As the Lagos Branch of the Nigerian Bar Association (NBA) prepares to elect new officers to run its affairs for the next two years on Thursday, lawyer interested in succeeding the Alex Muoka-led executive have been engaging in last minute campaigns.
Many of them have indicated interest to contest for different offices in the “Premier Branch” barring any last minute change of events.
The Ayodele Akintunde-led electoral committee will conduct the election.
The offices of the branch secretary and Treasurer seem to be the most hotly contested as most of the other officers are retuned unopposed or have no contestants for them.
Mr. Martins Ogunleye is the candidate to beat for the office of branch chairman while messers Stephen Obajaja, Tochukwu Chukwmerije and Bode Omoboriowo are contesting for the office of Secretary.
Mr. Philip Njetene and Mrs. Joy Nzube are locking horns for the office of the branch Treasurer.
Obajaja holds a Bachelor of Laws and a Master of Laws Degree from the Universities of Benin and Lagos respectively. He was called to the Nigerian bar in the year 2003.
He was with Kalaro & Kalaro between September 2003 and May 2004 from where he joined the firm of Mbanugo Udenze & Co. where he was from May 2004 to August 2005 before branching out with three of his colleagues to start the law firm of Conquest: Cradle Du Codes where he was pioneer managing partner from August, 2005 to August, 2006.
Chukwumerije is currently the First Assistant Secretary NBA Lagos. He is also a nephew of late Senator Uche Chukwumerije. He sought the support of the Branch members for his candidacy for the office of the 1st Assistant Secretary. He is most grateful to members because he did not get the support, but he won the election. Over the last two years, he believes that he has discharged his duties as the 1st Assistant Secretary, and also the duties of the office of Branch Secretary satisfactorily for five months ( March-July 2014),after the passing on of the former Branch Secretary, Mr Babatola Apata, before the election of the new Branch Secretary.
He was called to the Bar in 2004. Following the compulsory youth service programme, he has been in uninterrupted private legal practice since his call date. He worked for the noble law firm of Chris Uche & Co (SAN) in Abuja, 2005 as well as the law firm of Mike Igbokwe (SAN) amongst others. He established a corporate / commercial and litigation practice firm under the name Bulwark Attorneys Law Firm.
He has been an active Bar Man and has served in several positions such as First Assistant Secretary NBA Lagos, 2013 – 2015; member Human Right Committee of the Branch 2009 – 2011; Secretary, NBA Lagos Branch Human Right Sub-Committee on prisons and welfare 2009-2011; Nigerian Bar Association Accredited Domestic Observer for 2011 General Election; member NBA Lagos Branch 2010 Law summit Committee, among others.
Omoboriowo attended S. S. Peter and Paul, Ilemo, Ile- Ife 1979-1986.
He attended Oduduwa College Ile –Ife 1986-1991, he was admitted to read law at the Obafemi Awolowo University, Ile-Ife from 1995 -2001 and was called to the Nigerian Bar in 2003, Bode completed his Master of Lwas (LL.M) degree in 2010. H e is currently a part time tutor and has attended a number of conferences. He has served a Assistant Social Secretary and First Assistant Secretary of NBA Lagos from 2007-2009 and 2009 -2011 respectively.
Bode is into active private legal practice and is a committed member of the NBA Lagos branch. Bode has encouraged adequate dissemination of information via modern technologies, he has made meaningful contributions at both general meetings and Annual General meetings of the branch. He organised NBA Lagos law week in 2009, he is happily married with children.
In his 10 cardinal intendments for the branch if elected as the branch Secretary, Bode promised to bridge the gap between the young and senior members of the branch, to keep the secretariat and robbing- room more functional for all members. He also promised to operate with quick and most reliable information methodologies in loin with international best practices for the premier Bar. To ensure proper and timeous and most efficient distribution of conference materials to all members
Bode promised to ensure proper and timeous circulation of minutes at the monthly general meetings among others.
Lawyers have urged the government to harmonise extant laws on business and investments for sustained economic growth.
Rising from the three-day annual conference of the Nigerian Bar Association’s (NBA) Section on Business Law’s (SBL), the lawyers who converged on Eko Hotel in Victoria Island, Lagos, noted that sustaining meaningful development would be difficult unless the government put in place enabling policies to attract high quality investments.
Speakers at the event which drew legal practitioners as well as industralists from within and outside the country, blamed the various regulatory bodies and institutions for Nigeria’s economic woes.
To them, a country where regulators are inconsistent, heavy handed, unfair and under capacitated cannot attract high quality internal or foreign investment or sustain meaningful growth.
In his welcome address, Ighodalo said the theme Regulators as catalysts for economic growth was chosen to emphasise the critical role of regulation in attracting good investments.
He said: “We suggest that working with the National Assembly, the executive arm of government should review and harmonise all of our investment and business laws. Government should start with the NIPC Act and the Immigration Act.
“Thereafter, there should be systematic review of all other investment laws to support the development of an appropriate enabling environment which will create a strong and stable platform for effective diversification of our economy.”
“The dynamics of the international economic order make it imperative that we, as a country, extensively diversify our economy. The effective diversification of our economy can only be achieved in an appropriate environment.
“We strongly believe that even handed, fair, growth-focused, and well capacitated regulators are critical success factors for the creation of an enabling economic environment.
“The executive must capacitate, support and assure appropriate funding for our regulators. Square pegs must be put in square holes. Our market operators and practitioners must be honest, responsible, hardworking, supportive and alert.
“We must pay careful attention to what is going on at the National Assembly. Our judges must do their work in such a way that our people, the international business community and all stakeholders trust our dispute resolution processes.
“Working well together, we must all strive to assure a composite regulatory environment geared towards supporting our transformation into a first world economy.”
According to Ighodalo, a country where regulators are inconsistent, heavy handed, unfair, and under capacitated cannot attract high quality internal or foreign investment or sustain meaningful growth.
“The Financial Reporting Council of Nigeria (FRC) recently released a draft National Code of Corporate Governance. Also known as the Draft Code, the National Code of Corporate Governance seeks to regulate corporate governance in the private and public sectors.
“The draft code conflicts with some existing regulations such as the Companies and Allied Matters Act (CAMA), which is the primary legislation for companies in Nigeria.
“It clearly conflicts with the codes of corporate governance issued by other regulators such as the codes issued by the Securities and Exchange Commission (SEC), the Central Bank of Nigeria (CBN), NAICOM and the Nigerian Stock Exchange (NSE).
“Upon a careful read of the FRC draft code, it is clear that scant attention was paid to harmonising this code with existing codes and complying with the provisions of our companies’ law.
“That up to five different regulators have the mandate to issue regulations on broadly the same subject is itself, a cause for concern as such overlap sets the system up for failure.
“Such overlap requires deeper collaboration among regulators and the failure to collaborate inevitably leads to the sort of regulation which creates confusion and inconsistency,” said Ighodalo.
In his keynote address, Spio-Garbrah emphasised the need for a close government and private sector working relationship to drive the desired change.
He said it will require the incoming executive to work very hard, in close partnership with the private sector, legal, legislative, regulatory and judicial systems, in order to create the conducive environment that would improve the ease of doing business in Nigeria.
While stressing the need for Nigeria to priortise its power sector in order to drive other sectors of the economy and attract meaningful growth, the Spio-Garbrah advised the reform of the human capital as well as review of existing laws to allow for free trade.
Giving practical examples with Ghana’s economic growth, the Minister said there was need for liberalisation/deregulation.
At the event were the Vice President, Prof. Yemi Osinbajo (SAN); former Interim President, Ernest Shonekan; Ghana’s Trade Minister, Dr. Ekwow Spio-Garbrah, and the Chief executive officer (CEO), Ghana Investment Promotion Centre (GIPC) Mawuena Trebarh; NBA President, Augustine Alegeh (SAN) Chairman, NBA-SBL, Asue Ighodalo and Court of Appeal Judge, Justice Amina Augie.
Others include Registrar General, Corporate Affairs Commission (CAC), Bello Mahmud; CEO Nigerian Shippers Council, Hassan Bello; former CEO, Federal Inland Revenue Service (FIRS), Ifueko Okauru; Dele Adesina (SAN) and Femi Falana (SAN).
A lawyer, Tunde Olofintila, identifies other employment opportunities for lawyers outside the courtroom
When lawyers gather, be it in the hallowed bowels of the court and tribunal halls where they slug it out to resolve the mystery of legal cases or at workshops, seminars or learned conferences where they dig deep into the foundation, practice and interpretation of Law, the attitude, colour and character of their gathering are always the same: some serious business. The recently concluded 48th Conference of the Nigerian Association of Law Teachers (NALT) was no exemption to this norm and time-tested practice.
It was serious business right from the opening ceremonies when the frontline legal icon and Founder of AfeBabalola University, Ado-Ekiti (ABUAD), Aare Afe Babalola (SAN) and the Hon. Justice IbrahimTanko Muhammad of the Supreme Court addressed the Law Teachers and wittingly or unwittingly set the agenda for this year’s Conference. As it were, majority of what the duo said at the opening ceremonies later formed the pith of the deliberations of the Conferees and the meat of their communique.
In tandem with the theme for the Conference “Mainstr-eaming Interdisciplinary Approach to Legal Education: Imperatives for the Development of Nigeria”, Babalola, a man who roars where angels tremble to whisper,frontally tackled such contentious issues as the place and import of Law Teachers as experts and specialists in Law, funding of quality Education, admission into Colleges/Faculties of Law, the running of the Law School, Interdisciplinary Approach to Legal Education and appointment of Senior Advocates of Nigeria (SANs) as well as Extension of Funds to Non-Profit Private Universities. Such weighty issues could not have escaped the powerful rays of his searchlight.
For example, Babalola would not fathom why it is difficult for Nigeria to step up the current allocation of about 7% of its national budget to fund education to meet the UNESCO recommendation of at least 25% of the national budget of every country should be dedicated to education, the fact that it has to grapple with other matters such as health care delivery, security and infrastructural development as well as funding of education notwithstanding.
He would not be taken in on why the annual budget of $7,130,137,243 which translates to N1,212,123,331,310 for North California State University in 2012 could be more than the Federal Government of Nigeria’s budget of N495,456,130,065 for 50 Federal Universities and UBE (Universal Basic Education) which translates to 40.88% of the budget allocation of American University within the same time frame.
As for the Hon. Justice Muhammad who stood in for the Chief Justice of Nigeria, the Hon. Justice Mahmoud Muhammad, he counselled all lawyers, Judges, Law teachers and indeed all stakeholders in the legal profession to play significant roles in sanitizing the legal profession by identifying and flushing out all the bad eggs in order to restore the dignity and honour that had been the hallmark of the noble profession in yester years.
According to Muhammad, the legal profession has been facing a lot of challenges from within and from without as a result of “bad eggs amongst (some) practising lawyers, (some Judges) and even from Academics” and therefore implored the Law teachers, whom he described as “a collection of great minds who have the onerous responsibility of moulding the character and minds of students, for positive contributions to the political development of this country”.
After four days of rigorous and painstaking sessions and copious drinking from the fountain of experience and knowledge of some erudite Judicial Officers of note, seasoned Legal Practitioners and Legal Academics from all over the world, the Law Teachers, through the communique at the end of their 48th Conference, returned a unanimous verdict that a lot still needs to be done to make the wheel of justice run faster and smoother in the overall interest of the administration of justice in Nigeria.
Determined to insulate Law graduates from the ever expanding unemployment market, the Association advocated for an immediate expansion and reformation of the curriculum of legal education in Nigeria to accommodate new areas of market economics and developmental studies such as Agriculture, Medical Science, Physiology, Nursing, Sociology, Psychology and Marketing among others, reasoning that such immediate expansion and reformation of the curriculum will guarantee rapid development of the different spheres of the society and make law graduates employable in different fields of human endeavor.
In addition to the above, they advocated that a new curriculum with respect to cyber-law should be developed for Nigerian Universities in keeping with the practice in other jurisdictions, such as the United States and the United Kingdom to enable Nigerian trained lawyers handle the increasing legal challenges thrown up by the fast growing cyber technology.
Considering the importance of Information and Communication Technology in the 21st Century and the concomitant phenomenon of rapid globalisation, it is imperative for Nigeria to facilitate the development of information and knowledge-based economy through the instrumentality of law. Consequently, Information Technology law should be carried out as a law course to be taught in the penultimate law of the basic law programme in all Faculties/Colleges of Law in Nigerian Universities.
To make Nigerian lawyers really relevant in the competitive global market, there is the need for Nigerian Universities to ensure that undergraduate students, especially in Law, undergo entrepreneurial training to endow them with skill and competences that can empower them to be self-employed and sharpen their capacity to have legitimate sources/streams of income. Legal education in Nigeria must strive to achieve synergy between the law graduate and the society in such a way that our universities will not just be turning out job seekers who become stranded when there is no vacancy in both the public and private sectors.
In addition to the above, there is an urgent need to re-evaluate and re-engineer the Nigerian postgraduate education in Law in terms of designing more suitable research methodologies with a view to accommodating new frontiers of knowledge, Information and Communication Technology as well as entrepreneurial studies. This would in turn ensure response to current realities, global competitiveness and relevance.
With multi-disciplinary training, lawyers can be gainfully engaged in Advocacy, as Solicitors or in Educational and Research Institutes where the likes of Prof. Ben Nwabueze, Prof. ItseSagay, Prof. G. A. Olawoyin, Prof. I.O Agbede and Prof. P.A. Oluyede as well as Prof. Ayo Ajomo among many others have made indelible marks.
Other areas Lawyers can be active players are Commerce, as Realtors, Government Agencies like National Agency for Food and Drug Administration (AFDAC), the Independent Corrupt Practices Commission (ICPC), the Economic and Financial Crimes Commission (EFCC) as well as Governance and Politics where lawyers like Mahatma Gandhi, Winston Churchill, Oliver Tambo, Nelson Mandela, Margaret Thatcher, Abraham Lincoln, Barack Obama and Obafemi Awolowo have shaped the course of history and governance in the contemporary world.
Besides, many lawyers could be appointed as Special Advisers, Research Assistants in addition to working as Arbitrators, Concilliators and Mediators, in the Ministry of Justice, both at the Federal and State Civil Service, the International Civil Service, Field and Protection Officers in Conflict and Post Conflict areas, the Industries, Legislative Houses and of course, the Judiciary, where they could rise to become Magistrates and Judges.
NALT emphasised that conscious efforts should be made to adopt the comparative and global perspectives to legal education in Nigeria both at the Law Faculties and at the Law School against the current trend which focuses mainly on domestic/municipal laws which cannot guarantee the production of legal practitioners who can respond effectively to the growing challenges of globalization, adding that curricula of legal education in the Universities and the Law School should be restructured to incorporate comparative and global legal studies for the benefit of Nigerian lawyers who desire to play at the global level.
The law teachers would like the criteria for the appointment of Senior Advocates of Nigeria (SANs), particularly as they apply to the Academic Category, to be reviewed to accommodate more academics who meet the minimum requirements for appointment into the silk in tandem with the practice in England where every qualified applicant gets appointed as Queen’s Counsel (QC), the British equivalent of SAN.
The Catholic Bishop of Sokoto Diocese, Most Revd Dr. Matthew Hassan Kukah has urged lawyers to fight injustice. He spoke at the Dinner and Award night organised by the National Association of Catholic Lawyers (NACL), Lagos Archdiocese.
Speaking on Faith, law, justice and human rights, Dr. Kukah charged the lawyers to rise for human rights by fighting injustice in the country. He said: “ If the Supreme Court does not develop certain reflexes to handle certain cases, we may have wonderful letters in the constitution but they will never have life in them.” You cannot be a catholic priest without being concerned about the social question”
He commended the lawyers for their contributions to the development of the Church and the Nigerian State and urged other professionals to emulate the lawyers by coming together to deploy their professional skills for the development of the country.
In his welcome address, the President of the National Association of Catholic Lawyer s, Lagos Archdiocese Mr. Chukwuma Ezeala said: “ We all need to rejig our approach to issues, that whenever we are saddled with responsibilities we should ask ourselves what the expectations of the people are, what are the resources to do the needful, whether the resources available will be adequate for the job and what are the stumbling blocks ahead. Mr. Ezeala stated that: “When we answer these questions correctly, then we have commenced our journey.
The special guest of honour, the Archbishop of the Metropolitan See of Lagos, Most Rev. Dr, Alfred dewale Martins commended the lawyers for their contributions to development of the Archdiocese and the country. He encouraged them to maintain the tempo.
The President of Nigerian Bar Association (NBA) Mr. Augustine Alegeh (SAN) commended the lawyers for their contributions to the development of the Church and the country. He assured that the NBA will always stand for the truth and the poor no matter whose Ox is gored.
Former President of NBA Dr. Olisa Agbakoba (SAN) called for the revival of the vibrancy of the Catholic Secretariat like the days of Rev. Father George Ehusani and Dr. Hassan Kukah as secretaries in the Secretariat.He assured that the lawyers are always there and are willing to deploy their human resources for national development.
The lawyers used the occasion to honour some of their own who hve made tremendeous and valuable contributions to the development of law and the legal profession. They include: Justice Centus Chima Nweze of the Supreme Court, NBA Presdent, Alegeh (SAN), Mr. Emeka Ngige ( SAN), Mrs. Anthonia Titilola Akinlawon (SAN). Holy family Catholic Church, FESTAC Tow received the corporate award this year because of the consistency of its members in meeting attendance, regular holding of legal clinic in the Parish, regular visits to less privileged homes and consistency in holding its elections every two years since its existence.
Did the emergence of Senator Bukola Saraki and Hon. Yakubu Dogara as Senate President and House Speaker violate the law? Yes, say some constitutional lawyers; no, argue others. They all agree that the matter be taken to court, writes Eric Ikhilae.
Politricks was at its height in Abuja last week when, against the plan of the ruling All Progressives Congress (APC), Senator Bukola Saraki (Kwara State) and Yakubu Dogara (Bauchi) emerged Senate President and House of Representatives Speaker.
Its lawmakers-elect had, during a straw poll elected Senator Ahmed Lawan (Yobe State and Hon. Femi Gbajabiamila (Lagos) for the positions. But Saraki and his supporters boycotted the session; Dogara’s loyalists protested Gbajabiamila’s choice.
In the wee hours of June 8, the day set for the proclamation of the Eighth National Assembly, APC’s legislators-elect were invited to a meeting with President Muhammadu Buhari at the International Conference Centre in Abuja. The meeting, it was learnt, was intended to further educate them on the rationale behind the party’s decision.
While loyal party members went for the meeting, others headed for the National Assembly. It was at the meeting venue that Lawan and his group saw on television Saraki’s emergence as Senate President.
When they raced to the National Assembly, it ws too late for them to do anything.They met Saraki wielding the gavel, the symbol of authority of his office. APC also lost the Deputy Senate President’s seat to Senator Ike Ekweremadu of the Peoples Democratic Party (PDP).
The dust is settling over the matter. The party has reversed its position to sanction Saraki and others; Gbajabiamila has put the episode behind him and expressed his willingness to work with the House leadership.
Observers are blaming the development on multiple factors, including party leaders’ inability to sacrifice self-ambition/interest for national good, lack of internal democracy and APC’s inability to discard its opposition mentality. The party, they added, must overcome the euphoria of its electoral victory and come to terms with the reality of being in power.
They argued that since last Tuesday’s legislative businesses were conducted on the floors of both chambers and quorum met as required, the legality of Saraki’s and Dogara’s emergence may not be an issue. To them, what should concern all are issues of morality, the need to entrench internal party democracy and for political players to subject themselves to party supremacy.
Observers noted that APC’s near loss of the National Assembly leadership resulted mainly from membership indiscipline, caused by conflict in their understanding of party supremacy, party discipline and the need for legislative independence, within the context of the doctrine of separation of powers.
They contended that in true democracy, the party, on whose platform every candidate rises to power, is supreme. Every member, having subscribed to the party’s ideology, is directed by the party’s interest. Its positions on issues are binding on all members, who have subscribed to its ideology and values. An act of disobedience, as exhibited by some APC members on June 8, is seen as betrayal and rebellion, and treated as such.
Observers, however, noted that it is too early for anyone to seek strict adherence to the time tested principle of party supremacy among Nigerian politicians, in a political environment devoid of party ideology, and where political participation is driven solely by self-interest (with scant regard for national interest); avaricious tendencies (as against selflessness in service); individual good (as against the general good), among other crude philosophies.
They also argued that because of the nation’s recent political history and the fact that the political amalgam called APC is still fragile, the party needs to tread softly and continue to accommodate members’ excesses.
They warned that a rash application of the rod could result in inflamed disaffection, which could scare away members, capable of serving as the party’s assets. Democracy, they argued, thrives on the effective management of conflicting interests for the good of all.
Lawyers have equally examined the legal and moral implications of the matter. Nigerian Bar Association, (NBA), President Augustine Alegeh (SAN), Prof Itse Sagay (SAN), Mahmud Magaji (SAN) and Ebun-Olu Adegboruwa proffer divergent views.
Alegeh argued that Saraki’s and Dogara’s emergence as leaders of both chambers of the National Asembly is not illegal. He said it is a moral issue and not a legal one.
• Saraki
Alegeh said the 57 senators, who were in the chamber when the election of Saraki took place were enough to form a quorum, and that having formed a quorum; the decision taken at the time was binding on the Senate.
He urged the APC to quickly resolve its internal conflict to avoid the kind of errors that resulted in PDP’s implosion.
“Inaugurating the National Assembly is considered as an ordinary business and for an ordinary business, the requirement of a quorum is one-third. So, legally, there was a quorum. You can argue from a moral perspective but legally, it is in order.”
“The general election was held in March/April and we are in June. There was enough time for the party to meet with the lawmakers and agree on all these issues. Why wait till the last minute? We must understand that if a time had been fixed for the inauguration, one would expect that all those who want to be inaugurated, given the importance of that event, should have arrived on time.
“The Clerk of the National Assembly, who is in charge of determining such, said there was a quorum. It will be difficult for me to fault that. We must understand that the National Assembly belongs to the entire country and parties from both sides are members of the Assembly.
So, for a meeting of one of the parties to lead to the closure of the Assembly would be unfair. The issue that led to some PDP members joining the APC should not be quickly forgotten,” Alegeh said.
Sagay argued that the process leading to Saraki’s emergence was fraudulent. He also queried Saraki’s moral credentials.
“If you look at the moral point of view, that purported election was fraudulent. When you purport to hold an election deliberately in the absence of your opponent, knowing that he is absent, and intending to win at any cost unopposed by ensuring that absence, that constitutes fraud.
“Not only that, I think it’s an act of gross indiscipline, not just against his party, but against the whole country because we are all stakeholders in the electoral process, in who becomes the Senate President and we all felt cheated because there was no proper election. Again, it’s also an act of gross impunity.
“In effect, he was saying ‘I know my opponent is keenly interested in contesting, I know my opponent is not here yet, and therefore, I will rush an election in his absence in order to be certain of victory at any cost.’ It’s absolutely unacceptable in a decent democracy.
“My opposition to his sitting illegitimately in that office is not because of his (Saraki’s) “baggage”; he may not be my first choice. But if he had won legitimately, in a fair, square and equitable way, I would have no objection. Yes, he has a huge baggage. Presently as far as I know, he’s under investigation and possibly a lot of inquiry by the EFCC. The matter has not been cleared.
Normally, it would be better for the first arm of government – that is what the legislature is, and he is the third most senior political personality in the country – for that person to have a clear table; not to have any baggage hanging around his neck.
“This is because if you have a heavy baggage like that hanging on your neck, and you’re presiding over such an important establishment, then that establishment is also going to carry that heavy weight of a burden along with you, and it will necessarily affect the respect and intergrity which his decisions will have and the whole process of operation of that institution will be impeded by that heavy load,” Sagay said.
Magaji praised the party for the matured way it has chosen to handle the issue, and for not insisting on sanctioning Saraki and others.
He said it was dangerous for the party, at this stage, to seek to be dictatorial. He urged the party to be magnanimous and learn to accommodate the interest of its members, particularly those who risked their all for its success.
Adegboruwa, who contended that the issue of legitimacy was not in question here, noted that whether one goes by the simple majority of 55 Senators, as prescribed by the Constitution, or that of 38 Senators, as prescribed by the Rules of the Senate, the Senate leadership was properly and validly elected.
“It is indeed unfortunate, that some Senators chose not to be present at the inauguration, for whatever reasons. Their absence, without lawful excuse, will not invalidate the proceedings of the Senate of June 9, 2015.
“Upon proclamation of the Senate by the President through the Clerk, the business of the Senate had commenced. There was then immediately a transition of power, from the President to the Clerk. The only duty of the Clerk was to proclaim.
“The immediate assignment after that is the election of the principal officers, especially that of the Senate President and his Deputy. That could not be postponed to await the APC senators, whatever party assignment that they had secured for themselves temporarily.
“The best option before APC presently, is not some specious or cloudy legal process, but rather a political solution, if it can muster enough will and support, to remove the principal officers already elected, on the floors of their respective Houses.
“But that will be a needless distraction, as we need the Senate urgently, to settle down to appoint other principal officers, to constitute the committee members and most importantly, to approve the much awaited ministerial list, of the President.
“APC as a political party cannot hold Nigeria to ransom, due purely to its own internal crisis. It precipitated this whole problem, through the illegal and sham mock elections that it arrogantly conducted, as a demonstration of its bogus prowess and political dominance, which was clearly unnecessary.
“My very humble advice is that the APC should lie low and let Nigeria move forward. Nigerians voted for APC in order to depart from this feudalistic dominance of the political space, by some set of people, and we cannot seek to be going back to the PDP vomit, that we have all gloriously escaped from,” Adegboruwa said.
The Journal of the Faculty of Law, University of Ilorin titled: ‘The Jurist’ has become a platform for honouring lawyers who have distinguished themselves and contributed to the development of the legal profession in the last 20 years. The 20th edition of the journal was presented in Ilorin last week in honour of Layi Babatunde (SAN), reports ADEBISI ONANUGA
• Deputy Vice Chancellor, UNILORIN, Prof. Y. M. Fakunle (left) presenting the award to Mr. Babatunde and his wife Adejoke.
Lawyers and other stakeholders in the justice sector, last week converged on Ilorin to honour one of their own, Layi Babatunde (SAN).
This was at the public presentation of the 20th edition of The Jurist, the journal of the Faculty of Law, University of Ilorin.
Babatunde was recognised for his support for the legal education.
Former President, Court of Appeal, Justice Issa Ayo Salami, who was the Chairman of the occasion, in his opening remarks, berated lawyers for failing the society when their services were needed most.
Justice Salami observed that a lot of lawyers have chosen to pursue money to the detriment of the roles expected of them by the society who look up to them to champion their causes in times of troubles.
The jurist cited the recent incident of a journalist who was beaten up in Ekiti State to buttress his disappointment in the conduct of lawyers.
He lamented that not even the Chairman of the state branch of the Nigerian Bar Association (NBA) did anything to fight the abuse and infringement of the fundamental right of the victim.
“The legal profession is not all about money but a profession that bears society’s problem. Unfortunately, lawyers in recent times have not been carrying out their roles. The lawyers are not doing their role. Where are the lawyers?” he asked.
Justice Salami, however, extolled the virtues of the honouree, who he said, is honest, trustworthy and reliable and a brother who has distinguished himself in the profession.
He also commended Layi’s law publications, particularly “Supreme Court Reports”, saying it is a tool for lawyers work with and that it resolves conflicts in the legal practice.
Former Attorney-General and Commissioner for Justice of Ogun State, Mr Wemimo Ogunde (SAN), in his speech titled: ”The three days of a lawyer” also charged lawyers and other stakeholders in the justice sector to discharge their responsibility to the society in line with their professional calling. He to constantly examine themselves with a view to reflect better a tomorrow.
Ogunde went philosophical when he said the journey of life falls into three stages;” that which is past, that which is being spent and that which to come”. He said the existence of today gives the lawyer an opportunity to begin to rectify that which was objectionable yesterday.
He said the ingredients of a legal career, character, competence and confidence are made ready for use in whichever state they find themselves.
According to him,ý “if a legal career has already started on a bad note in the sense that the lawyer in the early years if his career got himself or herself involved in some unethical behaviour, the existence of today affords an opportunity to redress that past.
“ It is what is being done now that ultimately count. How glorious yesterday was, the poor use of today can pollute or degrade the good of yesterday.
“The, today, law continues to use the vast reservoir of yesterday for the purpose of making law improve the society and positively affect the citizenry. It is obvious that law is a flowing river that constantly gathers the floatsam of yesterday, learns from the mistake that brought them forth and clears them away with the powerful current of today’s flow of fresh waters.
“The impact of continuing legal education is seen only in the today of the lawyer since it recognises that the application of law to conduct within the society constantly faces resistance brought about by the complexity of human activity both in the individual and in relationships. The result is that yesterday departs leaving in its wake the debris of error both from the bar and the bench. Some of these errors are costly.
“They mighty have resulted in wrongful convictions, deprivation of settled rights and some others acts of misfortune. The beauty of today is that it prevents a repetition or perpetuation of such errors bringing about new life for tomorrow which are evident in law reforms, judicial activism and intellectual reviews.”
The learned silk, therefore, counselled lawyers must be honest in self examination. “ Constant examine of self with a view to reflect on how he stood yesterday whether for good or for ill. The reflection on how yesterday was always affords a better use of today,” he stressed.
Earlier in his address,the Vice Chancellor of the University of Ilorin, Prof. Abdulganiyu Ambali, congratulated the leadership and the members of the law society on its recent acknowledgment as the best law faculty in the country by the Council of Legal Education Nigeria, urging them to keep the flag flying.
He also admonished the students to equip themselves “sufficiently, reading voraciously, learning vigorously and prepare seriously for the future.
“On this note, I want to urge the final year studentýs of this society to sustain the tempo and maintain the standard established by their predecessors by being better by far than others when it is their time to be in the Nigeria Law School.
“I have no doubt about it, the training you have received and you are still receiving from the University of Ilorin is such that can make you stand out among your pairs all over the world. So my charge to you on this occassion is that you should keep it up, continue to stand out and you will be outstanding.”
The vice chancellor also urged the students to emulate the honoree, Babatunde (SAN) who he described as a scholar of high repute, noting has edited and published 480 editions of the judgments of the Supreme Court of Nigeria (S.C.Report ) with 22 indexes dating back to 1972.
The Dean of the Law Faculty, Dr. Yusuf Arowosaiye, also appreciated the students for their thoughtfulness in recognising the leading lights of character and integrity who deserved to be honoured for their contributions to the development of law profession in the country and Nigerian law and jusrispudence.
Arowosaiye said: “The Jurist, our signature students’ publication has proud 20-year-history of existence with this year 20th edition in honour of a well-deserved legal icon, Babatunde (SAN). The jurist has experienced changes in terms of quality of its content and production since it’s first issue. This a welcome development and am hopeful that very soon the Jurist will compete favorably well with other leading and reputable students publication such as Havard Law Review, Honk Kong Law Review, The Idaho Law Review to mention but few.”
He further said: “We have a strong legal education program, we train our students to begin successful legal careers right here on campus. We offer many opportunities for students to pursue focus areas of study of law. Our legal clinics, proposed externship programmes by our law clinic are among best of any law faculty in the country.The clinical legal education offers our students real-world legal experience.
“It, therefore, no surprise that the recently released report of the Ad-hoc Committee set up by the council of legal education to investigate the performance of students and faculties at the August 2014 Bar Final Examination adjudge Faculty of Law, University of Ilorin as best and most consistent faculty of law in Nigeria in that report, our faculty came first in the year 2014 and second position for 2012 and 2013 consecutively. We humbled by this achievement and we’ll determined to sustain this pace for long time to come.”
The dean urged the administration of the University to upgrade other facilities in the faculty, calling for urgent attention such as building of a new law library, procurement of relevant online legal databases, provision of projectors in all the classes, among others.
To get more lawyers involved in giving free legal service for the public good, a roundtable has been held on NBA’s pro-bono scheme. PRECIOUS IGBONWELUNDU reports.
Lawyers and civil society groups gathered in Abuja, last week, to develop strategies for the implementation of Nigerian Bar Association (NBA) pro-bono scheme.
The roundtable was part of the “Support to the Justice Sector in Nigeria” project funded by the European Union (EU) and implemented by the United Nations Office on Drugs and Crime (UNODC).
It was supported by the Justice for All (J4A) programme. Participants included Vice-Chairmen of selected NBA branches, the Office of the Public Defender (OPD) of selected states and some non-governmental organisations (NGOs) that provide pro-bono legal services.
NBA’s bye-laws provide for branch vice-chairmen to head the human rights committees at the branch level, but not many have been functioning optimally.
Vice-Chairman of Enugu Branch, Mr C. Wagbara said he was not aware that he was the statutory head of the committee in his branch.
“I’ve never been told that I’m in charge of human rights in my branch. NBA should orientate lawyers, including senior ones, on the need to do pro-bono services. It’s part of what we swore to do,” he said.
First Vice-Chairman, Lagos Branch, Mr Nelson Ogbuanya, said some branch chairmen may have been reluctant to carry their deputies along for fear of being overshadowed.
He said funding is also a constraint, adding: “Most of the pro bono work I’ve done were all personally funded.” He suggested a coordinating committee of the NBA to oversee pro-bono cases at branch levels.
Osogbo Branch chairman Mr S. B. Ajibade said judges should assist lawyers handling pro-bono case by granting urgent ex-parte applications on human rights issues.
He said some of the judges feel reluctant to grant such applications because of National Judicial Council (NJC) restrictions on injunctions.
Vice-chairman Owerri Branch Mr Ihediohanma Fidelis said there were challenges of lack of continuity of pro-bono projects and few lawyers being involved to drive the programmes.
Other challenges identified by speakers include victims developing cold feet, lack of empathy by lawyers, experienced lawyers not being involved in pro-bono work, insecurity and lack of cooperation from the police.
Director, Legal Defence and Assistance Project (LEDAP) Mr Chino Obiagwu urged lawyers not to focus their pro-bono services on prison decongestion.
“Go to slums. Go there and fight for social justice,” he said.
Another area lawyers can litigate on, he said, is the issue of estimated electricity bills and non-issuance of pre-paid meters.
“It is the role of lawyers to go to court and challenge this. Un-metered houses are not supposed to be billed. Lawyers should fight these big corporations. What about dropped calls by telecoms companies?
“Why should consumers pay for service not rendered? The money belongs to us. If every lawyer does one pro-bono case per year, the country will be better,” he said.
Urging NBA to do more litigation for the public’s good, Obiagwu said: ”People say that NBA is a sleeping elephant, so it should wake up, especially now that we have a reform-minded Vice-President-elect (Prof Yemi Osinbajo (SAN) whose reform legacies in the judiciary we can all see.”
It was suggested that provision of pro-bono services should not be mandatory for new lawyers, but voluntary.
Lawyers were urged to make donation towards pro-bono services, while each NBA branch should appoint a desk officer to record cases handled.
Other recommendations are that a monitoring team from secretariat should ensure compliance, and it should be made compulsory for those applying for silk to make mandatory donations towards pro-bono services.
The Nigerian Bar Association (NBA), Ikeja Branch has held its 2015 Continuous Legal Education Programme, a platform intended to sharpen the skills of its members and make them more knowledgeable about new developments around the world. The two-day programme, which focussed on various aspects of the law, was attended by justices of the Court of Appeal, judges of the High Court of Lagos State, the National Industrial Court (NIC) and other legal practitioners, reports ADEBISI ONANUGA
Legal practittioners, including justices of the Court of Appeal, judges of the High Court of Lagos State and the National Industrial Court (NIC) and other lawyers converged on Ikeja, penultimate week to sharpen their skills, share knowledge in new areas of their profession and exchange ideas in order to keep themselves abreast of developments around the world.
The occasion was the two-day continuous legal education programme (CLEP) of the NBA Ikeja branch. The programme, which held at the at Adetiloye Hall of Arch Bishop Vining Memorial Cathederal Church, Ikeja, afforded the legal practioners oportunity to examine new areas of the laws, review basic practice and trial principles.
The lead speaker and expert on labour laws and industrial relations, Abiodun Owonikoko (SAN), in his 34-page presentation, dealt essentially on “the termination of private employment, employment with statutory flavour on grounds of misconduct with or without element of crime: How validly done; effect of such termination on employee’s entitlements, legal remedies available to such employees, Defences Available to the Employer, Impact of section 12 of the National Industrial Court Act 2006 allowing departure from applicability of Evidence Act to Labour litigation”.
Owonikoko, who enumerated the type of employment available in Nigeria to include employment made under the common law, employment with statutory flavour, employment where office is held at pleasure of employer and hybrid employment, said the crux of his paper was specifically on the determination of employment, that is, how to put an end to working relationship between employer and employee. Pointing out that there are just two ways by which an employment relationship can come to an end, he explained that determination of employment can either be by termination or dismissal.
The senior advocate took time to explain the determination of employment under the different types of employment available to employees. He explained that the effect of termination of employment under both private/common law employment and statutory employment generally, is that there ceases to be a contractual relationship between the parties and that, neither of the parties are bound by the terms of the employment contract.
Citing various authorities to support his submissions, Owonikoko dealt extensively on legal remedies available to employees after determination of employment, which include remedy of damages and entitlement to a remedy of re-instatement. On how to challenge wrongful determination of employment, the erudite lawyer said “the omnibus provision of section 254(c) (1) of the 1999 Constitution (as amended), gives the NIC original jurisdiction to hear matters involving employment determination. It thus follows that the appropriate court with jurisdiction to hear matters of this nature is the NIC and that the procedure to follow is to come by way of a General Writ of Complaint.
The senior lawyer, however, identifies a gap in the employment laws, which he noted, does not make for fairness in employment relationships, that is in the area of wrongful dismissal. According to him, injustice exists in the Nigerian labour market.
According to him, the courts, the employment and labour laws are yet to adequately embrace the challenge of unfair dismissal as contrasted with wrongful dismissal. He explained that unfair dismissal covers a whole range of unspoken, but apparent ill motivated grounds for causing an employee to lose his or her job. He stated that generally in Nigeria, motive is not a ground for contesting termination of employment. He said employer can terminate for good or bad or no reason at all.
”Except for the omnibus of Section 42 of the Constitution, there does not appear to be clear labour employment specific law in Nigeria that protects employees from unfair termination as a result of discrimination on grounds of sex, age, religion, ethnic group, gender, birth and HIV status, among others.
“This lacuna in our laws should be given urgent attention, especially as we transit into a new era of change with the in-coming administration of the All Progressive Congress (APC) at the federal level that has made job creation as one of its cardinal manifesto commitments,” he said.
Kemi Pinheiro (SAN), in his paper titled: “Preferring and Quashing Bare Charges, Holding Charges, Remand Charges etc”, citing relevant authority, said it is only when an accused pleads either guilty or not guilty to a charge as the case may be, that issues are joined in a criminal trial. He said until this happens, the accused person is technically outside the pale of the court’s jurisdiction”.
On the effect of making an application to quash a charge, the senior lawyer pointed out that “any objection to a formal defects in the charge should be taken before plea, otherwise the objection is taken as having been waived.
Citing Section 167 of the Criminal Procedure Act, Pinheiro counselled lawyers that a want of jurisdiction, which ordinarily could be raised at any stage of the trial, is better raised before plea is taken. He said in other jurisdiction, either party may move to quash either the whole of the indictment or a count. “The obvious time for doing so is before the accused is arraigned, although it would be seem that the defence may make the application at any stage of the trial,”he said.
He explained that the effect of a successful application is that the accused may not be tried for the indictment (or particular count to which the motion relates). “However, this does not mean that the accused is thereby acquitted,” he said.
An accused person, according to Pinheiro, does not have to enter the dock when challenging a charge preferred against him, even if present in court. Citing an authority to support his view, the senior lawyer posited that the appellant can only be ordered by the learned judge to enter the dock and plead to the charges when he had heard full arguments on the objection and ruled one way or the other.
Titilola Akinlawon (SAN), in her paper titled: “Adoption of Children: National and International Perspective”, said it is impossible to adopt a child without a court order. According to her, “a mere agreement in which a parent seeks to transfer his rights and duties to someone else, is ineffective and will not be recognised as an adoption. The idea of defacto adoption, that is, an arrangement where the child lives permanently with people, who have put themselves in “loco parentis” to the child is ineffective to give the carer, parental responsibility to remove that of his parents”.
Akinlawon explained that the Child Rights Act 2003 addresses children generally, but has specific provisions relating to adoption. She explained that Section 277 of the Act defines a child as a person under 18 years while Section 128 provides for when a court can make an order for adoption of a child and listed children that could be adopted to include those with no surviving parent or those abandoned, neglected, persistently abused or ill treated, and that for which there are compelling reason in the interest of the children on why they should be adopted.
The senior lawyer, however, clarified that provisions of Sections 145(1) and 131(1)(b),(c) and (d) put it beyond doubt that inter-country adoption is not allowed under the Child Rights Act.
She explained that allowing inter-country adoption would undermine the current effort by the government as well as non-governmental organizations to combat the rising spate of child trafficking.
Earlier, Lagos Chief Judge, Justice Olufunmilayo Atilade had stressed the need for lawyers to continuously update their knowledge of the law. She said this has become necessary if they must be abreast of developments in the legal circle around the world.
Justice Atilade who declared open the two-day Interactive seminar which has as theme, “Sustaining the Tempo of Cutting Edge Professionalism” said, “there is no limit to education. We must try at all time to meet all standards in international and domestic law practice. This is the only way we can ensure that we are current and up-to-date as members of the legal profession”, she stressed.
Justice Atilade remarked that the just concluded Commonwealth Law Conference held in Glasgow and at which she was in attendance, was part of the international effort to develop the profession and its practitioners.
The Lagos Chief Judge commended the quality of papers delivered by Nigerian lawyers who were speakers at the conference saying that they exhibited high intellectual capacity.
While commending the NBA for the seminar, she advised then to organize more of such retraining programme for their members in order for them to be able to discharge their functions in the best way possible.
Earlier in a welcome address, the chairman of the branch, Yinka Farounbi explained that the programme was intended to refresh and update legal practioners with new knowledge and modern day practice.
Farounbi expressed confidence that by the end of the programme, participants would have learnt new developments and abreast of new methods of litigation and adjudication.
Chairman of the National and State Legislative House Elective Tribunals in Cross River State, Justice C. Awubra, warned lawyers to desist from making frivolous applications and requests for unnecessary adjournments as sitting commenced in Calabar Tuesday.
Awubra who led two other judges, Justices O. A. Adeniyi and J. U. Oyomire, said the Tribunal, to the exclusion of any court or tribunal has original jurisdiction to hear and determine all the petitions arising from the National and State Legislative Assemblies elections held on April 11, 2015.
He said a total of 24 petitions were filed within the time stipulated by law.
“The task upon the tribunal is enormous and daunting. Time is of the essence, as each of the petitions must be decided within 180 days from the date of filing. We therefore implore all legal practitioners to exhibit due diligence and professionalism in the discharge of their duties. Please ensure to desist from making frivolous applications and requests for unnecessary adjournments. We must discourage the practice employing undue technicalities and any act capable of causing delays in the dispensation of petitions.
“On our part we promise to always abide by the provisions of all the enabling laws. We shall discharge the task before us within the law and in compliance with our oath of office,” Awubra said.
Attorney General of the state, Attah Ochinke, who spoke on behalf of the bar, pledged that all hands would be on deck to ensure the Tribunal gives credence to the will of the people.
He promised that undue delays would be eschewed given that time was of the essence.
Eight cases were heard Tuesday – two for the Senate, five for the House of Representatives and one for the State House of Assembly.
All the petitioners sought that the Independent National Electoral Commission (INEC) makes available election materials for inspection by experts and forensic analysts, of which the Tribunal granted and urged the electoral body to cooperate speedily.
The Chief Judge of Lagos, Justice Olufunmilayo Atilade, has advised lawyers to continuously update their knowledge of the law.
She said this becomes necessary if they are to keep abreast of developments in the legal circle.
Justice Atilade gave the advice at the opening of a two-day seminar with the theme, “Sustaining the Tempo of Cutting Edge Professionalism” organised by the Continuous Legal Education Committee of the Nigerian Bar Association (NBA), Ikeja Branch.
“There is no limit to education. We must try at all times to meet all standards in international and domestic law practice.
“This is the only way we can ensure that we are current and up-to-date as members of the legal profession,” she said.
Justice Atilade commended the quality of papers delivered by Nigerian lawyers, who were speakers at the Glasgow Commonwealth Law Conference.
Praising the NBA for the seminar, she called for more re-training programmes for members.
The chairman of the branch, Yinka Farounbi, said the programme was to refresh and update lawyers on new knowledge and modern day practices.
