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Tag: Lawyers

  • Lawyers: Service chiefs have failed Nigeria

    Lawyers: Service chiefs have failed Nigeria

    Lawyers yesterday condemned the postponement of the general elections, saying the service chiefs have failed Nigeria.

    According to them, there is more to the postponement than meets the eye because the battle against insurgency, which has not been won in six years, cannot be won in six weeks.

    The lawyers warned against actions that could result in a constitutional crisis even if the law makes room for a postponement.

    Those who spoke include Prof Itsay Sagay (SAN), former Nigerian Bar Association (NBA) President Oluwarotimi Akeredolu (SAN), Dr Babatunde Ajibade (SAN), Dr Joseph Nwobike (SAN) and Mr George Oguntade (SAN).

    Others are a professor of law at the Nigerian Institute of advanced Legal Studies (NIALS), Lanre Fagbohun, Chief Emeka Ngige (SAN) and activist-lawyer Festus Keyamo.

    Sagay said INEC exhibited its lack of independence and bowed to the rule of force in postponing the general elections.

    ‘‘Is it within the next two months that they want to quell Boko Haram that they have been unable to do these past years? This action will demoralise voters, create more expenses.

    “It just means that INEC has been influenced and no longer independent. Prof. Jega never said anything about postponement until the NSA did and was later joined by all the operatives of the PDP.

    ‘‘So it is correct to say that INEC has collapsed under pressure. Everyone took the postponement rumour for granted until PDP loyalists started raising dust about it.

    “This shows there is lack of independence and it will affect everyone’s disposition on the outcome of the election when it is eventually held since INEC can be pressurised into changing its mind,’’ said Sagay.

    Akeredolu said with the polls shift, INEC has confirmed that it is castrates in the present arrangement where it depends on the Federal Government for everything.

    “The Federal Government shenanigans in arriving at the ultimate postponement of the elections must be condemned by all well-meaning Nigerian.

    “What we have witnessed is ‘government magic’. They have just turned green to blue and electric to candle (apology to Fela),” he said.

    Oguntade said the decision appears to be a volte face on the part of INEC which, aware of the security situation for some time, had always maintained that the elections would proceed as scheduled.

    “What major calamity has therefore happened of late to warrant this sudden u-turn a week to the elections?

    “Furthermore, the security challenge that has been provided as an excuse for the postponement  has been going on for the past five years or so. What is the likelihood that in six weeks time, the security situation will be different from what it is today?

    “Again, what exactly is the numerical strength of the Nigerian Army and security agencies in Nigeria, such that they cannot continue their military activities in the North as well as provide necessary cover for the elections?

    “Is it that Nigerian Army is so weak and decimated that it cannot face offensives on the different fronts simultaneously? There are endless questions to be asked,” Oguntade said.

    Ajibade believes the Federal Government is playing a dangerous game that could precipitate a serious constitutional crisis.

    To him, it is not expected that INEC’s decision should be compelled by advice received from agencies of the government in power.

    “This derogates from the supposed independence of INEC and leaves it at the mercy of the government of the day.

    “There is no reason to believe that the reasons adduced for compelling this postponement, viz. the security situation in the Northeast of the country and a consequent shortage of military personnel will abate in six seeks, so what then?  A permanent postponement until the security situation abates?

    To Ngige, INEC has shown Nigeria to be a “never-ready country of unserious people where anything goes.”

    Keyamo described the postponement as the ruling party imposing its will on the umpire.

    “What started as a joke when the NSA flew the election postponement kite in London has become an ugly reality. The implication of this is that Nigerians should be vigilant from now on,” he added.

    Other lawyers said INEC was almost helpless and could not have gone ahead with the elections without security backing.

    Nwobike said: “In this instance, INEC has, through its chairman, adduced some reasons for postponing the election. Whether or not those reasons are compelling and verifiable cannot be questioned by public opinion.

    “What we should all do is to continue to have confidence in INEC and the electoral process.  In doing so, it behooves the political class and the political parties to manage the information that they feed their followers and members.

    Prof Fagbohun believes INEC should be given the benefit of the doubt. “The reason why this particular shift of date has become contentious and of concern to Nigerians is that there is suspicion of political meddling and interference in this latest decision of INEC,” he said, adding:

    “The responsibility of the Commission is to protect the suffrage rights of the people. To a very large extent and as far as humanly possible, INEC, in my view, has maintained a decent arm’s-length relationship with the administration.

    A Senior Advocate of Nigeria (SAN), Mrs Funke Adekoya, said the excuse that the military will be engaged in special operations for six weeks and so cannot guarantee security during the polls is not tenable.

    She said the army’s role is to protect Nigeria against external aggression, while the police focuses on enforcing civil obedience, including during elections.

    She said: “Two issues concern me; firstly is the military’s first function to provide internal security in the country. Their first function is to protect us from external aggression.

    “What happened to the Nigeria Police Force whose main role is to provide internal security? The military is to provide internal back-up, they are not the main actors.

    “Secondly, if in six weeks time the military say they are still engaged with Boko Horam what happens to our elections?”

  • Lawyers urged to stand for free, fair elections

    Lawyers urged to stand for free, fair elections

    Participants in the just concluded 2015 annual law week of the Nigerian Bar Association (NBA) Owerri Branch, have urged lawyers to ensure free, fair and credible elections.

    The theme of the law week was “ 2015  general elections in Nigeria: the task before the legal profession.”

    Imo State governor, Owelle Rochas Okorocha urged lawyers to help proffer solution to the country’s problems.

    He said: “When God chooses a man, there is nothing anybody can do about it, I respect lawyers because they  make and unmake the Nigerian state. So, the fear of  legal  profession is the beginning of political wisdom.”

    He expressed concern that the campaigns are moving away from issues, rather, the focus is now on ethnicity and religion.

    Okorochas said the Police, the Army, the Department of State Security (DSS) and money would play crucial roles in determining who wins elections. To the governor, whoever has control  over them usually wins.

    The branch Chairman, Mr. Stanley Chidozie Imo said  lawyers owe a duty not only to their clients, but to the country to uphold the rule of law and deepen democratic ideals and norms.

    Justice Mary Peter–Odili of the Supreme Court, who chaired the event, urged lawyers as ministers in the temple of Justice to always assist the court to arrive at the ‘justice of the matter.’

    Justice Odili said: “Firstly the role of the legal practitioner when faced with the disputes that would naturally occur at the end of the political battles in the fields of play precisely at the polling booths, the ward level, the local government and the state level collation centres as the case may be.  The election proper cannot be complete without taking into consideration the pre-election dissatisfactions, which may or may not be possible disputes warranting a recourse to the law court

    “Therefore, a responsibility is placed on him not to take on a brief that would only lead to an irritation of the courts as the perceived dispute,  when looked at properly,  may not be  more than a whimsical fancy of a politician seeking notice. When such a presentation occurs,  it behoves the legal counsel to render the required advice and urge the client to seek mediation outside of the court or to forget the perceived wrong, which would take the party nowhere.

    “For the umpire, judicial officers presiding in the various courts to which these disputes would be presented, there is a duty to ensure that the courts are not made an arena for frivolous petitions or processes that merely pander to the vanity of a particular legal practitioner seeking to display his legal prowess or knowledge of the law or allow a politician to create unnecessary tension with a pending legal process, which is dead on arrival.  In this case, the Judge is enjoined to terminate the process firmly and without temporising.

    “On the other hand would be a political dispute properly before court and one for which a decision would be made either way. There is no gainsaying the fact that justice must not only be done, but would be manifestly seen to have been done as the old adage goes.

    “There must be the fact within the sight of the judge at all times, that justice and peace go together none going alone because  when justice is compromised, peace can never be and no one including the judge,  ‘ is safe in  the environment that no longer knows peace and tranquility.”

    Examining whether there is conflict between the provisions of Sections 285 (6) (7) and 36 of the Nigeria Constitution, former Deputy Director, Nigerian Law School, Enugu Campus, Prof Ernest Ojukwu (SAN) said: “If two ideas, beliefs, stories, etc. conflict, it is not possible for them to exist together or for them both to be true.” Can Sections 285(6)/(7) of the Nigerian Constitution exist side by side with Section 36?

    Prof. Ojukwu said: “International Human Rights norms accept that the right of access to the courts is not absolute and that the right could be limited by matters related to issues of  court procedure and  limitation rules and have set some guidelines on which to base a review of national laws and practices on this derogation

    “Examples or the criteria for validating such laws and rules against access to justice have been provided by the United Nations ( UN)  Human Rights Committee and European court of  Human Rights as stated above. Using such criteria, one can conclude that Section 2R5 (6) and (7) of the Nigerian Constitution does not conflict with Section 16 of the Nigerian Constitution, but are permissible limitations under International Law on the right to access to justice.

    “Section 285(6) and (7) as stated earlier were inserted in the Constitution as an amendment to legal regime to cure a mischief brought about by a gap that tended to foist all Nigerians political leaders that were not chosen through the will of the people, the stolen mandate as it has been described. The trial and appeal limitations provided by the law give equal opportunities to both parties in an election petition. The period provided is reasonable and practicable; it does not “restrict the access left to the individual in such a way or to such an extent that the very essence or the right is impaired.” The provisions are also appropriate  between  the means employed and the aim sought to be achieved.

    Speaking on the legal profession and the task before it in the 2015 elections, the Keynote speaker, Justice P. C. Onumajulu, who is a former Chief Judge of Imo State,  identified  general task for all legal practitioners, lawyers at the Bar, the Bench and the general counsel.

    He said: “The term legal profession refers to the profession of persons, who are lawyers which in turn refers to persons who have had courses of training in law and have been inducted into the profession  by being ‘called’ to Bar and therefore, entitled to practice the profession of law in and outside the courts. The lawyer is a versatile professional for he may be a judge, a private,  official legal practitioner, a teacher of law in an institution a director or secretary of any, corporation or other public or private body or institution, a  civil servant, an office holder in any capacity etc.”

    He continued: “The lawyer at the bar in his duty to the court, must show absolute and total respect to the courts and tribunals before which he appears and assist such tribunals to discover the truth of the matter in litigation by frank, truthful and honest statements. correct procedural steps and justifiable actions. He should not hide facts to mislead the courts of tribunal.”

    “The duty to his client is to strive for honesty, and to the best of his ability and learning,  to put across the case of his client to the court to give sound legal opinion and be  courageous. He must know that  election matters have limited tenure and span, and interest of justice demands  that a complaint against an election by way of an election petition should be expeditiously heard and disposed of by the judge to enable the parties to such a petition know, in good time their relative positions. Time, therefore, is of strict essence in election matters. Thus, election petitions should be devoid of procedural clogs incessant and protracted adjournments that cause delay in the disposition of substantive issues and disputes therein

    “This is where the judge has a great task to face and in performing this task he must eschew all forms of bribery and corruption. He must be prepared and able, in spite of all odds, to dispense justice timeously, judiciously and judicially, avoiding in the process, all manner of technicalities that affect the merits of the petition before him because his role requires a high degree of honesty, integrity, transparency, courage and above all the fear and faith in God,” Onumajulu said.

    Former Director-General of Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Epiphany  Azinge (SAN) said there was the need to examine  the role of the Bar and Bench at this critical period of the national history.

    “It cannot be denied that many lawyers are already  looking forward  to the flurry of actives that will characterise the forthcoming elections in the nature of election petitions. For many,  the prayer is that the harvest should be plenty and bountiful. Some are eager to invoke the jurisdiction of tribunals for minute and insignificant reasons all because they want to partake in the sharing  or redistribution of the nations cake, for others their claim to fame is the posturing  of being close to one or two judges  in an election  tribunal.”

    Azinge continued: “There is no denying the fact that lawyers and judges have not fared well as far  as public perception of their role in election  petitions is concerned. This image must change. In some instances, post election violence have occurred because lawyers rightly or wrongly have advised that an election was not free and fair. We must be conscious of our responsibility to the wider society and not to ourselves, our advice and actions should be such that we can defend whenever called upon to do so.”

    Allegations of judicial corruption, he said,  resonates more in election petitions. “Judges must be careful not to be compromised by politicians. Politicians are naturally loquacious and therefore, cannot keep a bargain that transactions between parties are confidential. Win or loose at tribunals, politicians normally quote chapters, verses  and footnots of their dealings with interested parties. So, it is not in the interest of counsel or judges to have dealings with politicians. I hope that 2015 will mark the beginning of judicial  rebirth and that lawyers and judges will stand up to be counted as contributing positively not only to the integrity of the electoral  process,  but also ensuring that judgments of election petitions are unimpeachable,” he said.

    General Mohammadu Buhari, he said, at the Abuja Accord for non-violence on  January 14, delivered a scathing indictment on the judiciary in handling of election matters, saying they  must strive to do their job to the best of their ability. “Even at that, our judiciary remains one of the best in the world. It is my considered opinion that politicians should be careful on how they tarnish the image of the judiciary before the global community,” he said.

    Azinge said it is the responsibility of counsel to explain judgment of courts to their clients to avoid reckless and sentimental imputations by disputants.  “As at the time of preparing this address, the judicial workers were still on strike on. The timing of the strike is not too good for the nation. Firstly, it may not allow the impaneling of election tribunals and secondly most of pre-election matters in court many not be concluded before the election. I want to appeal to all well-meaning Nigerians to see to the immediate resolution of the issues the judicial workers are agitating for,” he said.

    Financial autonomy for the judiciary, he said, is not a matter for debate. “Indeed, states that are yet to buy into that policy should rethink and act immediately,” Azinge said.

    Tangentially related to this, in the words of Azinge, is the crisis rocking the judiciary in Rivers State. “This is not the time to reflect on arguments on both sides of the divide, but to clearly indicate that the image of the Nigerian judiciary has been badly dented by this episode. How can we sell the message that the judiciary is the last hope of the masses when the judiciary cannot resolve its own problem. I think the proper message to the judiciary is “physician  heal thyself,” he said.

    He appealed to the Chief Justice of Nigeria to ensure that the matter is speedily resolved. “May I also invite all well-meaning  members of the bar and bench to intervene and bring this matter to an end before the election starts on  February  14.  Everybody is invited to assist to ensure that we do not end up becoming  a failed state. As always, lawyers have a role to play in ensuring that the right things are done by the appropriate  authorities,” Azinge said.

     

     

     

             

     

  • Lawyers endorse Buhari/Osinbajo

    Lawyers endorse Buhari/Osinbajo

    The Nigerian Bar Association (NBA) Ikorodu branch has endorsed the All Progressive Congress (APC) presidential candidate Gen. Muhammadu Buhari and his running mate Prof. Yemi Osinbajo (SAN).

    In a statement by its chairman Mr. Dotun Adetunji and Secretary Blessing Ene the lawyers’ body said by virtue of their training and professional calling, lawyers are better equipped to advance the course of  societies.

    They urged  lawyers support Prof. Osinbajo who is a senior and leading member of the Bar.

    The statement reads: “In the words of the first Nigerian lawyer, Christopher Alexander Sapara-Williams (called to the English Bar in 1879 and the Nigerian Bar in 1898), ‘The legal practitioner lives for the direction of his country’.

    “Similarly, Article 14 of the Basic Principles on the Role of Lawyers adopted in Havana in 1990 loudly and unmistakably proclaims that ‘… Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognised by national and international law  and shall at all times act freely and diligently in accordance with the law and recognised standards and ethics of the legal profession.’

    ”It is against this background that the NBA Ikorodu Branch deemed it pertinent to unanimously endorse, and has unanimously endorsed, the candidature of General Muhammadu Buhari and professor Yemi Oluleke Osinbajo (SAN) of the All Progressives Congress (APC) in the forthcoming presidential elections fixed for February 14, 2015.

    “The NBA Ikorodu Branch in taking this monumental, historic and unanimous decision took cognisance of the elephantine deterioration, unprecedented decay, immeasurable irresponsibility, unjustifiable insensitivities, illegal actions and inactions coupled with limitless unconstitutional activities of the incumbent administration which have attained frightening dimensions and require urgent national massive electoral rejection and replacement with committed patriots and selfless nationalists such as the duo of General Muhammadu Buhari and Professor Yemi Osinbajo (SAN) with known unassailable track records of achievements, transparency, honesty, integrity, vision, selflessness, human capital development, institutions building and multiple-legacies development capacity.

    “The NBA Ikorodu Branch recall, with nostalgia and gratitude, that Prof. Osinbajo  between 1999 and 2007 when he served as Attorney General and Commissioner  for Justice under the able and amiable leadership of Asiwaju Bola Ahmed Tinubu, almost single-handedly transformed the judicial landscape, not only in Lagos State,  but in the Federation at large, commencing from bold outstanding conditions of service to all judges through reform of procedural rules (both civil and criminal), sustainable access to justice initiatives to qualitative, substantive and physical reconstruction of the justice sector.

    “Lagos State kick-started this uncommon pro-people and development-based phenomenon, the Federal Government and the other 35 States including the FCT had no option than to follow.

    “As a Legal Practitioner, well-schooled in the sociological perspective and believing that law is an instrument for positive social engineering, Prof. Osinbajo did not only permanently and positively effected changes in both the substantive and procedural laws, he had equally engendered enormous personnel re-orientation and positive attitudinal transformation in a very deep and wide systemic way…”

    ‘which other committed Chief Law Officers, both within and outside Nigeria, are still emulating un

    “As a visionary, progressive intellectual and world-class scholar, Prof. Yemi Osinbajo (SAN)’s universal reputation for personal integrity and national (if not global) acclaim for having re-shaped the country’s judicial sanctity and integrity clearly qualifies and presents him as the most appropriate Nigerian to join and work with General Buhari to rescue Nigeria and Nigerians from the ceaseless abyss of poverty, incompetence, inefficiency, insecurity, inept

    and myopic leadership and otiose mismanagement that are currently plaguing the country.

    “The NBA Ikorodu Branch reminds Nigeria and Nigerians that “though the beginning may be small, the latter end shall be great and prosperous” for us all with the duo of General Muhammadu Buhari and Professor Yemi Osinbajo (S.A.N) piloting the affairs of this country from May 29, 2015. The NBA Ikorodu Branch therefore urges all Nigerians to always plan ahead as “it was not raining when Noah built the ark”. Nigerians must obtain their Permanent Voters Card (PVC) and vote massively to ensure the desired change we all crave for and ensure a Greater Nigeria where insurgency, sundry government ins~nsi~ity, un-employment, mal-administration, lawlessness, injustice, obstinate disregard of rule of law and the due process is  truly a thing of the past and where justice and peace shall truly reign supreme”

     

     

  • Osinbajo  among ‘Nigeria’s Top 100 Lawyers’

    Osinbajo  among ‘Nigeria’s Top 100 Lawyers’

    THE All Progressives Congress (APC) vice presidential candidate, Prof Yemi Osinbajo (SAN), has been listed among the Top 100 Lawyers.

    In the first-ever industry-wide ranking, Osinbajo was adjudged by the City Lawyer magazine as “having received some of the highest nominations” from peers.

    Prof Osinbajo received a Bachelor of Law degree from the University of Lagos (UNILAG) in 1978 and was admitted to the Nigerian Bar in 1979.

    He received a Master of Law degree from the London School of Economics in 1980. Osinbajo is renown for his game-changing reforms and landmark achievements as Lagos State Attorney-General and Commissioner for Justice.

    Osinbajo was Head of Public Law at the Faculty of Law, UNILAG and Special Adviser to the Attorney-General of the Federation and Minister of Justice between 1988 and 1992.

    He has over 31 years of litigation experience including significant trial and appellate work. A Senior Advocate of Nigeria (SAN), Osinbajo is the Senior Partner at Simmons Cooper Partners, a leading commercial litigation and corporate commercial firm with multi-jurisdictional competence spanning Nigeria, the United States (US) and the United Kingdom (UK).

    He has conducted crucial constitutional and precedent-setting cases before the Nigerian Supreme Court. Some of these include fiscal disputes between the federating units and the federal government; disputes regarding the ownership and control of oil and gas resources; town and physical planning disputes between the federating units and the federal government; an international territorial jurisdictional dispute in the West African sub-regional court; shareholder disputes involving a multinational company, private investors and state-owned investment corporations, and energy disputes arising from multinational participation in power projects in Nigeria.

    A member of the International Bar Association and the British Institute of International and Comparative Law, Osinbajo has served in Nigeria’s Body of Benchers and Council for Legal Education. He is currently an independent Director of Citi Bank Nigeria and an Ethics Adviser to the board of the Africa Development Bank.

    He has also served in various capacities within the United Nations organization including serving as a staff member and Member of the UN Secretary General’s Committee of Experts on Conduct and Discipline of UN peacekeeping personnel.

    Osinbajo is Co-founder & Board Member of the Convention on Business Integrity and the Justice Research Institute Ltd. In 2007, he co-founded with his wife Oludolapo, “The Orderly Society Trust”, a non-governmental organization dedicated to promoting good governance among other objects. He is a lucid author and much sought after speaker both locally and internationally.

    He is actively involved in the pursuit of legal education and justice sector reform in Nigeria, and is Pastor at the Redeemed Christian Church of God, Olive Tree Parish, Banana Island.

    In honour of his contributions to legal reform and development, a compendium of essays on Nigerian constitutional law was compiled.

     

     

  • Lawyers: try ex-militants for treason

    Lawyers: try ex-militants for treason

    On January 14, the two leading presidential candidates, Dr. Goodluck Jonathan of the Peoples Democratic Party (PDP) and Gen. Muhammadu Buhari of the All Progressive Congress (APC) and others signed the  Abuja peace accord. Under the pact, they promised to ensure peaceful elections.   But in violation of the treaty, former Niger  Delta militants have threatened to unleash terror on the nation if President Jonathan loses the February 14 election. To the dismay of Nigerians, the authorities are not calling them to order.  Is this right? No, say lawyers, who are asking security agents to arrest and prosecute the former militants,  reports  ADEBISI  ONANUGA.

    Some lawyers have backed the call by a former Minister of Defence, Lt.-Gen. Theophilus Danjuma, for the arrest and prosecution of former Niger Delta militants, who are threatening to cause trouble, if President Goodluck Jonathan loses the February 14 election.

    Gen. Danjuma, who spoke in Kaduna last Wednesday, urged the Federal Government to arrest the militants before the nation is plunged into chaos.

    He described the threat as “reckless”, stressing that it is against national unity and capable of plunging the country into war.

    The former militants made the threat at a meeting in the  Government House, Yenagoa, Bayelsa State. At the meeting were Mujahid Asari Dokubo, Victor Ben Ebikabowei (alias Boyloaf) and Government Ekpudomenowei (alias Tompolo).

    Also there were the Special Adviser to the President on Niger Delta Affairs and Chairman of Amnesty Implementation Committee, Kingsley Kuku; Governor Seriake Dickson and  President-General, Ijaw Youth Council, Udengs Eradiri, among others.

    Dokubo-Asari deplored alleged intimidation of the Ijaw, saying the people cannot take it any longer. He said: “For every Goliath, God created a David. For every Pharoah, there is a Moses. We are going to war. Everyone of you should go and fortify yourself.”

    Boyloaf condemned the attack on President Jonathan’s convoy in the North, saying nobody has the monopoly of violence. He said there is nothing like one Nigeria, pointing out that oil is the only thing that binds the country.

    Last Thursday, Tompolo restated the threat. He said: “Gen. Danjuma and his cohorts should know that I remain resolute on my position in Yenagoa, Bayelsa State, that President Goodluck Jonathan must win this election for Nigeria to continue to stay together.

    “Is it the interest of Nigeria Gen. Danjuma is protecting or his oil bloc in the Niger Delta?  Is it the interest of Nigeria Danjuma is protecting or his 50 million dollars donation to Gen. Buhari for his campaign? Let Gen. Danjuma and his cohorts know that they will not see any Ijaw man, the Igbos and others to fight on their side if the war that they are planning broke up,” he added.

    Observers see the threats as being against the spirit of the January 14 peace accord signed in Abuja by all the presidential candidates.

    When on January 14, the peace accord was signed, Nigerians believed that the agreement would engender a peaceful conduct of the elections.

    Many heaved a sigh of relief watching President  Jonathan and the All Progressives Congress (APC) presidential candidate Gen. Buhari, in warm embrace.

    The ‘Abuja Accord,’ commits the presidential gladiators and their political parties to peaceful electioneering campaigns and polls. They were also expected to ensure that the elections are devoid of violence.

    However, the inflammatory statements coming from the militants, who fear that President Jonathan might not have a chance at second term, have been massively condemned.

    Although the police and the Department State Security (DSS) threatened to move against anyone who makes inciting statements in the run up to the elections, no arrests have been made.

    Lawyers have condemned the threats, calling for the arrest of the former militants.

    Among those who spoke are Mallam Yusuf Ali (SAN); Chief Godwin Obla (SAN); a former Ikeja Branch Chairman of the Nigerian Bar Association (NBA) Monday Ubani; a member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi; Adesina Adegbite; Lagos lawyer, Theophilus Akawana; constitutional lawyer and author, Frank Agbedo, and  Olukayode Enitan.

    Ali said: “The threat should not be taken lightly. And I want to think that it may be deeper than we thought. I believe that desperate politicians may be behind the whole orchestrated threat of violence. These are people, who were rewarded for their militancy. They were adequately rewarded both officially and unofficially for the reason of the terror they unleashed on Nigerians. I think they should not stretch their luck. The people should remember that violence begets violence. And no group of persons anywhere in the world has a monopoly of violence.

    “But more than that, they’re bringing down the very high office of the President. In spite of their denials, they are portraying the President as an ethnic jingoist or tribal warlord.”

    Obla described the threats as unacceptable, saying: “The election will be determined in accordance with democratic process. This threat is actually treasonable and cannot be condoned. People should campaign and sell their candidates rather than threaten thunder and brimstone. The PDP must distance itself from these characters.”

    Ubani said any threat against Nigeria from any quarter is condemnable. He added: “By the way, the choice of who will lead Nigeria from May 2015 is clearly in the hands of the majority of Nigerians whose singular prayer this time is for INEC to organise  free, fair and credible election this year.

    “The government of Nigeria should show that they are in charge of the entire country, they ought to issue a condemnation note of warning through appropriate security agencies against any treasonable threat against the country. In short, a strong warning ought to have been issued against persons, bodies threatening to wage war against the country if they do not have their way.

    “Nigeria is clearly at the crossroads with these threats against  the state coming from all the corners of the country. What will save Nigeria apart from God is for us to be sincere to ourselves and admit the fact that there is structural imbalance with the way the country is structured. We need to restructure Nigeria to run a true federalism due to our heterogeneous nature. True federalism is what is proper for this multi ethnic and religious country.

    “Power at the centre must as of necessity be cut down and allowance given to the federating units to be autonomous enough to run a competitive governance. Nigeria will remain under war and threats of war if we continue to run the country the way it is presently structured,” said Ubani.

    Omoyinmi described the  statement  by the duo of Dokubo and Tompolo as “totally reckless and out of place” and one which must not be taken likely, especially that same was made during the preparation for election that is already heating up the country through various campaign by political parties.

    Omoyinmi said the government must strongly condemn the attitude of both men vehemently and sanction them so that such statement would not further instigate the politics with violence or reckless statements in response from other quarters.

    He said the threat to blow up oil installation should President Jonathan lose election is treasonable if it eventually occurs and it is criminal.

    Akanwa said the threat is totally uncalled for and should be condemned by all well meaning Nigerians. “The security agents should investigate and bring to book all those making such utterances. I do not think it was the so called Niger Delta militants that brought President Jonathan to power ab initio. It was the Nigerian masses. The power to return him or not rests squarely on the masses,” he said.

    Another Lawyer, Enitan, lamented a situation whereby the presidency is being made to look like a family inheritance.

    “The fault is not theirs; it’s ours for allowing to become our President an individual, who as the days of his presidency draws to an end, is descending from being President of Nigeria to being President of the Ijaws.”

    In apparent reference to the threats of the militants, Enitan regretted that they (militants) have obviously “reduced the presidency to the status of the stool of an Amanayanbo or Oba of their village”. “They should be informed that when Nigerians voted for Jonathan in 2011, it was not because he was an Ijaw man, but as a Nigerian and as a statement to everyone that the office of the President is not the right of any particular individual nor section but for whosoever Nigerians decide to give it to by their votes. If Nigerians choose not to re-elect him, it’s also because they have decided that they want another person as President,” he said.

    He described the militants’ threat as reckless. “That their statement is reckless is an understatement, a stronger word fails me, else I would have used it! Unfortunately for them, it is true that the President’s victory is not negotiable, as the time to negotiate the victory has passed. They all had the opportunity to negotiate it in the past six years when they had unfettered access to the resources of the nation and were receiving juicy ‘security’ and procurement contracts, but rather than use that access to better the lot of Nigerians and the people in their states, they were busying themselves with the purchase of jets and investing in countries other than Nigeria with obvious belief that they will have many more years to engage in such recklessness without let or hindrance from Nigerians. Now that they see that the people are about to take a decision, they’ve decided to issue silly and infantile threats,” he said.

    Agbedo said the threat is “totally unlawful and unconstitutional.” He added: “It must therefore, be condemned by all right thinking citizens irrespective of ethno-religious and political persuations as it constitutes grave danger to national unity.

    “Although the freedom of expression is a right guaranteed by Section 39(1) of the 1999 Constitution, this right, like other equally guaranteed rights, is not absolute, but has been watered down by the provisions of Section 45(1) of the same Constitution, which makes provision for derogations from rights preserved under Sections 37, 38, 39, 40 & 41 hereof in the overriding interest of national security, public safety, public order or for the purpose of protecting the rights of other people in the country.

    “There is, therefore, no hiding place or sanctuary under the law for these purveyors of violence, who must be made to face the wrath of the law for their incendiary and egregious threat to the peace and unity of this country.

    “The government must take appropriate and concrete action beyond merely condemning the actions of these groups. In taking such actions the approach must be holistic and not selective to ensure equal treatment to all those implicated in the dastardly and thoroughly ill advised conducts. There should be no sacred cows,” he said.

    Adegbite said it is so sad that Nigeria has degenerated to the level that everybody now makes all manners of careless, reckless and provocative statements. “Unfortunately, the reckless statements have often been treated most inappropriately by the government and the Nigerian security agencies. What we are witnessing in recent times particularly the most irresponsible outburst by the so called Ex Niger Delta militants, who I will rather call power drunk war mongers is very disturbing.

    “For the militants to issue threat that if Jonathan is not re-elected, they will enthroned violence on the land is a direct threat against the state and the peace of the country. This certainly is contrary to the constitution of the Federal Republic of Nigeria and it is an act punishable under the Criminal Code. Section 37 (2) of the Criminal Code provides thus:

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

    “It is very clear that the actors involved in this threat against the state of Nigeria are no better than Boko Haram terrorists and the law on Treason would have to be activated against the enemies of the unity of Nigeria.

    “Therefore, I totally agree with the call by Gen. T. Y Danjuma that they should be arrested and I must add, prosecuted. The security agencies must impartially rise up to their responsibilities and be unbiased in the discharge of their duties. Mr. President must also prove to us that he is not a President for the Ijaws, but the the President of the Federal Republic of Nigeria.

    “All well meaning Nigerians must rise against all manners of irresponsible call for violence and threat to the unity and peace of the country,” Adegbite added.

    Omoyinmi suggested that the federal government should, however, not standby idly and allow the country to be plunged into unnecessary crisis by the unguarded statements emanating from the militants.

    Enitan  asserted that the militants and their leaders have committed several offences for which they should be charged for incitement to violence; threat to the citizenry with a view to predetermine the outcome of an election; threat to the country by threatening the source of revenue of the federation; treasonable felony by threat to ceceed and unlawfully threatening to appropriate national resource. “They can also be charged under the terrorism act,” he said.

    For now, Enitan said what should be done is to keep the militants under very close watch with a view to preventing them from actualising their dastardly acts. “After the elections if the President is not re-elected, their monitoring should be heightened and once they are found tending towards actualisation, they would then be arrested and dealt with according to law,” he said.

    He added: “Suggesting to the government how to deal with the duo and others of their ilk would serve no purpose as the government would not look at any suggestions and a clear pointer to this is the fact that it took the government about seven days to dissociate itself from the statements and only after Gen. Danjuma had spoken.”

     

     

  • How to make anti-violence pact work, by lawyers

    How to make anti-violence pact work, by lawyers

    Eleven candidates for the February 14 presidential election and their parties endorsed an anti-violence pact in Abuja last Wednesday.To lawyers, although such agreement is not tenable in law, it is symbolic, and could serve its purpose, but with the sincerity and commitment of politicians.  Eric Ikhilae reports. 

    Those in the race for next month’s presidential election have pledged to ensure a violence-free exercise. President Goodluck Jonathan, Gen. Muhammadu Buhari and nine other candidates signed an accord last Wednesday to maintain peace. They also pledged to stop vicious campaign comments which could affect the conduct of a free and fair exercise. But how can this pact be made to work?

    The agreement was part of measures to avert a recurrence of the violence which occured during and after the 2011 general elections.

    The presidential candidates signed the pact at a 2015 General Elections Sensitisation Workshop on Non-Violence in Abuja.

    The session was hosted by the Office of the National Security Adviser and Office of the Special Adviser to the President on Inter-Party Affairs.

    The two offices were supported by the European Union(EU), UKaid, UNDP, IRI, the Foreign Affairs, Trade and Development Canada, and the National Institute for Policy and  Strategic Studies (NIPSS).

    The politicians committed themselves, their parties and supporters to the following:

    •To run issue-based campaigns at national states and local government levels. They pledged to refrain from campaigns that will involve religious sentiment, ethnic or tribal profiling, both by themselves and all agents acting in their name.

    •To refrain from making or causing to make in their names or that of their parties any public statement, pronouncement, declaration or speeches that have the capacity to incite any form of violence before, during and after the elections.

    •To forcefully and publicly speak out against provocative utterances and oppose all acts of electoral violence whether perpetuated by their supporters and, or opponents.

    •To commit themselves and political parties to the monitoring of the adherence of this accord, if necessary, by a national peace committee made up of respected statesmen and women, traditional and religious leaders.

    •All the institutions of government, including INEC and security agencies, must act and be seen to act with impartiality.

    The development has been hailed and described as symbolic, with the capacity to discourage electoral violence this time.

    Nobel laureate Prof Wole Soyinka endorsed the pact, saying it was “a positive step” and praised the organisers. Soyinka said he hoped 2015 would prove to be a “live-and-learn election year, not a do-or-die.”

    However, there are fears in some quarters that the politicians may not walk their talk. How will they control their passionate supporters? Is the pact capable of thawing the general apprehension over the possible outcome of the elections?

    Those who think the pact marks a step in the right direction are of the view that it was the first time in the nation’s recent history when major players in electoral contests are made to pledge to discourage violence and to openly demonstrate act of comradeship.

    They argue that the published photographs showing President Jonathan, locked in a warm embrace with Gen Buhari, with both men smiling broadly, was capable of sending the message that the quest for political powers should not be at the expense of societal peace.

    Others however believe the general apprehension is excusable in view of the nation’s electoral history, coupled with the philosophy that now drives partisan politics in the country. From the First Republic, through the Second, the abortive Third and the current Republic, violence has become a regular feature.

    Politics in the country is now driven by the do-or-die philosophy; a belief system built on the warped mentality that it is a taboo for an incumbent to lose election. The stake is further raised by the fact that in this clime, the allure of political offices is more tempting. Politics has become the most lucrative business in the country. Known paupers often land in grand opulence overnight by either merely holding political offices (to which they add no value) or being close to someone at the corridors of power.

    Critics argue that what is required for peace to reign during and after the elections is for state institutions, charged with electoral duties to be fair, transparent and impartial. They contend that such an agreement (as endorsed last week by 10 presidential candidates and their parties), aside from being “a gentlemen’s agreement,” is not enforceable in view of the difficulties involved.

    They argue that what was needed was the political will by those in government to strengthen state institutions and provide necessary measures to effectively punish electoral offenders.

    They observed, for instance, that, for almost four years, President Jonathan could not muster the zeal to follow through his pledge to establish the Electoral Offences Commission, a body he promised to set up on assuming office in 2011. The Justice Mohammed Uwais-led Electoral Reforms Committee (ERC) had suggested the need for such a body with the power to investigate and prosecute election-related abuses.

    The commission, as proposed by the ERC, would have the principal responsibility for investigating and prosecuting electoral offenses under the Electoral Act, including incitement, the use or threat of violence, bribery of voters or election officials, theft of ballot materials and falsification of election results. A Bill to that effect is still pending before the National Assembly.

    Observers are of the view that a more pragmatic way would better serve to discourage the recourse to violence, and assuage the fear being nursed by many about whether or not the circle of violence will recur this year.

    There is also the concern about the inability of state institutions to remain impartial, be guided solely by state’s interest and refuse to act in favour of the incumbent.

    This, observers argued, raises a serious issue in view of the recent conduct by the leadership of the Nigeria Police Force and the Department of State Services (DSS).

    They contend that where the Inspector General of Police (IGP) chooses to “interpret and apply” the Constitution by withdrawing security aides attached to some individuals, who defected to opposition parties, but ignores the same Constitution when politicians decamp to the ruling PDP, does not show an IGP that will be impartial during elections.

    They equally observed that a DSS that prefers invading the offices of opposition parties, while raising false alarm plans to hack into the database of the Independent National Electoral Commission (INEC), even when INEC did not complain about such threat, did not guarantee fairness.

    Observers suggest that in view of the central roles both institutions (Police and DSS) play during elections, they should do more to shed the current partisan image they currently exhibit.

    Lawyers, including Sebastine Hon (SAN), Joseph Nwobike (SAN), Femi Falana (SAN) and Mahmud Magaji (SAN) expressed varied views about the benefit of the anti-violence pact. While some dismissed it as being worthless, others believe it could serve useful purposes.

    Hon described the development as symbolic.  He noted that was the first time when major political contenders are made to openly pledge their intent not to be violent. He said was hopeful it will curb the tendency to resort to violence.

    “Everybody saw it on television and read it on the newspapers. So, to an extent, I think it was a plausible effort.

    “But I do not think it is binding on any of the candidates who signed the agreement. There are several Supreme Court’s authorities that say for a candidate to be held liable for electoral offences, you must prove his direct involvement or participation in the violent act for it to affect the outcome of the election or the candidate himself.

    “I think it all depends on the sincerity of the candidate. If they are sincere and committed to the agreement, their supporters – because they both have cult-like followership – will see the need to avoid violence. I hope the candidates are sincere and abide by the terms of the agreement,” Hon said.

    Nwobike, who described it as a good development, noted that it lacked the capacity to “generate any peace-capital. I do not think that agreement will achieve any purpose. The reason is that the candidates, who signed the agreement, cannot control their followers.

    “Secondly, a lot of things have happened in the past that tend to suggest that such arrangement cannot really work. When the  presidential candidate of the APC lost election in 2011 about 11 Youth Corps members from the South were killed.

    “They were not killed by you and I. They were killed by the miscreants. There is no evidence that it was the candidate who asked them to kill. But it is very clear that those who carried out the killings did not even seek the man’s instruction to kill, and so, he could not even restrain them. There were crises here and there in some PDP states to.

    “Let me also say that it is a good development. It is good that it was signed. It is good that the politicians have bound themselves to the terms of that agreement. It now presents a benchmark on the basis of which we, the electorates, can assess these candidates and their political parties,” Nwobike said.

    Falana argued that the signing of the pact was a waste of time on the ground that none of those who signed the peace accord could be made to account for any uprisings that may happen after the elections.

    He said the country should be work to ensure that electoral offenders are prosecuted rather than signing an accord that will never work.

    Magaji argued that such agreement was not enforceable. He noted that it was impossible to directly link those who signed the pact with the actual perpetrators of violence. He said what could prevent violence was where the umpire is fair and transparent in its handling of the exercise.

    “Where 100 per cent of the registered voters in a particular state or local government is recorded to have voted for a single party, you begin to ask: Was it that nobody travelled, died or left the state between the time of voters’registration and the time of election? Was it that the candidates or leaders of the other parties did not vote for their parties or themselves?

    “When such things happen, it will be very hard for you to convince the people that nothing went wrong. Where there is over voting, it shows clearly that there is rigging. In such instance, it will be difficult for you to tell ordinary Nigerians that they should exercise patient while we explore due process, because the umpire itself, did not follow due process.

    “The contract/agreement is a welcome development for some reasons. First, it cast a moral burden on the aspirants. Second, it is going to stabilise the polity, and third, it will, to a certain extent reduce the chances of violence. But fairness and transparency must be the watchdog of INEC,” Magaji said.

    Although views are divided about the legal worth of the anti-violence pact, there appears to be a point of convergence, which is the fact that a repeat of the nation’s ugly electoral history is avoidable where all Nigerians, particularly the major players, resolve to ensure that the process is fair and transparent.

     

     

     

     

  • Lawyers walk for Buhari, Osinbajo

    Lawyers walk for Buhari, Osinbajo

    Hundreds of lawyers staged a “Walk for Change” campaign yesterday in support of the All Progressives Congress (APC) presidential candidate, Gen. Muhammadu Buhari and his runningmate Prof. Yemi Osinbajo.

    Led by the National Coordinator of the Lawyers4Change, Adesina Ogunlana, the lawyers walked through some major streets in Ikeja, campaigning for a change of government at the Federal level at the February 14 elections.

    The walk took off from the Bar Centre of the Nigeria Bar Association (NBA), Ikeja, through Oba Akinjobi Way, Oba Akran Road, Obafemi Awolowo Way, Allen Avenue, Toyin Street, Olowu Street and back to the centre.

    Addressing the crowd at the Obafemi Awolowo junction and Alade Market, Ogunlana urged the people to vote for a change of government during the general elections.

    He said Buhari and Prof. Osinbajo would bring integrity into the country’s governance.

    According to him, the combination of Buhari and Osinbajo represented honour, integrity, hardwork and the rule of law.

    Describing them as system-builders, Ogunlana urged the people to support the ticket, which he insisted represented a change from the present bad government.

    He urged the people to ensure that they collect their Permanent Voter Cards (PVCs) so as not to be disenfranchised.

    The National Coordinator, Voters Awareness Initiative, Wale Ogunade, who campaigned to the Hausa community at the Alade Market, urged them to vote for the APC presidential ticket.

    Ogunade assured the market men and women that a government of Buhari and Osinbajo would provide the enabling environment for their businesses to prosper and develop.

  • Discovery Air meets passengers, lawyers

    • Set to meet NCAA’s conditions

    Discovery Air yesterday began series of meetings with passengers and their legal representatives that lodged complaints with it and the Nigerian Civil Aviation Authority (NCAA).

    The meeting, it was learnt is part of efforts by the carrier to restore the suspension of its operating license by the NCAA.

    The regulator had announced the suspension of the Air Operators’  Certificate (AOC) of the airline over its failure by the airline management to meet certain lapses pointed out in its operations.

    Chairman of Discovery Air, Mr Babatunde Babalola said the airline has commenced the resolution of issues raised by the NCAA in its last audit.

    Babalola said the NCAA wrote a letter to the airline to inform it of lapses in its operations, which, he said bordered on cancelled and delayed flights during the Yuletide holidays .

  • Lawyers root for Osinbajo

    All Progressives Congress (APC) vice-presidential candidate Prof Yemi Osinbajo (SAN) was the toast of his colleagues last weekend as they urged the electorate to vote for him.

    A group of lawyers under the auspicies of Friends of Osinbajo, also called for more support and volunteers towards the realisation of his vice-presidential bid.

    Colleagues, friends  and well wishers expressed confidence that Nigeria would experience change with Osinbajo as Nigeria’s number two citizen.

    Osinbajo is APC Presidential candidate Gen. Muhammadu Buhari’s running mate. Speakers said their ticket remains the one to beat.

    A former Director of Public Prosecutions (DPP) and Commissioner for Lands in Lagos State, Mr. Fola Arthur- Worrey described Osinbajo as a man of sound moral  convictions whose views, philosophy  and commitment to the rule of  law contributed immensely to the development of Lagos State judiciary.

    Former Attorney-General and Commissioner for Justice in Lagos State, Mr. Supo Sasore (SAN) said the Office of Public Defender (OPD) which  Osinbajo introduced into Lagos State judiciary during his tenure as Attorney-General and Commissioner for Justice contributed greatly to the speedy dispensation of justice and provided access to justice for the less-privileged.

    Sasore attributed his success and achievements to the solid foundations laid by Osinbajo, his predecessor.

    Osinbajo graphically showed how support and popularity for  the APC has grown across the country in recent months.

    He said by the grace of God, APC would win the forthcoming presidential election.

    Osinbajo said: “ We have an incredible opportunity for change in this country. It has never happened before that you have an opposition that is capable of taking over the government of the country. It is clear that the APC has a clear chance of winning the election come February.”

    Prof. Osinbajo said he has had the opportunity of interacting with Gen. Buhari.

    “One thing is very clear, that Buhari is absolutely committed to this country and that is very important to him.

    “All of us must take the issue of corruption and transparency very seriously because the issues around corruption are largely responsible for the problems of this country today,” Osinbajo said.

    Osinbajo said while their administration would deal decisively with corruption, setting up probe panels would not be the solution.

    Rather, he said, those found to have engaged in corruption would be prosecuted.

    “For instance,  about 400 barrels of crude oil  is reported missing from the country everyday and if you calculate this, it is equivalent to  the money that  the Federal Government and all the states share every month. APC government at the centre will stop corruption in high places.

    “Corruption is so pervasive in the country today that if you get to the office and begin to  investigate  people, you won’t go far,  how many people will you investigate?” he asked.

    He also spoke on how APC administration intends to reduce unemployment.

    “As an emergency measure, we shall create about 20,0000 jobs  for unemployed youth and this will alleviate their sufferings. We shall give stipends to our graduates till one year after their National Youth Service to enable them move round and look for jobs.

    “During this time,  we shall provide them with some entrepreneurial  skills to enable them to be self employed. We shall give more incentives and encouragements to the banks and other employers of labour so that they employ more hands. The power sector will be revamped to make electricity available to more Nigerians.

    “You cannot build a gas infrastructure in less than 15 years,  but we shall encourage more Independent Power Plants (IPPs) as experimented in Lagos State. Small IPP here and there will meet the electricity needs of the people. We must look for a way to make sure that electricity transmission is privatised.”

    He also spoke on APC’s social security plans.

    “APC government will provide social security for the disabled and elderly ones in the country. This  is already being practised by Osun State government. Osun is the poorest State but one in Nigeria, yet it is able to fund this, paying between N10,000.00-N20,000.00 monthly stipend to this class of Nigerians to alleviate their sufferings. We shall provide lunch for School children in the country. Research has shown that children who take launch in school across the world do better than those who do not take launch. Government must concern itself with the welfare of the people”

    Prof. Osinbajo said  APC has taken time to research and came out with a manifesto which has been presented to those who will implement it, Gen. Buhari and Prof. Osinbajo himself, by the grace of God, within one year of the inauguration of the government of Gen. Buhari  at the centre,this country will no longer be the same again.”

     

     

     

     

     

     

     

     

  • ‘How lawyers in govt can remain relevant’

    Lawyers working in  government have been  urged to make continuing legal education a priority if they must remain up-to-date with new legal principles.

    Speakers at a three-day development course for lawyers in the Delta State Ministry of Justice said lawyers in public service must regularly update skills and knowledge to remain relevant.

    The Attorney-General, Mr. Charles Ajuya (SAN) said the course was designed to enable participants improve their legal skills.

    According to him, a well-equipped counsel will not only benefit himself, but will add value to the state.

    Former Nigerian Institute of Advanced Legal Studies  (NIALS) Director-General, Prof. Epiphany Azinge (SAN), who was one of the speakers, said the development course afforded him the opportunity to translate NIALS experience into practice in Delta State.

    He stated that the course was  designed as a capacity building programme  for the participants.

    Addressing participants, he said: “It  is  customised because  it is based on ideas from you. It is a clear amalgam of all the needs of the departments and parastsals.

    “Therefore your understanding of the course is necessary for you to address the problems of your ministries and equip you with the capacity to face the challenges of a globalised world.”

    Others speakers included former Director of Public Prosecutions in Lagos State, Mr. Fola Arthur-Worrey who spoke on criminal prosecution and  legal opinion writing techniques; former Nigerian Bar Association (NBA) president Chief T.J. Onomigbo Okpoko (SAN) spoke on case preparation and appeals, and Ken Mozia (SAN) who discussed  case management and fast track litigation.

    Prof. Emeka Chianu discussed Land acquisition challenges and prospects, while former chairman of NBA Ikorodu branch, Nurudeen Ogbara presented Prof. Lanre Fagbohun’s paper on class action litigation and environmental law practice.

    Chairman Mid-Western Bar Forum, Ferdinand Orbih (SAN) discussed new trends in the law of evidence while Prof. Azinge (SAN)  discussed Government legal advisers, Legal writing and law reporting.

    He also discussed legislative  drafting and legal drafting in conjunction   with Prof. Paul Idornigie while Mr. S. V. Omekeh discussed public  civil rules and application,  ethics,  code conduct, minutes and memo writing.

    Prof. Mike Ikhariale discussed constitutional and human rights while Prof. Paul Idornigie discussed commercial agreements, ADR, Arbitration and MOU while  Albert Akpomudge (SAN) discussed brief writing.