatsoever for the injury to the victim, when as the facts will show, the injury occasioned to the child in the course of corporal punishment was accidental.”

  • Lawyer advocates death sentence for corruption

    Lawyer advocates death sentence for corruption

    A Rivers-based lawyer, Mr Abdulkareem Dauda, has said that an amendment to the law governing corruption to impose death penalty on convicted corrupt government officials and others was justifiable and desirable.

    Dauda said this in an interview with the News Agency of Nigeria (NAN) on Tuesday in Abuja.

    The legal practitioner said death sentence for those found guilty of corruption was justifiable, considering the multiplier effects of corruption, which destroyed every sector of the society.

    He added that “if an armed robber who kills one or two persons or robbed at gunpoint gets a death sentence, what of a corrupt government official whose action destroys many lives?.’’

    He said corruption was a more dangerous offence than armed robbery and should, therefore, attract stiffer punishment in order to deter others.

    “In my opinion, corruption should attract death penalty. People who are saying that corruption should attract death penalty are justified when you look at the many consequences of corruption on the society.

    “When armed robbers attack, they rob an individual or a few people of their valuables and may kill in the process and the offence attracts death sentence.

    “However, corruption kills several people, destroys the economy of a nation, health and social systems and affects several people’s lives, exposing them to various kinds of diseases and even death,’’ he said.

    Dauda concurred with a recent comment credited to former civilian governor of old Kaduna State, Alhaji Balarabe Musa, that 80 per cent of Nigeria’s problems would be solved if corruption was eliminated.

    He also said that “President Muhammadu Buhari is a man of integrity and the proper person that can rescue Nigeria from the syndrome of corruption.’’

    The lawyer further stated that the fight against corruption should also be extended to the judiciary and law enforcement agencies, if government must win the war.

    “I strongly believe that before the anti-corruption crusade can succeed; the president has a lot to do in terms of cleansing the enforcement agencies, especially the police, EFCC, ICPC and the judiciary.

    “We have seen corruption cases where suspects are charged to court but because the police may have been compromised and cannot conduct investigation properly, the judge cannot convict the accused.’’

    He, therefore, suggested the setting up of special courts comprising reputable, steadfast and incorruptible judges to handle corruption cases.

  • Lawyer challenges NIC’s powers

    Lawyer challenges NIC’s powers

    A Lagos-based lawyer, Olumide Babalola, has asked the Federal High Court in Lagos to determine whether judgments of the National Industrial Court of Nigeria should be final.

    He is contending that Section 243 (2)(3) of the 1999 Constitution, which limits the right to appeal judgments of the NIC, offends the principle of fair hearing provided for in Section 36 of the same Constitution.

    He sued the Attorney-General of the Federation and the NIC President.

    Babalola wants the court to determine “whether by the interpretation of the 1999 Constitution, the decision of the NIC on matters listed under Section 254(c) of the Constitution is final and should be so interpreted.”

    He also wants the court to determine “whether the literal interpretation and application of Section 243 (2)(3) of the Third Alteration Act 2010 and the Constitution would not inflict untold hardship on parties affected by the decision of the NIC and continously violate litigants’ right to fair hearing as guaranteed by Section 36 of the Constitution.”

    In a 12-paragragh supporting affidavit deposed to by himself, Babalola said he found “the said provision a bit draconian and contrary to the constitutionally guaranteed right to fair hearing.”

    “Such constitutional provisions as Section 243(2)(3) of the 1999 Constitution, if interpreted literally with its implication, would constantly deprive Nigerian citizens their right to adequately ventilate their grievances through the hierachy of the courts.”

    Babalola is urging the court to declare that “by virtue of Section 254(d)(i) of the 1999 Constitution, the NIC is a court of coordinate jurisdiction, which has same power as the state and federal high courts, hence the right of appeal from the NIC cannot be limited.”

    He also wants the court to declare that “by virtue of Section 243 (2)(3) of the 1999 Constitution, the National Industrial Court’s decision is not final in respect of matters listed under Section 254(c) of the Constitution.”

    But the NIC, through its lawyer, Chief Gani Adetola-Kaseem (SAN), has filed a preliminary objection, challenging Babalola’s locus standi to file the suit.

    Adetola-Kaseem also argued that the NIC is not a juristic person and cannot be sued.

    Besides, he described Babalola’s suit as one which “raises academic rather than live issues, contrary to the established principle that the court is established to deal with and resolve live rather than academic issues.”

    The senior advocate said: “It is instructive that all the reliefs sought by the plaintiff are declaratory in nature and the plaintiff has sought no consequential order.

    “It is also instructive that although the plaintiff’s summons is supported with an affidavit of 12 paragraphs, there is nothing in the said affidavit to suggests that this action arose from a live issue currently pending before the court or that the plaintiff has suffered or is at imminent risk of suffering any injury to himself or anyone else which this action is supposed to remedy.”

    Justice Mohammed Idris has adjourned to November 13 for ruling on the preliminary objection.

     

  • Lawyer disowns anti-Audu, Faleke group

    The Legal Adviser of the Okun Development Association  in Lagos and the South West of Nigeria, Mr. Boyede Ogun, has disowned a group that last month campaigned against the candidacy of Prince Abubakar Audu and Hon. Abiodun Faleke for next month’s governorship  polls in Kogi State.

    Ogun, a lawyer and activist, said genuine Okun people in Lagos and the rest of the South West back both Audu, an Igala, and Faleke, an Okun Yoruba, the All Progressives Congress’ (APC) governorship and deputy governorship candidates for the November 21 polls.

    He said: “The Okun people in Lagos State and the entire south western part of Nigeria are in full support of Prince Abubakar Audu and Hon Abiodun Faleke in the forthcoming governorship election which is to come up by God’s grace on November 21, 2015 in Kogi State.”

    Ogun, a one-time Yagba West Local Government Chairmanship aspirant under the APC, said the anti-APC group is not known to Kogi people whether in the state or in the Diaspora.

    In a recent publication, the said coalition of Kogi State indigenous and towns associations in Lagos State, under the aegis of Kogi People in Lagos (KPL), asked voters to reject the APC governorship candidates, but Ogun declared that the coalition does not represent Kogi people.

    He said: “As the legal adviser of the Okun Development Association in Lagos and the South Western part of Nigeria, we say categorically that the alleged group never existed.

    “The Okun Development Association in Lagos has as its chairman, Chief Owoniyi Akere, Public Relations Officer, Mr. Odunayo Joseph and myself as the association’s Legal Adviser.”

    Ogun  said the coalition’s promoters do not deserve much attention.

    He said: In the light of the above, the likes of Mr Adebukola Ebenezer, Pastor Obalemo, who are calling on people not to vote for the APC are not to be taken seriously.

    “A vote for the APC in Kogi State governorship election will definitely bring Kogi State to the limelight.

    Ogun continued: “It is important to note that the reign of the Peoples’ Democratic Party (PDP) in Kogi State has been associated with poverty, inability to pay workers’ salaries, bad roads, underdevelopment, retrogression and backwardness.

    “It is no longer news that of all the states in the North Central part of Nigeria, it is only Kogi State that is still under the reign of the PDP.”

    The lawyer urged Okun people both at home and abroad to believe in the competence of Audu and Faleke.

    He added: “The duo have been tested and examples of their achievements and experience abound.

    “We, therefore, solicit, persuade and encourage all well-meaning people of Kogi State to vote for Prince Abubakar Audu and Hon Abiodun Faleke for a well deserved change that we are looking forward to seeing on November 21.”