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Tag: Lawyer

  • Lawyer kicks against amnesty for kidnappers

    Lawyer kicks against amnesty for kidnappers

    Lagos Lawyer Norrison Quakers (SAN) yesterday opposed the recommendation that kidnappers be granted amnesty.

    Chief Mike Ozekhome (SAN) made the recommendation after his release by kidnappers last week.

    The recommendation generated criticisms from the public, who said it would promote kidnapping.

    Quakers said it would amount to treating the symptoms with palliatives.

    He said: “I do not believe granting amnesty to kidnappers will stem the tide. As a country, we must address the cause of kidnapping and take decisive steps against it, rather than treat the symptom or apply a temporary palliative.

    “There is so much hunger in the land. People are living far below the poverty line. Many unemployed graduates and youths are frustrated. Many are angry with the apparent divide between the few haves and the several have-nots.

    “The government must make a conscious effort to bridge the gap by creating an enabling environment for Nigerians in terms of jobs, skill acquisition, self-actualisation and entrepreneurial development.

    “The wanton and incessant display of affluence by past and present government officials must be discouraged. Let us redirect our values and educational system.”

     

  • Lawyer sues FRSC over number plates

    Akure lawyer and human rights activist, Mr. Morakinyo Ogele, yesterday sued the Federal Road Safety Commission (FRSC) over the issuance of new number plates to motorists.

    He is seeking five reliefs in a suit filed at the Federal High Court, Akure, the Ondo State capital, dated September 8.

    He is pleading for: •A declaration by the FRSC (respondent) to start impounding vehicles from October 1 without an order of competent court of law as null and void and contrary to Section 44 (1) of the 1999 Constitution;

    •An order of perpetual injunction restraining the respondents, their men, women, agents and officers serving under them from compelling owners of vehicles to obtain what the respondents tagged new number plates and from seizing their vehicles; and

    •A declaration that the number plate already being used by vehicle owners produced by the respondents and obtained by vehicle owners after paying necessary fees is still subsisting as there were no genuine reasons offered by FRSC to change the old number plates.

     

     

     

     

     

  • ADC a victim of politics, says lawyer

    A lawyer, Morakinyo Ogele, yesterday said the Aide-de-Camp (ADC) to Rivers State Governor Rotimi Amaechi, Debeware Semeikumo, who was declared a deserter by the police on Monday, is a victim of the political crisis in the state.

    Police Commissioner Mbu Joseph Mbu said the ADC was declared a deserter, following his alleged failure to honour all lawful directives to see him and the Inspector-General of Police Mohammed Abubakar since July 10.

    The police chief said the decision, allegedly backed by Abubakar, was in line with Section 398 (1) of the Police Act.

    He said Semeikumo’s whereabouts remains unknown to the Force.

    But Ogele said the officer is innocent and was not expected to abandon a serving governor he was detailed to guard. According to him, Semeikumo did not violate any law.

    “The declaration of the police that the ADC to the governor is a deserter is nonsense.

    “The innocent ADC is operating within the four corners (bounds) of the Police Act and the Constitution.

    “The police action can be termed another mischief, which further exposes the police as operating as a private security to the Presidency.

    “The police should be put on notice that historians are watching all their activities in the state and their role will soon be exposed to the world.

    “The conduct of the police is highly condemnable and history will declare them guilty,” Ogele said.

     

  • Police partner lawyers on crime prevention

    The Inspector-General of Police

    Mohammed Abubakar is

    seeking partnership with lawyers in the battle against crime.

    In a goodwill message at the Nigerian Bar Association (NBA) Annual General Conference in Calabar, Cross River State, the police chief said he found the bar and the bench as allies with a penchant for law, order, justice, peace and development in the country.

    He was represented by a Deputy Inspector-General of Police Marvel Akpoyibo.

    According to him, despite the nation’s enormous human and natural resources, the task of nation building has been Herculean.

    He said: “The fears of minorities, the threats of security and the questions of equity, equality and justice have become endemic in our national discourse.

    “We have recorded some successes, such as keeping the country together in the face of these challenges.

    “Nation-building is, therefore, the outcome of deliberate statecraft on the part of every Nigerian.”

    He added: “We in the Nigeria Police Force acknowledge that the requirement of law enforcement which is the hallmark of our constitutional responsibility derives from and assumes meaning in law-making, law interpretation and adjudication.

    “The police, the bar and the bench are, therefore, so inextricably inter-dependent that the more we collaborate at strategic and tactical levels, the better it would be in the Temple of Justice, the criminal justice administration system and national security. “The Bar could partner with us and leverage the force in areas of information and intelligence development, public enlightenment against crime, training in prosecution, human rights rules and international best practices, gender-based violence and discrimination, institutional litigation and corporate responsibility.

    “The Nigeria Police Force is your police force, your friend and your indispensable ally in the administration of law and justice.”

     

  • Address the Assembly or go back for medication, lawyers tell Suntai

    Address the Assembly or go back for medication, lawyers tell Suntai

    It is 10 days since the return of Taraba State Governor Danbaba Suntai. Contrary to expecta tions, the situation in the state is getting worrisome by the day. The House of Assembly has asked Suntai to go back to the United States to continue with his treatment until he is fit to take over his office as governor.  The Speaker, Haruna Tsokwa, said the Deputy Governor, Alhaji Garba Umar, should continue to act until the governor is fit.

    Suntai arrived in Nigeria two Sundays ago from Sea View Hospital Rehabilitation Centre and Home, New York, where he had been recuperating, having been moved there from the German hospital he was flown to after the multiple injuries he received in the October 25, 2012 plane crash at Yola Airport. He spent four months in the New York hospital. He had earlier spent about six months in the German Hospital, bringing his stay outside the country for medical treatment to 10 months.

    The governor, a pilot, flew the ill-fated Cessna 208. With him in the aircraft were his Aide de Camp (ADC), Iliya Dasat, Chief Detail, Joel Danladi and Chief Security Officer (CSO), Tino Dangana, all of whom have recovered from the injuries sustained in the crash and returned to the country.  While in Germany, it was reported that the governor had brain-damage from the severe injuries he sustained in the head in the crash. It was reported then that Suntai may not be able to function effectively again as governor because it would take some time for him to fully recover and return to the country.  The report generated a lot of controversy but the state government refuted it and insisted that Suntai was not brain-damaged. He was actually responding positively and very fast to treatment, it said.

    The governor arrived in the country by a chartered aircraft, a Gulf Stream Jet belonging to Shell Air. He was assisted to disembark from the plane by three men and later driven straight from the tarmac to the VIP lounge of the Yola International Airport. None of the  reporters who thronged the airport, anxious for a good interview with him, was allowed access to him. Suntai, from his picture taken at the airport on the day of arrival and published in the dailies, looked frail and was expressionless contrary to the mood and excitement that greeted his arrival. The pictures in the dailies showed him with a raised hand as if waving but reports said he was not really doing that.

    Two days after his arrival, Suntai was reported to have transmitted a letter to the Taraba State House of Assembly intimating them of his desire to resume duty. In reply, the assembly members asked him to appear before it to enable them decide on his request. Instead of accepting the invitation of the state assembly, the governor in a broadcast to the state, announced the dissolution of the state executive council and appointed a former Commissioner for Justice, Timothy Katap as new Secretary to the State Government (SSG) and Alhaji Aminu Jika as Chief of Staff, Government  House.

    From the day he was involved in the plane crash on October 25 last year, up till the time he arrived the country and to date, Governor Suntai has been enmeshed in one controversy or the other, which continues to put the state in a political logjam.

    Barely 24 hours after Suntai addressed the people of the state through a recorded video that lasted less than three minutes, the state assembly advised the governor to return to US hospital for further treatment until he is fit and proper to govern the state.

    The speaker, Haruna Tsokwa and 15 other legislators, asked the Deputy Governor to continue in office as governor in acting capacity. The Majority leader, Joseph Albasu, however opposed the decision saying the governor was fit to take over his office. Albasu said that they saw the governor in New york and had conversation with him upon his return and that he is sound enough to resume work. Albasu said the governor has fulfilled the provision of the constitution, having written the house to express his desire to resume work. To him, the governor does not have to address the house to determine his fitness as this isunconstitutional.  But the speaker, Haruna Tsokwa insisted that Suntai must appear on the floor of the house and speak to the law makers. In the alternative, some principal officers must go to talk to him. The Coalition of Taraba Youth Movement in Jalingo also want the governor to address the house. “The state is in a  state of confusion because the people do not know what to believe”, they said.   The speaker alleged that Suntai’s wife, Hauwa, blocked some officials that made an initial attempt to see him. He told journalists that from the manner the governor spoke, when they were finally allowed to see him by his aides who initially rebuffed them, they doubted if he actually wrote the letter in which the governor purportedly wrote and indicated his desire to resume work. They doubted if the signature on the letter was actually that of Suntai. In a statement, the 15 lawmakers who have taken a position on the matter, said that the governor is not fit and should go back for recuperation in New York. The statement read in part, “ We the undersigned members of the state assembly have unanimously resolved in our meeting that the deputy governnor, upon whom power was earlier transmitted by the state house of assembly still remains the acting governor of Taraba state and he will continue until such a time the governor is capable of administering the state”, they stated.

    The legislators include Deputy speaker, Tanko Maikafi; Chief Whip, Mohammed Gwampo, Deputy Minorty leader, Josiah    Kente. Others are Deputy Chief Whip, Mohammed Umar, Minorty whip, Yahya Abdulrahman, Iratsi Daki, Rashida Abdullahi, Aminu Umar, Emmanuel Dame, Jonathan Bonzema, Dr. Abubakar Jugulde, Hamman Abdullahi,   Abdulkarim Mohammed and Edward Baraya. But Emmanue Bello, a former Commissioner for Information and an aide to Suntai, said the action of the lawmakers was null and void and a figment of their imagination stressing that the lawmakers do not have the constitutional power to do what they did.  “So what they have done is unconstitutional”. To him, “only medical experts can determine the state of health of a person. He  said Suntai read, writes and sign documents.

    Bello questioned the criteria used by the lawmakers in arriving at their decision on whether or not the governor is fit for office as they are not medical experts.

    He said that as long as the law makers do not subject Suntai to medical checks, they are not in position to say he was not fit to govern the state.

    But based on  the decision of the state assembly, the deputy governor, Garba Umar has  continued in office by announcing to the people of the state to disregard the dissolution of the executive             by Suntai.

    The return of the governor of Taraba after 10 months that he has been away for medical treatment and his desire to assume office and govern the state has raised a lot of fundamental and constitutional issues.

    Some believe the provision of the constitution should guide the development in the state, they likened the situation to what Governor Sullivan Chime of Enugu State did when he came back from overseas where he had gone to receive treatment. He wrote the house of his readiness to resume work in line with the constitution. But some pundits differ, they asked whether it would be appropriate to rigidly apply the constitution given the present state of the governor. To this latter group, the situation in Taraba was likened to what Nigeria went through when the late President Yar’ Adua was brought back to the country and the governance of the country was being done by proxy. This group believed that the people of Taraba state should not be subjected to that kind of experience.

    In all of this, what is the position of the constitution on the manner of how an ailing governor should come back to duty? Who determines the fitness of a governor to resume duty? What is the way forward in Taraba? These are the questions begging for answers.

     

    Lawyers’ reaction:

    Constitutional lawyers who are versed in the the law are united on the controversy surrounding the state of health of the governor and his desire to return to office and other issues.

    The umbrella body of Lawyers in the country, the Nigerian Bar Association (NBA) posited that  the best thing is for Governor Suntai to address the House of Assembly if he is indeed healthy enough to resume duties.

    The NBA, through its President, Okey Wali (SAN), said the controversy over the governor’s health status was capable of creating constitutional and political crisis in the state. He  said reports that there are “pseudo-governors” in Taraba should be cleared once and for all to restore the people’s faith in governance.

    Activist-lawyer Femi Falana (SAN) said a “political cabal” may have hijacked governance in Taraba State. He alleged that ailing Governor Danbaba Suntai could not have written the letter sent to the House of Assembly on his readiness to resume official duties and consequently has petitioned the Attorney-General of the Federation,Mohammed Adoke (SAN), the Inspector-General of Police Mohammed Abubakar and the Speaker, Taraba House, Haruna Tsokwa, urging them to investigate and make public the true state of Suntai’s health.

    Falana said his petition to Adoke was based on the Freedom of Information Act.

    On why he wrote the petitions, Falana said: “Unfortunately, another political cabal has emerged in Taraba State to cause confusion and to deny the ailing governor the opportunity to have himself fully treated.

    “He’s been brought back to the country to achieve certain selfish political interests that have further endangered the health of the governor.

    “He’s not in a position, from the information at my disposal, to write a letter, to compose a letter, to sign a letter and to send the letter to the House of Assembly of Taraba State.

    “Hence, I’ve sent a petition to the Inspector-General of Police to investigate the circumstances surrounding the writing of that letter.

    “I have also sent another one to the Speaker of the Taraba State House of Assembly to set up a committee to investigate     the health     situation of the governor.

    “Based on information that the Presidency or the Federal Government has information on the true state of health of the governor, I have sent a petition to the Attorney-General of the Federation under the Freedom of Information Act to make available to me and to the Nigerian people the state of health of the governor so that the citizens of Taraba State can be properly governed in line with the Constitution.”

    Falana said if Suntai was healthy enough to resume his duties, he should have met with his deputy and the Speaker for a full briefing on how the state fared in his absence.

    “It is very dangerous for us that this culture of impunity has continued unchecked.

    “If the governor has recovered, and is prepared to resume his duties since Sunday, he should have appeared in his office, attending to his files; he should have allowed the deputy governor to brief him on how he has run the state since he has been away.

    “He should have met with the speaker to find out what the House has done, but to keep him away from all the relevant officials and agencies of state is not acceptable.

    “And for some people to be running the show, and signing a letter purportedly signed by the governor should not be tolerated in any decent society, having regard to what this country went through when the late President Umar Yar’Adua was similarly brought back to the country.

    “It was the same way the then Vice-President, Dr Goodluck Jonathan was shielded away. The Senate President, the Speaker of the House – all of them were not allowed to even visit President Yar’Adua. And it’s been done now in Taraba State.

    “The relevant officials that should invoke the Constitutional provisions are not allowed access to the governor. It should not be tolerated”, he added.

    Lagos lawyer activist, Ikechukwu Ikeji noted that there are genuine concerns about the ailing governor’s real state of health. There were also doubts that the said letter of resumption from Suntai did not emanate from him in his truly conscious self, with members of the House insinuating that the governor does not have the presence of mind and body to have written the letter and that it is a proxy who wrote it.

    “The fear is that the governor may be governing through proxies and this in itself is unknown to the Constitution. A tidier line of action would have been that Governor Suntai’s aides make public the doctor’s report declaring him fit to do his work. “Permanent incapacity does not mean permanency of the condition but inability to work. In my view, the Suntai I have seen on television is unable to function as governor both mentally and physically. He is frail, unstable and has difficulty of speech. It is most unfair for people around him to force governance on him when he should be resting and recuperating. This is my quarrel with the situation. The point has to be made that the ‘’state of health’’ of our elected officials should be public information,” he said.

    Ikeji said if the intention of asking Governor Suntai to address them is to approve his resuming to his position, the Assembly does not have such power under the Constitution. But in terms of appropriateness, I submit that the Assembly is right in asking him to address them because there is genuine concern that he is not fit to resume.

    “What we see happening is governing by proxy and this is not envisaged by the Constitution. Governor Suntai should continue with his recuperation and allow the Deputy Governor to continue acting until he is fully fit to face the exertions of daily governance and meetings required of the office. Whenever he is fully fit, he can simply take over his position without fuss from any quarter. The Acting Governor, at least from the surface, has shown that he is not unduly desperate to become substantive Governor. If he had such ambition in an inordinate manner, he had the power all this while to have dissolved the executive council, rightly or wrongly, and appointed his own people who would then easily come under Section 189 of the Constitution as amended to declare Suntai permanently incapacitated to function as Governor and thereby kickstart the process of medical examination by a panel of five experienced medical practitioners to determine the true state of health of Suntai,” he added.

    Constitutional lawyer, Mr Fred Agbaje supported  the position of the law makers that the governor should go back to New York to continue with his treatment.

    He said: ”The lawmakers are correct in insisting that Suntai go back to hospital to continue with his treatment. They are the ones on ground, and they know the truth that the governor is not medically fit , that he is not the same Suntai they used to know.”

    The situation in Taraba, Agbaje noted, is a “recap of the Turai-Yar’Adua case of a few years ago. I think Nigerians and Tarabans have learnt their lessons and don’t want a repeat of that episode. If he goes on TV with his picture by proxy to address the people of the state whereas he is not fit, he would have succeeded in doing what I called civilian treachery and is invariably causing damage to the fabric of the constitution,” Agbaje said .

     

    The way forward for Taraba

    Attorney-General and Minister of Justice, Chief Richard Akinjide (SAN) said a medical report is critical to resolving the political logjam in Taraba. He said the authorities in Taraba need to get the appropriate medical report to determine if the governor is fit or not.

    Akinjide also cited the role the constitution has to play in the matter. “The constitution is clear on cases like this. There should be expert report. They can’t resolve the crisis without it.  The onus falls on medical report,” he said.

    Another lawyer Kayode Ajulo counselled the speaker to institute a five-man medical team to determine the fitness of the governor. Citing Section 189(4a) and (4b), he said the speaker has the power to set up such panel in a case where the governor is showing unfitness of sorts.

    Constitutional lawyer, Mr Fred Agbaje also suggested the need for a medical approach to the matter on hand. “My advice is that a medical panel consisting of five medical personnel, one of which must be the personal physician of governor Suntai, be constituted to examine him to determine if he is fit to govern the state. When the panel decides whether he is fit or not, the matter will be resolved,” he said.

    Agbaje further said there is adequate provision in the constitution in Section 189 of the amended constitution to solve the situation.

    To the NBA, the only option is for the governor to speak directly to the assembly members and not by proxy. “The governor should address the House of Assembly. If he does not address the House, then it means he is not there”, said Okey Wali.

    For Falana, the way out is for Suntai to meet with his deputy and the Speaker for a full briefing on how the state fared in his absence if he was healthy enough to resume his duties.

    Ikeji  remarked that the health of Governor Suntai is pivotal and that any resolution, short term or long term, should address his true state of health. He said that a blind and rigid interpretation of the Constitution can only lead to chaos in Taraba State.

    He challenged Suntai’s handlers to make public his certified true state of health provided by qualified medical personnel.

    He said governor Suntai and the people around him should douse the tension by proving him fit and capable, health-wise, to be governor.”

    He can do this by presenting himself to the State House of Assembly as was requested of him by the House in addition to subjecting himself to an independent transparent medical examination by an esteemed team of medical practitioners to ascertain his true state of health.

    Indeed, this is an appropriate time to test the Freedom of Information Act since Suntai’s state of health ought to be public.

     

  • NBA bans five lawyers, suspends two

    The Nigerian Bar Association (NBA) has barred five lawyers and suspended two for five years in May this year after its disciplinary committee concluded 22 of 41 cases before it.

    NBA President Okechukwu Wali (SAN) has warned that any lawyer found guilty of corruption would lose his licence.

    “We are determined to deal with corruption and indiscipline at the Bar. I am sorry to say that more (disbarrments) are on the way.

    “Some of our colleagues have turned themselves to conduits of all sorts, hobnobbing with clients and, with respect, some judicial officers to subvert the rule of law.

    “We are determined to return the legal profession to its past glory. The message is clear: it is no longer business as usual,” Wali said.

    He also warned the association’s branches to stop speaking on NBA’s behalf, as the NBA President remains the chief spokesperson.

    “The NBA is one monolithic body with several branches. Whenever a branch speaks, the media carries it that NBA has spoken.

    “The public does not know the difference. Please let us abide by this principle,” Wali added.

    On criticisms that the NBA under him has not been as vocal as others in the past, Wali defended himself, saying his style is not to make statements without facts and figures.

    “We are discerning enough to tell when the Bar should intervene, not when partisan politicians desire us to jump into their politics.

    “I don’t want to be heard for the sake of being heard because I am the President of the NBA. You must draw a critical analysis of what is going on and intervene when we must intervene,” Wali added.

     

  • Kekere-Ekun, Abiru advise lawyers on integrity

    Justice Kudirat Kekere-Ekun of the Supreme Court of Nigeria has advised lawyers to guide their integrity jealously.

    She gave the advice at a reception in honour of herself, a Justice of the Court of Appeal, Justice Habeeb Abiru and some newly appointed judges of the Lagos State High Court.

    She said their name is what would make them great in the profession.

    Justice Habeeb Abiru urged lawyers to uphold integrity in their work.

    “Your name is your trademark, you need to protect it,” he said.

    The event, organised by the Muslim Lawyers’ Association of Nigeria (MULAN), Lagos State chapter, was also held to appreciate the appointments of some Muslim Senior Advocates of Nigeria (SAN).

    Others also honoured were two other new Lagos State High Court judges, Justices Ganiyu  Safari and Justice Abdul Wasiu Animashaun.

    The four SANs were Muhammed Ajibola, Prof Imran Oluwole Smith, Olusina Sofola and Jelili Owonikoko.

    Justices Kekere-Ekun and Abiru further admonished Muslim lawyers to be good ambassadors of their religion, profession and be role models to their juniors.

    Organisers of the event lauded those honoured for proving themselves in the profession and for their immense contributions to the growth of Islam .

    Chairman of MULAN, Lagos State chapter Musoddiq Adele Sanni noted  the cordial relationship between the association and state government, especially in laws that affect Muslims and the Islam.

    He said MULAN would continue to partner the state House of Assembly on the enactment of bills that may affect Islam or Muslims.

    He said the association had participated in the debate on Shariah Coroner law, cremation and other issues of public importance in the state House of Assembly, noting that this the relationship brought about the Section 22 (3) of Lagos State Customary Law, which made the state to designate a court to adjudicate on Islamic laws in marriage, divorce and inheritance.

    According to Sani, both parties have benefited from the relationship.

    He said such development has also averted religious crises in the state.

    Other dignitaries at the ceremony were Justice Kazeem Alogba of the state High Court; the state Solicitor General, Mr. Lawal Pedro, (SAN) and Chief Sofola (SAN) who chaired the event.

     

     

  • Lawyers appeal for Ozekhome’s release

    Lawyers appeal for Ozekhome’s release

    Reactions have continued to trail the kidnap of an activist lawyer Chief Mike Ozekhome(SAN). He was kidnapped on the Benin-Auchi Road by an armed gang over the weekend.

    The human rights activist was seized by an armed gang about 3pm at Ehor near Ekpoma in Edo State and his kidnappers are yet to make any contact with his family members. Neither is his where about known 72 hours after his abduction.

    Ozekhome’s kidnap is one of the many cases of prominent lawyers or their spouses that have recently become the target of kidnappers.

    It would be recalled that the kidnap of members of the legal profession started when one of the sons of a serving Justice of the Supreme Court, Justice Olabode Rhodes-Vivour was kidnapped. It was alleged that about N25million ransom was paid before he was released.

    Few months after, the wife of the judge, Adedoyin was kidnapped in Benin. It is not clear how much was paid as ransom before she and her daughter and driver were released.

    However, Ozekhome’s case is coming barely three months after that of Adedoyin Rhodes-Vivour.

    Edo State Police Command Spokesman, Moses Eguavoen who confirmed the incident, reports revealed that the kidnappers who abducted Ozekhome and his driver, killed four police officers in a shoot out. He said some of the suspected kidnappers escaped with bullet wounds.

    Since last Friday, lawyers have been reacting to the development, calling for the release of the activist.

    Lagos lawyer Femi Falana (SAN), who expressed surprise on the kidnap, called for the immediate release of Ozekhome. He said it was a reflection of the socio-economic imbalance in the country. He challenged the government to address the socio-economic implications of unemployment in the country

    Expressing shock over the incident, a lawyer, Festus Keyamo pleaded with the kidnappers to set Mr Ozekhome free.

    In a statement, Keyamo described the kidnap as one too many, adding that the development has drawn attention to the poor state of security and highlighted the state of joblessness among youths in our country.

    A non-governmental organisation based in Abuja Public Interest Lawyers League (PILL) Nigeria also condemned the kidnap, stating that Ozekhome’s abduction was as a result of the growing insecurity in Edo and Nigeria.

    In a statement by its President, Abdul Mamhud, PILL described Ozekhome as a “suave, outspoken Lagos lawyer whose contributions to constitutional and public laws are well too known” and urged the kidnappers to free him immediately.

    Ozekhome’s kinsmen, Afenmai Youth Coalition, said it was regrettable that he was kidnapped after struggling over the years for good governance, equality, justice and accountability in governance.

    They said: “He has fought for the poor and has fought for the rich. He has defended the defenceless and has offered probono legal services to the disadvantaged in the society.”

    Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr Onyekachi Ubani, said: “It is very appalling; both low and high profile individuals are being kidnapped across the country. It shows that there is a problem.”

    Chief Adeniyi Akintola (SAN) described the situation as unacceptable.

    “A situation where innocent, hard working and law-abiding Nigerians are regularly kidnapped for ransom is absolutely unacceptable. Government must work hard to improve on the situation,” he said.

    The high level of crime, he said, was a reminder to the rich that they could not enjoy their wealth in a desert of poverty and want, adding that it was high time the government changed a policy that declared economic growth without development and mass prosperity.

    He appealed to Ozekhome’s kidnappers to release him without delay, adding that the lawyer has a track record of human rights activism aimed at protecting the vulnerable in the society. He said it was ironic that the same Ozekhome would fall victim of kidnapping.

    Akintola said governments must tackle youth unemployment, adding that it breeds crimes, such as armed robbery and kidnapping.

    Mr Adetokunbo Mumuni, Executive Director, Socio-Economic Rights and Accountability Projects, said Ozekhome’s abduction was a reflection of the security situation in the country.

    He said: “Until socio-economic injustices are tackled, we may continue to have these security challenges. Kidnapping is now rampant because of the limited opportunities available to Nigerians due to poverty and unemployment.”

    Another human rights activist, Fred Agbaje, said it was regrettable that Edo had become a hotbed of high profile kidnappings.

    The wife of Supreme Court Justice Bode Rhodes Vivour and his daughter were also kidnapped in Edo State.

    Agbaje urged governments to ensure that citizens had access to adequate welfare packages in line with the social contract theory in governance.

    Second Republic Minister of Justice Chief Richard Akinjide (SAN) and former Kwara State governorshipcandidate, Mohammed Dele Belgore (SAN), also lamented the kidnapping.

    Akinjide described the situation as unfortunate and appealed to Ozekhome’s abductors to release him immediately.

    He said: “It is really an unfortunate situation. I am appealing to those involved that he should be released immediately and in good condition.

    “I pray for his safe release and good health.”

    To Belgore, Ozekhome’s abduction is “sad and regrettable” especially because he has dedicated his practice fighting for the down-trodden and the oppressed.

    “It is an indication of failure of government to provide security for life and property of Nigerians. It just could happen to anyone.

    “This shows we are near a state of anarchy because most of these kidnappers go without being arrested.”

     

     

  • Lawyer tackles NBA chair over apology

    The Legal Adviser to Ombatse Group, Mr Zachary Zamani Alumaga, yesterday accused the Lafia branch Chairman of the Nigerian Bar Association (NBA), Mr Eric Irehovbude, of allegedly collaborating with the state government to “annihilate” the Eggon ethnic group.

    Alumaga told The Nation that he was “disappointed” that Irehovbude apologised on behalf of lawyers who boycotted the commission’s sitting without first consulting them.

    He said the lawyers who withdrew their appearance from the panel were not Ombatse lawyers but lawyers representing Eggon communities at the commission.

    Irehovbude, on Monday, apologised to the commission following the withdrawal of the lawyers from the panel’s sittings, saying they were “a bit unruly”.

    But Alumaga likened the development to “shaving a woman’s head in the absence of her husband”.

    He said: “First of all, I wish to say that the lawyers who withdrew from the commission are not Ombatse lawyers. They are lawyers representing Eggon communities. We can now appreciate the conspiracy in this matter, beginning from when the Attorney-General said the lawyers had shot themselves in the leg.

    “Now, the NBA chairman has jumped into the matter by going personally to the commission to claim that he was apologising for the lawyers who withdrew from the commission, without first consulting with the lawyers. It’s a typical case of shaving the woman in the absence of her husband.

    “Putting these two incidents together, you can imagine the range at which the government is going to ensure not only Ombatse militia, if they exist, but now accusing to implicate the Eggon man of whatever standing or Eggon lawyers into their dragnet.

    “I do not see how the NBA comes into this matter. I am disappointed that a chairman, for whatever reason, has joined the government in its attempt to annihilate the Eggon man.

    “I advise that in the interest of peace and harmonious living, these people should check their facts and act or make utterances carefully.”

  • ‘How we saved Nigerian lawyers’practice in UK’

    ‘How we saved Nigerian lawyers’practice in UK’

    THE amendment of the 1999 Constitution has begun apace, with the Senate and House of Representatives voting on some key issues.

    Both chambers took opposing positions on two major issues, which many believe require urgent amendment – minimum wage and local government autonomy. The Senate voted in favour of removing the minimum wage from the Exclusive Legislative List and transferring it to the Concurrent List. It voted against autonomy for the 774 Local Government Areas.

    The House of Representatives voted against both issues. It voted for the retention of minimum wage as a federal affair, and called for autonomy for local governments.

    Although both houses are expected to set up a harmonisation committee to straighten the areas of differences, observers believe that the development has reawakened the argument on whether the nation is ready to confront its fears and go for restructuring.

    Item 34 of the Exclusive Legislative List confers on the National Assembly the exclusive powers to legislate on labour matters including prescribing a national minimum wage.

    It was pursuant to this provision that the National Assembly enacted the 2011 National Minimum Wage Act, fixing the minimum wage at N18,000.

    Section 7(1) of the Constitution provides for a local government system with its officials democratically elected. The second arm of the provision makes the establishment, structure, composition, finance of the local governments dependent on the state governments.

    The opponents of local governments autonomy said the provision for a joint state/local government account, into which funds standing to the credit of both levels of government are paid, allows for a form of control of the management of the funds allocated to local governments.

    Those seeking autonomy for the third tier of government argue that the retention of the status quo negates the principles of true federalism and further supports the call for a restructuring of the country.

    They also argued that the Senate’s decision to liberalise labour issues, by moving the minimum wage to the Concurent List will reduce the current over centralisation of national affairs in a supposed federal state.

    To them, the provision of a national minimum wage in the Constitution, and some similar other provisions, conflict with the true meaning of federation in practice.

    Their argument is anchored on the fact that the arrangement that allows an overbearing federal structure on the state government and the state government’s dominance of the local government do not reflect the country as a true federation as defined by the Supreme Court in the case of Attorney-General of Abia State vs the Attorney-General of the Federation and 33 others (2006) 7 SC (part 1) page 51 at 72.

    In the decision, the Supreme Court described federalism, both as legal and political concepts, to imply an association of states, formed for certain and defined common purpose or purposes, with the states retaining a large portion of their original independence and autonomy.

    Some are opposed to the approach to constitution amendment. They argued that the way the National Assembly is going about the amendment suggests that the country is yet to decide on what it wants.

    They described the approach as a timid attempt at tackling the nation’s fundamental problems.

    In particular, they queried the rationale behind the provision of pension for Senate President, Speaker of the House of Representatives and their deputies by a National Assembly whose members’ pay had been described as scandalous, and second to none on earth.

    They argued that a National Assembly that means well should be bothered by the social and economic rights and privileges provided for in Chapter Two of the Constitution which have remained nonjusticeable over 50 years after independence.

    Critics said until there is a major push for genuine constitution amendment, the current crop of leaders, who see the constitution review process as a routine project and an avenue of squandering public funds, would persist in their deception and only amend the Constitution to confer undue advantage on them.

    Lawyers, including Prof Ben Nwabueze (SAN), Tunji Abayomi, Dr. Albert Tvon, Ikechukwu Ikeji and the Chairman, Nigerian Bar Association (NBA), Ikeja, Lagos, Monday Ubani said the nation requires a new approach to constitution making and a departure from the current window dressing embarked upon by the National Assembly.

    Prof Nwabueze suggested that the country do away with the 1999 Constitution and in its place, enact “a peoples Constitution.”

    The constitutional law expert spoke in Awka, the Anambra State capital, at the weekend during the presentation of his autobiography: “Ben Nwabueze: His life, works and times.”

    He argued that the 1999 Constitution can not pass as the people’s Supreme Law because its source of supremacy is not the Nigerian people.

    “What we have as the 1999 Constitution is not the Supreme Law. What is its source of supremacy? The military? No! It can’t be. The source of supremacy everywhere in the world is the people.”

    He insisted that the people could only provide for themselves a true Constitution through a national conference that will fashion out a constitution that is truly sourced from the people.

    “The constitution so framed will then be out through a referendum. That is the challenge before this country,” Nwabueze said.

    Abayomi argued that both chambers were engaging in an exercise in futility.

    To him, no amount of amendment would confer legitimacy on a Constitution foisted on the people by a departing military, without powers to so act.

    In separate July 17 letters to the Senate President David Mark and House Speaker Aminu Tambuwal, Abayomi said: “Democracy is based on the principle of self-government. The foundation of such self-government is always found in a Constitution made by the people. And a valid Constitution is always presumed to predate government, which again, is deemed to be its consequence.

    “A Legislature, which is presumed to represent the people’s will is at the core of democracy principally because it is presumed to act as the agent of the people in realising and affirming their will.

    “Legislative authority is only valid if it is based on the consent of the people and if it is used to promote their desire,” Abayomi said.

    He queried the powers of the National Assembly to make Constitution for the people. He argued that every attempt to amend the current constitution by the law makers will always end in failure.

    “It is, indeed, sad that the National Assembly under the present leadership is always inclined to surface dress national problem at high abnormal cost that grows out of largely selfish desires instead of fundamental sacrifices that will honour today and enhance tomorrow.”

    Abayomi argued that as the law making delegates of the people, the National Assembly could only pass a law enabling the people to give to themselves a Constitution; set the terms, parameters and modalities to aid the people in the task of producing their Constitution.

    Tvon argued that the call for a change in the constitutional reality should not be limited to political demand for restructuring, but must include economic demand for greater equality and ability to meet the second generation of rights as enunciated by the United Nation’s Declaration on Human Rights.

    “One key question here is in what direction should the economy be driven? What should be the role of the state in socio-economic planning?

    Aside from the core issues of restructuring and true federalism, which the Senate has failed to address in its constitutional amendment efforts till date, there is the need to address the people’s expectation that. the state has the responsibility of meeting its social and moral obligation to its people,” Tvon said.

    He wondered how the Nigerian state hopes to command the people’s patriotic spirit when it has continued to fail in its responsibilities.

    Ikeji did not only fault the subtle support the Senators have given to under age marriage in the name of religion, he argued that their refusal of the Senate to vote for true federalism is a set back on the nation’s march towards proper democracy.

    “The phrase ‘people’s constitution’ is not a mere law. It connotes the source of all laws, pretending that it must have a direct deliberate input by the people. The fundamental issue to address in the Nigerian constitution is the question of legitimacy.

    “The Nigerian Constitution tells a lie against itself and the Nigerian people and except this is addressed, we are merely deceiving ourselves. The Constitution lied when it said, in its preamble, that the people of Nigeria made it.

    “It is public knowledge that the Constitution is a Decree, more specifically, Decree No. 24 of 1999 made directly by the military regime of General Abdusalam Abubakar who just imposed it on us without reference to our views.

    “The Constitution also lied when it referred to Nigeria as the Federal Republic of Nigeria. We all know that Nigeria is presently far from being a federation as it is more of unitary government exerting strong controls from the centre in Abuja than from the constituent States.

    “The present Nigerian structure has stronger centripetal forces than centrifugal forces. So, any constitutional review or amendment that does not address these fundamental flaws is an exercise in deception and futility.

    “To midwife a people’s Constitution, we must engage in a deliberate constitutional conference, more like a sovereign national conference whose results shall be subject to a referendum.

    The present Constitution lacks authochthoneity since it lacks the imprimatur of the people,” Ikeji said.

    Ubani described the present process of constitutional amendment going on as a “patch patch mechanism” incapable to effecting the much needed restructuring.

    “The people’s constitution can only be midwifed by the pple themselves, not what is presently going on where the people’s wish and aspirations are at variance with the legislators in the country

    “Their amendments and proposals rather deepen democracy will destroy it. “Any amendment of the of the constitution that does not reflect the peoples’ wish is null and void and of no effect. The constitution being the Supreme Law of the land must proceed from the people.

    “A sovereign national conference out of which a constituent assembly will spring from to draw up a people’s constitution will be best way to produce the peoples’ constitution. For example now, we are wasting our time, money and energy in this amendment process. It will not take us far and that is the fact,” Ubani said.