The Nation Newspaper

Tag: Lawyers

  • Lawyers to lawmakers: don’t gag social media

    Lawyers to lawmakers: don’t gag social media

    The law guarantees freedom of speech for all. Everyone has a right to seek redress for false allegations, and perpetrators may also be prosecuted. So, is the Senate’s bid to further criminalise certain aspects of the media practice justifiable? ROBERT EGBE writes. 

    It is déjà vu. 1984 is knocking on the Senate’s door. Last Wednesday, a bill seeking to prevent frivolous petitions against and abuse of public officers scaled the second reading and was referred to the Committee on Judiciary, Human Rights and Legal Matters by Senate President Bukola Saraki.

    It was sponsored by Deputy Senate Leader Senator Bala Ibn Na’Allah (Kebbi South). Like  Decree 4 of 31 years  ago, it intends to protect public officers from false accusations .

    If passed into law, the bill, entitled: “An Act to prohibit frivolous petitions and other matters connected therewith”, will punish those found guilty with imprisonment “for a term of two years or a fine of N200,000” on conviction for acting, using or causing to be used any petition or complaint not accompanied by a sworn affidavit.”

    It also provides a mandatory six-month jail term without an option of fine for any person that unlawfully uses, publishes or causes to be published any petition, or complaint not supported by a sworn affidavit.

    Two of its sections have particular consequences for the country’s 97 million internet users.

    Section 4 says: Where any person through text message, tweets, WhatsApp or through any social media, posts any abusive statement knowing same to be false, with intent to set the public against any person and/or group of persons, an institution of government or such other bodies established by law shall be guilty of an offence and upon conviction shall be liable to imprisonment for two years or a fine of N2 million or both such fine and imprisonment.

    Section 3: Where any person in order to circumvent this law makes any allegation and or publish any statement, petition in any paper, radio, or any medium of whatever description, with malicious intent to discredit or set the public against any person or group of persons, institutions of government, he shall be guilty of an offence and upon conviction shall be liable to an imprisonment term of two years or a fine of N4 million.

    The bill has received support from senators, including  Saraki,  Dino Melaye (Kogi West), and Mrs. Biodun Olujimi (Ekiti South).

    “People must be held responsible for their actions. I believe what has been raised is important,” Saraki was  quoted saying.

     

    What the existing laws say

     

    Nigeria already has a system of laws that deals with false allegations in criminal and civil courts, while the Constitution guarentees right to freedom of expression.

    Analysts say the bill gives no explanation as to what it terms ‘abusive statements’.

    Defamation, whether in written (libel) or spoken form (slander) is already covered by the Cybercrime Act and Criminal Code.

    Sedition, a related law, is also covered under the Criminal Code Act. Most states also have local versions of these laws.

    Section 24 (1) (b) of the Cybercrime Act states:  A person who knowingly or intentionally sends a message or other matter by means of computer systems of network that (b) he knows to be false, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill-will or needless anxiety to another or causes such a message to be sent commits an offence under this Act and is liable on conviction to a fine of not more than N7,000 or imprisonment for a term of not more than three years or both.

    Section 375 of the Criminal Code states: Any person who publishes any defamatory matter is guilty of a misdemeanour, and is liable to imprisonment for one year; and any person who publishes any defamatory matter knowing it to be false is liable to imprisonment for two years.

     

    Right to freedom of expression

     

    The right to freedom of expression is guaranteed and protected both domestically and internationally.

    Section 39 (1) of the 1999 Constitution of Nigeria state: Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

    The right to freedom of expression is also guaranteed by Article 19 of the Universal Declaration on Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 9  of the African Charter on Human and Peoples Rights.

     

    Any need for social media regulation?

     

    The need to balance the delicate relationship between the right to freedom of speech on the one hand and the right to protection from injury to a person’s reputation on the other, has led to the prosecution of persons for defamatory acts via the internet.

    On August 25, the Police Special Fraud Unit (SFU) arraigned the publisher of Best of Nollywood magazine, Mr. Seun Oloketuyi, at the Federal High Court in Lagos, over a story published on his website www.naijahottestgist.com.

    He was charged under Section 24(1)(b) of the Cybercrime (Prohibition) Act, 2015 and Section 375 of the Criminal Code Act, Cap C38.

    On September 29, the police arraigned a blogger, Emmanuel Ojo, before an Ogun State Magistrate’s Court, for allegedly writing a false report against the wife of the Ogun State Governor, Mrs. Olufunso Amosun.

    Ojo was accused of publishing false information with the intent to malign and cause hatred against the wife of the governor which is punishable under Section 516 of Criminal Code Cap 24 vol. 2 Laws of Ogun State of Nigeria, 2006.

    Another blogger, Desmond Chima, was also arraigned before Justice Mohammed Yunusa of a Federal High Court in Lagos for allegedly posting two offensive stories on the internet against the Managing Director of United Bank for Africa, Philips Oduoza.

    The police alleged that Chima violated Section 24(1)(b) of the Cybercrime (Prohibition, Prevention, etc) Act, Laws of the Federation of Nigeria 2015.

     

    Lawyers react

     

    Prof Kanyinsola Ajayi, a Senior Advocate of Nigeria (SAN), disagreed with the Senate. He said the bill would chip away at press freedom.

    He said: “If the bill is passed into law, it would be retrogressive because it would take us back to an era that we don’t want to see. In Nigerian history, I guess the worst period was in 1984, with the then Head  of State now the President  who clearly now has moved away from that kind of position.

    “To go back to a state where we cannot express ourselves as citizens, where public officials refuse to wear the garb of honour that is a shield against false allegations, this means that our senators themselves are naked and are not clothed in honour, because if they were, they would not be worried about criticisms or even false allegations.”

    Ajayi said the existing laws that deal with false allegations in criminal and civil courts are adequate.

    “We have laws on sedition, defamation and libel; why should anybody fear?” he said.

    “It’s a really sad business and my hope is that if the law is passed by the National Assembly, the president will withhold assent and there’ll be no majority to override the president’s power.”

    The National President of the Committee for the Defence of Human Rights (CDHR), Malachy Ugwummadu, argues that although freedom of speech does not guarantee reckless statements, it does not also impose what to say on the people who wish to express themselves.

    He said: “Even if you have a useless statement to make, you should be able to make it, provided you don’t defame anyone and even if you do defame anyone that is a different category of law called the law of defamation under Torts.

    “The attempt through the bill to gag that right must be seriously challenged and is bound to fail because it will contravene the express provision of the constitution. And by virtue of Section 1(3) of the Constitution that other law is null, void and of no effect to the extent of its inconsistency with the constitution.”

    Ugwummadu, a lawyer-activist, continued: “There are also a plethora of statues already in existence namely the Freedom of Information Act, the Cybercrime Act, the law of defamation, libel and so on and so forth that have effectively taken care of the aspects that are preoccupying the Senate.”

    Public interest lawyer Jiti Ogunye said the Senate’s action will breach Nigeria’s international obligations.

    “What some senators propose to use the Senate to accomplish is illegal and unconstitutional. It is also highly immoral,” he said.

    “The right to freedom of expression is not a right that is entrenched in our local laws alone. It is not guaranteed by our Constitution alone. It is a right that is recognised by the United Nations Charter and all other protocols of the UN.”

    Ogunye continued: “What the Senate seeks to do by the legislation in Nigeria will not only assault the constitutionally-guaranteed right to freedom of expression, it will also breach the international obligations of Nigeria, as a signatory to all the UN protocols that guarantee the right to freedom of expression.”

    Socio-Economic Rights and Accountability Project (SERAP) Executive Director Adetokunbo Mumuni was concerned that rather than increasing universal and inclusive access to the internet for all Nigerians, the Senate is working to undermine access.

    He said: ”By initiating this bill, the National Assembly is impermissibly restricting the ability of the citizens to use these tools to communicate, connect, and seek independent sources of information.”

    “SERAP also contended that the bill would restrain access to internet and social media, curtail the freedom of the press, and online content in illegitimate, disproportionate, or otherwise unlawful and abusive ways.”

    Mumuni said the real targets of the bill are social media and human rights defenders that might be critical of government policies or report on corruption involving high-ranking government officials.

    He continued: “The bill will have a chilling effect on freedom of expression, as it will create an atmosphere of fear among bloggers and online activists who may not post critical commentary on Facebook or other social media platforms for fear of being sent to jail.

    “The Internet cannot enable citizens and others to participate in governance or critique government policy if they cannot freely access information, use social media services, or if they fear being sent to jail simply for expressing their views.”

    SERAP has urged the United Nations to request the senate, to withdraw the bill.

     

     

     

  • Don’t hold Kogi poll, lawyers tell INEC

    Don’t hold Kogi poll, lawyers tell INEC

    A consortium of lawyers has advised the Independent National Electoral Commission (INEC) against going ahead with the proposed Kogi State governorship election’s supplementary poll.

    The exercise has been slated for December 5 in 91 polling units.

    But the lawyers, who were engaged by INEC, said the All Progressives Congress(APC) could not present a candidate to replace its deceased candidate, Prince Abubakar Audu.

    They insisted that contrary to the position of APC leadership, the governorship ticket does not belong to the party.

    They said the ticket, by the Supreme Court judgment  on CPC Ombugadu(2013) 18NWLR (part 1387)66, belong to the candidates of a party.

    They said if INEC goes to court to seek interpretation on what appears novel, it will prolong the stalemate in Kogi State.

    They also said any recourse to the application of the “Doctrine of Necessity” will impugn on Section 1(1) of the 1999 Constitution.

    They asked INEC to countermand the November 20 governorship poll in Kogi State and conduct a fresh election in all the 21 Local Government Areas.

    The lawyers, who serve as legal advisers to INEC, made their opinion known in a November 24 letter to the Secretary to the Electoral Commission.

    They said their legal opinion followed a meeting they had with the Chairman of INEC, Prof. Mahmud Yakubu and his National Commissioners on November 23.

    The affected lawyers are Adegboyega Awomolo(SAN); A. B. Mahmoud(SAN); Onyechi Ikpeazu(SAN); Hassan M. Liman(SAN) and Ahmed Raji(SAN).

    The 10-page advice reads in part: “We are of the opinion that the best option in the circumstance is to countermand the election to the office of the Governor of Kogi State, call for a nomination of another governorship candidate of the All Progressives Congress(APC) and schedule another date for election in all the 21 Local Government Areas.”

    The lawyers warned INEC against going to court to seek any interpretation because the legal process might prolong the political stalemate in Kogi State.

    The advice said: “In a normal situation, especially in a legal system which assures speedy disposal of matters, it may not be out of place for the commission to proceed to Court to seek clarification on what appears novel.

    “However , proceeding along that course will no doubt attract several interest groups who may simply employ the system of incessant applications for joinder, not only to frustrate what may be a an attempt to attain a lofty objective by the commission, but defeat the course of democracy,

    “There is a clear likelihood that such a case will proceed to the Supreme Court, which will obviously be protracted for such duration that will expose the Commission to attacks of being partisan.

    “Whatever decision the Commission arrives, may be challenged, but it is important that all decisions be made on the foundation of law.”

    On recourse to Doctrine of Necessity, the lawyers said: “There will be no room, however for applying such a doctrine in a situation such as the present case where the Constitution has made it categorical  that without candidates for the Office of Governor and Deputy Governor, there can be no valid nomination.

    “Implied necessity though may be used to fill a lacuna, will not be applied in such a way as to impugn any of the provision of the constitution.

    “By Section 1(1) of the 1999 Constitution, the provisions of the Constitution are supreme and no law, practice or procedure may be applied in breach thereof.”

    They also said the nature of the political crisis in Kogi was never envisaged by 1999 Constitution.

    The advice added:  “The constitution did not capture the scenario in this matter but rather dealt with a situation where a candidate had been declared duly elected.

    “Section 181 (1) of the 1999 Constitution provides as follows: “If a person duly elected as  Governor dies before taking and subscribing the Oath of Allegiance and Oath of Office or is unable for any reason whatsoever to be sworn in, the person elected with him as  Deputy Governor shall be sworn in as Governor and he shall nominate a new Deputy Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State”.

    “With emphasis on the term ‘duly elected’. it does appear that in the situation at hand, nobody was declared duly elected as the election was effectively inchoate. There was no declaration made at the election. The 1999 Constitution is categorical of the term duly elected.”

    On the substitution of governorship candidate, the lawyers said APC cannot forward the name of any candidate to replace Audu as in the case of Yahaya Bello.

    They said: “The political party cannot forward the name of another person  to fill the position for the purpose of completing the process.

    “This is for the reason that the Electoral Act envisages only a situation where the candidate who must be declared elected must have taken part at all stages of the election. this means, both the process of nomination and the election itself.

    “Section 141 of the Electoral Act stipulates as follows: ‘An election tribunal or court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.’

    They insisted that contrary to the position of APC leadership, the governorship ticket does not belong to the party.

    They said the ticket, by the Supreme Court judgment  on CPC Ombugadu(2013) 18NWLR (part 1387)66, belong to the candidates of a party.

    The legal advice said: “It must be noted that the cliché that it is the political party that contests election, which originated from the determination by the Supreme Court in Amaechi v, INEC(2008) 5 NWLR(Part 1080) 227, has been reversed in very certain terms in Supreme Court case of CPC Ombugadu(2013) 18NWLR (part 1387)66.

    They quoted the Supreme court as declaring: …In other words, parties do not contest, win or lose election  directly, they do so by the candidates they sponsored and before a person can be returned as elected by a tribunal or court, that the person must have fully participated in all stages of the election, starting from nomination to the actual voting.”

  • Ekiti murder case: Lawyers disagree on new application

    Ekiti murder case: Lawyers disagree on new application

    •Court to rule on Dec 15

    Hearing in the murder case of ex-Ekiti State National Union of Road Transport Workers (NURTW) Omolafe Aderiye took a dramatic turn yesterday.

    Lawyers could not agree about a fresh application by the prosecution to reopen the case against the accused.

    The defence lawyers opposed the application as the prosecution told the court at the last sitting that it had no more witnesses to call.

    Aderiye was murdered on September 25, last year, at Ijigbo, Ado-Ekiti.

    The accused are Bayo Aderiye (first), Niyi Adedipe (second), Sola Durodola (third), Kayode Ajayi (fourth), Oso Farotimi (fifth), Sola Adenijo (sixth) and Rotimi Olanbiwonnu (seventh).

    Prosecution counsel Ahmed Tafa said the application to reopen the case and call fresh witnesses was premised on six grounds and supported by a 13-paragraph affidavit and a written address.

    Tafa prayed the court to reopen the case, saying the fact of the application was “novel” and should be determined on its own “peculiar circumstance”.

    He claimed that the application was made because the new witnesses to be called were being threatened.

    Counsel to the first, third and fourth accused Chris Omokhafe objected to the application, saying “the court is not a place of sentiment”.

    The attornrey to the second accused, Abiodun Fasakin, said there was no law granting power to the court to reopen a  closed case.

    Fasakin said: “The court is always advised to exercise its discretion judicially and judiciously and never get carried away by sentiment and speculation. We urge the court to refuse the application.”

    Counsel to the fifth and seventh accused Lekan Olatawura drew attention to paragraphs 5, 6 and 7 of his counter-affidavit, noting that there was no reply by the prosecution and the averments were deemed admitted.

    Olatawura said: “It is principally to the effect that either of the fifth and seventh accused tampered with any witness or induced any witness. I urge the court to dismiss the application (of the prosecution).

    Counsel to the sixth accused Adetunji Oso aligned with other defence lawyers, citing the case of Willoughby v IMP Ltd as reported in 1987 1 NWLR pt 48 at pg 105, particularly at pgs 116-127, urging the court to dismiss the application.

    Tafa said the case cited by Oso was a civil matter and did not apply to the case, arguing that in a civil matter the requirement of proof is the preponderance of evidence while in a criminal case, it is proving beyond reasonable doubt.

    Justice Lekan Ogunmoye adjourned till December 15 for ruling.

  • Lalong to lawyers: tackle corruption

    Lalong to lawyers: tackle corruption

    Plateau State Governor Simon Bako Lalong has urged lawyers to contribute to the fight against corruption.

    The governor, who vowed to improve the quality of life of Plateau people through a transparent administration, made the remarks while declaring open the 2015 Nigerian Bar Association (NBA) Law week and Justice Dauda Azaki Memorial Lecture at Crest Hotel, Jos, with the theme: Law, Corruption and National Development.

      The topic was timely, Lalong said, as it keyed into the change mantra anchored on using the instrumentality of the rule of law to check corruption in public and private life.

    “I have said it repeatedly that the Plateau State Government will continue to support every laudable programme that will enhance good governance and by extension catalyse the delivery of the dividends of democracy to our people.

    “You will no doubt agree with me, that as we strengthen the law, and fight corruption with the instrument of the law, our development as a nation is guaranteed. It is in this, that I find a charge for you as ministers in the temple of justice,” he said.

    Lalong added that Justice Azaki lived a life of sacrifice and service to humanity.

    He said: “I am excited by the feeling that, year in – year out, we have used the character of courage, commitment, incorruptibility and the fear of God in the life of this Icon, to encourage the judiciary and legal practitioners to live by their oaths of service and call.

    “I challenge society to evolve a mechanism for acknowledging good works when somebody is alive, as Berton Bralley says, ‘now is the time to slip it to him for he cannot read his tombstone, when he is dead’.

    He continued: “As we celebrate the life and times of this legal titan and jurist, who was courageous and fearless in the dispensation of justice and contributed in no small measure to the growth of the judiciary in Plateau State, I urge all to emulate his virtues of truth, equity and justice which brought dignity to the Bench and Bar.”

    The governor said his administration is committed to enhancing the justice delivery system.

    By some stroke of providence, Lalong declared, the activities of government in the last one month have revolved around justice delivery.

    He said: “We have as a government, not only addressed partly, the issue of infrastructural challenge in the judiciary, but have gone further with the swearing-in of three new High Court Judges, proved our unflinching commitment to improving the lot of the judiciary.

    “Furthermore, we will do all within our means to complete the High Court Complex under construction

    Lalong continued: “As a practitioner in the temple of justice, I am very conversant with the role of the Judiciary in enhancing the practice of democracy.

    “Law as the fulcrum upon which democratic principles and practices are accentuated, requires a functional judiciary that gives interpretation to the law and justly dispenses justice according to the interpretation of that same law.”

    “We, therefore, will support and strengthen the pursuit of justice across the Bar and Bench.”

    He added: “I will not conclude without acknowledging the contributions of the Nigerian Bar Association Jos branch, to the promotion of peaceful coexistence in the state. Since my assumption of office, I have enjoyed tremendous support from the NBA in the state, and wish to place on record our deep appreciation of this partnership.

    “I urge you not to relent in rendering all the necessary cooperation to our government as we work hard to bring development to the citizenry.”

  • Lawyers, courts to blame for chronic debtors

    Lawyers, courts to blame for chronic debtors

    The rising incidence of debtors at deposit money banks has been blamed on the meddlesomeness by lawyers who seek perpetual injunction at the law courts to the detriment of the banks.

    Giving this insight in Lagos at the weekend was Mr. Edwin Idegwu, a banker and risk management expert.

    Idegwu spoke as guest speaker at the Nigeria Credit Industry Awards organised by Institute of Credit Administration (ICA).

    According to him, credit institutions in the country have a responsibility to ensure that credit issues are resolved amicably without recourse to the court of law in order to encourage foreign investors.

    In his paper titled: ‘Credit Management: Our Credit Market, Our Judicial System, Economic Prosperity, Capacity Building and Professionalism,’ Idegwu, who is Coordinator, Remedial Management Group, Afribank Nigeria Plc, said: “The issue of abuse of judicial processes cannot be ignored as this has in so many way encourage chronic debtors because of banks inability to recover loans due to one problem or the other.”

    Expatiating, he said: “It is equally regrettable that our law courts either continue to intentionally or otherwise provide security cover for loans defaulters and encourage the grant of frivolous injunctions to further shield bad debtors from banks.

    “It is in Nigeria that a court will rule that creditors are hereby restrained by themselves, their assignee, agents, servants or privies from arresting, detaining or in any manner infringing on the fundamental rights of the debtors on account of the indebtedness of a company in which the debtor is a sole proprietor and /director. At least, 90 per cent of bad bank debtors hire police/security men to guard their factories, homes, and other sectors.”

    While commending the Economic and Financial Crimes Commission (EFCC) for their commitment in the anti-graft war, he however, impressed on the government on the need to reintroduce commercial courts across the states to expedite cases.

    The commercial courts, he stressed, “Must be made to address business-related cases that harbour a certain sense of urgency and responsibility just as Alternative Dispute Resolution (ADR) can also be explored.”

    Speaking earlier, Prof. Chris Onalo, Registrar and Chief Executive, ICA who gave the opening remarks on behalf Chief Adetunji Oyebanji, the ICA President, said there was need for the apex bank to revisit some of its policies to open up the economy.

    Oyebanji who is Chairman/ Managing Director, Mobil Oil Nig. Plc emphasised that one of the major ways to improve the economy is to strengthen the credit market especially at a time of impending recession, the effect of which is to improve or reduce unemployment market through real sector lending and foster economic expansion particularly through adequate credit support for Small and Medium Enterprises (SMEs) which are globally regarded as the backbone of any economy.

    The highpoint of the occasion was presentation of recognition awards to outstanding chief executives including: Dr. Cosmos Maduka, President/CEO, Coscharis Group, Dr. Richard Nyoung, CEO, Lekki Gardens, Femi Obaleke, Executive Director, Jaiz Bank, Mr. Duru Chibuzor Philip, Managing Director/CEO, Fawaz Investment among others.

  • Why Biafra agitators must be stopped, by lawyers

    Why Biafra agitators must be stopped, by lawyers

    Forty-five years after the civil war, which signalled Biafra’s death, Nigeria is again facing a secession threat. A group, the Indigenous People of Biafra (IPOB) is behind the separatist campaign. In the past one week, it has marched through some Southeast and Southsouth states whipping up the Biafran sentiment. How far can it go? ADEBISI ONANUGA reports.

    Biafra died 45 years ago, following the end of the civil war. But a group, the Indigenous People of Biafra (IPOB), is not giving up on the fanciful dream. In the past one week, it has marched through some Southeast and Southsouth states, whipping up the Biafran sentiment. The group is believed to have taken certain steps toward the actualisation of its dream. A new beer – Hero – with the rising sun as its logo has been launched in the Southeast. The rising sun was the symbol on the Biafran flag.

    • Kanu
    • Kanu

    IPOB is taking off from where the Ralph Uwazuruike-led Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) seems to have stopped. Last week’s protests in Enugu, Asaba (Delta), Owerri (Imo), Aba (Abia) and Port Harcourt (Rivers) were sparked by the arrest of London-based Radio Biafra Director and IPOB promoter Nnamdi Kanu on his arrival in Lagos. His people are demanding his unconditional release.

    Kanu was accused of peddling hate speeches against Nigeria and its leaders.

    To some, the demontrators are wasting time. But others believe they should not be treated with kid gloves.

    Former President Olusegun Obasanjo called it a fake agitation, saying those behind it only want to draw attention to themselves to make money.

    Another former Head of State Gen.  Yakubu Gowon said Biafra died in 1970 after the civil war, adding that those agitating for it now are misguided.

    But political observers see the development in another light. They said there was the need for the government to be cautious, especially now that the fight against Boko Haram, which also declared a Caliphate State, has not yet been won.

     

    Igbo divided

    The renewed agitation for Biafra has split the Igbo. Some believe there is no justification for it.

    A pro-Igbo group, the Igbo Information Network, led by Chuks Ibegu, argued that the agitations may not be unconnected with hidden selfish interests.

    It sees the trend as  an attempt by those who want to capitalise on the past and railroad the region into another “avoidable civil war”.

    Those agitating for Biafra argued that the Southeast and Southsouth have suffered too much marginalisation; that successive government has refused to restructure Nigeria into true federalism; and that there is still oppression  against the people 45 years after the civil war.

     

    The law and secession

    The 1999 Constitution and the Criminal Code view any act of aggression or  any act to levy war on the state as treason.

    According to a lawyer, Onyekachi Wisdom Duru, treason is a capital offence, which is defined by Section 37(1) of the Criminal Code Act as: “Any person who levies war against the state, in order to intimidate or overawe the president or the governor of a state is guilty of treason and is liable to the punishment of death.

    “Any person conspiring with any person, either within or without  Nigeria, to levy war against the state with the intent to cause such leving of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to punishment of death.”

    Section 38 of the Criminal Code states: “Any person who instigates any foreigner to invade Nigeria with an Armed Force is guilty of treason and is liable to the punishment of death.

    The offence of Treasonable Felony is defined by  Section 41 of the Criminal Code as: “Any person who forms an intention to effect any of the following  purposes that is to say: To remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander-in- Chief of the Armed Forces thereof; or to likewise remove during this terms of office the Governor of a state or to levy war against Nigeria in order to put any force or compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other legislative or legislation authority or to instigate any foreigner to make any armed invasion of Nigeria or any of the territories thereof and manifests such intention by an over act is guilty of a felony and is liable to imprisonment for life.”

     

    Lawyers’ reactions

    Constitutional lawyer Felix Fagbohungbe (SAN) described the agitation as unnecessary and diversionary.  He asked Southeast leaders to call youths, who are agitating for a state of Biafra to order.

    “The reason for this is that it is going to divert the attention of the present government and will lead to nowhere.

    “The situation that presented itself for the agitation that led to the civil war, those factors are no longer present in the Nigeria of today. Therefore, it is not a realisable objective or mission,” he said.

    Fagbohungbe argued that charging the agitators with treason would amount to giving unnecessary publicity to their illicit ambition.

    Besides, he said Kanu’s arrest was unnecessary. Fagbohungbe advised strongly that the fresh agitation for Biafra state should be played down.

    He urged the government to suspend Radio Biafra. “It is for the Federal Government to invite all the leaders of the Southeast, including the governors and political leaders, to a meeting to discuss how to stem the agitation. Charging them to court for treason would make them more popular and bring them to the attention  of  the world as if something serious is happening.  It is a storm in a tea cup.

    “It should not be countenanced because it is not a realisable mission. Biafra has long ended.”

    A Lagos-based lawyer and lecturer at the University of Lagos, Wahab Shittu, believes the agitation for Biafra is not justified.

    “There is no justification for it in the sense that there is no indication that the Igbo section of Nigeria is marginalised. They are not. If the Igbo are complaining, all others should be complaining too. But we have a government in place that is sensitive and trying to repair the rot perpetuated by previous administration.

    “So, this is not the time to castigate this government. This is the time that we should all support the government to correct the wrongs of the past years,” Shittu said.

    He said the crisis engendered by the agitation should not be treated with kid’s gloves, stressing that it should be seen as a very serious matter.

    This, he said, is because violence in other parts of the world usually starts with little skirmishes.

    “So, it is important for the government to treat it with the highest priority and attention,” he said.

    To him, it is high time the government began to engage opinion and political leaders and interest groups in a systematic and sustained dialogue to identify whether the project emanates from the genuine aspiration of the people or is largely sponsored by certain elements to destabilise the polity.

    “It may have been sponsored by people who are bent on sabotaging this government. So government must move very swiftly and to nip the crisis in the bud before it escalates.

    “It is important for government to identify these saboteurs and then examines the relevant legislation and see whether they can be prosecuted within the frame work of our laws.”

     

  • Lawyers want FG to strengthen family, Juvenile courts

    Lawyers want FG to strengthen family, Juvenile courts

    Some lawyers in the Federal Capital Territory on Monday appealed to the government to strengthen Family or juvenile Courts to take care of child’s right.

    They told the News Agency of Nigeria (NAN) that strengthening of the courts would help to preserve the Child Rights Act.

    An Abuja-based lawyer, Mrs. Chinelo Eruchalu, expressed concern over the maltreatment most children go through, particularly the house helps and children from less privileged homes.

    Eruchalu said that those who subject children to such miserable experiences seem to go undetected and without punishment, notwithstanding the establishment of the family courts.

    “The establishment of the family court is to protect the right of the child and to ensure that children get parental care, protection and maintenance.

    “The inability of most families to guarantee the protection and maintenance of the child has led to the countless challenges the country faces today.

    “When the family court becomes effective through proper usage, any breach of the fundamental rights of the child will be challenged in the family court,’’ Eruchalu said.

    She, therefore, called on the authorities to be more proactive in this direction and “to do all that is necessary to ensure that the family court is functional’’.

    She also regretted the inability of some states to domesticate the law even though it was passed in 2003 by the National Assembly.

    Eruchalu reasoned that since children were the future of the society and in fact the most vulnerable of the society, they deserve special protection.

    She expressed the hope that the family court would fill this noticeable gap in the justice administration.

    Ms Christie Nwaka, another family lawyer, believed that the growth of the family courts had not been as encouraging as one would ordinarily expect.

    “The Child’s right Act guarantees free compulsory universal primary education of the child that is from zero-year to age 18 as the case may be.

    “More importantly it seeks to discourage or abolish child marriage, an issue that has become divisive and impedes the domestication of the Act in some states.

    “Children are said to be the future leaders of tomorrow, so the kind of children we have today determines the quality of the leaders we shall have tomorrow,’’ Nwaka said.

    Nwaka called on the government at all levels to redouble their efforts toward the speedy establishment of the family court.

    “It is not enough to designate some courts as family courts, but they have to be made functional and effective through sensitisation of the populace,’’ Nwaka opined.

    The other family lawyers agreed that it was not right for a child to stand trial in conventional court where adults were tried because it prematurely exposes the child.

    “In a family court, the child is delicately handled, and much patience is brought to bear in the proceedings.

    “The fear of sanction is the beginning of wisdom, so the rights of a child can only be protected when punishment is imposed for any breach of such right,’’ they said.

  • Our expectations of Buhari’s cabinet, by lawyers

    Our expectations of Buhari’s cabinet, by lawyers

    Tomorrow, President Muhammadu Buhari will form his cabinet, with the inauguration of ministers. How will the cabinet fare? Will it stop impunity; boost rule of law; address infrastructure and security challenges?  Lawyers tell PRECIOUS IGBONWELUNDU what they would like to see the cabinet do.  

    IN the last elections, Nigerians voted for change, the slogan on which the All Progressives Congress (APC) rode to power.

    Tomorrow, President Muhammadu Buhari is expected to form his cabinet, with the inauguration of ministers, who have their jobs cut out for them. The ministers are coming at a time the economy is in dire straits, amid falling oil prices.

    Twenty-seven of the 36 states, President Buhari said in New Delhi, India, a few days ago, got bailout to pay workers.

    During the campaigns, the APC promised to tackle unemployment, insecurity, poverty, corruption and impunity.

    To the opposition, the President has within three months wrecked the economy. The government denied the claim.

    Acording to the Presidency, the harm done to the economy in 16 years of Peoples’ Democratic Party (PDP) rule cannot be quantified.

    But coming at a time of slump in global oil prices from $105 to $45 per barrel, how can the Buhari administration tackle the country’s challenges?

     

    The challenges

     

    The President has painted a gloomy picture of the economy, even hinting that due to present realities, some of the ministers may not have portfolios. There is a likelihood that the existing ministries may be pruned.

    In addition to the economic downturn, the nation has been ravaged by insecurity, especially terrorism in the Northeast.

    Infrastructure such as electricity, roads and rail networks are comatose, frustrating the development of local businesses.

    Over 112 million Nigerians are said to live in abject poverty (62.6 percent); 31 percent of the nation’s population are unemployed with an increase rate of 8.2 percent; while the economy is hobbled by low foreign reserves ($29.6billion), as well as low agricultural output and absence of manufacturing industries.

    Endemic corruption, impunity, lawlessness, weak institutions, delay in justice administration, multiple taxation as well as unfair trade practices are some of the challenges the new cabinet are expected to tackle.

    They must restore investors’ confidence considering the country’s rating by the World Bank as one of the fastest growing economies.

    While putting the population of the poor at 110 million, Vice-President Yemi Osinbajo (SAN) last week said most Nigerians had remained poor despite rising revenues and Gross Domestic Product (GDP) growth because the nation’s main revenue earners, the extractive oil and gas, did not   create many jobs.

    He attributed the situation to the irony of a top-down economic model where the major revenue earner was extractive but the value chain was poorly developed.

     

    Delivering change

     

    Prof. Osinbajo at a retreat for ministers-designate held last Thursday stated that the nation could get out of possible recession by embarking on massive infrastructure building/renewal programme; social spending/social protection; improved consumer spending; job creation, and expansionist fiscal/monetary policies.

    He further hinted that the government was working on a N7 trillion to N8 trillion budget for next year, with proposed capital expenditure pegged at N2trillion, against the N1.31trillion capital expenditure in this year’s N4.4trillion budget.

    He stated that all expenses must be justified for each new budget year.

    Lawyers believe good policy directives as well as public enlightenment on decisions taken by government and why such decisions were taken should be taken seriously.

    Some said introduction of practices such as the Treasury Single Account (TSA) as well as the no nonsense stance of the current administration were indications that the government was willing to deliver on its promises.

    A  Senior Advocate of Nigeria (SAN), Norrison Quakers, noted that the recovery of the economy which has been battered over the years through direct stealing and siphoning cannot be done in four years.

    “The government has started well by identifying reasons for the economic downturn. The introduction of the TSA is simply brilliant.

    “The prosecution of politically exposed persons; strengthening of enforcement and prosecuting agencies of government and institutions; the diversification of the economy from oil to other sources; the diplomatic source for Foreign Direct Investment (FDI); the refusal to devalue the Naira; transparency in government earnings and revenue; appointment of technocrats with track record in public service and the austere and spartan leadership that the current government projects are indicators of the seriousness of the government to deliver on its campaign promises.

    “I believe if the economic developmental agenda of this government are implemented to the letter, within the current political atmosphere defined by the persona of the President, after four years, visible progress would then be seen to have been made.

    “It is imperative for the government to embark on public enlightenment and awareness of its policies and programmes,  so that the citizenry will be in a position to determine whether the government has failed or has succeeded in pulling the country from the doldrums of economic, social and political quagmire that has existed before its emergence.”

    To former Nigerian Bar Association (NBA) Chairman, Ikeja Branch,  Monday Ubani, the cabinet should look into the Central Bank of Nigeria’s policy on foreign exchange with a view to removing bottlenecks.

    He said the president should assemble a crack economic team in order to fashion the right economic direction and set out workable parameters to address the myriad of problems.

    “The president needs to assemble a crack economic team within the cabinet that will define the right economic direction of this government and set out workable economic parameters that will immediately address the myriads of economic problems confronting the Nigerian citizens.

    “The economic architecture must create a framework for short, medium and long term results. Nigerians are brutalised economically and so may not be too patient with this government over the improvement of their economic lives.

    “I used the word “too patient” advisedly. Quick palliatives must be created that will cushion the effects of long harsh economic conditions of the citizens. That must be done quickly.

    “The fight against corruption must be whole, structured and institutionalised. The bane of the country is corruption; it has retarded our growth and development. It needs to be tackled headlong and wholistically.

    “One was impressed with this government when it appointed an Anti Corruption Committee headed by Professor Itsey Sagay which I believe will be empowered to formulate short, medium and long term policies to tackle corruption from now onwards.

    “They must also start orientation of our young ones in nursery and primary schools on virtues of hardwork, honesty, transparency and commitment to national ideals and morals. In that way, it will go a long way in breeding new Nigerians that will hate and detest corruption both in private and public lives.

    “For now we need a very honest, committed, independent and patriotic judiciary that will handle corruption cases  with despatch. Corruption cases should not be handled carelessly and without end in sight.

    “The fight against corruption will be won the day we have a judiciary and security agencies that want corruption to be nipped in the bud in Nigeria. Let the philosophy that ‘we want an end to corruption’ be imbibed by all the members of the security agencies and the judiciary and we will witness a drastic reduction if not an end to corruption in Nigeria.

    “A virile judiciary, competent  security agencies and a political will on the part of the executive will end impunity and enthrone the rule of law in Nigeria. That is the truth,”

    On infrastructural development, Ubani said the current government must get to work immediately by addressing the appalling level of decay in infrastructure.

    He said all unpassable federal roads especially in the eastern region, which are worst hit, should be repaired immediately.

    “The moment federal presence is felt in the regions, the agitation for self determination will ebb drastically. Apart from repairs of roads, new road constructions and expansions should be initiated.

    “For the 16 years of democracy we have not heard or seen any new road constructions and expansions. All the roads that the Federal Government is finding difficulty in repairing were constructed during the military era, this is very shameful.

    “To be specific, Lagos Ibadan expressway should be addressed, the Apapa Oshodi way in Lagos should be expanded, the Ikot Ekpene/Ikwuano Road, Aba/Port Harcourt Road, Owerri/Port Harcourt, Enugu/ Umuahia Road, Onitsha/Owerri Road and all the federal bad roads in the East, West, South South, North East, North West and North Central states should be repaired and expanded immediately.

    “The security situation is frightening. Apart from Boko Haram insurgents, the rate of armed robbery incidents, kidnappings, rape and other nefarious crimes are increasing by the day.

    “Government should in addition to equipping the security agencies with efficient instruments and better conditions of service provide employment or create conducive economic environment for businesses to thrive, thereby reducing the idle hands that are easily recruitable to commit crimes.

    “We must adopt a wholistic strategy to reduce crime and crimality in the polity. Efforts of sociologists, philosophers, security experts, anti crime strategists and legal personnels should be pulled together to find lasting solutions to the problem of security in Nigeria.”

    Ubani said the cabinet should tackle the legal issues that impede on the ability of states and individuals to generate and supply power to those who need it.

    “It will be disastrous for this government if they fail to find a permanent solution to the perennial darkness in the land. Nigerians need stable and regular power supply daily, it is feasible. This cabinet must address this issue of power quickly.

    “Finally the present CBN regime on forex is stifling businesses. The new cabinet should look into the directives of the CBN on importations and foreign exchange and remove unnecessary bottlenecks and ease business transactions both domestically and internationally. “We wish this government success in solving the basic problems of the citizens. Now that we have change, let the change in our lives begin in earnest,” he said.

    •Ofuokwu
    •Ofuokwu

    For a constitutional lawyer, Mr Ike Ofuokwu, there is hope with the new cabinet, as it comprises tested and tried hands.

    “If the truth must be told, this is the first time in this democratic dispensation that we are having a Federal cabinet devoid of political and party considerations but rather predominantly founded on performance records and characters of the individuals.

    “Never mind all the criticisms from those who for 16 years gave us a predominantly recycled and tired characters whose only record of public service is primitive accumulation of our common wealth and who left behind an indebted and near bankrupt nation.

    “We expect among other things that the new Exco follows the footstep of President Muhammadu Buhari in running this nation with a zero tolerance for corruption, in putting this nation back on the path of economic revival and restoration where impunity will be consigned to history and the rule of law will be supreme.

    “They should immediately hit the ground running  by putting all basic infrastructure such as roads, power, health, etc in place. They should guarantee the security of life and property and put an end to all forms of insurgency and criminality in whatever guise.

    “Considering the dwindling price of oil in the international market, they should think out of the box and stop relying on Federal allocation for all and everything. They should all agree to reduce their over bloated security apparatus to avoid sending messages of insecurity to our would-be investors  and they must reduce drastically the size of their aides as it is obvious the economy can no longer cater for political parasites.

    “They should all put things in place here in Nigeria and desist from all forms of medical tourism.

    “Finally this new cabinet should say no to all forms of political razzmatazz by drastically reducing their convoys and stop harassing other road users. I believe that an era of accountability has come to stay. Hence we should think beyond ourselves, for the future generation of Nigerians.”

    •Ozoobia
                                    •Ozoobia

    A former Commonwealth Lawyers’ Association (CLA) president, Mrs. Boma Ozobia, wants to see improvements in justice administration.

    “That necessarily implies justice for all, not just those who can pay for good legal representation. Our prisons and police cells are clogged with innocent citizens of this country. The criminal justice system needs a total overhaul to deal with this shameful state of affairs.”

    She added: “Also, we must revisit the issue of community policing as an essential element of criminal justice reform. Sadly, this has been unduly politicised but we cannot shy away from it. As the saying goes, you cannot make an omelette without breaking eggs. Finally, in reforming the system, I would hope that the focus would be on restorative justice where possible.”

    •Adekoya
    •Adekoya

    A former Nigerian Bar Association (NBA) First Vice-President, Mrs. Funke Adekoya (SAN), said she expects a change of focus from the new administration.

    “There is no point complaining if nothing happens. The Public Complaints Commission should be strengthened through effective leadership and its powers as a dispute resolver enhanced so that it can effectively provide an outlet to the many complaints about abuse of power, high handedness and sexual harassment resonating within the public service.

    “Allegations of corruption need to be speedily and impartially investigated, and where a case is made, it needs to be speedily prosecuted. In-house capacity building in the Federal Ministry of Justice, the EFCC and all other prosecuting arms should be a major focus,’’ she said.

    A former NBA General Secretary Deacon Dele Adesina (SAN) believes a new Nigeria is possible.

    “With regards to justice sector, there is a lot to be done both in our civil and criminal justice systems. Delay is still rampant. Congestion is still noticeable. The judiciary must undergo a fundamental constitutional reform to address part of the challenges facing it. The truth is that most of the problems are inherently systemic. Nigeria must practise true federalism in the judiciary. For instance, the states must have their own Courts of Appeal and Supreme Court,” Adesina said.

    A former Lagos Attorney-General Olasupo Shasore (SAN), said he expects a focus on the constitutional, legislative and human obstacles to beneficial justice sector performance.

    “To devolve prosecution, law enforcement and prison authority to concurrent jurisdiction with states in order to tackle awaiting trial and public confidence; for the first time to articulate a National Justice (including judicial) sector policy document; to remove the constitutional inordinate right of appeal; appoint quality appellate judges from the bar; regulate law reporting; introduce investigative/arrest powers to the office public prosecution,” he said.

    Chief Emeka Ngige (SAN) expects the replication of Lagos Model with modifications in the country’s justice administration.

    “I expect a comprehensive reorgani-sation of the anti-corruption agencies to ensure that their mandates are realised; strengthening of  the National Human Rights Commission (NHRC) by giving it adequate funding and manpower  to execute its functions; reorganising Legal Aid Council to ensure that its objectives are fully realised; comprehensive reform of many of our laws to bring them up to date and plug the various lacunae in the amendment of some provisions in the 1999 Constitution to reflect the yearnings  and aspirations of Nigerian people; collaborating with the Independent National Electoral Commission (INEC) in comprehensively  reforming the provisions of the Electoral Act, 2010 to ensure that free and fair elections are conducted and that the mechanism for redress is fair and just to the litigants; finding solutions to the nagging issue of unemployment among junior lawyers, resolving the issue of welfare package for our judicial officers and state Counsel at federal level and resolving the huge debt portfolio of Federal Ministry of Justice,” Ngige added.

     

  • Lawyers: Prosecute building laws violators

    Lawyers: Prosecute building laws violators

    Building collapse is a recurring problem. Experts finger absence of strict enforcement of building codes, corruption and the low rate of prosecution of offenders as some of the causes. How can it be reduced? What sort of compensation do victims deserve? Whose duty is it to prosecute owners of collapsed buildings or culpable engineers? Lawyers believe the problem will remain until those who violate building laws are prosecuted. JOSEPH JIBUEZE sought their views.

    Last Wednesday, a three-storey building on Swamp Street, Odunfa, Lagos Island, collapsed. Many were trapped. An octogenarian, Mrs. Mistura Amodu, died in hospital hours after being rescued from the rubbles. This is just one of many incidences of building collapse across the country.

    The General Manager, Lagos State Building Control Agency, Sola Adeigbe, said the building was marked for non-destructive integrity test to ascertain its structural stability before it caved in.

    “Once a building has been detected to have a defect, we ask building owners to take the test before further actions are taken. We gave an ultimatum for the test which had expired before the collapse; they responded by saying they will do the test. But, unfortunately, the incident occurred.

    “The law is explanatory enough; if only our people will comply; it is like a suicide mission when people occupy a distressed building. The agency has sealed about 1,104 buildings from June till date across the state due to defective or illegal construction,” Adeigbe said.

    According to a building expert, Walter Emiedafe, between 1974 and 2010, 401 lives were reportedly lost from over 60 collapsed buildings in Nigeria. Several more lives were lost but have not yet been accounted for nor reported.

    Privately-owned buildings – commercial or residential – accounted for the highest number of collapsed buildings. A study revealed that more than 70 per cent of the reported cases of building collapse in Nigeria stemmed from the informal sector.

    Analysts say the building construction process demands careful supervision, monitoring and valuation to ensure that the requirements and specifications for quality assurance are strictly adhered to.

    But Nigeria, it appears, has become one of the countries with a high incidence of building collapse. Nearly every month, there are gory tales of building collapse with the attendant loss of lives, property and investments. Many are injured or maimed for life.

    Major cities like Lagos, Ibadan, Kano, Kaduna, Onitsha, Enugu, Port Harcourt, Calabar, Abuja, and others have had their share of building collapse over the years.

    Observers have criticised the inability of the authorities to put an end to the menace. Recently, the Abu Naima Primary and Secondary School building in Jos, Plateau State collapsed killing 10 children.

    In the same week, seven people escaped death in Yaba, Lagos when a four-storey building under construction collapsed on them.

    Similarly, two buildings under construction in Lekki and Surulere, Lagos State, collapsed.

     

    Why buildings collapse

     

    Non-compliance with laws on building construction and maintenance account for some of the collapses. A tribunal of inquiry set up by Lagos State in 2013 identified weak implementation, as well as deliberate flouting of regulations and gross corruption across board as factors hindering the effectiveness of construction and building laws.

    Buildings collapse due to several factors, such as use of low quality materials, use of incompetent craftsmen leading to poor workmanship, weak supervision, poor building design and planning, natural disaster, non-compatible soil type, non-compliance with specifications/standards by developers/contractors, incompetent contractors, lack of enforcement of building codes by the relevant town planning officials and poor monitoring, among others

    Other factors are poor maintenance culture, faulty construction methodology, poor town planning approval/development monitoring process, non-enforcement of existing laws, bribery and corruption and structural defects.

    Last year, Lagos State sealed 1,939 structures which flouted building laws. Some of the violations included buildings without approvals, use of substandard materials and altering approved building designs.

    The sealed buildings were among 7,281 served notices for contravening the relevant building laws.

    The state said violation of physical planning laws was a major cause of building collapse.

    Some experts as well as anti-corruption crusaders have insisted that buildings would continue to collapse as long as builders continue to use the 32.5-grade cement.

    Standards Organisation of Nigeria (SON) Director-General Dr. Joseph Odumodu, in a memorandum, urged the House of Representatives to investigate the composition and pigmentation of cement in the country.

    He said: “At the moment, two cement types are prevalent in the Nigerian market: 32.5-grade and 42.5-grade, with the former, constituting about 50 per cent of the cement produced in Nigeria. Two years back, it accounted for over 85 per cent.

    “The 32.5-grade is suitable for plastering, block-making and light concrete activities, while 42.5-grade and above are for more solid structures and heavy concretes. Using 32.5-grade type of cement for works that require 42.5 type of cement would amount to inappropriate application.”

     

    Legal requirements circumvented

     

    According to observers, legal requirements for building a house are hardly observed. In Lagos, for instance, before a house is built, certain necessary licences and permits have to be obtained, as well as completing required notifications and inspections.

    The first stage is obtaining soil investigation report to ensure the stability of the foundation. The law says three-storey (or more) residential or office buildings would need such a report. It is also needed for a commercial warehouse.

    Another requirement is to obtain an Environmental Technical Analysis Report, which is needed to check whether the project is viable and the impact it will have on the immediate environment.

    After obtaining a certified true copy (CTC) of the survey plan and CTC of the land ownership title from the Land Registry, a development permit from the Lagos State Physical Planning Authority (LASPPA) is required. This authorises construction.

    Legally, a pre-approval inspection is required to verify that the land is where the owner has stated it is and to verify that construction has not already started.

    For construction involving a structure of more than two floors, the developer or owner must submit a general contractors all-risk insurance policy certificate to the Building Control Agency along with the application to begin work.

    A builder is also required to obtain certificates of structural stability from the Lagos State Material Testing Laboratory.

    The law also requires the Fire Service department to inspect the building and issue a report. A certificate of completion and fitness for habitation is also required from the Lagos State Building Control Agency.

    In 2013, a Lagos tribunal on building collapse said laws regulating the building industry were adequate, but were rendered ineffective by non-adherence and crass indiscipline, among others.

     

    How to prevent collapses

     

    Observers say there are many regulatory authorities in the manufacturing, importation, environment and property sectors whose duties are to regulate the property and allied sectors – from manufacturing/importation of building materials, supply, storage, citing and construction, up to the finishing stage.

    What is lacking, they said, is the commitment of regulatory authorities to their duties. According to them, there is an urgent need for stricter enforcement and complete overhaul of the  building industry.

    Town planning officials, experts say, must desist from issuing building permits to non-professionals, thereby making the construction industry an all-comers affair; as well as giving dubious approvals to sub-standard buildings.

    Regulators must also ensure that buildings are not illegally raised on the same foundation. Also, buildings found to be structurally defective and marked for demolition should not be occupied by persons.

     

    The Synagogue case

     

    The Federal High Court in Lagos is set to hear a suit seeking to stop Governor Akinwunmi Ambode from enforcing a coroner’s ruling indicting the Synagogue Church of All Nations (SCOAN) in the collapse of its guest house.

    The governor had pledged to enforce the verdict. He vowed to seek justice for the victims, no matter the circumstances.

    He has ordered law enforcement agencies to immediately arrest the indicted persons and enforce the verdict.

    But the engineers – Oladele Ogundeji and Akinbela Fatiregun – filed two suits against the Lagos Commissioner of Police, COREN, the state Attorney-General and the District Coroner, Mr. Oyetade Komolafe, a magistrate.

    They are challenging the July 8 verdict on the death of 116 persons in the building crash.

    Ogundeji and Fatiregun were accused of criminal negligence in the building’s construction. The coroner recommended them for criminal prosecution.

    Among others, they want the court to perpetually restrain the Attorney-General or any officer under his authority from initiating or commencing criminal proceedings against them on the basis of the coroner’s findings and recommendations.

    Justice Buba has adjourned the case to November 2 for ruling on pending applications.

     

    Prosecute offenders

     

    Experts say building collapses will remain a problem until those who violate building laws are prosecuted.

    Worried at the unending spate of building collapse in the country, the Council for the Regulation of Engineering in Nigeria (COREN) proposed the death penalty for owners of such faulty properties.

    It made the recommendation at a three-day public hearing organised by the House of Representatives’ Ad-Hoc Committee on the “composition and pigmentation of cement.”

    A former Chairman, Nigerian Institute of Architects, Mrs Abimbola Ajayi, said: “Although there is provision for summary trial of violators and offenders in the law, there is no record of persons prosecuted or sanctioned for incidence of building collapse by the Ministry of Justice, the Nigeria Police and other law organs because of political, cultural, administrative and other interventions.”

    Lawyers said the government should ensure that corrupt building regulation officials found to be culpable in any building collapse should be prosecuted and made to serve long jail terms to serve as deterrent to others.

    Besides, they said a policy should be put in place to ensure that professionals connected with collapsed building should not only have their licences withdrawn, they should be made to face the full weight of the law.

    A constitutional lawyer, Mr Ike Ofuokwu, said victims of collapsed buildings deserve compensation.

    His words: “There is absolutely no doubt that the government at all levels has totally failed in its regulatory and supervisory roles when buildings are being erected or renovated.

    “They are more concerned and interested in collecting monies for physical planning approval and sundry levies without adequate supervision of the building project.

    “The officials who ought to exercise supervisory functions are busy seeking gratification from the builders and once this is gotten, they turn the other way.

    “In addition, if nothing is done to regulate the business of building and diligently prosecute offenders as well as revoke the ownership of the property in issue, then we should expect more of this national shame and embarrassment.

    “The parliament should come in here and enact laws that will compel owners and / or developers of the offending properties, in conjunction with the regulatory agency if found to have connived with the builders or failed in its duty, to pay adequate compensation to victims and their dependents.

    “Engineers who supervised or appended their signatures to such buildings should be made to appear before the disciplinary committee of their professional body.

    “If found guilty they be made to face very stiff sanctions and have their certificates withdrawn where necessary.”

    Lawyers said officials must not only ensure that occupants of buildings marked for demolition are evacuated, such persons should be prosecuted.

    A lawyer, Mrs Judith Musa, said importers and manufacturers of sub-standard building materials as well as contractors and landlords found to be culpable in any incident of building collapse should be severely punished according to the law.

    Lagos lawyer Jonathan Iyieke said it falls within the powers of the Attorney-General to prosecute all crimes, including negligence in building collapse and corruption associated with it.

    According to him, building collapse resulting in death due to criminal negligence may amount to homicide and is therefore a serious crime.

    “It’s not in doubt that the prosecution of offences of serious nature as homicide or culpable homicide falls within the powers of Attorney General of the state or of the federation as the case maybe.

    “Where death occurs due to negligence of a professional advice, the body responsible for granting licence for that profession should be sued together with the negligent professional for damages and punitive compensation.

    “Although, there is no amount of damages that can  pay for lives lost in a building collapse, effective prosecution of culprits will serve as a deterrent to the multiplying culprits in our society,” Iyieke said.

     

     

  • ‘Lawyers can reduce govt’s financial burden’

    ‘Lawyers can reduce govt’s financial burden’

    States can get more judicial decisions in their favour, thereby reducing the financial cost of litigation if certain measures are put in place, says Mr. Adeniji Kazeem, Lagos State’s new Attorney-General and Commissioner for Justice.

    Kazeem, who was speaking at the maiden management meeting of the Lagos State Ministry of Justice, charged law officers to be proactive, innovative and imbibe the use of technology in communicating with other Ministries, Departments and Agencies (MDAs) in order to perform more effectively.

    “If lawyers are given all necessary information to keep them abreast of the facts of cases as well as necessary documents to assist them, there is the possibility of having more judgments delivered or given in favour of the state, thereby reducing the financial burden on the state government,” Kazeem said.

    He noted that since the Justice Ministry renders legal and advisory services to other MDAs, it must at all times ensure prompt responses to state matters and urged law officers in other MDAs to liaise with his ministry and to respond to requests on state matters promptly.

    The AG also charged law officers to be up to date, adopt international best practices, follow the trends in advanced countries and brace up for the new challenges ahead, “especially since the legal profession is also advancing.”

    Kazeem added that since Lagos State is the most prosperous state in Nigeria, its justice sector must always lead in justice delivery.

    He then informed the management that all hands must be on deck to make the state excel and promised to give them all necessary support needed to achieve the desired goals of the state.

    Replying,   the Solicitor-General and Permanent Secretary, Ministry of Justice, Mrs. Funlola Odunlami, said she was happy to have an experienced and seasoned legal practitioner as Attorney-General of Lagos State. She added that the Ministry is blessed with seasoned professional and pledged the total support of its entire staff to the AG.