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Tag: Lawyers

  • Lawyers petition Buhari on alleged rot in Aviation College

    Lawyers petition Buhari on alleged rot in Aviation College

    TRANSPARENCY Initiative has petitioned President Muhammadu Buhari on the alleged rot in the Nigeria College of Aviation Technology (NCAT), Zaria.

    The petition, jointly signed by three lawyers:  Nnaemeka Amaechina, George Nwahajioke and Taiwo Adegbite, alerted that the college had deviated from its statutory role, function and the legacy left behind by its founding fathers.

    They claimed the aviation college has become the beacon of corruption and financial impropriety, warning that if measures were not taken to halt this, the college might head into disrepute.

    They drew the President’s attention to an allegedly illegally awarded contract and eventual splitting of same for re-fleeting of trainer aircraft, worth over $20 million, to a certain company in Lagos.

    It also claimed that the contract had no Bureau of Public Procurement (BPP) approval, and that the “Certificate of No Objection”, as required by due process, was not obtained.

    “As at the time of award of this contract, which is November 17, 2014, the company had not been registered, and its address on the contract document looked fictitious.

    “The BPP initially refused to grant NCAT certificate of no objection to proceed with this project because the 2014 Appropriation Act made only N400, 000 provision for re-fleeting of NCAT aircraft and for two engines specifically. The credibility, history, track record and financial strength of the eventual awardee of the contract were queried,” the petition highlighted.

    On that note, the group argued that for a contract that involve such a huge amount of money to have been awarded without due process, was nothing but illegality, pointing out that there was no Federal Executive Council approval for  the initial payment to the company, as at December, 2014.

    The petitioners, through the letter copied the Minister of Transportation, Rotimi Amaechi and Minister of State,

    Aviation, Senator Abubakar Hadi Sirika, urged Buhari to employ its investigative apparatus to further verify all

    their claims and those involved in the financial indecency.

    They added: “Your Excellency, we urge you, in your usual tradition, to use your good offices to order a total

    investigation of facts contained in this petition by the  appropriate government agencies and ensure that those found  culpable are brought to book.”

     

    Group fights violent extremism in 5 Northern states

     

  • … Lawyers split over allegation

    … Lawyers split over allegation

    As budget padding an offence? Two Senior Advocates of Nigeria (SANs) Mallam Yusuf Ali and Sebastine Hon, a constitutional lawyer, believe it is not.

    To them, it can only amount to an offence if the appropriation bill as passed by the National Assembly is signed into law by the President.

    But a former Ikeja Branch chairman of the Nigerian Bar Association (NBA), Mr. Monday Ubani, University of Lagos (UNILAG) law teacher Wahab Shittu and Lagos lawyer, Fred Agbaje, are of the opinion that budget padding, even when not passed, constitutes not only an offence, but a violation of the constitution.

    They spoke in separate telephone interviews in reaction to the statement made on Friday by Speaker Yakubu Dogara of the House of Representatives that budget padding does not violate any law of the land.

    Ali said: “Padding means ‘adding to’. A budget is incomplete until it is passed and assented to by the president or governor.

    “For now, it’s a bill, that’s why it’s called budget proposal. It’s not an act or law yet. The budget proposal is like any other bill to be passed into an act.

    “If, for instance, the executive sends the Petroleum Industry Bill to the National Assembly, must it be passed the same way it was sent? Can they not alter some sections, as is done during public hearings? Will that be padding?

    “The legislature is not bound under the constitution to pass a bill the way it is presented, either by a member or by the executive.

    “You can’t say a budget has been padded except people inserted new things after the president assented to it, in which case they’re changing the texture of the law.

    “What will amount to an illegality is when a bill has been passed into law and anybody now adds to it after it has been assented to. It’s like changing the sections of a law that has already been passed. That’ll be an offence.

    “A budget proposal can be deducted from or added to. The total figure of a budget proposal may increase or decrease.

    “More than any other thing, there’s nothing like the offence of padding under our law. For me, we should leave politics and sentiments and deal with the law.”

    Hon holds a similar view, saying the House of Representatives leadership did no wrong by adding to the budget.

    His words: “Section 81 (1) of the 1999 Constitution provides that the President shall lay before the National Assembly the estimate of expenditure and income, that it, the budget for the following financial year.

    “Laying the estimate before the National Assembly does not contemplate that the estimate must be passed as laid. It contemplates that the National Assembly can deliberate on it, and in doing so can easily add or subtract from the estimate. Indeed if the National Assembly adds to, it can’t amount to padding of the budget or a crime. There’s no crime known to law as budget padding.

    “Sections 36 (8) and (12) of the Constitution are to the effect that no person shall be punished for a crime not known to law. So, there’s never a crime known as budget padding.

    “And the National Assembly is not a rubber-stamp assembly as to swallow hook, line and sinker what the President has sent to them. They deliberate on it and make input. That is why they’re part of the Federal Government of Nigeria.

    “We should be very wary of bringing down persons and institutions in this country.”

    But Ubani, the NBA Vice President-elect, believes there was a criminal intent in the bid to add to the budget.

    He said: “The point is that if a certain amount of money is provided for, maybe for the building of road, and the amount of money provided by the executive is N20, and then you add N10 to it, there’s a criminal intent.

    “If the budget is passed, that N10 you added becomes your own. You know how to get the money out because they know that the money is disbursed to members of the National Assembly.

    “By adding that amount that was not meant for the road, there’s a criminal intent. Or that you add a certain amount of money for a heading that is not provided for by the executive, contrary to the provisions of the Constitution, that’s even unconstitutional.

    “We must define who has the right to table before the National Assembly the estimate and income for the year. It is that of the executive. What the House needs to do is to appropriate. It’s either they add or reduce.

    “But to add what is different from what the executive brought before them is clearly unconstitutional and to me it’s criminal.

    “You have no right to do what the law does not provide for. What they can only do, if they want constituency projects, is to route it through the executive, which will insert it in the bill and present it before them.

    “It’s not for them to add, and most times they add these things for own interests not for the nation. All those sums that have been provided for constituency projects, if they had been using them, by now our constituencies would have been eldorado, but they put the monies into their provide pockets. So, that’s why it’s criminal.

    “I don’t think that Dogara should even say things like that (that it’s not an offence). In doing that, he’s provoking Nigerians the more. And that’s the impunity that we experienced under PDP.

    “Even though we know most of them came from PDP, we don’t want such things to continue under this dispensation, especially under the mantra of change. It’s very unfortunate.”

    Shittu said the issue as to whether budget padding is an offence is not debatable.

    “There’s no doubting that budget padding is not only an offence, but a gross offence that is in violation of the Constitution.

    “When you insert into a budget that is supposed to be laid by the executive matters that are alien to the budget, you have altered the character of budget as presented to you in a manner not contemplated by the person who initiated the document.

    “And if you do that without consent and due procedure, and without following constitutional provisions, you have committed a crime – a breach of the constitution which is also gross misconduct.

    “The issue as to whether it’s an offence is not debatable. Whether he (Dogara) is guilty of padding is another issue, which is a function of proof.

    “I think he should rather say he’s not involved in padding rather than say that padding is not an offence. They should not continue to insult our intelligence,” Shittu said.

    Lagos lawyer, Fred Agbaje, said Dogara and his supporters in the House of Reps have no respect for morality.

    “What they did is totally unlawful and unconstitutional and must not be allowed to stand at all,” he said.

    He added: “It is only the president that has the constitutional right to add and subtract anything from the budget. Therefore the addition by the House of Reps which was clearly with the intent to steal is criminal. It is the height of dishonesty and another name for it is fraud.

    “I expect the Attorney General of the Federation ably represented by the EFCC and the Inspector General of Police to go after the leadership of the House of Reps. By now they should be fighting to get bail. I read through the papers that the Federal Government wants to intervene. This is absolutely wrong. We’re not under the leadership of the Peoples Democratic Party (PDP) who may want to consider such acts of criminality a family affair. If the Federal Government fails to act appropriately, it will be a serious dent on the fight against corruption.”

  • Quality of lawyers is low, says retired judge  

    Quality of lawyers is low, says retired judge  

    Justice Ebenezer Adebajo (rtd) had a low-key 67th birthday last Tuesday. The jurist, who retired from the High Court of Lagos about two years ago, during the birthday celebration, spoke with ADEBISI ONANUGA on Buhari Administration’s fight against corruption and other issues on the judiciary

    How do you see the war against corruption?

    I find this so-called war against corruption as a superficial exercise. I used the word superficial with reluctance and care because there are two professors in the committee or commission appointed by the President on corruption. Does the prosecution of a handful of high-ranking officials qualify as a fight against corruption? It does not. If you fight against corruption, it is to eliminate corruption in our body system. Corruption is a systemic thing. It is within the system of governance itself. That is where the fight against corruption should commence from. In ancient days, when a man has worked for 35 years, and he retires from public office or the civil service, and for the next three or four years, he is not going to be paid his pension, he would of course look for extra while he is in service to guarantee his days after retirement. It is when we correct these anomalies within the structures of the system that we can say we have started to fight corruption. But taking some people to court, no matter how high-ranking, you have not taken everybody to court. So, those who are coming behind can say that we might be able to get away with it too because when you take some to court, you did not did not take everybody to court.    That isn’t war against corruption. We have to look inside the system itself. We have an Air Marshall in court, we have an Army General in court, we have this, we have that. That isn’t a war against corruption. We must look inside the system itself and the anomalies within the system, we review them. Until we do that right, we are not going to put aside corruption.

     Some people have been taken to court and they entered into plea bargain and returned some of the money they stole. Are you saying that there is no war against corruption or that it will not be complete until there is a blockage of the system that encourages corruption?

    Yes. Until you address the issues within the system that makes people prepared to lose whatever it is to take care of tomorrow after their retirement, whether extravagantly or otherwise, it would be regarded as if you are not fighting corruption. Going to court with some people, yes, they are like thieves taken to court every day. There is nothing remarkable in that and in prosecuting a thief. We are talking about the corruption when a man or woman would come back after five years and be begging for money to buy medication because pension has not been paid or be begging for money to pay rent to his landlord because pension has not been paid. These are the things that are the cause of corruption. It is the cankerworm in the system. Let the system address itself. When the state governor is able to take out his security vote and the civil servants or the public officers have not been paid salaries and you are saying people should not take things! People will do those things outside the ordinary. When the governor lives life as if there is no difficulty and says that the state is broke, so the pensioners are going without their pensions. We are talking about pension arrears of about five years. Then, those who are still in service will say that their own lot will not be like that. They will start taking care of that tomorrow. Those are the issues that need to be addressed when we are talking about corruption, not taking some thieves to court. Every day we are prosecuting thieves but there is nothing extra-ordinary in it.

    Is it proper for EFCC to freeze the account of Ekiti State governor in view of his immunity?

    There is no immunity in Nigeria. We must, first of all, understand this that our laws do not grant immunity to anybody. Not even the President. What our law has done is to create specialised procedures. So bringing a person who sits in office as President or as Vice-President or as Governor or as Deputy Governor, the law has created a specialised procedures by which he would be brought to court. He must first of all, face the House of Assembly or the House of Representatives. That house will look into their matter and will bring out an indictment against them. That indictment is what we called the impeachment of the office bearer. That indictment, it is like a charge. When that indictment has come out, when the officer is impeached, then the whole place will sit like as a court and if they found the impeachment to be proper, they would by their decision remove him from office. When they remove him from office, he is now liable to face prosecution in the regular court. If you fail to prosecute him in the regular court. As was the case with Fayose, when he was impeached, there was no prosecution. So, the legal sequence did not come to its proper conclusion. So, there is no immunity. But in our situation, where we are governed by a sole party in each of our state, like in Lagos State, it is only APC in the House of Assembly, they would not impeach their governor. That is why the system we have adopted calls for multi-party governance, not a single party governance. What we are going through  is leaning towards a state of affairs that will lead and end us up with a state of dictatorship because we have broken up into a one party state.

    The Judiciary is often blamed for not doing enough in the fight against corruption.

    They will blame the judiciary when they have caused the mess among themselves and they couldn’t go forward or backward. The judiciary can only interfere in matters that are brought before it. The judiciary will not go out to look for a case for itself. That is the duty of the Police and in our system of administration of justice, the judge has a limited space to pro-activity. He can only be proactive to some extent, not in all extent as in some countries. In Spain, the judge can actually make an order that he wants to investigate into a particular state of affairs. But here we cannot do that. It is only the issue that is brought before the court that the judge can decide on. There is no fault in the judiciary. It wasn’t the judiciary that coined the phrase, “politically exposed person”. It wasn’t the judiciary. It was the politician. I discovered that from the EFCC when I was conducting EFCC trials. And EFCC, too, are limited by that phrase. They were not able to do their work. Even up till now, in spite of the high profile cases that we have in court, the EFCC knows much more than what is revealed to the public. I have attended their workshops and I know they have more than that. I know that they can be a very efficient organisation if only they would allow them to do so.

    What about the delay of these high profile cases, who is to blame? Is it the prosecution, the counsels or the judges, because some of these cases don’t always get to completion. They are usually bogged-down somehow?

    The judge will do his best to give everybody a fair chance. If a lawyer says I have headache, I would not be coming to court and he has written a polite letter, the judge would just say, well, may be the best thing is to allow him to have the day off and treat everything on the same level. But I believe it is the work of the Nigerian Bar Association (NBA). It is a question of ethics. When a lawyers purposely delay cases in court, I think it is a matter of professional ethics. It is not for the judge. If as a judge, I find that the lawyer is delaying the case in my court, what am I to do? In Britain, the judge will write to the Bar Association and that will lead to a disciplinary action. But in Nigeria, where do we write to? So, what do you do? You have to keep a balance between  keeping  your work going and be seen not to be bias. But if you take any harsh step, the next thing is accusation of bias. The bar association should be the body that is maintaining ethical discipline among the lawyers. But there is no ethical discipline in Nigeria.

    At the beginning of this administration, the Attorney-General  of the Federation said there would be no room for plea bargain but with the turn of events, we have seen a lot of people opting for plea bargain and returning some of the money stolen. Is that enough to solve corruption?

    When you enter into plea bargain, the attorney-general as the prosecutor, he is political person, he is holding a political office. If it is politically wise, whatever that might mean, he will decide somebody to enter into plea bargain with and who he will not enter into plea bargain with. But I believe that plea bargain, on this high profile cases is political. They are not judicial. I would ask Nigerians to appeal to the judges that they should impose their sentences and not the sentences agreed to by the parties in the plea bargain because it is the judges ‘decision what punishment or sentence to give.

    It is often said that judges are to be heard and not to be seen. How would you react to a situation where serving justices and judges are honoured with awards? Won’t such awards compromise their positions?

    I think this is a thing that the judges should ignore.Those to be given awards, on what basis are they  giving awards to them? Do you know how they put in their hours of work? I believe judges should just ignore such award, especially coming from that area, a private businessman, to say that he is giving award to judges!  If the bar association rises to the occasion, it would have put a stop to such thing. The only award judges are entitled to are national awards.

    How do you see the suggestion that the Chief Justice should be appointed  from outside the Supreme Court?

    It is a dangerous thing. It endangers the system and if you ask me, those who are flying the kite are flying their personal interest. There is a culture of the court and the culture of the court can only be assimilated by having been within the system of the court. From the High Court to the Court of Appeal, straight to the Supreme Court. I can understand if they want to replicate, thinking that they can replicate the likes of Late CJN, Justice Elias. But we should have no need to go looking for such trouble at this point in time. We have gone beyond that point. We have developed beyond that point. In England, when a lawyer takes on the office of a magistrate, that person as a magistrate, will end his or her career as a magistrate. They don’t transcend to the high court. You have taken a line in the profession and you go on through that line. You do not criss-cross the line. Some people had been able to do it. Nikky Tobi of blessed memory, a remarkable man in every way, had the opportunity to do it. He was made a professor, a law writer, a writer of legal books as well as a highly competent judicial officer. We do not need any one outside the system to come and say that I am the head of the system. The lines of the profession, judicial line and the advocacy line, are there and you take your line and follow it through and the position of the Chief Justice of Nigeria is the pinnacle of that line. Why you somebody come from the outside and say that I am taking over? Are you better than those who are there?

    Do you agree that judges specialise in an area of the legal system, such as criminal, maritime or family matters?

    It is right that you have special interest but to say that the only thing you can listen to for the rest of your life is just criminal cases or just husband and wife, I don’t think that is good enough. From what I have experienced, I think it would not be such a sweet mode of work for the judges. Your knowledge and ability to performing in the court room as a judge is not without the reflection of the quality of lawyers who appear before you. That is what we have to look at. The qualities in recent years are down to the extent that I think we can make a case for it that the NUC and the body of benchers should look again at the number of lawyers that we produced in our universities. It is too much. We have left quality aside. We are just producing quantities and we are producing quantities because of the school fees law students are paying. It doesn’t do our profession any good when a law graduate is looking for admission into the law school three years after graduation.

    At 67 years, how do you feel?

    It is pleasant. I am happy and I am a happy man. That is how I can put it.

    How have you kept yourself busy since your retirement two years ago?

    My mind is alive with my consultancy. I have been active, I have been up and doing. I have something doing every other day. That has kept me going and it is luck and grace of God.

  • Ex-Oyo CJ’s son, Law School DG, 20 others bag SAN rank

    The list of Senior Advocate of Nigeria (SAN) rose Monday with the conferment of the rank on 22 outstanding lawyers.

    With the conferment of the rank on the 22, including Olaseni Abiodun Adio, son of former Oyo State Chief Judge, Yekini Adio and Director General of the Nigerian Law School, Olanrewaju Adesola Onadeko, the number of the holder of the rank in the country has risen to 451.

    131 lawyers applied for the ranks this year. 55 were shortlisted for interview. Including four women, from which the 22 emerged victorious.

    Of the 22, 19 are from among the advocate category while 3 are from the academics. Only two women made it this year.

    Others include lawyer to the governor of Kaduna State, Nasir El-rufai, Abdulhakeem Uthman Mustapha,  Nnamonso Udo Ekanem, Prof Muhammed Tabiu, Dr Valerie-Janette Ogonna Azinge and Olufunke Abimbola Agbor.

    Also named are Olusola Oladimeji Ojutalayo, Richard Ayodele Akintunde, Oyesoji Gbolahan Oyeleke, James Onyeanwuna Njeze Ikeyi, Elisha Yakubu Kurah, Adewunmi Adedeji Ogunsanya, Olatubosun Ola Olanipekun, Kalu Ikwuonwu Umeh and Adewale Sunday Adesokan.

    Others are Fredson Chijioke Alexander Okoli, Olasheni Ibiwoye, Abdulhakeem Utman Mustapha, Mba Ekpezu, Edward Gyang Pwajok and Prof Chukwu Amari Omaka.

  • Lawyers: Fayose’s strike unknown to law

    Lawyers: Fayose’s strike unknown to law

    Lawyers in Ekiti State have spoken on the constitutionality of Governor Ayo Fayose’s decision to proceed on an indefinite “strike” in solidarity with civil servants, who are owed five months arrears of salaries.

    Speaking with The Nation in Ado Ekiti yesterday, they said the 1999 Constitution (as amended) does not provide for a state chief executive to proceed on an industrial action.

    The governor had in a broadcast on the state television last Friday said he was joining the workers in their indefinite strike as a mark of solidarity with them.

    But the organised labour fired back, saying: “What we need is the payment of at least three out of five month arrears and not a solidarity strike”.

    The Chairman of Nigerian Bar Association (NBA), Ado Ekiti Branch, Dr. Foluke Dada, who explained that the constitution does not empower a state governor to go on strike, said Fayose might have taken the action to empathise with workers as he could not help the situation.

    The NBA chief, who is also a lecturer in the Faculty of Law, Ekiti State University (EKSU), said Fayose’s strike is a symbolic one and should not be taken literally.

    Mrs. Dada said: “Personally, I am of the view that if he says he is going on strike, I don’t see him doing it actively. It is the clear way to show solidarity and empathise with workers.

    “The strike is a symbolic way of telling the workers that he feels very sorry for the suffering they are going through and that he identifies with them. I think the governor is just being symbolic and we should not take it literally.”

    Another Ado Ekiti-based lawyer, Kolade Ilesanmi, argued that Fayose cannot go on strike by virtue of the oath of office and oath of allegiance he swore to under the Seventh Schedule of the 1999 Constitution (as amended).

    Ilesanmi said: “Legally and constitutionally speaking, Fayose cannot go on strike. Can a governor declare a trade dispute against himself? The answer is no and you cannot go on strike without declaring a trade dispute.

    “If he is on strike, why is he performing official duties? If the governor goes on strike and communicates same to the House of Assembly, it will amount to abdication of duty and he is presumed to have voluntarily resigned from office.

    “If after transmitting the letter and still performs the functions, the House of Assembly can go ahead to impeach him. This will be a ground for his impeachment as an infringement against the Seventh Schedule of the Constitution.

    “He swore to an oath to discharge his duties according to the constitution and if he says he is now on strike, he has abdicated his position. The governor, being a jester, is just mocking the workers by his action.”

    To Oluwasola Kayode, a governor going on strike is unheard of and there is no law in the statute books that permits a state chief executive to down tools.

    He added that the law only permits him to go on leave or vacation.

    Kayode said: “The governor is not under any law regulating employment; he is neither an employer or an employee.

    “A sitting president or governor can go on leave or vacation. But as to going on strike, it will be tantamount to vacating the seat although there has never been any judicial pronouncement as to whether an incumbent governor can go on strike.

    “Although it is a matter, which a court can adjudicate upon on what should be the legal consequences of a governor deliberately going on strike because the position of a governor is not under contemplation of the Trade Union Act.”

    Chris Omokhafe said: “The governor is just being jovial with workers. Going on strike is not a constitutional matter, but he has the right to go on leave.”

    Emmanuel Adedeji said: “You don’t make an issue out of it; it’s a joking matter. The governor wouldn’t have said that he was going on solidarity strike. I believe he was misquoted and the statement was given a political colouration.”

  • FG promises to address causes of insurgency, militancy

    FG promises to address causes of insurgency, militancy

    Federal government Tuesday said it was working unearth the root causes of insurgency and agitation in parts of the country with a view to addressing them.

    The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) gave this assurance Tuesday  while addressing aggrieved lawyers, who were in his office to protest what they termed the menace of Boko Haram.

    Malami said the Fed Government was considering constituting a judicial commission of inquiry to investigate how insurgency found its way into the country.

    About 100 lawyers under the umbrella body of Lawyers United for Equality and Human Rights Advocacy (LUEHRA) protested to the office of the AGF to demand the investigation and prosecution of person found to have been sponsoring insurgency in the country.

    Malami was represented by the Director in charge of General Services in the Ministry, Mrs. Lola Uket. She assured the protesting lawyers that the minister will act on their demands.

    “You have made your demands and I am sure the minister will act and act very fast to meet your demands. All will be addressed. I believe you gave a time frame in your demand and I am sure they will all be met.

    “Your demands have not been met before now not because of negligence on the part of the minister but because of certain circumstances.

    “Let us be patient with them because they are also learned men like you. Let us give them the benefit of the doubt that something will be done,”she said‎.

    The lawyers in their position paper asked the minister to ensure the investigation and prosecution of sponsors of the Islamic Terrorist group, Boko Haram and ensure their prosecution at the International Criminal Court (ICC).

    In the paper, addressed to the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, a senior advocate, the lawyers asked the FG to avoid the grave mistake of government in the past that led to the intermittent resurrection of Niger Delta militancy.

    The group’s leader, Samson Esekhaigbe and Publicity Secretary, Nnena Okereke said recent frightening developments in the country were capable of causing serious political upheavals.

    Esekhaigbe said the developments were pointers to the fact that the top politicians in Borno State who created Boko Haram are still in touch with their “foot soldiers”.

    “We are afraid that the senseless killings by this animalistic bunch will not stop unless their sponsors are identified, tried in our local courts or dragged to the International Criminal Court at The Hague and accordingly imprisoned for facilitating heinous crimes against humanity. This is the only way that enduring peace would return to the North and Nigeria in general.

    “A situation whereby no less than 10,000 persons have been killed in various brutal activities spearheaded by the group is alarming”.

    The lawyers said it is their duty as a group of refined legal minds to fight and preserve Nigeria- the country that gave every Nigerian a home and heritage.

    The group condoled with those who lost their loved ones to insurgencies and insisted that the time to end Boko Haram is now otherwise the innocent blood spilt over the years will hunt us.

    The group is an umbrella body of pro-democracy, concerned and patriotic Nigerian lawyers committed to true democratic principles bringing to cognizance equity, fairness and respect for human rights and the rule of law in line with the change mantra of the present administration.

  • Lawyers to AGF: Prosecute sponsors of Boko Haram

    The Lawyers United for Equality and Human Rights Advocacy, has urged the Federal government to ensure the investigation and prosecution of sponsors of terrorists group, Boko Haram.

    The lawyers also asked the government to ensure the prosecution of the sponsors at the International Criminal Court (ICC).

    In a letter to the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, the group asked the federal government to avoid the grave mistake of past administration that led to the intermittent resurrection of Niger Delta militancy.
    The convener of the group, Mr. Edward Omaga, in a statement issued on Thursday in Abuja, said recent developments in Nigeria which are capable of causing serious political upheavals are pointers to the fact that top politicians in Borno State who created Boko Haram were still in touch with their “foot soldiers.”

    The statement reads: “We are afraid that the senseless killings by this animalistic bunch will not stop unless their sponsors are identified, tried in our local courts or dragged to the International Criminal Court at The Hague and accordingly imprisoned for facilitating heinous crimes against humanity. This is the only way that enduring peace would return to the North and Nigeria in general.
    “As we mark the 2016 Democracy Day today being 29th May, 2016 as well as one year anniversary of the present administration, we consider it imperative to DEMAND that you invoke your powers under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other relevant statutes as the Chief Law Officer and Minister of Justice to impress it on President Muhammadu to constitute a Judicial Commission of Inquiry within 5 (Five) working days from the date hereof.

     

    “This will avail Nigerians the opportunity of presenting vital information capable of fishing out the sponsors of Boko Haram and bringing them to book. We submit that the monstrosity of Boko Haram insurgency is too enormous to be imagined. A situation whereby no less than 10,000 persons have been killed in various brutal activities spearheaded by the group is alarming.”
    The lawyers said it is their duty as a group of refined legal minds to fight and preserve Nigeria- the country that gave every Nigerian a home and heritage.
    The group condoled with those who lost their loved ones to insurgency and insisted that the time to end Boko Haram was now otherwise the innocent blood spilt over the years would hunt us.

  • Alleged N32b fraud: Judge permits Dasuki access to lawyers in court

    Alleged N32b fraud: Judge permits Dasuki access to lawyers in court

    JUSTICE Hussein Baba Yusuf of the High Court of the Federal Capital Territory (FCT) has ordered the prosecution to allow ex-National Security Adviser (NSA) Sambo Dasuki access to his lawyers within the court’s premises.

    Justice Yusuf gave the order yesterday following complaint by Dasuki that he was denied unfettered access to his lawyers and could not properly brief them.

    Dasuki and four others are being prosecuted before the court on a 19-count in which they were among others, accused of diverting about N32 billion meant for arms procurement.

    Those charged with Dasuki are a former Director of Finance and Administration in the office of NSA,  Shuaibu Salisu, a former General Manager, Nigerian National Petroleum Corporation (NNPC), Aminu Baba-Kusa and two of his companies – Acacia Holdings Limited and Reliance Referral Hospital Limited.

    The judge, on May 3, fixed May 23 for commencement of trial.

    But yesterday, the scheduled trial was stalled owing to complaint by Dasuki’s lawyer, Adeola Adedipe, that his client was not allowed access to his lawyers as ordered by the court.

    He noted that the court had on April 6, directed the prosecution to allow Dasuki access to his lawyers and provide him with sufficient materials to enable him prepare for his defence.

    Adedipe stated that despite the court’s directive, the prosecution refused to allow Dasuki meet with his lawyers for the purpose of preparing for his defence.

    He urged the court to adjourn indefinitely pending when the prosecution complied with the court’s order.

    Other defence lawyers, including Akin Olujinmi (SAN), Solomon Umoh (SAN) and Abiodun Layonu (SAN) agreed with Adedipe on the need for an adjournment.

    Layonu noted that there appeared to be a misunderstanding between the prosecution and lawyers to Dasuki on the interpretation of the court’s order of April 6.

    He urged the court to specify how the prosecution should be allowed to meet with his lawyer and the venue.

    Although prosecution lawyer, Rotimi Jacobs (SAN) attempted to justify his client’s delay in complying with the court’ order, Justice Yusuf ordered the prosecution to allow Dasuki see his lawyers within the court’s premises.

    The judge directed that Dasuki should be brought to court every day, from Monday (yesterday) to Friday, to enable him meet with his team of lawyers.

    He adjourned to June 6 for commencement of trial.

    Dasuki’s lawyers were seen working to meet with him yesterday shortly after the court rose.

     

     

  • COSON LAWYERS GO HARD ON ROYALTY DEFAULTERS

    THE legal team of the Copyright Society of Nigeria (COSON), has expressed readiness for an unprecedented show down in courts across Nigeria with copyright infringers and royalty defaulters.

    According to information, since the beginning of the year, officers of COSON and the body’s consultants have been collecting detailed information in different parts of the country with respect to every organization which continues to deploy music without any copyright license or the payment of music copyright royalties.

    Meetings have also been held with different teams of Intellectual Property lawyers at the society’s headquarters in Lagos, in Abuja and at several other locations in the country targeted for the legal onslaught. The list of those to face COSON’s legal fire has been drawn and the strategies to take each of them on, has been mapped out, the management of COSON says.

    On the planned legal action, COSON Chairman, Tony Okoroji said; “We have no choice. We are fighting this war with every arsenal we can muster. We are deploying every resource at our disposal. We intend to win this war once and for all and change the intellectual property landscape in Nigeria. For all the defaulting broadcasting stations, we have notified the Broadcasting Organizations of Nigeria (BON), the Independent Broadcasting Association of Nigeria (IBAN) and the National Broadcasting Commission (NBC). We have also informed the Nigerian Copyright Commission (NCC).”

    Also speaking on the issue, COSON General Manager, Chinedu Chukwuji said; “More than any other organization in the history of Nigeria, COSON is using the law to effect social and economic change. We respect everyone but anyone who does not respect the musicians of Nigeria and those belonging to the 135 collective management organizations from every continent in the world which are represented by COSON should be ready to face imminent fire from us. It is that simple.”

  • CJ urges lawyers to keep fit

    Anambra State Chief Judge, Justice Peter Umeadi has urged  lawyers to keep fit physically.

    He spoke while opening the maiden Arthur Obi Okafor (SAN) football competition for lawyers in the state.

    The eight Nigerian Bar Association (NBA) branches in the state participated. It was held at the Ikpeazu Stadium, Onitsha.

    “It is not an accident that we are here at Ikpeazu Stadium today to mark  commencement of this competition today. Chuba Ikpeazu was a great jurist whose love for football made him two time chairman of the Nigerian Football Association (NFA) and history has made it that we are here today  for this great event. He was a Queens Counsel (QC) just like the promoter of this tournament, Arthur Obi Okafor (SAN).

    “Keep fit. Enjoy yourselves in the field of play and imbibe the spirit  of sportsmanship. Football is bound to bring us together as it has always done and I am happy that this is happening  at my time in the judiciary.”

    On why he sponsored the tournament,  Okafor said it was to ensure unity at the Bar and provide  lawyers with an opportunity to ease off tension.

    “Lawyers by their nature,  do a lot of mental and intellectual work with little or no time to relax or ease off, so this will provide them the opportunity to do so, keep them physically fit  and consequently remove unwarranted ailments from their  system.

    “At the same time, it will  give  lawyer  the opportunity to make  modest contributions to the socio- economic and political development of the country.  Because lawyers are very  knowledgeable,  they  constitute a very critical segment of the society.

    “So, wherever they come together, they brainstorm, hold critical and frank discussions  with constructive criticism  which will one way or the other promote unity, socio-economic and political development,” Okafor said.

    In his welcome address,  Chairman of NBA Aguata branch, Mr. S. U. Anyia, who is also  chairman of the Committee of branch chairmen and Secretaries of NBA  in Anambra State, said: “ The importance of this competition cannot be over emphasized because it has taken us outside the arena of ‘I put to you’ to a convivial atmosphere that will give us a relaxed ambience, free from stress. It will also keep us physically fit and considerably reduce most  sicknesses like high blood pressure, high blood sugar, obesity and so on from us.”

    In some of the games, Onitsha branch defeated Idemmili  branch by 4-0;  Aguata  branch defeated Anaocha 4-2  in a penalty shootout, Awka branch defeated Otuocha by 3-0.