Tag: Lawyer

  • Lawyer sues Celtel for N5m over lottery

    ALagos lawyer, Mr Said Owonisile, has sued a telecoms service provider, Celtel Nigeria Limited (Airtel), over alleged unlawful deductions from his airtime, praying for N5million as damages.

    In a writ of summons filed at the Lagos High Court, the claimant is asking for a declaration of the court that the “Win a million Naira Tonight” programme of the defendant is a lottery and is unlawful.

    Owosile is also asking for an order of the court compelling the defendant to declare the amount made by it from the “Win a Million Tonight” programme as subscription by the claimant and other customers.

    The claimant in addition asked for an order of the court compelling the defendnt to refund the amount made from the lottery, being N600 to the claimant and to respective customers who put their money in the programme, that refunds should be supervised by the Nigerian Communications Commission(NCC) and the claimant and for any other such other the court may deem fit.

    In a 14-paragraph statement of claim, the claimant contended that the “Win a Million Naira Tonight” is unlawful and should be terminated forthwith.

    He contended further that the programme of the defendant is a lottery, which the defendant is not entitled to do adding that by operating a lottery to promote the sustenance of the brand name in the minds of Nigerians, the defendant is allegedly exploiting Nigerians, including the claimant, and making them to pay for its advertisements and even making profit from it.

    He averred that the message sent to him, also sent to all customers who recharge their lines, suggests the entry and involvement by the claimant and any such customer is free of charge and that the deduction of money without further communication of pecuniary liability is fraudulent.

    He further averred that the defendant has failed and refused to heed the warning of the claimant and continued in its advertisement and alleged extortion of hapless customers taking advantage of their ignorance and making money out of the programme.

    Celtel Nigeria Limited, in its 17-point statement of defence, described the claimant’s action as vexatious, frivolous, speculative and an abuse of court process and urged the court to dismiss it with substantive cost.

    The defendant said contrary to the claims of the claimant, it did not run any promotion/lottery known as “Win a Million Naira Tonight”, but that it ran a promotion known as “Wake Up a Millionaire”.

    It averred that its promotions cannot be said to be unlawful having satisfied the conditions precedent required to the grant of permit from the NCC.

    It stated that the very essence of conducting promotion for its subscribers was never to defraud or fleece any one but rather to reward its customers for their loyalty to the brand and encourage subscribers to keep faith with the brand stressing that many subscribers have won several prizes as a result of their participation in the promotion.

    The defendant stated that contrary to the averments of the claimant, the text messages,’Zain granted you a free pass to tonight’s N1million!Text free to 888′ if originated from it to the claimant was merely an invitation to treat which in other words means an invitation to customers, including the claimant to participate in the promotion/lottery out of free will.

    The defendant stated that at all times material to the suit, it never lured, induced or misled any subscriber to participate in the promotion and that any subscriber is at liberty to decide whether or not to participate in the competition.

    It said there are subscribers who received such messages of invitation to participate in the promotion but declined to do so without any negative consequence(s) to them for declining to participate.

    It added that if the claimant participated in the promotion/lottery it organised on the strength of the text message sent to him, the claimant would be taken to have voluntarily participated in the promotion and to have understood the contents of the text message.

    The defendant said that it obtained the licence to operate the lottery “Wake Up a Millionaire” from the National Lottery Regulatory Commission, having complied and satisfied the conditions precedent to the grant of license and as such cannot be said not to be entitled to operate the operation.

    The Lagos High court is yet to fix a date for the hearing of the suit.

     

  • Young lawyers seek better welfare, minimum wage

    The Young Lawyers Forum of the Nigerian Bar Association (NBA) has called for improved welfare and basic minimum wage.

    They made the call in Port Harcourt, the Rivers State capital, at the end of their yearly summit. The theme was Raising the Bar and standards for young lawyers in the legal profession”.

    A communiqué by Mr. Paul Babatunde Daudu and Mr. Okey Ohagba, chairman and Secretary of the Forum reads:

    “On the issue of pupilage for young lawyers, the summit was divided between two schools of thought, some were for the re-introduction of compulsory pupilage while the others disagreed based on the reasoning that young lawyers should be allowed a choice of whether to submit to pupilage or to establish their own practices from the beginning, but majority of them supported the re-introduction of pupilage.”

    They highlighted the imperatives of “hard working, competence , capability , confidence and truthfulness as necessary tools for success in the profession.

    “That the young lawyer’s first duty is to uphold the ethics of the profession and good dress sense should be imbibed.

    “That legal practice has developed vastly and so the need to specialise in a branch of law and end the era of general legal practice.

    “That young lawyers should imbibe from the elders of the Bar those virtues that make for higher standards of excellence and commitment to Justice and jettison in us all those negative traits that have led to the fast declining standards in the Law profession

    “The summit agreed that the NBA’s Legal Practitioners remuneration committee should be resuscitated to fix minimum fees for clients and that there should be a seal and stamps available to lawyers because it will safeguard and protect the integrity of the profession and also stem the tide of petitions against lawyers for unprofessional conduct.

    “Participants also agreed that lawyers should always as a rule attend to clients in the office and never be in a hurry to charge clients without first studying their cases. The summit identified the various kinds of fees that are common which a young lawyer can use to ensure he charges an appropriate fee.

    “The fees are: Consultation fees, contingency fees, appearance fees, flat fees, hourly fees, Participants also agreed that practice has gone global and lawyers need to be I.C.T compliant to meet the challenges ahead.

    “That lawyers are not opposed to globalisation, but foreign lawyers must operate here under our own laws, but our regulatory framework must be streamlined and the local content law must be pushed to the fore front by demanding certain percentage of lawyers to be taken.

    The Young lawyers noted that “ Nigerians do not have enough specialisation in law but, are into general practice and so young lawyers should avail themselves the opportunities of specialising in law. The major guiding principle is reciprocity and the Bar should insist that foreign legal practitioners pass through some level of legal education before being allowed to practice law in Nigeria.

    The communiqué also stated: ”That young lawyers should endeavour to make use of the golden opportunity young lawyers have now as it is easier at this age for young lawyers to come together and collapse their practices into a partnership.

    “That young lawyers should embrace foreign legal practitioners as it affords us opportunities to gain significant specialist experience.

    That young lawyers are encouraged to launch out and specialise in areas of practice that the foreign firms are interested in so that when they come into Nigeria, we would be competitive enough to fit into their firms.

    It called on young lawyers to endeavour to “identify mentors in the profession and to form alliances with established law firms to enhance their prospects noting that the entry of foreign legal practitioners into Nigeria is a threat to the already established firms but for young lawyers, it is an opportunity.

    “That young lawyers should work on fixing minimum salaries that a young lawyer should be paid if employed by a senior lawyer.

    “That corruption is a function of incompetence so young lawyers should pursue skill and knowledge in order to drive away poverty and that there are five elements of life that can propel a lawyer to the top and these are:

    “To identify your purpose, to pursue the purpose, to be persistent and to persevere.

    The summit was chaired by the Chief Judge of Rivers State who was represented by Justice Iyayi Lamikoro.

    Other guests who graced the occasion and sent their goodwill messages include the NBA President, Okey Wali (SAN); Commissioner for Justice and Attorney-General in Rivers State, Worgu Boms; former Presidents of the NBA, O.C.J. Okocha (SAN), J.B. Daudu (SAN) and G.I. Abibo (SAN); Funke Adekoya (SAN); Dele Adesina (SAN); General Secretary of the NBA Emeka Obegolu; Sebastine T. Hons (SAN), Chairman, NBA Port-Harcourt branch, Lawrence S. Oko-Jaja; Justice B.A Georgewill; Justice E.A. Okire; Justice A. Adebele and Hauwa Shekarau.

  • Lawyer outlines shortcomings of PIB

    Lawyer outlines shortcomings of PIB

    A legal expert on oil and gas, Emeka Okwosa, yesterday outlined some shortcomings of the Petroleum Industry Bill (PIB) 2012.

    He called for the emplacement of proper measures to ensure the effectiveness of the bill.

    Okwosa spoke at a lecture he delivered at this year’s annual Law Week celebration, organised by the Lagos branch of the Nigerian Bar Association (NBA).

    President Goodluck Jonathan, on July 18, last year, presented the PIB to the National Assembly for consideration and enactment. The bill has scaled the second reading in both chambers of the National Assembly.

    Okwosa said the PIB, originally introduced in December 2008, had undergone numerous revisions which have been the subject of intense debates.

    The lawyer said there were myriad of shortcomings in the bill, which need to be redressed to forestall hindrances in implementation.

    He said: “The new PIB empowers the President to unilaterally grant discretionary oil licences under special circumstances, without a competitive bid process.

    “It also gives wide powers to the Petroleum Minister to revoke leases unconditionally and to do ‘all such other things, incidental to the performance of its function’.

    “The bill does not provide any mechanism to check the abuse of these powers.”

    Okwosa noted that the PIB mandates oil companies to remit 10 per cent of their net profits to host communities as compensation.

  • Osun election tribunal lawyer Kalejaye for trial July 16

    Osun election tribunal lawyer Kalejaye for trial July 16

    The Legal Practitioners Disciplinary Committee (LPDC) (aka Body of Benchers) has set July 16 for hearing of a petition against Mr. Kunle Kalejaiye (SAN).

    Kalejaiye is the lawyer accused of having a telephone conversation with the now sacked Justice Thomas Naron during the sitting of the Osun State Election Petition Tribunal.

    Justice Narom was the Chairman of the tribunal that heard the petition filed by the Action Congress of Nigeria (ACN) and its candidate, Rauf Aregbesola, against the election that got the now sacked Governor Olagunsoye Oyinlola to office.

    The National Judicial Council (NJC) recommended Justice Naron’s sack after considering the petition against him.

    Plateau State Governor Jonah Jang subsequently accepted the recommendation and sacked Naron, a State High Court judge.

    Kalejaiye is one of the 24 lawyers to be tried by the LPDC during its sitting slated for between July 15 and 18 at the Court of Appeal Headquarters in Abuja.

    According to an advertorial signed by LPDC’s Secretary, Mrs H. A. Turaki, Kalejaiye’s case file is marked: BB/LPDC/115.

    Those whose cases are due to be heard on July 16 include Bisi Oyinloye and Babatunde Shonekan.

    On July 15, the committee will hear nine cases and rule on the case against A. A. Ibebunjo, marked BB/LPDC/113.

    Others include cases against A. R. Maduabuchi, Olawale Ojoge-Daniel, G. C. Monyei, Temidayo Eseyin, A. T. Ahembe, Azubike Okeke, Chikwendu Kalu, M. DM Ndupu and Lanre Kareem.

    The committee will on July 17 hear the cases involving Anthony Ojigbo, I. O. Harrison, Gabriel Gbenoba, George Adiele, Ola Ogunbiyi, Adekunle Sulaiman and Remi Onifade.

    On July 18, the committee will consider the petitions against Akintunde Oyetunde, Olu Dairo, Victor Chiedu Nwoye, Chidi Uburu and Imoh Obot Golden.

  • Drama in court as APGA factions quarrel over lawyer

    It was a stormy session yesterday at the Federal High Court, Awka, the Anambra State capital, following arguments by two camps of the All Progressives Grand Alliance (APGA) on who should present a lawyer to represent the party in a suit filed by Charles Nwazojie.

    The politician had filed the matter for himself and on behalf of the ward, local governments and state executive committees of APGA, praying the court to recognise Chief Victor Umeh as the National Chairman of the party.

    The Umeh camp as well as that of Chief Maxi Okwu, who represents the Governor Peter Obi camp, argued on who the party’s lawyer should be.

    Also joined in the matter are: the Independent National Electoral Commission (INEC), the Inspector-General of Police (IGP), Anambra State Police Commissioner, Maxi Okwu and Egwuoyibo Okoye.

    The court, presided over by Justice M. T. Salihu, on April 15, granted an interim order restraining Okwu and other key officers in his group from further parading themselves as APGA executives.

    But at the resumed hearing of the matter yesterday, two lead counsel – Kingsley Awuka and Dr Onyechi Ikpeazu (SAN) – fought on who between them should represent APGA.

    The party is the fourth respondent in the judicial review application brought by Charles Nwazojie.

    Ikpeazu told the court that he was representing APGA based on the mandate he got from Okwu, the disqualified National Chairman of the party.

    Awuka objected to Ikpeazu’s representation, saying Umeh had briefed him to represent APGA in the matter.

    Both lawyers reeled out the principles of law and facts to support their positions.

    Ikpeazu, who was making his first appearance, said Okwu had briefed him on the matter and that he should, therefore, be allowed to represent the party.

    But Awuka said the change of counsel, which Ikpeazu canvassed, did not arise because Umeh never briefed the lawyer who was being replaced by Ikpeazu.

    Awuka said the legal representation for APGA was a fair hearing matter which should be resolved in favour of the party. He added that his application was for the court to allow proper representation for APGA.

    The court reviewed the submissions of the both counsel and Justice Salihu adjourned the matter till April 30 April to enable the parties sort out the problem arising from the party’s legal representation.

    Both counsel are expected to settle with their clients before the next adjourned date when hearing on the three pending applications on the matter.

    The first application is the main issue while the other two are interlocutory, dealing with the abridgement of time and the motion on notice arising from the ex parte order.

     

  • ‘Brutalised’ lawyer demands N500m damages from police

    ‘Brutalised’ lawyer demands N500m damages from police

    •Case comes up today

    An Ibadan lawyer, Mr. Joshua Olaniyan, who was allegedly brutalised by some police officers a few weeks ago, has sued the force.

    He is demanding N500 million damages.

    The case comes up today at the State High Court Two.

    The Ibadan branch of the Nigerian Bar Association (NBA) has directed its members to attend the hearing in solidarity with Olaniyan.

    Olaniyan sued the Inspector-General of Police (IGP), the Oyo State Commissioner of Police, Kajorepo Divisional Police Officer (DPO) and Mrs. Sola Olanrewaju, an Assistant Superintendent of Police (ASP).

    He was arrested, detained and allegedly brutalised by Mrs. Olanrewaju at the Kajorepo Police Station on April 3, when he went to secure the release of a truck that was impounded by the police.

    The truck was impounded because the driver could not produce the waybill for the consignment being transported.

    Olaniyan took the waybill to the station to secure the truck’s release, but was allegedly picked on by Mrs. Olanrewaju.

    He was allegedly beaten-up and detained. He was also “accused of being a fake lawyer and an accomplice in the stealing of the consignment”. Olaniyan said it took the intervention of the DPO, who arrived later in the evening, before he was released. The lawyer said he ended up in the hospital after he was released.

    He is also seeking a declaration that his alleged brutalisation and detention was “wrong, illegal, unconstitutional and a violation of his rights”.

     

  • Lawyer faults child abuse levels

    A lawyer, Mr Kamilu Adegbenro has faulted the continued abuse of children in various parts of the country despite “copious provisions in our laws and international instruments on the rights of the child.”

    Mr Adegbenro, who delivered a lecture entitled: The legal rights of the child in Nigeria to commemorate the 47th Founder’s Day of St Peter’s College, Abeokuta, drew attention to the “gap between law and practice resulting in gross inability of the child to realise these rights.”

    He said: “Child labour and child abuses are still rampant with the presence of street children and children beggars. Domestic violence, child witch craft, street hawking persist on daily in Nigeria. Corruption in government has robbed children of the finance necessary for the implementation of the rights of the child as per their education and the health care delivery system.

    “Children are still deprived from enjoying the full benefit of their basic rights and suffered untold hardship in the exercise or demand of their rights. The enactment of the Child Right Act 2003 is a direct response to the concern and abuse that Nigerian children are exposed to in virtually every state of the federation.”

     

    He urged parents, children, families and government to be alive to their responsibilities under these laws and pay greater attention to their implementation.

    “The attitude of the family and by extension, the society to the idea of a child having any rights at all is to a great extent contributing to the non implementation of the Children’s Law,” he said.

     

  • Lawyer writes IG over  alleged assassination plot

    Lawyer writes IG over alleged assassination plot

    An Enugu State-based lawyer, Elder Oyibo Chukwu, has written the Inspector-General of Police, Mohammed Abubakar, overan alleged plot to assassinate him.

    He said he uncovered a plan to kill him just before or about Easter this year, and it may be carried out unless the police intervene urgently.

    Chukwu, the immediate past Assistant National Legal Adviser of Ohanaeze Ndigbo, said at the expiration of his tenure, there was an alleged bid to illegally extend the tenure of the executive “without passing through the Constitutional crucibles and procedural steps for such an extension.”

    Although he would have benefited from the elongation through questionable amendment of the group’s Constitution, he said he felt it was “irresponsible, immoral, illegal and reprehensible” to do so.

    The lawyer said his opposition to the bid marked the beginning of the plot to eliminate him.

    Meanwhile, he said the Ohanaeze Foundation, registered with the Corporate Affairs Commission (CAC) for and on behalf of Ohanaeze, has been used as a conduit to misappropriate the group’s assets.

    Chukwu wrote: “Piqued by these serial acts of illegalities and criminal activities, one Prince Emeka Onyesoh and I had gone to an Enugu High Court in Suit Number E/435/2012 … to challenge the purported tenure extension as it were and to seek the restoration of the Ohanaeze Foundations and her assets.

    “This is how my travails started, and the above is the motive to kill me to silence me.

    “At 10.32am, on 27th February, 2013, I received a telephone call … in which the caller called to ask me to confirm that I was Barrister Oyibo Chukwu and that I live in Enugu.

    “When the caller insisted that I answered his question without disclosing his identity which I had sought, I had retorted ‘The 419 People’ without saying more.

    “But I kept listening into the phone without cutting the call. Then the voice at the other end, which was a male voice, said: ‘He is a dead man’.

    “It then became clear to me that the bizarre caller was seeking to confirm that I was a real person and my location.

    “My worst fears were however confirmed on February 28, 2013 by 12:31pm when another caller who simply identified himself as ‘good Igbo man’ called me…

    “He said: ‘There is a plan to kill you about Easter 2013, any time within two weeks before Easter in March and beginning of April. Take precautions. I am doing this because you are a good and honest man. You are fighting for our people. The people you are fighting are thieves and bad people.’

    “I have also been called on (another) telephone number …on about March 3, 2013 by a male voice who wanted to know whether I would be in Enugu during Easter.

    “He refused to identify himself, in spite of my entreaties to disclose same and only cut the conversation when I refused to answer his question.

    “I have therefore come to the conclusion that my assassination is impending, and that the danger is real, present and continuing.

    “I have come to the honest belief that unless there is immediate police intervention, those planning my assassination will carry it out.

    “I also have a very reasonable belief that the life of Prince Emeka Onyesoh who has been my compatriot and partner in the struggle to save Ohanaeze, may also be in danger.

    “Sir, my very fervent and humble plea, consequently, is that you use your good offices to arrest my assassination, the impurity and lawlessness about to be unleashed.

    “I shall be on hand and available to interact with the police on this matter when invited”.

     

  • Lawyer sues bank, LPPC over withdrawal of SAN

    Lawyer sues bank, LPPC over withdrawal of SAN

    Bank raises objection to suit

    A lawyer, Chief Ajibola Aribisala, whose rank of Senior Advocate of Nigeria (SAN) was withdrawn on February 26, has sued the Legal Practitioners Privileges Committee (LPPC) and Fidelity Bank Plc at the Lagos State High Court, Igbosere.

    He sought an order setting aside, or nullifying his suspension from the use of SAN titlewith its accompanying privileges.

    The decision to withdraw the rank was taken by the LPPC, headed by the Chief Justice of Nigeria (CJN), Justice Aloma Mukhtar.

    Aribisala asked for an order of interlocutory injunction restraining LPPC either by itself or its agents from hearing, considering or taking any step with respect to a petition by Fidelity, dated May 15, 2012, pending the determination of the substantive suit.

    The claimant was represented in court yesterday by three SANs – Tayo Oyetibo, Rolland Otaru and Dipo Opeseyi.

    He said his suspension was done despite the pendency of an application dated October 19, 2012 seeking a restraining order of interlocutory injunction against LPPC.

    The claimant also asked the court to restrain LPPC from making any form of publicity relating to his alleged suspension from the use SAN rank pending the hearing and determination of the suit. In a supporting affidavit, Aribisala alleged that the LPPC took the action while another suit against it was pending.

    “This suit came up before the court for the first time on 22nd January, 2013 and having regard to the absence of the defendants, the court adjourned same to 6th February 2013 and ordered that hearing notice should be issued and served on them.

    “In line with the said order of court, the hearing notice was served together with an accompanying letter dated 23rd January 2013 on the 2nd defendant (LPPC) by prepaid courier and an affidavit of service was filed to that effect.

    “Notwithstanding the notice of court proceedings, the second Defendant has failed to cause an appearance to be entered on its behalf in court by counsel to defend the suit.

    “The suit has in actual fact been adjourned to 28th February 2013 for hearing of the Claimant’s application for interlocutory injunction seeking to restrain the 2nd defendant from taking any disciplinary action against him during the pendency of the suit.

    “While this suit is pending and in particular while the application for injunction is pending in court, 2nd defendant on 26th February, 2013 sat in Abuja to consider the 1st defendant’s petition which is the subject matter of this suit.

    “The 2nd Defendant after a two-hour sitting announced the indefinite suspension of the Claimant herein from the inner bar as a Senior Advocate of Nigeria and thereby stripped him of the privileges accorded thereto,” the claimant said in the affidavit.

    Aribisala said before he was served with the suspension notice at the close of business on February 27, the defendants had gone to the press and made wide publicity of the indefinite suspension.

    The lawyer said he believed that that his suspension from the rank of SAN during the pendency of the suit while the LPPC allegedly failed to defend the suit or make appearance in court was not only malicious but amounts to contempt of court and an abuse of judicial process.

    The LPPC is yet to file any defence to the suit.

    However, the bank, in its defence, said Aribisala’s claim “discloses no reasonable cause of action and constitutes an abuse of the court process”.

    Counsel for the bank, Mr. Seyi Sowemimo (SAN), insisted there was no basis for preventing the bank from invoking the disciplinary powers of the LPPC.

    During hearing yesterday, Sowemimo told the court that he had filed a notice of preliminary objection to the suit.

    According to him, the bank is challenging the court’s jurisdiction to entertain the action.

    Oyetibo opposed hearing the bank’s preliminary objection, saying it should not be considered first.

    The presiding judge, Justice Oludotun Adefope-Okojie, adjourned till April 23.

    She said parties would address the court on whose application would be heard first that day.

     

  • Fawehinmi was among the best, say lawyers, others

    Fawehinmi was among the best, say lawyers, others

    A lecture has been held at the Lagos Airport Hotel, Ikeja, in honour of the late Chief Gani Fawehinmi (SAN). ADEBISI ONANUGA was there.

    The spirit of the late human rights crusader and constitutional lawyer, Chief Gani Fawehnmi (SAN), came alive in Lagos at his ninth yearly lecture / symposium entitled: Fawehinmiism.

    At the event, eminent Nigerians took turns to eugolise the late Fawehinmi’s contribution to the development of the economy and his political and human rights crusades. The symposium’s theme was: “Economy, politics and human rights: whither Nigeria”

    The speakers described Gani as a selfless lawyer , and the best ever, who gave his life for the course of the masses.

    They, stressed the need for national re-birth that will guarantee the development of human rights in order to keep alive the late crusader’s struggle.

    Dignitaries at the event, cut across social strata.

    Lagos State Governor Babatunde Fashola (SAN), by the Solicitor-Genneral, Mr Lawal Pedro (SAN), his Ogun State counterpact represented by the Attorney-General and Commissioner for Justice, Mr Wemimo Ogunde (SAN), the Executive Chairman of the National Human Rights Commission (NHRC), Prof Chidi Odinkalu, human rights activisit, Chief Abiodun Owonikoko (SAN); Senator Enyinnaya Abaribe, Lagos State Chief Judge, Justice Ayotunde Phillips, Senior Advocates of Nigeria such as Ebun Sofunde, Femi Falana, Emeka Ngige, Augustine Alegeh, Niyi Akintola, Tayo Oyetibo and Dele Adesina, among others.

    There was also the Resident Electoral commissioner for Cross Rivers State, Mike Igini; former commissioner in Lagos State, Dr Muiz Banire and Mazi Okechukwu Unegbu, among other.

    They noted that bad economy, high poverty level and the high crime rate are inter related issues at the front burner of national discourse today and that attempts to provide answers to them amounted to digging at the foundation of Nigeria’s problems and thereby bringing the nation to the point of national rebirth.

    The Chairman of NBA, Ikeja Branch, Mr Monday Ubani, said in his welcome address that, the late Fawehinmi was still angry from his grave that the problems of the country that truly facilitated his demise, instead of abating are growing daily.

    According to him, every decent Nigerian will feel appalled at the rate the country had moved politically and economically, adding: “The nation has been denied growth by pervasive and institutionalised corruption everywhere. No institution or agency of the government is spared even the private sector is not innocent”.

    Ubani lamented that the grave danger in all this was that the country has a populace that is less discerning and that which does not see any looming danger.

    He said if the country must make progress economically and politically, “ a populace on red alert is the answer. He said: “If the rights of the citizen must be respected and duly observed, the populace has to insist on compliance by everyone, big or small. What I mean is that progress is not attained by docility and inertia. Countries that have experienced tremendous movement in terms of development had active, participatory and discerning populace as a catalyst. Chief Fawehinmi is missed greatly today because everyone in the nation knew that he was never docile, he was never asleep over breaches of government”.

    He said the late Fawehinmi “will shout, he will scream and where they refused to hear, he will sue”.

    According to Ubani, Fawhinmi had the Nigerian press as his greatest ally and that he was a firm believer in the rule of law and trusted the judiciary.

    Ogun State Governor, Senator Ibikunle Amosun, described the lecture as another demonstration of the NBA’s readiness to engage issues affecting the country to provide platforms for cross-fertilisation of ideas that would bring solutions to issues bothering our development.

    He lamented the fact that poor people could easily be induced to vote contrary to their objective judgment.

    This, the governor said, could result in the emergence of leaders they least desire as well as results in poor policies and programmes, which in the end can could give rise to a bad economy.

    Amosun emphasised the need for the Federal Government to get economy right to ensure that the nation’s democratic processes and polity are sustainable.

    The governor stressed the need to empower the people to exercise their rights and defend them.

    “Defending the rights of the citizenry and creating conducive atmosphere for people to realise their potential is the best means through which the government can become accountable to the people”, he added.

    Amosun charged lawyers to see human rights beyond the narrow prism of right to life, free expression, fair hearing, education and other social rights contained in chapter four of the constitution.

    He referred to some rights embedded in Chapter two of the constitution, which are non-justifiable, advising: “Your determination of rights must equally encompass all of economic rights, including but not limited to right to fair opportunities, decent and gainful employment”.

    Pedro (SAN) who represented Governor Fashola urged lawyers to take up more public interest litigations and not to be concerned in making money alone.

    Lawal explained that this was why the state government came up with the law encouraging lawyers to take up pro bono cases.He urged lawyers to emulate the late Chief Fawehinmi and to think of what they could do to make the society a better place for all of us.

    In his lecture, Odinkalu, who traced the problems of the country to the bastardisation of the judiciary and the police described Fawehinmi as a generalisiimo, who fought for an egalitarian society and challenged Nigerians to stand up against injustice.

    Odinkalu called for an egalitarian society where every citizen irrespective of his political linings, religion or creed is allowed to exist.

    The NHRC chief attributed Nigeria’s economic woes to the collapse of the police and the nation’s “lobotomised” judiciary, a situation, which he explained led to the belief among influential citizens that judgment could be purchased.

    While describing patriots as part of Nigeria’s problems, Odinkalu said the clamour for the national conference would not bring solution to the national woes, but a distilling constitutional convention without violence. He lamented that violence has been democratised in the country and that nobody is being held accountable for it.

    He recalled that the genesis of the insecurity in the country started with the murder of the former editor-chief, of the defunct News Watch, magazine Dele Giwa, and the “complicity of the state” in the murder or the state’s attempt to cover it up.

    Odinkalu said a failed Nigeria would be catastrophic to Africa, adding that Nigerian leaders would be failing the country if they failed to address the problems of the country.

    “The balkanisation of Nigeria has to end. We challenge the Nigerian government to end the bombings and extermination of one another in the country” he said.

    Chief Niyi Akintola (SAN) agreed with the view espoused by Odinkalu that The Patriots under the leadership of the latenChief F.R.A. Williams and Prof. Ben Nwabueze and others failed the nation.

    Owonikoko lamented that the country has become a nation of consistent despot. He said the leadership has misplaced their priorities and that this has great implications for the country. He said for the country to move forward, the culture of inefficient and misplaced priority in appropriating the resources of the state must stop.

    He urged the government to put in place mechanisms for checking the excesses of politicians for the nation to move forward.

    The President of the Nigeria Bar Association (NBA), Mr. Okey Wali, in an address described Nigeria as a country with all the trappings of a nation state but failed to grab them. According to him, Fawehinmi was known for public interest litigation. As a prolific icon, he resisted actions of the government that were inconsistent with the rule of law using public interest litigation. He recalled that Fawehinmi recorded great achievements in public interest litigations under severe and harsh legal frame work and environment.

    Wali noted that the situation is no longer the same with the intoduction of the new Fundamental Rights Enforcement Procedure Rules 2009 which encourages courts to welcome public interest litigations without cases being dismissed or struck out for want of locus standi.

    He, therefore, urged lawyers to take advantage of the new rules to emulate Chief Fawehinmi by taking up public interest litigation cases, since those symptoms and components of bad governance fought by the late human right crusader are still prevalent.

    The NBA president also urged the Federal Government to intensify efforts in its fight against insecurity, saying that the issue is not only affecting human lives, but also the economy.

    Wali who also noted that the nation’ economy has performed below potential due to inefficient systems, corruption and weak infrastructure called on the Federal Government to intensify efforts in its fight against insecurity.

    He also said NBA would embark on aggressive advocacy for the reform of investment laws to make the country more investor-friendly.

    On serial violations of human rights in Nigeria, and flagrant violation of human rights in extra judicial killing, Wali advised the Federal Government through the office of the Attorney General of the Federation to take urgent steps to curb the rising rate of extra- judicial killings.

    “Pre-trial detention and unlawful detention with no prospect of trial are other kinds of abuse of human rights and poor administration of criminal justice that stare us in the face on daily basis”, he added.

    The NBA president further called on the President Goodluck Jonathan to embark on aggressive electoral reforms and constitutional review to ensure credible and fair elections, which is one of the ingredient of good governance.

    “A political arrangement that promotes justice must be fashioned out as a matter of our survival as no one will do it for us we must ourselves deal with this challenge”, he added.

    In a citation entitled, “The Gani Fawhinmi I know”, Chief Wahab Shittu, described him as a foremost, bold and courageous nationalist and statesman, crusader for justice and rule of law, philanthropist extraordinaire, celebrated author, publisher and law reporter and activist founder of a political party.

    Shittu said Fawehinmi was one lawyer, who was not afraid to stand alone in the pursuit of his beliefs. “He was able to achieve his desires and command respect of the rank and file because he had character and operated on a higher moral ground. Gani”, he added, “could never be faulted in terms of integrity and moral standing. He led by example and showed the way as a leading light in the society. He was also very principled and was adjudged consistently consistent, which is a mark of greatness.

    “Indeed, Gani’s life has demonstrated that there are two categories of lawyers: those who are obsessed with the theory of change, and those who are obsessed with the theory of forestalling change”, he said, adding: “Gani, clearly was the leader of the first category”.

    Shittu also said the lecture made all those present to reflect on the value of honesty, integrity, sincerity, truthfulness, diligence, determination to excel, self respect, humility, fearlessness, contentment, and believing in the dignity of human individual.