For writing a book on Personal Income Tax (PIT), an aide to Governor Babatunde Fashola (SAN), Lanre Akinsola, has received commendation from lawyers.
Akinsola, who is SenoirSpecial Assistant to Governor Fashola on Justice Sector Reforms, presented his new book to the public last week.
Among those who praised the author were the Lagos State Attorney- General and Commissioner for Jusyice, Ade Ipaye and his Ogun State counterpart Mrs. Abimbola Akeredolu
The public presentation of the book, Personal Income Tax Act – Principles and Cases in Nigeria held at the CITN Tax Professional Place, Alausa, Ikeja
Speaking at the occasion, Abimbola , who chaired the event, praised the author’s dexterity and interest in administration of taxes in the country.
Abimbola described the book as timely, noting that every organ of government was in search for avenues to shore up revenue base.
She emphaised that the book will greatly impact taxation in the country.
Also speaking, Ipaye said the book captured the author’s wide experience in court over personal income tax matters in the state.
He recalled the key roles played by the author to ensure the success story of the state’s ministry of justice in the area of tax matters, adding that they were exceptional and commendable. Ipaye said the book is a response to recent developments in tax administration in Nigeria.
“With various tiers of government reviewing their tax administration machineries for the purpose of maximising their internally generated revenue, taxation is gradually reclaiming its pride of place as the prime source of government revenue”, he stated. He added that the book is also an attempt to present the Personal Income Tax Act through the eyes of the courts.
A Justice of the Court of Appeal, Abimbola Obaseki-Adejumo, has decried the quality of written materials filed by lawyers, saying most of them are difficult to understand.
She said most lawyers need re-training and guidance in the art of brief writing to make the justices’ work easier.
Justice Obaseki-Adejumo spoke in Lagos at a seminar organised by the Commercial Law Development Services (CLDS) Limited with the theme: Pleadings, Written Addresses and Legal Opinions – A Practical Approach.
She said: “Quite frankly, the quality of briefs filed before the Court of Appeal leaves a lot to be desired. My experience has been that I mostly have to read and re-read, edit and then translate the contents in a manner that makes some sense to me, before I can proceed to write an opinion thereon.”
According to her, the appellate justices have no choice than to struggle to consider such a brief “no matter how bad or inelegant a form it is written.
“It must be said that the quality of briefs these days makes the work of the court doubly and unnecessarily difficult and cumbersome.
“For improvement, I suggest in-house training and re-training of members of the Bar organised both by the local and national bodies of the Nigerian Bar Association (NBA).
“Lawyers themselves should take it upon themselves to read literature on the preparation of briefs, and also seek help from their more experienced colleagues,” she said.
She said written advocacy plays an important role in the judicial process, which is why nearly all superior court of record require parties to frontload their processes before hearing to save time.
“This written argument contained therein is, therefore, the first opportunity a litigant has to persuade the court,” Justice Obaseki-Adejumo said.
A Senior Advocate of Nigeria (SAN), Mr Sylva Ogwemoh, urged lawyers to limit the use of legal jargons in writing briefs, adding that they pay close attention to language, accuracy, brevity and order of their briefs.
“To write a good brief entails ability to communicate one’s thought in very clear language for the judge to follow easily. A good modern brief writer must be able to teach and communicate,” Ogwemoh said.
The organiser, Mrs Chioma Mordi, said the training was aimed at reducing the incidence of litigants losing cases due to bad presentation of arguments by their lawyers, adding that CLDS would hold similar trainings in the near future.
Lawyers under the aegis of Progressives Lawyers Forum (PLF) have promised to assist the President-elect, Muhammadu Buhari, to combat corruption by providing free legal services to government agencies involved in anti-corruption prosecution.
The group, while congratulating the President –elect, called for the removal of immunity clause from the constitution.
It also called for the reorganisation of the various security agencies to enable the next government succeed in its policies.
PLF’s National Coordinator, Silas Joseph Onu, who spoke in Abuja, said his group, made up of mainly lawyer members of the All Progressives Congress (APC), were willing to assist the in-coming government achieve its objection.
Onu cautioned the in-coming government against abandoning its pledge to effect actual changes in the life of the people.
“It is our utmost desire to see that our party shows distinction in leadership by delivering on much expected change that Nigerians have keyed into. We urge them all to remember that a four-year term is too little for anyone to think that the people do not matter at all.
“To demonstrate our commitment to support the fight against corruption, we have resolved to offer pro-bono (free) legal services to all government agencies saddled with the responsibility of fighting graft and corruption of any form against public officials, both past and present.
“It is our hope that the agencies concerned will take advantage of this offer to cut down their high cost of prosecuting corrupt person (s),” Onu said.
He called for the review of the current allocation of the nation’s oil wells to ensure that the revenue from oil benefit the majority as against the current practice where few individuals with link to those in government are allocated oil wells.
Onu, who expressed mixed feelings about the performance of the Independent National Electoral Commission (INEC) during the last general elections, urged the commission to provide relevant evidence to aid those, who chose to challenge the outcome of some of the elections at the tribunals.
He argued that the retention of immunity clause in the Constitution places some few individuals above the law. He said the removal of the clause was in the interest of the nation’s democracy.
On the need for the reorganisation of the security agencies, Onu observed that “our security agencies have become too political and even acted as spokespersons of political parties, and in many cases, businessmen ready to satisfy the highest bidder in politics.
“They have effectively replaced thugs, and in some cases, complimented thugs in the rigging of elections – we must all condemn this trend.”
Lawyers at the 19th edition of the Commonwealth Lawyers Association (CLA) Conference, which held in the Glasgow, Scotland, have scored the conference high in spite of poor attendance.
They said the resource persons and quality of delivery made a great impact on them.
The Nigerian Bar Association (NBA) First Vice-President, Mr. Francis Ekwere said: “It has been a worthwhile experience being here. It has opened our eyes to see how conferences are organised, the seamless transition from one session to another, etc. We will try and see what we will do to improve our own conferences. We have a lot to take home from here.”
Another participant, Mr. Rotimi Oguneso (SAN), said: “It is very stimulating because it afforded various practitioners from the commonwealth countries the opportunity to exchange ideas, network and bring their individual experiences to this conference while they learn from each other.”
To Mr. Aniedi Akpabio, the conference was a great success notwithstanding the low attendance.
“The resource persons were carefully selected. Their delivery was fantastic and change of sessions seamless. I urge lawyers from Commonwealth countries to always strive to attend this conference because it is quite interesting and very rewarding,” he said.
Another participant, Mr. P.C.N. Okorie, described the conference as rewarding.
A commissioner in the Nigerian Law Reform Commission, Kefas Mogaji said: “The conference was indeed; a huge success. First of all, the resource persons are those that are experienced and vast in their various areas.”
A former Muslim Lawyers Association of Nigeria (MULAN) president Tajudeen Oladoja, said: “I will take home how to enhance access to justice for teeming Nigerian indigent clients because that is the focal point of one of the sessions I attended at the conference.”
Agroup, Lawyers for Change, has urged the president-elect General Muhamadu Buhari to make the rescue of the kidnapped Chibok school girls a priority.
Its National Coordinator, Mr. Adesina Ogunlana, at a briefing in Ikeja, said the girls’ freedom was paramount.
He said they disagreed with statement allegedly made by the President-elect that he could no longer guarantee the freedom of the girls.
Ogunlana urged Buhari to live up to his earlier campaign promise of finding the girls.
He stressed that Buhari’s comments after the general elections contradicted the promise he made prior to the elections adding that this was not acceptable to them.
The girls were seized on April 14, last year from their school’s dormitory while they were preparing for their school certificate exams.
He said: “What he said now is at variance with his promise. Chibok girls must be rescued, they must be found.”
The group also admonished the newly elected, at both the national and state (Lagos) level, not to bask in the euphoria of past glory, but to endeavour to create the much awaited change Nigerians have been craving for.
According to him, to adequately address and curb the issue of corruption, there must be a project tagged ‘real retooling of the national economy’.
“Misappropriation of government funds must end. To serve as a deterrent yo others, wealth corruptly acquired should be relinquished. Our country must change and be changed.
“Life in Nigeria must not remain the same. What the people elected in is change, and change they will get, change not just transition,” he added.
Ogunlana also commended Nigerians for electing Buhari/Osinbajo who he described as real agents OD change and promised to ensure that his group will continue to be a watchdog on the incoming administration.
He said, “we will be the conscientious critics of the people voted into power. Our leaders must become lean so that our people can become fat. The only thing our leaders must deliver is nothing but change.”
To what extent should gay rights be protected? Speakers were divided on the issue at the Commonwealth Lawyers Association (CLA) Conference.
A Kaduna-based lawyer, Oladipo Tolani, disagreed with the guest speaker Michael Kirby at the closing ceremonies.
While Kirby believes gay rights should be respected everywhere, Tolani thinks it is wrong for anyone to impose their culture on others.
The 19th edition of the conference was held at the Scottish Events and Conference Centre, Glasgow, United Kingdom.
In attendance were lawyers from over 53 countries of the Commonwealth countries.
CLA is a pan-Commonwealth organisation, which upholds the rule of law in the Commonwealth by encouraging exchange of ideas between legal professionals, academics and students, through projects and by driving improvements in legal education.
•From left: Afam Okeke, Bimbo Kayode, Justice Ibrahim Auta and NBA First Vice-President Francis Ekwere.
The conference started with a welcome address by the former Chairman of the Scottish Civil Courts Review, Lord Gill, who spoke on the Independence of the judiciary and the legal profession.
Speaking on gay rights, Kirby, who was a member of the Commonwealth Eminent Group that reviewed the operations, efficiency and the essence of the Commonwealth, gave an account of the work of Emminent Persons Group and its recommendations to the Commonwealth Heads of Government (CHOGOM).
Among them is the need to set up the office of a Commissioner for Human Rights. He said the group’s recommendations did not receive the blessings of the Commonwealth Secretary-General, who felt that his office could handle such human rights matters.
Kirby cited the plight of former human rights crusader, Mohammed Nasheed, as one of such critical violations of human rights, which a commissioner for human rights could handle.
He said he hoped that the next Secretary-General of the Commonwealth would defend the rights of all, including the vulnerable group, the minorities, and the gay rights.
Kirby who told the audience that he and his partner had been together for the past 48 years, adding that it was a wonderful
relationship.
•From left: S. Akubor (SAN), former Chairman, NBA Jos Branch Caleb Dajan; Steve Adah and Edward Ekpokol.
He canvassed the protection of gay rights as he propounded the advantages of the gay relationship.
During the question and answer session, Tolani expressed displeasure at the speakers’ views on gay and rights.
He frowned at the efforts of developed countries to foist their beliefs on developing countries.
He said: “The idea and theory of gay relationship is alien to the Nigerian culture and belief system and that is why Nigerian lawmakers refused to pass the bill seeking to legitimise gay relationship into law in Nigeria, so no body should force us to accept it.’’
He called on the Commonwealth lawyers to live together and respect each others’ views and rights as efforts to coerce people to accept what they do not believe in could create divisions.
Lord Gill, in his address, said judicial independence is one of the fundamental values that the institution of the Commonwealth represents.
“Society’s standards and its expectations of our justice system are changing all around us. But we must adhere to our own constant values.
“As Judge William Cranch put it, ‘in dangerous times, it becomes the duty of the judiciary calmly to poise the scales of justice, unmoved by the armed power, undisturbed by the clamour of the multitude.’ Only in this way can we truly defend the right of the citizen to call the executive to account.
•From left: Ime Obot, P. Okorie, Kauna Penzin, former Chairman NBA Ikom Branch Emmanuel Okang and Gloria Nweze.
“That the independence of the judiciary cannot survive without the independence of the profession; and I ask the question: What kind of judges do we wish to have?
“In 48 years in the business of the law, I have known judges of outstanding academic brilliance who found it difficult to make a decision for fear of being wrong; or who pursued relentless logic without due regard to common sense.
“I have known lawyers who were not forceful pleaders at the Bar yet flourished in the judicial life when they had time for reflection.
“So, when a judicial appointment is made and the profession – as always – passes its confident verdict, remember this: you never can tell.”
He added: “I suggest that to answer the question: What kind of judges do we wish to have?, our starting point should be that we wish to have judges who have come to judicial office by a process of appointment that is open, transparent and fair.
“ Only in that way can the judiciary deserve and enjoy public confidence. I think that it is fair to say that until 20 years ago, in the United Kingdom jurisdictions the appointment process – if such it could be called – remained hidden from public view and had aspects of mystery.”
Other keynote speakers includeed Ms. Hina Jilani and Dame Silvia Cartwright.
Lawyers have disagreed on the legality of President Goodluck Jonathan handing over to President-elect Muhammadu Buhari on May 28.
The Minister of Information, Patricia Akwashiki, said at the end of the Federal Executive Council meeting in Abuja on Wednesday that the President would perform the ceremony at a dinner on the eve of May 29.
“By May 28, the president intends to have the formal handover done at a dinner so that we can reserve May 29 for the incoming government.
“By May 28, we are expected to have concluded our own government and we are welcoming the incoming government,” she said.
But, activist-lawyer Femi Falana (SAN) faulted the decision, saying it could create a power vacuum for the few hours between when Jonathan hands over and the morning of May 29 when his successor would be formally sworn-in as the president. He said the plan is not backed by any law.
“The question that arose is that between the time of the dinner, which I supposed would be in the night and the morning of May 29 when the president-elect would take his oath of office, who takes charge as there would be a vacuum?
”As far as the law is concerned, President Jonathan is in charge of the country and remains the President and Commander-in-Chief of the Armed Forces until the morning of May 29 when the president-elect take his oath of office and assume office,” Falana said.
He said the president cannot cut short his presidency in the name of handing over a day before the actual date for handing over as there is no provision for it.
According to him, the new date is a deviation from the law as a void would be created should he go ahead and handover before Buhari’s swearing-in.
But, a former Abia State Attorney-General and Commissioner for Justice, Prof. Awah Kalu (SAN), said there is nothing wrong with “handing over notes” on March 28.
“Handing over on May 28 is not violating anything. The handover is just passing papers where he has noted the state of affairs as at the date he is leaving.
“His tenure is fixed by the constitution; so it’s not on a piece of paper. That tenure will expire midnight of May 28, whether or not he hands over. So, the handover is simply symbolic,” Kalu said.
A former Ikeja Branch Chairman of the Nigerian Bar Association (NBA), Mr. Onyekachi Ubani, said it was capable of creating a constitutional crisis.
“What I think they are trying to say is that they want to tidy up everything on May 28. They want to hand over all the files and then hold the ceremony on May 29.
“It’s just like when you want to marry. Before the ceremony, the in-laws must have met behind closed doors and have settled all bride price issues. So, the day of marriage is just for ceremony.
“I think it means that all the handover of the files, documents will be done on May 28 and the ceremony will be done the next day. That is my understanding of it.
“But I don’t know what is pursuing President Jonathan. We know that he’s going to Otuoke, but he should hold on until May 29.
“He should not create constitutional crisis for us, so that we’ll start wondering whether it’s him or Gen. Buhari that is in charge.”
A constitutional lawyer, Mr. Jonathan Iyieke, said Jonathan will not be violating any law.
“The handover by President Jonathan on May 28 has nothing to do with the 1999 Constitution. The culture of handing over on may 29th came into limelight when the Obasanjo administration came into power in 1999.
“It is a mere democratic ceremony that has now gotten recognition in Nigeria without constitutional blessing,” Iyieke said.
former Administrative Judge of Aba Judicial Division and two-time acting Chief Judge of Abia State, the late Justice Ijeoma Offonry, has been honoured by members of the Nigerian Bar Association (NBA).
The lawyers, at a cocktail party praised Justice Offonry’s contributions to the law profession and administration of justice.
The judge, who served 17 years as a jurist, has since been buried in Umuodo community in Obingwa Local Government Area of Abia State.
The cocktail and posthumous award, which took place on the premises of Terminus Hotels, was attended by many dignitaries.
Emotional speeches were made at the event which also featured refreshments and the handing over of the award plaque to the late judge’s representative.
Speakers recalled Offonry’s firmness, sound sense of judgment, humility, understanding and other virtues for which she was noted and admired by her contemporaries and other lawyers.
From the foremost Attorney-General of Abia State, Theo Nkire to the incumbent chairman of the NBA, Aba, Chidozie Ogunji, there was no amount of encomium that would be enough to describe the personality of the erudite jurist and a woman of her class.
Nkire said: “Usually, I find it very difficult to speak about Hon. Justice Ijeoma Offonry because I knew her long before she became a judge, maybe long before she went to study law. Many people know her as my sister. You never can tell what life can bring as you grow up. But one thing is certain, that there will always be a day for judgment not as we give here on earth, but as the Lord gives. I am sure she is gone to rest. There is no doubt that a lot of the sleepless nights that she spent here may have paid off as she is now at rest.
“I would pray that she may continue to enjoy her rest but the lesson for us who live; those of us who are alive as lawyers and judges, the lesson we should learn is that we must endeavour to live the kind of life that she lived. Let each one of us strive to work hard at whatever we lay our hands on, whether as judges, as lawyers or labourers in other fields.
“I thank the Aba Bar for remembering my sister, Ijeoma. We will always love her like the Bar says. I believe that even at our 70th anniversary, Aba will remember Ijeoma. I pray that the good Lord will grant her eternal rest.”
Ichie Goddy Akunani, former chairman of Aba Bar Association said: “I said the other day that most of the branches of the Bar in this country that are generating publicity are not as old as Aba. They have not done the things that we have done here. Today, we are honouring our own that has gone to the great beyond. Hon. Justice Ijeoma Offonry, by every standard, was an upright judge. I have seen judges since 1985. We have been in practice, we haven’t gone anywhere outside practicing law and knowing the politics within the Bar, and we have seen them all.
I practised before Hon. Offonry until she departed this sinful world. She was an upright judge and there is no encomium the Bar can pay this lady that will be enough, not just because she was upright, she was dutiful.
“I have persistently heard about her biological look… I don’t think that we will talk about it all today. It never stopped her in doing her duties. She will come, do her duties even at a point when others were not exhibiting sufficient courage in terms of experte orders, particularly on issues of fundamental human rights. We remember her today for her sense of justice and fearlessness and her taking the things that she sees in this world with equanimity despite all the politics whirling around. Hon. Justice Ijeoma Offonry never allowed those things to deter her. The Bar remembers her today; we have remembered her before and will always continue to remember her. That is the least we owe her memory”.
Justice C.C. Adiele described her as a dutiful and performing Judge.
“She was exemplary in conduct and discharge of her duties. We were looking forward to a day she was to be confirmed the Chief Judge of the state which the injustice in the system denied her.” He blamed the Abia State House of Assembly as was constituted then for such an injustice meted out on Offonry.
“For the first time, I have never seen a recommendation from the National Judicial Commission (NJC) being turned down. She was performing and discharging her duties very well and when it came to appointment confirmation as the Chief Judge of the state, it was denied. I am happy that she has gone on appeal; she has gone above all of us. She will be there when all of us will be judged because we are still at a pedestrian level. One day, every person will answer questions on the roles he or she played while on earth. I am not in a position to pass the judgment, but I know that whatever you sow, you will reap.
“I know and can vouch that she was a quintessential lady of a Judge and as a gentleman in a skirt, did her work very well. May her gentle soul rest in peace.”
An Aba-based lawyer who has been practising since 1981 in Aba Judicial Division, Chibuike Nwokeukwu said: “What the executive of the Bar has planned for this lady (Offonry) today is commendable. Offonry was part of us. She was just a judge and later became the Administrative Audge of Aba Judicial Division. While she was alive, Aba Bar was behind her aspiration to become the Chief Judge of Abia State, but unfortunately that couldn’t happen until she died.
“So, what we are doing for her tonight is in recognition of her services to Nigeria, Abia State and Aba Judicial Division in particular. We celebrated her in her lifetime and we also celebrated her in death. When she was alive and a judge in Aba, a number of occasions in our dinners, she was honoured for a good job as a judge. Now that she is no more, we still remember her and we still celebrate her with a posthumous award.
“Offonry was a very honest judge. She was never corrupt; everybody would testify to that. She was equally a very hardworking person.”
The lessons I learnt from her life are that it pays to be honest. It pays to work hard. Offonry’s case made me believe that no matter how hard you work, whatever God says would be would be. I do not think that God destined Offonry to be a Chief Judge, otherwise she merited it, but the powers that be didn’t want her to be and she never was.”
Chairman of NBA Aba branch, Chidozie Ogunji said: “We decided to honour her even as she is late is because she was too good to Aba NBA. Not only that she was good, she was also an upright judge, incorruptible, so humane that she would always teach the younger lawyers and would never allow the elderly ones to bully them and she has a listening ear; when you come with an application before her court, she will look at it on the merit, she was just a good and ideal judge. So, we are holding this in her honour. We had some good judges, but she was an exceptional and rare one.
You could recall that after appointing her the chief judge, the (Abia State) House of Assembly refused to confirm her appointment which brought us at loggerhead with the state government and before the process of her swearing-in could be completed, unfortunately she died. For us, she is dear to our heart”.
According to Ogunji, “We are going to have a lecture this year in her honour. We are also going to give her a posthumous award this evening. They are part of the things that we have laid out to honour her contribution to the growth of the Bar”.
On her relationship with the Bar, he said, she was good. “I learnt humility and understanding. She was quite humble. She was very tolerant. I urge the judges to be more tolerant, more humane, understanding and to really understand that they are judges.”
Speaking after receiving the posthumous award on behalf of the Offonry‘s family, Ogechi Ogbonna, cousin to the late Offonry and an Abuja-based lawyer, thanked the Bar for remembering his aunt.
Ogbonna described the award as recognition of hard work, a challenge to rededicate themselves to the things that are good and promote excellence, adding that the late Justice loved God and human beings, was a strict but firm person that exercises discretion in the things she believed in and never looked back while doing such.
He said it was a challenge for lawyers and judges to dedicate themselves to hard work in pursuit of excellence, stating that hard work will always pay.
“The cloud may appear to have been overshadowed, but behind the frowning providence, there is light. On behalf of the Offonry and Enyeazu’s family, we are indeed most grateful and as we stay here, we are wishing everyone fulfilment in all they do. We are most grateful.
Highlight of the event was the presentation and handing over of the posthumous award to Mr. Ogbonna which was performed by Hon. Justice Onyeabor on behalf of the Aba branch of the NBA.
The All Progressives Congress (APC) in Ikwerre Local Government and Rivers Lawyers for Change have rejected the result of last Saturday’s governorship election, which gave victory to the Peoples Democratic Party (PDP) candidate, Chief Nyesom Wike.
At a press briefing yesterday in Port Harcourt, the Rivers State capital, the Ikwerre APC leaders described last Saturday’s election as a coup against democracy and the people’s will.
They said it was needless calling for the cancellation of the election when no poll took place, adding that last Saturday it was arrangement of results, which could not be described as election.
Ikwerre Local Government is the council of Governor Chibuike Rotimi Amaechi.
The House of Assembly candidate and member representing Ikwerre, Azubike Chikere Wanjoku said his people have rejected the result that produced Wike.
Wanjoku said, as in other councils, there was no election in Ikwerre but a coup against the people, where voters were intimidated and results manipulated.
He accused the INEC of recruiting PDP members as poll clerks; ward and council Returning officers.
He noted that the election was between Rivers REC, Dame Gesila Khan, the police and armed thugs, who he said denied the people the right to elect their leaders.
“Everybody that participated in that election as INEC officials, Returning officers are members of PDP. They took over the election structure and nobody could listen to us. INEC became PDP, so who do we complain to? Ward Collation officers disappeared from the ward and resurfaced later with results.
“Now, the question is how and where the Collation officers got their results, because, as far as we are concerned, none of the council Collation officer went to the ward to collate results. Yet they manufactured their results and sent to the state. Ikwerre people cannot accept such results.”
The state Chairman, Lawyers for Change, Mr. Ifeanyichukwu Dike, said they have enough evidence to present before the court.
Dike, who showed reporters the photograph of Dr. Prince Nmorn , a PDP card-carrying member who was made a Returning officer of Ikwerre, said there were evidence that most of the Retuning officers were PDP members.
“We are calling on our party supporters to calm down as we are going to address the issue within the confines of the law. We have received evidence of these irregularities, we are presently finetuning arraignment to retrieve our mandate from the criminals.”
As Nigerians await the May 29 inauguration of the President-elect Gen. Muhammadu Buhari, more lawyers have set agenda for the incoming administration. Legal Editor JOHN AUSTIN UNACHUKWU spoke with them.
More lawyers have set agenda for president elect Gen. Muhammadu Buhari and vice-president-elect Prof Yemi Osinbajo (SAN).
•Ajibade
A Senior Advocate of Nigeria (SAN) Dr. Babatunde Ajibade (SAN) said he expects more reforms in the justice sector, among others.
“My expectations are very high in the area of justice sector reform and justifiably so in my opinion. Prof. Osinbajo revolutionised justice sector delivery in his eight-year stint as Attorney-General of Lagos State from 1999 – 2007 and my expectation is that he will influence the same kind of revolution at the Federal level, albeit that he’s Vice-President elect and not the Federal Attorney-General.
“More importantly, I see a direct correlation between a complete overhaul of our justice sector and a re-design of the sector’s architecture and the achievement of the Buhari/Osinbajo campaign promise of eradicating corruption. In the absence of an efficient and effective justice sector, the eradication or even reduction of corruption will be no more than a pipe dream.
“The driving force behind the high levels of corruption in Nigeria at the moment is the palpable absence of efficient and effective enforcement mechanisms. The situation is so bad that the uncorrupt feel marginalised and frustrated because the corrupt get away with blatant acts of corruption and the system appears powerless to prevent this from happening.
“If this is to change, there has to be a root and branch overhaul of the system starting with the investigative and prosecuting services of the Nigerian Police (including the EFCC, ICPC and all other related agencies); the prosecuting services of the relevant departments of the various ministries of justice; the adjudicatory authority of the judiciary; and my own constituency, the representative duties of Legal Practitioners. All of these elements of the justice sector must be reviewed in detail and subjected to a thorough reform exercise.
“We cannot prevent or reduce corruption if the Police are not willing, able or empowered to carry out their investigative and prosecuting functions properly; the judiciary cannot convict anybody of corruption if the cases are not properly investigated and evidence properly assembled before charges are brought; and judges cannot convict anybody of corruption if they themselves are susceptible to corrupt inducement, invariably offered to them by Legal Practitioners representing the corrupt; and prosecution of corruption cannot occur if Legal Practitioners are permitted by timid and (with respect) lazy judges to stultify and delay the justice process by placing reliance on ridiculous technicalities that delay and frustrate the process.
“In the final analysis, the changes required are a function of leadership. The most important task ahead of the Buhari/Osinbajo presidency now is identifying and selecting the right personnel to head all the various agencies that have a bearing on the justice sector, to the extent that the power of appointment rests with them. It is the nature of these appointments and the mandate that those appointed are given that will determine whether our expectations of a robust reform of the justice sector under this incoming presidency will be met,” Ajibade said.
•Fagbohun
Director of Research at the Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Lanre Fagbohun said he expects the new president and his vice to lead by example.
“Our wants as human beings are quite limited, but the greed of majority of our leaders is amazing and often borders on the ridiculous. The best leaders lead by example, thus, what I will expect of Gen. Buhari and Prof. Osinbajo as President and Vice- President is for them to lead by example.
“Impunity in governance has gone on for too long; the aspirations and hopes of Nigerians as reflected in the just concluded presidential election are that a Buhari government will begin to right the wrongs of corruption, meet the challenges of insecurity, move away from leadership devoid of vision, reflect sincerity of purpose, and introduce reforms that will positively impact on the social and economic lives of the people.
“Nigerians want to walk tall within and outside Nigeria; they want to be able to proudly introduce themselves as Nigerians. The acts and utterances of the Numbers One and Two citizens must therefore, be such that will inspire Nigerians to greatness, otherwise, the people will once again feel betrayed and disillusioned.
“For Nigerians, the base of the above conversation is good governance and this is what should be critical to this administration. Nigerians want to see respect for rule of law across the board; transparency; accountability; ethics in public service; national re-orientation geared towards promotion of dignity of labour as against the current syndrome of ‘get rich overnight’; and a more inclusive governance that allows for active public participation. Our institutions must be made credible and positioned to offer responsive services.
“The task is certainty not for Gen. Buhari and Prof. Osinbajo alone. When they offer leadership that ingrains the right mental attitude, everyone of us must also be ready to join them in the task of nation building. This is not the time for other arms of government to unduly antagonise desirable reforms. Let us all work cooperatively together in the collective interest of Nigeria, and be guided at all times by the Constitution,“ Fagbohun said.
•Eghobiamen
For Mr. Osaro Eghobiamen (SAN), the new administration should make honesty its watchword.
“My expectations are that the President-elect (with his strong military pedigree of discipline) and the Vice-President (with an equally accomplished pedigree in Law) will both seek to work on the ‘infrastructure of the mind’ by adhering honestly and sincerely to the fundamental objectives contained in section 23 of the 1999 Constitution (as amended) which states: The national ethics will be discipline, integrity, dignity of labour, social justice, religious tolerance, self reliance & patriotism.
“These principles must be consciously and strenuously pursued in the aftermath of an election campaign which was provocatively divisive. With particular reference to reforms in the administration of justice, my expectations are as follows: all courts should be technologically equipped so that they may perform their constitutional role, dispensing justice within a reasonable time. Enhance capacity in Justice Administration: this will apply to the administrative staff as well as judges at all levels. In this respect, the process of appointment, removal as well as welfare of Judges must be revisited to attract the best quality ( men and women of character and learning).
“Strengthen the financial independence of the Judiciary: the State Governors must be held responsible for the complete shutdown of the Courts on account of their refusal to adhere to the principles of financial autonomy. This present situation may lead to anarchy. Every State Governor is under a duty to ensure that the Judiciary is completely independent. Chief Judges are expected to reciprocate by exhibiting an optimal level of integrity.
“Transformation of the Criminal Justice System: In this respect, three major institutions will need overall reforms – the Nigerian Police Force, the Prisons systems as well as the Courts. The success of this administration must be gauged by its pursuit of social justice as well as enhancing the moral fibre that keeps us together as a nation” Eghobiamen stated.
•Oku
For Jibrin S. Okutepa (SAN), the judiciary must be well-funded.
“First let me congratulate Gen Buhari and Prof Osinbajo on their well deserved victory. Nigerians expect a lot from them. They have articulated three key areas that are crucial and critical, these are corruption, insecurity and unemployment.
“For me, they cannot tackle corruption efficiently and effectively without effective and efficient justice system that guarantees easy access and quick justice delivery system. They must fund the judiciary well, ensure that both our procedural and substantive laws are reformed to make their application peoples and users friendly.
“In this regard the incoming administration must tackle the problem of delayed justice. They must equally ensure that the rule of law and its application become sacrosanct and all who breach our laws must be punished without fear or favour. In composing their cabinet they must go beyond party loyalty and party men and women.
“The incoming government is on redeeming mission, all best hands must be sought and used in government. The security operatives must be re-organized to tackle corruption. The current system of arresting before looking for evidence cannot tackle corruption. In this regard the operation of the EFCC, the police, the Directorate of State Security (DSS), and other security operatives under the justice system must be re-organized.
“The Ministry of Justice must be headed by a lawyer who is thoroughly a professional of credit and repute. A lawyer who is morally and legally sound in knowledge and character and who can tell the government the truth without bias and ill motive,” Okutepa said
•Ubani
Former Ikeja Branch Chairman of of the Nigerian Bar Association (NBA) Monday Ubani described Buhari’s victory as the beginning of a new era.
“We are clearly overjoyed at the victory of Gen. Buhari and Prof Osibajo. We are happy at the cleansing of our country that has just taken place and the beginning of new era for the great nation of Nigeria. What gladdens most of us more is the seeming restoration of sovereignty back to the people. We as a people are careful to return all the glory to God for allowing this revolution to happen in our time and through our generation..
“We expect this new government that will be sworn in on the 29th of May this year to start running on assumption of office. No single time to waste, the truth is that Nigeria is lying prostrate, diminished and greatly violated as a nation for the last sixteen years. The people of Nigeria are on the edge, clearly impatient with any government that has no immediate answer or understanding what is at stake. Gone are the days and years where political actors who are not prepared for governance are forced upon the people. People who sought governance and understand its implications have been given mandate by the people and so no excuses will be entertained from them.
“The judiciary deserves special attention. An institution that interpretes the law of the land must be independent through and through, especially if we desire the enthronement of rule of law and the application of the principle that none should be above the law of the land. Therefore to complete its autonomy, the financial autonomy as enshrined in the constitution must be upheld by both Federal and state governments. Our judicial system is criminally slow and this must be addressed speedily. Factors that must be looked into to address this judicial lethargy are the issue of appointment of judicial officers(their qualification, their salaries and welfare, enthusiasm for the job and their moral integrity). More numbers of judicial officers should be appointed to ease the innumerable cases all over our jurisdictions.
“The states should be allowed to appoint the number of judges they need to man their judiciary. The present system of using NJC to appoint state judges is clearly faulty. The second issue is the review of our obsolete substantive laws and some of our procedural laws that act as a cog in the wheel of progress(for instance, interlocutory appeals on criminal proceedings should be abolished, these should be taken together at the conclusion of all trials). Our judicial system that still use long hand in taking proceedings and writing judgments in this 21st century is criminal and should be abolished forthwith. Our proceedings should be ICT driven from now onwards.
“All the basic infrastructures that makes for efficient justice delivery should be made available as a top priority immediately the government is sworn in. Things needed today for effective administration of justice are functional buildings with modern facilities like air conditioners, microphones and computers. Every judge must have lawyers as his research assistants and a recorder.
“Power supply must be constant in all the courts in the land. Everything about the judiciary must be functional. Non judicial staff must be looked into very urgently. Their salaries, allowances must be addressed expeditiously but above all, the issue of service of processes and execution of judgement must be overhauled if we are to make progress in justice delivery in Nigeria. There are so much troubles from that angle that impedes the operations of effective justice delivery.” Ubani said.
Former University don, Mr. Aina O. Salami said: “The result of the election of March 28, 2015 remains a watershed in the annals of the political history of Nigeria. While the outcome of this election clearly represents the yearning of Nigerians for change, we must however acknowledge the fact that the Buhari/Osinbajo Team is coming to governance at a time when the economy is pretty bad and almost every aspect of the life of the people has been badly hit and therefore need restructuring and resuscitation.
“With one hundred million Nigerians or thereabout reported to be living on less than one dollar ($1) a day, the coming new government should therefore be pro-poor and think more, act more for the poor and for the voiceless. The percentage of this group of people (over 60% of the population of Nigeria) obviously points to the fact that the incoming government does not have an enviable task.
“In the Justice sector of the Nation, the expected pro-poor policy of government should be seen in the area of support/assistance in aid of the poor to access Justice effortlessly and cheaply. Extensive prison reform need to be carried out too and of course overhauling the rights of the physically challenged and giving such rights the necessary prominence they deserve in order to build an egalitarian society. Fortunately the Vice President elect (Pro. YemiOsinbajo, SAN) has a wealth of experience to draw from as a former Lagos State Attorney-General and Commissioner for Justice who has done much in these areas before now.
“Apart from faith in divine being which Nigerians generally have as religious people, there is no doubt that the hope and expectation of Nigerians which is very high, is in the pedigree of these two (as people of integrity) that have been elected into the executive arm of government of this Nation, commencing 29th May, 2015.
•Olatoye
A university Don, Mr. Olatoye Kareem said: “The outcome of the election has already impacted positively on business confidence and economic climate generally. The capital market for instance railed on a positive note in an unprecedented manner while the Naira has also gained value against the dollars, a development attributable to the common dictum now amongst Nigerians called “Buhari effect”.
“Setting the agenda for the new government therefore l would say they must hit the ground running in areas of security, corruption, electricity, fast train and road networks, education, agriculture and Justice Sector reforms. All of these when properly implemented would effectively transform the economy, as most of the agenda elements are at the root of all problems we have in Nigeria.
“The Agricultural sector alone if properly handled is capable of giving employment to all unemployed youth in Nigeria. What is wrong with graduates engaged going to farm with ties on their necks as farm supervisors. A graduate is not discouraged taking up a job on the farm as long as he enjoys the same level of comfort, infrastructure and degree of dignity accorded those taking up white collar jobs.
“In the case of justice sector reforms, there is urgent need to reform the civil and criminal justice systems in Nigeria. The government needs to unearth problems of slow court processes which bring about delayed justice, an endemic phenomenon in the nation’s judicial system.
“The need for a functional court system capable of supporting a rapidly growing economy, guaranteeing basic rights and providing security and justice to all makes urgent reforms an imperative” Olatoye stated.
Mr. Nankin Bagudu said: “The two of them are a perfect combination in every sense of the word. They should know and realise that the greatest asset they have now is the trust and confidence of Nigerians as exemplified in the polls. this combined with hardworking Nigerians should enable them to maximise our natural resources to the fullest. I expect them to try new methods and new ways of doing things in Abuja. From day one let them tell us that no one owes us a living. We have to work hard to earn our pride of place on the world map. Also they have to help our country break our old fashioned, stupid and damaging prejudices that has become our way of life.
“I expect Buhari/Osibajo to be the first example of Nigerian leaders that would use our natural resources wisely. They must avoid extravagant expenditure on useless prestige/white elephant projects that we witnessed in many states and at the federal level in the succesive years such as governors squandaring billions on gangantuan government houses, airports, etc. They must invest in infrastructure, health and education, build up substantial reserve where it is possible and allow the private sector to thrive and eliminate or reduce corruption to the barest levels. They also need to revisit the Orosanya report and implement it to reduce waste. Also do something about pension scam especially of the security agencies. We understand many of the pensioneers have died but through connivance of the officals moneys are still been paid and shared. They should use every public function to talk about the challnges ahead and how they intend to tackel them. We should the new government two years, after which we shouldexpect to see.”
