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  • Lawyers drum up support for Buhari/Osinbajo ticket

    Lawyers drum up support for Buhari/Osinbajo ticket

    The A group, ‘Lawyers for Change’has urged Nigerians to vote for the All Progressives Congress (APC) presidential candidate, Gen. Muhammadu Buhari, and his running mate, Prof. Yemi Osinbajo (SAN), at the general elections.

    The group promised to mobilise the people to endorse the ticket at the poll.

    Speaking at the inauguration of the group in Lagos, the National Coordinator, Adesina Ogunlana, said the ticket “represents the best option now for the salvation of our country from the misrule of incompetent and selfish leaders.

    He added: “That is why we identify and support credible participants in the political process, irrespective of ethnic, religious or party affiliation, who can lift our country out of her myriad of socio-economic and political problems and move her forward”.

    Ogunlana, a former first Vice Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, said when Osinbajo emerged as the vice presidential running mate to Buhari, Nigerians discovered the alternative route to power. He said the election will be very challenging, urging menof goodwill to rise to the occasion.

    Ogunlana stressed: “That is why we have come together to let the people know that Yemi Osinbajo is not just any other presidential candidate. “We want Nigerians to know that the distinguished professor of Law and learned Senior Advocate of Nigeria(SAN) whom the APC has paired with Buhari for 2015 presidential elections is an exceptionally gifted, surpassingly decent and a very progressive-minded individual”.

    “Our group is highly interested in and committed to the betterment of the country which we believe is bedevilled by many self-inflicted injuries as a result of which her prosperity, development and stability are badly compromised”, he said adding that what Nigeria needs now is urgent rescue from her myriad of economic and political problems.

  • Future of judiciary, by lawyers

    Future of judiciary, by lawyers

    With elections coming up next month, all eyes will be on the judiciary, which will handle post-election cases. How will the election tribunals acquit themselves? Ensuring that they live up to expectation will be a major challenge for Chief Justice of Nigeria (CJN) Mahmud Mohammed,who assumed office last November. Lawyers argue that his management  of the tribunals and other vital issues will determine how the judiciary fares in 2015. PRECIOUS IGBONWELUNDU reports.

    THE handling of post-election cases may turn out to be the baptism of fire for Chief Justice of Nigeria (CJN) Mahmud Mohammed, who assumed office last November following the retirement of his predecessor,  Justice Aloma Mukhtar. Lawyers and politicians hope that Justice Mohammed will ensure that election tribunals are not put under pressure.

    To some analysts, Justice Mukhtar enforced discipline in her time by dealing with judges who were found wanting. They recall that some judges were dismissed, retired, suspended or warned for misdemeanours.They also noted the improvement and upgrading of courts and infrastructure as well as landmark judgments that helped in strengthening the judiciary, all under Justice Mukhtar’s watch. Will things be better under Justice Mohammed?

    What should be done to ensure that justice is done without fear or favour in 2015 and beyond?

     

    Lawyers’ expectations

    Arguing that lawyers should ensure free and fair elections next month, Nigerian Bar Association (NBA) president Augustine Alegeh (SAN) said: “We must individually and collectively shun any action that may negatively affect the 2015 general elections. Our development and advancement as a nation are dependent on the leaders that we elect as well as the entire electoral process.”

    A maritime law expert, Mr Mike Igbokwe (SAN), urged the CJN to speed up justice delivery, especially in admiralty cases, and to focus on workers’ welfare.

    His expectations from the CJN and the judiciary include: “Taking all reasonable steps to ensure speedier administration of justice than we have now as justice delayed is justice denied; and ensuring the empowerment of the  judicial officers and staff to discharge their duties effectively and efficiently, thus avoiding denial of justice by delaying justice.”

    He said the universal principle that admiralty matters must be expeditiously heard and determined must be encouraged.

    “Since 1999 when election matters started rising and taking the attention of the judiciary, the hearing and determination of admiralty matters by the trial and appellate courts had gradually been relegated to the background,” Igbokwe said.

    For Dr Joseph Nwobike (SAN), the judiciary has an important role to play in the settlement of election cases.

    “As expected, members of that arm of the government at all levels would face a myriad of pressures and temptations from the political class and their beneficiaries.  I advise the CJN to find a framework that would insulate these judicial officers from opportunities to pervert justice.

    “A well thought-out and implemented framework would deepen the independence of the judiciary and drive the democratic process towards a more rewarding and sustainable end. It will also be important for the other agencies of government charged with law enforcement to collaborate with the Judiciary in this regard.

    “Considering the level of which the politicians have heated up the polity along primordial and religious lines, the opportunity to pervert justice is now more prevalent than before.

    “It is for this reason that all willing and unwilling hands must be put on deck to ensure that the fabric of modern Nigeria is not distorted this year,” Nwobike said.

    Constitutional lawyer and author Mr Sebastine Hon (SAN) said Justice Mohammed would deliver.

    “Without mincing words, I would quickly say that the CJN has a track record of avowed humility, intertwined with professional courage and unrivalled sagacity in the discharge of his functions on the Bench. I have no single doubt that he would take our Judiciary to the next level.

    “I have always said that it is Herculean to reform the judiciary in Nigeria, no thanks to the institutional and statutory impediments that have laid lethal land mines on the pathway. In other words, without a complete overhaul of our constitutional and legal framework, it will amount to merely paying lip service to carrying out reforms in the Judiciary,” Hon said.

    According to him, as the head of judicial arm of government, the CJN should throw his official weight behind enacting legislation that would enhance sound justice administration in the country.

    ”One crucial area he should focus his energy on is in the sphere of dispensing electoral justice. He should synergise with the President of the Court of Appeal to ensure that aggrieved persons from the various election exercises who approach the courts go home satisfied that justice has been done in their various legal disputes. This will go a long way in stabilising the entire system and avoiding bloodbath.

    “There should also be more transparency and objectivity in the appointment and discipline of judicial officers. More competent private hands should be employed as judges as against the current ‘promotion’ exercise, where once a judicial officer attains seniority by dint of being the first to be appointed among his colleagues, he is promoted to the next higher court regardless of his competence and professionalism,” Hon said.

     

    New performance assessment criteria needed

    Hon also urged the CJN to revisit the performance assessment criteria for judges and justices.

    His words: “Currently, I understand that rulings and judgments delivered on interlocutory matters do not count in the performance indices set up by the CJN’s predecessors. Yet, out of every 100 cases, about 99 have interlocutory issues to contend with; and at times, such interlocutory applications which keep rearing up as the need arises, take months and years to be settled one way or the other!

    “Mind you there is settled law that no court of law should ignore any interlocutory application no matter how unmeritous it might be! Again, judgments in consolidated suits and appeals are reckoned as one instead of the two or more suits/appeals that have been consolidated!

    “Yet, each of such consolidated suits/appeals has its facts and different papers are filed for each of them! The net is that half-baked justice is being dished out to litigants just because the judges qua justices are operating under these onerous and irksome conditions of service. The CJN should please revisit this issue urgently.”

    Hon also wants an enforcement of the two Federal High Court judgments which ruled in favour of financial independence for the judiciary.

    “The CJN as the head of the judiciary, the Attorney-General of the Federation as the official leader of the Bar, the various State Chief Judges and Attorneys-General, the NBA led by Augustine Alegeh, all Senior Advocates of Nigeria, all Judges, Magistrates, lawyers, the press and indeed all Nigerians should stand up in unison and insist that these judgments are implemented without further delay!

    “This will solve most of the problems we are facing today. Everybody should support this noble cause please, and urgently too,” Hon added.

     

    Task before state courts

    A human rights group, Access to Justice (AJ), believes not much has changed in the administration of justice, particularly in the judiciary, in spite of the remarkable efforts and leadership of the former CJN.

    The group said this is because Nigeria is yet to develop the systems and procedures that drive change on their own, and support stronger accountability of judicial and court staff at both federal and state levels.

    The group, through its Executive Director Mr Joseph Otteh, said: “The immediate past CJN was exemplary in creating the kind of leadership that was responsive and exemplary. But she is no longer there! We hope her successor can demonstrate that kind of astute leadership. No. We should not hope, and that’s the problem.

    “We should by now, have the rules, reforms and the framework that guarantees this: a framework that institutionalises a different way of doing things, a different way of running the judicial system and which ensures that different actors in the administration of justice deliver expected performance results and do so transparently and accountably.”

    According to Otteh, with a new CJN in the saddle, there is a new opportunity to reinvent the approach adopted to fix the old problems to get them right from the foundation, and ensure that those at the states can be mobilised to follow suit.

    “Why should courts be constantly accused of sabotaging the anti-corruption war because of the interminable delays (seven, eight years and still counting in some cases) encountered in concluding those cases in spite of new powers conferred on them by the amended Constitution?

    “We need to see more reforms at the state level, stronger oversight and accountability of lower courts judges and court staff. Corruption is still a major issue in the courts, and Justice Mukhtar and Justice Amina Augie have lamented this.

    “Performance and case management measures should be introduced to improve performance levels and ensure court users have a meaningful and efficient time in court,” Otteh said.

    The human rights group identified what it described as two other sticking points: the situation in Rivers State, and the need for the Bar to fulfil its role.

    The role of the Bar

    The Rivers crisis, AJ said, is deplorable and needs urgent resolution.

    “The leadership of the judiciary and the Bar must make this a priority. The Rivers people have suffered innocently as a result of the impasse,” the group said.

    According to AJ, it is time for the Bar to fulfil its role as a major driver for change. “For too long, the Bar has remained a ‘consumer professional community’ and ipso facto, a victim of poor leadership.

    “Lawyers face tremendous hurdles discharging their professional duties, face constant extortion, appear in courts that many times do not sit and give no prior notice, and bear the brunt of a loss of public confidence in the justice system.

    “At best, the Bar has been a reactive stakeholder and voice in the administration of justice. The Bar can, and should do better. It can and should catalyze good policy-making and enforcement by the leadership of the judiciary at both the centre and in the States. This could be a 2015 priority,” Otteh added.

    Former Anambra State Attorney-General, Peter Afuba said the judiciary performed fairly well last year, urging the new CJN to sustain the tempo.

    He said: “The immediate past CJN came up with lots of reforms that improved productivity of judicial workers across the country. I expect the trend to continue with these reforms. The judiciary will be faced with a lot of challenges this year with the general elections coming up soon.

    “There will be a lot of election petitions and so, I expect that these challenges will be handled dispassionately and justice dispensed without fear or favour, so that at the end of the day, the Nigerian masses will see that justice has been done and their faith in the system restored. This will make the aftermath of the elections acceptable and conducive.

    “If petitions are handled as should, there will be stability in our country in this trying year. The judiciary has a crucial and delicate role to play this year and I expect it to do so without fear or favour.”

    Chairman, NBA Ikeja Branch Mr Yinka Farounbi urged the judiciary to prepare adequately for the challenges of the elections. “Like Caesar’s wife, it is required of it to be above board. The head of the institution should consciously constitute men and women of proven integrity to head the various Election Tribunals across the country.

    “The independence and neutrality of the body will go a long way in assuring the citizens of this country that it is worth of being relied on.

    “I equally advise that the welfare of other judicial workers should be taken into account with view to commanding their respect and loyalty. The issue of the embarrassing strikes or threat of same should be rigidly addressed. The institution is too important to always be involved in strikes,” Farounbi said.

    The Tiger Branch’s chief also wants to see more use of information technology. “All over the world the IT is the real thing now. I thus urge that our courts should be computerised at whatever cost. Writing in long hands should be discouraged and done away with.

    “I urge the CJN to call all the stakeholders in the institution and finally agree and set the guiding rules in the appointment of a Chief Judge. What is presently playing out in River State should not be allowed to repeat itself in any other state again.

    “The judiciary should examine itself and flush out the bad eggs therein. This done, the people will repose more confidence in the system,” Farounbi added.

    Lagos lawyer Theophilus Akanwa said: “I expect a judiciary totally free from corruption; a judiciary with an improved speed in dispensation of justice; a judiciary that will be IT compliant and an independent judiciary with the focus of delivering justice without fear or favour.”

    A lawyer, Dr Fred Odutola, said in 2015, justice must not just be done, it must be seen to have been done, adding: “Let our judges act unfettered by the executive and or the legislative arms of the government.

    “The hope of the common man before the courts must not be slaughtered on the altar of undue influence over the judges. Judges should pronounce judgment without their ‘hands being tied’. They should remember that they will still give account before God, the ultimate judge.”

    Odutola also wants to see a swifter justice delivery, as ‘justice delayed is justice denied. “A situation of adjournment and adjournment until the litigants start to die is undefendable. Many times, the courtesy is not even there for the Court Registrar to phone or email the counsel that the court would not sit, only for the counsel and litigants to travel to court and be told to take another date as the court would not be sitting,” he said.

    The judiciary, Odutola said, must be financially independent, as well as review  antiquated laws.

    “Let the Judiciary have its budget, managed by it and not wait for salary from the executive. Let it not be a situation of ‘He who pays the piper dictates the tune’. Allegiance of the judiciary should be to God and the common man in the building of a virile Nigeria and nobody, not even the leaders should be above the law.

    “The CJN should catalyse the review of obnoxious laws and fines, some dating back to the times of Mungo Park. Fines in lieu of times in jails should be punitive and commensurate with the offences committed.

    “A situation where someone who has embezzled billions of naira of pensioners would be asked to pay a fine of N750,000 is unexplainable to the layman. This makes people cast aspersions on the judges as taking bribes, whereas, the judge cannot conjure fines not stated in law,” Odutola said.

    A member of the Ogun State Judicial Service Commission, Mr Abayomi Omoyinmi, said the judiciary should improve on speedy dispensation of cases especially criminal matters.

    “It must also avoid situations where conflicts in decisions, pronouncements and judgments are beginning to be noticeable in our justice system in the recent times.

    “Priority should be given to appointment of more magistrates and judges where necessary as the population is growing. This will bring confidence in the people in the hope that justice is not delayed. The autonomy of judiciary is also essential in the times ahead,” Omoyinmi said.

    For Mr Ikechukwu Ikeji, there is the need to revisit the mode of judges’appointment and to closely monitor their social engagements.

    Also needed, he said, are strict regulation on participation of judges in social activities, review of the CJN’s constitutional powers regarding the membership of, and appointment into, the National Judicial Council (NJC), stricter regime on discipline for erring judges, improved conditions of service, computerisation of the recording processes, less executive interference and quick dispensation of justice.

    “It goes without saying that today most of the judges appointed are so appointed by reason of who they know not necessarily their competence. Moreover, the appointment of judges should be by means of an advertised notice in national media, which will lead to a strict examination and interview process devoid of favouritism, tribe or religion.

    “Often times, we find that real brilliant lawyers never get the opportunity to be appointed judges rather you find family, friends and relations being given the opportunity. This of course leads to a fallen standard of justice dispensation.

    “Regarding social functions, it is common sight to see our judges shamelessly socialising with all manner of people including politicians and businessmen who surely would have some form of litigation at one time or the other before the judges or the colleagues of the judges.

    “These social interactions whittle down the resistance strength and level of our judges and should either be outlawed or regulated. You easily see judges in family birthdays, memorials, weddings and so on. This does not augur well for the mindset of the judges as to guarantee their neutrality.

    “Again, in this age, you still find our judges engaged in long hand recording of proceedings. The result is that most judges lose the meat of the cases while trying to catch up with the presentations of counsel. The recording system of the courts ought to be computerised as obtained in some jurisdictions and in very few courts in Nigeria.

    “Another fetter on the judiciary is the awesome power of the CJN to appoint members of the NJC. This means that 75 per cent of members of the apex administrative body are bound to follow the thought pattern of the CJN. This is worrisome and ought to be reviewed,” Ikeji said.

    For Mr Yemi Omodele, besides the need for quicker determination of cases through refusal to grant frivolous adjournments, court infrastructure also need to be improved.

    “A situation where lack of power supply makes a judge not to sit is bad. Also, impromptu seminars/conferences, meetings/appointments that make a judge not to sit cause set backs for cases. These areas should be addressed.

    “2015 is an election year in Nigeria. Definitely I expect the judges who will handle those cases to do their jobs according to their oath of office and law. They should do the work without having sympathy for any candidate or political party. They should not think of incumbency or not. They should work based on the facts and evidence placed before the court/tribunal.

    “I suggest that the CJN should ensure that people appointed to the magistrate/High Court bench are seasoned private practising lawyers. Practising lawyers know a lot in terms of litigation and going to the bench will surely assist in performance. I also state that counsel with clean records be appointed to the bench.

    “Seminars, meetings, ceremonies and others for the judges/judicial workers should be fixed for weekends, closing hours/holidays so that it will not affect court work. The principle of integrity should be maintained,” Omodele said.

    According to him, the CJN should also bring an end to incessant strikes by judiciary workers.

    “Workers in the legislature hardly go on strike, so how come judicial workers go on strike often? The welfare of the judicial workers must be improved so that they will be willing and ready to work. This will guard against corruption in the judiciary. The judicial workers could be given house and car loans as an encouragement,” Omodele added.

    For Mrs Gloria Egbuji, a lawyer, the judiciary should remain “upright and  unbiased in their judgments and ensure that judgements delivered in record time because justice delayed is justice denied.”

     

     

  • Jail breaks: Lawyers urge FG to rehabilitate prisons

    Jail breaks: Lawyers urge FG to rehabilitate prisons

    Some lawyers in Lagos on Monday urged the Federal Government to rehabilitate prisons in the country to prevent recurrent jail breaks.

    The lawyers, in an interview with the News Agency of Nigeria (NAN) in Lagos, decried the deplorable state of most prisons in country, blaming this for the recent jail breaks.

    NAN reports that jail breaks were recently recorded in Lokoja, Ado-Ekiti and Minna in the months of November and December, respectively, thereby raising public concern.

    Chief Felix Fagbohungbe (SAN) blamed the spate of jail breaks in the country on the long neglect by government of the prison system.

    According to him, the prisons were set up as rehabilitation centres and therefore deserve adequate attention of government.

    Fagbonhungbe said that most of the prisons were built many years ago and currently were populated beyond their capacity.

    “Some of these prisons have old structures and were built years ago with minimal capacity; but as time progressed, the number of criminal cases increased, and so also the same number of inmates.

    “The prison system has completely been abandoned by the government; they are overcrowded and the inmates are not given the necessary attention.

    “The prison structures in place are in a bad shape; a prison that was built for about 500 inmates now accommodates over 1,000 inmates.

    “There is no discipline in the prison; the warders are not motivated in terms of remuneration, and so, even the inmates give stipends to these warders who allow them have their way in custody.

    “It therefore follows that there is a need to rehabilitate the prison system to improve its standard.
    “There is also the need to relocate some prisons so as to cater for the growing population of inmates,’’ he said

    Fagbonhungbe said that it was imperative to separate convicted criminals from those awaiting trial, in a bid to avoid breeding more hardened inmates, and forestall incidences of jail breaks.
    “Although the prison is not a place of rest, it however requires certain minimum living standard for its inmates,” he said.

    In the same vein, another lawyer, Mr. Emeka Etiaba, urged magistrates to carry out routine visits to the prisons, and conduct summary trials for inmates charged with minor offences.

    He deplored the use of mobile phones by inmates in prison, contending that this was a major factor which enhanced jail breaks.

    “One of the worst things that have happened to our prison system is allowing prisoners use mobile telephone.

    “When you visit the prisons, you find these prisoners using telephone and that is why it is so easy for them to communicate with those with whom they plan these jail breaks.

    “In a bid to forestall these incidences, there is the need to ban the use of telephones in prisons and also modernise the prison to take care of security lapses.

    “Some of these prisons were constructed before the Second World War.

    “There is also a need to have more armed personnel guard the prisons; when you visit the prisons, you find few warders, and these can hardly stop any organised force from invading the prisons,’’ Etiaba said.

    According to him, there is also the need to decongest the prisons and ensure adequate consideration for the prison staff.

    “You find that in a prison with a capacity of 1,000 inmates, there are about 3,000 and out of this number about 97 per cent are awaiting trials.

    “So, if we must forestall jail breaks, there must be a decongestion of the prisons,’’ he said.

    In his remarks, Mr. Spurgeon Ataene, believes that jail breaks were an offshoot from the unpalatable condition of the prisons in the country.

    “There are dilapidated structures in the prisons and these structures have been there for several decades.

    “The prison system is supposed to be under the Federal Ministry of Interior, and so there should be budgetary allocation to expand and rehabilitate the prisons.

    “The use of phones by inmates in custody is one of the major causes of jail breaks in the country.

    “Some of these prisoners’ hatch their plans while in custody, through the use of these mobile phones.

    “if there are no telecommunication system for these prisoners, how can they hatch such plans in custody?

    “I think these inmates are being over indulged by the warders, and this should be a source of concern,’’ he said.
    Ataene, therefore, called on the government, to put in place adequate measures to reposition the prison system in the country

     

  • Lawyers urged to explore emerging areas of practice

    Lawyers urged to explore emerging areas of practice

    A Foremost commercial lawyer and pioneer Chairman,  Nigerian Bar Association (NBA) Section on Business Law (SBL), Mr. George Etomi, has called on  lawyers to explore emerging areas of law practice to mitigate the challenges of globalisation.

    He said this at the Aare Afe Babalola Bar Centre, Iyaganku  Ibadan, venue of the week-long 63th anniversary of the NBA Ibadan Branch.

    Etomi, who spoke on the topic: “From Ibadan to the uttermost parts: developing expertise in emerging sectors”, said:  “Globalisation is shrinking the world, the barriers to legal practice continues to crumble. So, your competitor is not that lawyer in Lagos or Abuja, no. Your competitor is that lawyer in China, Dubai, the USA and so on.

    “So, if you want to succeed, begin to sniff out what areas you would like to practise. From Ibadan to the uttermost part is an open field, so determine which areas you want to practise”.

    The NBA President, Augustine Alegeh (SAN), who spoke on the theme: “Nigeria at the Tipping or Turning Point”, took a cursory look at the socio-economic and political past of Nigeria, linking it with present challenges facing the country.

    He proffered solutions to the various challenges  and concluded that  that there is hope that Nigeria will attain greater heights and take its pride of place in the comity of nations.

    Nineteen eminent members of the Ibadan Bar, who have distinguished themselves in their service to the Bar, were honoured with Lifetime Achievement Awards. Some of the recipients included Chief Richard Akinjide (SAN); Chief  Folake Solanke (SAN); Chief Bandele Aiku (SAN); Aare  Afe Babalola (SAN) and Chief Akin Delano (SAN),  among others.

    The first day event  ended with turning of the sod of the NBA  Ibadan Branch Library to be  built by Chief Akinjide (SAN) at the High Court Complex, Ring Road, Ibadan. It was performed by Justice Sylvester Nwali-Ngwuta (JSC), who represented  the Chief Justice of Nigeria.

    Speakers at the second day of the event examined how Ibadan can tap into other areas of law practice aside litigation. One of them was the Chairman of the Governing Council of the NBA Section on Business Law (SBL), Mr. Asue Ighodalo, who chaired the session.

    He  examined the possible effects of the current dwindling global oil prices on Nigerian economy, the possible sources of revenue for the governments and the negative economic consequences of that lie  ahead.

    He stated  that though everything looked gloomy, difficult and tough, there is always a silver lining at the end of the tunnel.

    Ighodalo said: “Ibadan was the centre of Nigeria, everybody who is who in the legal profession in Nigeria  grew up and was exported from Ibadan, Ibadan has to get back its shine now. Lawyers have to lead by thinking outside the box and avoid the traditional practice areas. This is the time to develop expertise in the emerging areas”

    According to Etomi,  Ibadan is the cradle of civilisation in Nigeria,  adding that Ibadan was first in almost everything and the University of Ibadan was the seed that laid the foundation for modern Nigeria and that no matter how dim the economy looks, life must go on

    Dr. Wale Babalakin said: “Abandonment of merit is the first major problem in Nigeria. Once you have a criterion that is different from merit, you languish in what we are languishing now. Let us create a nation where thinking will be rewarded.”

    Others who spoke at this session included Ogun State  Attorney-General and Commissioner for  Justice, Mrs. Abimbola Akeredolu and Ms Toyosi Akerele. They harped on the need for practice in Ibadan to conform with the emerging trends of legal practice with regards to commercial law, merging of law practice and focus on partnership amongst legal practitioners.

    Events of the  third day began with “Health Walk Day”, which took off at the Parliament Building Car Park and terminated at the Agodi Prison where  the Ibadan Bar projects  were commissioned by the Chief Judge of Oyo State, Justice M. L. Abimbola.

    The projects included: the newly built toilet and a renovated block of toilets at the Agodi Prisons for the inmates.

    A football match was later played in the evening between the Ibadan  Ikeja branches of the NBA. The  Ibadan warlords were defeated by the Ikeja tigers by a lone  goal.

    The last day featured the Moot and Mock Trials among four  invited universities with the theme: “The Failed Edifice”. It was chaired by Chief Bandele Aiku (SAN).    The session was chaired by Chief (Mrs.) Folake Solanke SAN.

    The celebration ended with a Dinner where past Chairmen/ Secretaries were honoured for their meritorious service to the Bar. Other eminent personalities, who have supported the Ibadan Bar, were also given the Pillars Award. They included Prince Lateef O. Fagbemi (SAN); Chief Akin Olujinmi (SAN);                 Oluwarotimi Akeredolu (SAN); Chief Niyi Akintola (SAN) and N. O. O. Oke (SAN)

    In a chat with The Nation, Ibadan NBA Branch Chairman, Mr. Kazeem Adekunle Gbadamosi said: “We really had a wonderful programme, Ibadan, Lagos, Ilorin and Oshogbo Branches participated in the  in the debate on compulsory pupilage.

    “The Ibadan Bar won the debate. At the end of the day we realised that even though pupilage is highly desirable, the factors responsible for its non-observance nowadays include: the get-rich-quick attitude of juniors, non-payment of adequate remuneration by seniors and the lack of mutual trust amongst seniors and the junior ones. However, the consensus was that compulsory pupilage is desirable and should be encouraged.”

  • Lawyers seek special courts for terrorism

    Terrorism has assumed a frightening dimension with the government appearing overwhelmed by the menance. But lawyers say “no” to the menace and are proffering a way out, reports ADEBISI ONANUGA

    Lawyers have called for the establishment of a Counter Terrorism Commission (CTC) and a special court to try terrorism cases.

    This, they said, would ensure speedier determination of terrorism cases.

    They gathered to review the various acts of terrorism, which are being unleashed on innocent Nigerians by the Boko Haram insurgency,  and the attendant government’s inability  to end the menace.

    They lawyers included  activist and constitutional lawyer,  Mike Oze khome(SAN), who was represented by Charles Omosohwofa; Head of Department, Jurisdiction and International Law, Lagos State University (LASU), Ojo;  Gbenga Ojo, a legal practitioner and lecturer in the Faculty of Law, LASU and former Chairman, Nigerian Bar Association (NBA) Ikeja Branch, Monday Ubani among others.

    Though terrorism cases are within the jurisdiction of Federal High Courts (FHC), they, however, pushed for the establishment of such commission or court to speedily try terrorism cases.

    The occasion was at this year’s Law Week seminar of the NBA, Badagry Branch, which has as its theme: “Terrorism: Threat to  human rights – the Nigerian experience”.

    Ojo, who was the guest speaker, said the National Industrial Court (NIC), was specially established to handle labour, employment and trade union disputes.

    “There is no reason why Nigeria should not establish a special court for cases of terrorism. The wheel of justice moves very slowly in the court including Federal High Courts. Time is of the essence in cases of trial of terrorists.

    “We advocate for the establishment of special courts for cases of terrorism.  This will complement the newly suggested Counter Terrorism Commission (CTC). It is only when Nigeria does this, that the country will demonstrate political will to fight and stamp out terrorism in Nigeria,” he said.

    The university don explained that the CTC should be in the nature of the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practice and Related Offences Commission (ICPC), adding that the commission should employ and train its lawyers in prosecuting terrorism.

    Ojo said the war against terrorism must involve capacity building for judges, prosecutors and investigators.

    He remarked that cases of terrorism should not be assigned on the basis of a lawyer being a Senior Advocate of Nigeria (SAN) or a professor of law.

    “The Federal Ministry of Justice should have a pool of lawyers specially assigned and trained comprehensively on prosecuting cases of terrorism with all its intricacies,” Ojo said, adding that judges should be specially trained on the laws, practice, procedure and intricacy of terrorism.

    He  stressed that quick dispensation of justice is one of the benefits of such training, urging the media to stop giving publicity to the activities of the terrorists.

    The media, Ojo said, should not be seen to be supporting the disintegration of the country, which the insurgents are noted for.

    “The act of terrorism is one of the  most heinous crimes in any state. Most times the motives are unclear and senseless. Nigeria has lost several human lives and huge material costs due to the senseless acts of insurgency in Nigeria,” Ojo said.

    Former Ikeja NBA Chairman,  Monday Ubani, observed that  individuals’ human rights are not respected by terrorists. “They kill and maim lives callously most of the times thereby depriving the citizens the right to life as guaranteed by the constitution,” Ubani said.

    He added: “On the other hand the government,  in a bid to effectively tackle the menace of insurgents, usually impose state of emergency on the areas affected and in the same vein deny the citizens  of their freedom of personal liberty and movement contrary to human rights provisions in the constitution.

    “The Nigerian experience has been  very horrendous. The insurgency has not only retarded human development, it has also retarded physical development. The country deserves peace if we are serious about developing the country.”

    Constitutional lawyer, Chief Mike Ozekhome (SAN), in his paper, advised that any measure to be taken by the country to combat the menace must comply with its obligations under the constitution and international rights instruments.

    Ozekhome, who represented by Charles Omosohwofa, said the country must make effort to develop and maintain an effective law enforcement and rule of law, based on national criminal justice system with respect to human rights.

    According to Ozekhome, law enforcement agencies such as the Police, military, SSS, DIA, NIA, Civil Defence among others, need re-orientation for them to be abreast of the duties expected of them.

    “They should be taught that respecting the rights of the citizens constitutes an integral part of their duty. The military in particular, being at the forefront of the war on terror, should be taught to know how to sift the wheat from the chaff in their quest to fight terror and ultimately help in restoring law and order.

    “As patriots, they should understand that extra-judicial killings, inhuman torture, degrading treatment under whatever circumstance and guise, constitute an infringement on human right and is a disservice to the nation,” Ozekhome stressed.

    The constitutional lawyer noted that one right usually violated more than other rights is that of fair hearing.

    “It is the evil propensity in the hearts of terrorists to kill and maim innocent harmless people without giving the individual the chance to defend themselves in a fair and just trial that often result in the carnage and open sadism being perpetrated by them.

    The chairman of Badagry branch of the NBA, Chief Chris Okoye in a welcome address said the theme was informed by the high level of kidnapping, the activities of the Boko Haram insurgency among others.

     

    Okoye lamented that Boko Haram  insurgents have been violating the sovereignty of the country and subjecting the citizenry to incessant bombings with resultant loss of lives and property.

     

     

  • Tambuwal: Lawyers fault police invasion of National Assembly

    Tambuwal: Lawyers fault police invasion of National Assembly

    Akin to a scene in a war  movie, scores of  armed security operatives (Police and SSS) last week invaded the National Assembly (NASS) complex and cordoned-off the premises to ‘screen’ entrants into the building.

    The exercise, which had the security agents screening lawmakers and others seeking to enter the premises, was, according to the Inspector General of Police (IGP), Suleiman Abba,  orchestrated by an ‘intelligence report’, which showed that some ‘criminals and hoodlums’ wanted to wreak havoc on the NASS premises.

    Though on recess till December 3, the lawmakers had announced an emergency session for Thursday because of President Goodluck Jonathan’s request for the extension of emergency rule in troubled Northeastern states of Adamawa, Borno and Yobe.

    While the security forces were carrying out the screening, the Speaker of the House of Representatives, Aminu Tambuwal, approached the gate with some of his supporters and colleagues, but they were denied access into the premises.

    Angered by the action of the police, some of the lawmakers tried to pull down the gate while others scaled the high perimeter fence to open the gate for the Speaker and others to enter.

    What ensued after they successfully broke the police’s cordon was a barrage of tear gas canisters thrown recklessly towards the advancing lawmakers. Tambuwal, whose colleagues formed a defensive wall around, was seen covering his nostrils and mouth with a white handkerchief to cushion the effect of the tear-gas.

    The assault, which many have described as an orchestrated plan to prevent Tambuwal from entering the Green Chamber to perform his role as Speaker, is the second attack on him by the Abba-led police since his defection to the All Progressives Congress (APC).

    The first was the withdrawal of his security details 24 hours after he announced his exit from the Peoples’ Democratic Party (PDP) to the APC. Tambuwal challenged the action at a Federal High Court in Abuja.

    However, the NASS could not carry on with the business of the day as the Senate President, David Mark, while shutting down the complex, described the onslaught as barbaric and an application of maximum force.

    Mark, who was said to have been thoroughly teargased, was quoted in a statement by his Press Secretary, Paul Mummeh thus: “This (shutting down of the NASS till today) followed the invasion of the National Assembly by security operatives who thoroughly teargased Senators, members of the House of Representatives, staff and journalists.

    “An embarrassed Senator Mark, who had rushed out to the House of Representatives’ Chamber ostensibly to address the situation on hearing the development, was thoroughly teargased along with his colleagues while returning to his office after conferring with the Speaker, Aminu Tambuwal, and his deputy, Emeka Ihedioha.

    ”After due consultation with his colleagues in both chambers of National Assembly on this ugly development, it was agreed that today’s (Thursday’s) session be suspended forthwith. The Senate President condemned the application of maximum force on parliamentarians and civil servants, who were in their respective offices to do their duties.”

    Coming at a time when seven PDP lawmakers in Ekiti State, acting under heavy security presence, ‘impeached’ the House of Assembly Speaker, Adewale Ominrin, and his deputy, Adedeji Orisalade; as well as the current hullabaloo playing out at the Edo State House of Assembly, observers have expressed dismay on the partisan role of security agencies.

    Although some faulted the lawmakers for resorting to self-help by conducting themselves disorderly and scaling the fence thereby, flaunting the very laws they made; many have described their actions as an act of defiance, which should be commended.

    Analysts insisted that the IGP should avail his men with the provisions of the Constitution to avoid obvious ‘partisanship’ and disregard for other arms of the government. But to lawyers, the IGP has to be sacked with immediate effect to allow for the appointment of a police boss who will be apolitical.

    George Oguntade (SAN) said the IGP must be called to order to avoid anarchy.

    He said: ‘‘It is crucial that Nigerians call the IG to order immediately, particularly in the light of the impending general elections. If this is not done, there is the possibility of a total breakdown of law and order.

    ‘‘The IG needs to take a second look at the Constitution, which clearly spells out the role of the Nigeria Police (NP). He cannot act outside the scope of the constitutional provisions.

    ‘‘The conduct of the NP led by the IG is clearly unacceptable and constitutes a clear and present danger to our nascent democracy. As at today, Tambuwal remains the Speaker of the House of Representatives having not been impeached by his colleagues or removed by a judicial order.

    ‘‘The IG cannot constitute himself into a judge as well as executioner. He had already shown his hand and where his loyalties lie when he ordered the removal of the security details of the Speaker.”

    Renowned lawyer, Funke Adekoya (SAN), said the presence of the police at the NASS complex was an affront on the principles of separation of power and a bad idea.

    She said: ‘‘Whether authorised or not, the intervention by the police was a bad idea. Even if there was a security report as to the breakdown of law and order, they should not have stopped the legislators from entering.

    ‘‘It is that action that has given rise to speculations as to the true intent of their presence; being to stop the Speaker from presiding. If there was a breakdown of law and order in the chambers during the sitting, the officials could legitimately call for police intervention.

    ‘‘Their presence and actions are a clear executive interference with the legislative arm of government and should be roundly condemned by all, who uphold the principle of separation of power as a key underpinning of the democratic process.’’

    Former Edo State Attorney-General Dr. Osagie Obayuwana said the action of the police was evidence of their disregard for constituted authority. He saluted the lawmakers for resisting the police, which tried to deny them access into their place of work.

    Obayuwana said the police’s action showed crudity, lack of discernment and un-professionalism.

    ‘‘I salute the lawmakers for exhibiting the spirit of defiance. The reason stated by the police for the blockade was an afterthought and not tenable. Is the police now ascribing the status of hoodlums to the Speaker and other lawmakers?

    ‘‘From the attitude of the police, they see only the executive arm as constituting government that is why they have no regard for other arms of government. It is not only the legislature that has suffered such embarrassment. Some justices of the Supreme Court have been subjected to humiliation.

    ‘‘Can the police prevent the President from going to his office because of intelligence report? Instead of blocking the gate they should have applied discernment to know who to keep off. It is because of lack of professionalism that people hesitate to go to the police.

    ‘’This is another disgrace the people of Nigeria remember this era for. It typifies the crudity and total lack of discernment of government agencies.

    ‘‘Are the police not supposed to do its investigation discreetly in order to fish out the criminal elements, if truly there was any? Why should they throw away the baby and the bath water? Linking it up with the APC protesters of the previous day further showed the partisan nature of the police,’’ said Obayuwana.

    The former Commissioner further argued that Abba’s refusal to honour the house committee’s summons showed that his loyalty lies solely with the executive.

    He said: ‘‘See how their (police) indiscretion held the nation to a standstill. Even the Supreme Court could not function that day because the chaos occurred at the three-arm zone. Do you know how long people whose cases were adjourned would have to wait?

    ‘‘People will be pushed to extreme measures if the police continue to display partisanship. We are not in a state of anarchy yet but near. The current situation is an example of the fact that our institutions are not functioning as they should.

    ‘‘The lawmakers only exhibited the spirit of defiance against undemocratic tendencies and not anarchy. How can you keep a state official from his place of work? What happened to the police department that uses sophisticated weapons to carryout investigation? Why was such tactics not deployed in this circumstance? That is why I said their defence was an afterthought.”

    A Constitutional lawyer, Fred Agbaje, described the blockade as primitive and an aberration to the principle of separation of power, calling for the removal of the IGP.

    He said: ‘‘The gratuitous attack on the National Assembly by security agents, acting on behalf of the Federal Government, is not only violative and primitive of the cherished principles of separation of power upon which our present democratic experience revolves, but an unpalatable threat to our democracy and the rule of law.

    ‘‘The sanctity of our hallowed parliament cannot and must not, under any guise, be provocatively desecrated by overzealous security agents in such a barbaric and crude manner as done on Thursday.

    ‘‘Hence, the heads of the security/police must be sacked immediately to allow for a smooth democratic growth/rule of law in Nigeria.  Those who detest democracy must never be allowed to come near it as epitomised by the overzealous state security officials, the new Hitlers of our time.”

    Civil rights lawyer, Emeka Nwadioke, condemned the role of the police in attempting to prevent House of Representatives’ members from holding a plenary session to discuss the request by President Goodluck Jonathan for the extension of the emergency rule in three Northeast states. He described the police’s role as worrisome, condemnable as well as a threat to the nascent democracy.

    Nwadioke said: “Since the defection of House of Representatives Speaker Aminu Tambuwal to the opposition All Peoples Congress (APC), the role of the Nigeria Police in the debacle has left much to be desired.

    “The Nigeria Police have increasingly constituted themselves into the judge and jury in the matter, contrary to the express provisions of the Nigerian Constitution, which vests the duty of interpretation of the Constitution on the Judiciary.”

    He called on President Jonathan to wade into the crisis to protect the Nigerian Constitution and “stave off a major constitutional crisis” while strengthening the doctrine of separation of powers, which underpins the Constitution.

    “It is unhelpful that attempts by the Presidency to wash its hands off the debacle have largely been punctured. While Senior Special Adviser to the President on Public Affairs Doyin Okupe asserted that the police were merely enforcing court judgments on defection, police spokesman, Emmanuel Ojukwu, claimed that the assault on the Representatives and the hallowed precincts of the National Assembly was to prevent a planned invasion of the Assembly premises by hoodlums in line with an intelligence report.

    “Nigerians and civil society organisations in particular must join their voices to ensure that this democracy is not truncated. It is also expected that, like his predecessor, the new Inspector General of Police Suleiman Abba, must show courage and a healthy level of assertiveness in resisting attempts to deploy his high office towards unconstitutional ends.”

    For Theophilus Akanwa, the police acted out of place, reprehensibly, illegally and with impunity.

    ‘‘The powers of the National Assembly as it affects the need for the protection of its activities resides with the Senate and the House of Representatives as provided in the Constitution not the IGP.

    ‘‘The IGP needs to take orders from these two chambers vis a vis the Senate President and the Speaker of the House for the sitting of the two houses. If there were any reasons why the House should not have convened, the IGP should have intimated the Speaker and not to ambush him.

    ‘‘It is out of place that a person, who has been elected to occupy the seat of the Speaker, will now seek orders from the police before the House could convene. It has never happened and must not start now because the Speaker defected to the opposition party APC, especially when he has made his plans of gunning for Sokoto State governorship known.

    ‘‘He is the Speaker of the House of Representatives and not PDP speaker and ways of removing him has been provided in the Constitution. ‘Can the IGP tell the world what he has done in Ondo State where the Governor and Speaker defected from the party that elected them to office to PDP? The independence of the legislative arm of government must be allowed to thrive without interference from the executive or the police. I call on the President to immediately remove the IGP for these lapses.”

    Another lawyer, Ikechukwu Ofuokwu, said the police’s action was the climax of executive lawlessness and political insecurity on the part of the PDP.

    ‘‘The conduct of the Nigerian Police on that fateful Thursday, in trying to prevent the Speaker of the House from gaining access into the parliament, is the climax of executive lawlessness and political insecurity on the part of the ruling party.  Never mind that the conduct of the legislators on that day, which could be likened to legislative terrorism, was shameful and a reproach to democracy. Executive interference in legislative affairs at all levels of government is an abnormality and an abuse of the doctrine of separation of power. The conduct of the police on that day I will describe simply as rascally.

    ‘‘What transpired on that day, which is a pointer to what to expect during the 2015 general elections, portends a great danger to our democracy and the rule of law. It is an invitation to anarchy. It is the prerogative of the House to choose its leaders. It is not about calling the police to order; it is about the executive knowing the limit to its powers and stop meddling in the affairs of other organs of government,’’ he said.

     

     

  • Lawyers seek review of mortgage laws

    Lawyers have called for a new legal framework to enhance the mortgage system for more tenants to become landlords.

    According to them, the existing arrangement does not encourage financial institutions to grant mortgage loans.

    They spoke in Lagos at the Legal Business Summit organised by the law firm of Olisa Agbakoba and Associates and BusinessDay newspaper.

    The theme of the summit is: “Waking up dead capital: the intersection between Law and Economic Development.”

    The Asset Management Corporation of Nigeria (AMCON) Managing Director, Mr Mustapha Chike-Obi, who gave the keynote address, said if the government  shouldered some losses in mortgage payment default, more financial institutions would get involved.

    He said most mortgage institutions were faced with the challenge of enforcing or foreclosing a contract.

    Chike-Obi suggested that the government should guarantee to bear about 80 per cent of the mortgage sum in the event of a default, while the banks and insurance companies bear 10 per cent each.

    A former Nigerian Bar Association (NBA) President, Olisa Agbakoba (SAN), said there must be a conducive legal and institutional framework for the economy to growth.

    According to him, there can be housing for all if the laws provide for its affordability, with the government guaranteeing it.

    To him, if most Nigerians can afford to pay their rent, then they should be able to finance a mortgage loan.

    “The only difference is that as a tenant, you will continue being one, but in a mortgage, you are a tenant, but you become an owner,” he said.

    Agbakoba said the laws should be made to allow more people access to mortgages.

    “This seminar is looking for ways to push the barrier away so that we can unlock the dead capital. If the dead capital comes up, it will be distributed with guarantees that you can pay.

    “It is part of government responsibility to guarantee mortgage for the people. I want to hear what the political parties will be saying in 2015 about how they intend to unlock dead capital.

    “A government that needs your vote should be able to guarantee you access to a mortgage facility and hope you don’t default,” he said.

    A discussant, Mr Osaro Eghobamien (SAN), said the courts could also deal with the issue of foreclosure by pre-emptive remedies.

    He added: “If non performing assets are sold out as bad debts, then I think it is also appropriate to set up an institution to purchase performing assets in a bid to expand the country’s economy.”

    Eghobamien called for a legal framework that will encourage a bank to give individuals mortgage loans.

    The Nigerian Mortgage Refinance Company (NMRC), he noted, is a secondary mortgage liquidity facility that lends to primary mortgage institutions, who then lend to the borrower.

    “They don’t lend and they do not interact with the borrowers on the street. What we are trying to achieve now is if you are paying a rent, at a point that property should be yours.

    “If everything is put in place including the law, why would anyone pay rent for that long and the property is not converted to his?” Osaro asked.

    A participant, Rufus Olanrewaju, said if the laws are reviewed to address the mortgage challenges, more people would be able to own houses.

    The Delta State University Business Law lecturer also said land should be liberalised so that everyone can have access.

    Other speakers included NMRC director, Mr Sonnie Ayere; Africapitalism Institute director, Mr David Rice; Access Bank Plc Group Managing Director, Mr Herbert Wigwe and Special Assistant on Taxation and Revenue to Governor Babatunde Fashola (SAN), Mr Shola Banjo.

  • 2015: Lawyers seek justice for all

    All eyes are on the judiciary ahead of next year’s election. Will it do justice for all? This was the thrust of discussions at the fourth annual lecture Nigerian Bar Association (NBA), Abuja Branch.

    Speaking on the theme: Electoral process and courts in Nigeria: The Implications on law and democracy, the guest speaker, a former Commonwealth Lawyers Association (CLA) president Boma Ozobia, said although the judiciary has been working towards achieving a level-playing field in the political space, more is needed.

    “The Nigerian Judiciary has done its best to entrench constitutionality, due process and rule of law. The missing link in my humble opinion is activism or a higher sense of social responsibility from the lawyers who prepare and advocate these cases before the judges,” she said.

    The branch’s chairman Mr. U.M. Yamah, represented by the Vice-Chairman, Mrs, Ozioma Izuora filing processes in the court is rigorous.

    He said an urgent solution is needed. “The deployment of the wide benefits of the Information and Communication Technology (ICT)  can do everyone a lot of good both at the filing of processes and the documentation of court proceedings.

    “May I suggest the need to adopt the use of online filing which the court is already prepared for and the introduction of stenographers to ease the burden on judges who presently still depend on the archaic long hand writings in court. This is no longer in tune with contemporary realities,” Yamah said.

    The branch’s  secretary and local organising committee chairman, Mr. Afam Okeke, urged the Federal Government to give effect to the letters of the constitution and the judgment of the Federal High Court which granted financial autonomy to the judiciary.

    “Of the three arms of government, the judiciary possesses the largest number of educated people. To be a high court judge, the minimum is that you must have graduated from the university, you must have gone to the Law School which is like having a Masters Degree and then you must have been in practice for at least about 10 years before being appointed to the bench. Whereas to be the President of Nigeria, you need evidence of attending Secondary School, it doesn’t even mean you passed, it is the same thing to be a legislator

    “So if the other arms could control their capital votes, then the judiciary should have been saddled with the responsibility of looking after the capital votes of the other two arms because of the level of the education of the people in the judiciary,” Okeke stated

    Independent National Electoral Commission (INEC) Director of Legal Services Mr. Ibrahim Bawa said some cross carpeting should have consequences.

    “Any politician who cross carpets should lose some benefits. A legislator who cross carpets should lose his seat as a legislator. But a situation where politicians of the executive arm of government cross carpet and nothing happens to them, why should you single out the legislators for sanctioning?”

    Chief Judge of FCT High Court, represented by Justice U.I. Bello praised the branch for the lecture and said all hands must be on deck to achieve a just and equitable society.

  • Lawyers flay court judgement on FOI Act

    Lawyers flay court judgement on FOI Act

    Some lawyers in Lagos on Wednesday expressed dissatisfaction with a Federal High Court judgment which ruled that the Freedom of Information (FOI) Act was not binding on states.

    The News Agency of Nigeria (NAN) reports that Justice Okon Abang had in a recent judgment held that the FOI Act was only binding on the Federal Government and its agencies.

    The court’s judgment followed a suit by the Legal Defence and Assistance Project (LEDAP) against some states following their refusal to provide information on the bond raised by them in the Capital Market.

    LEDAP had sought for an order of mandamus compelling the various states to supply the information so requested.

    Abang, in his judgment, held that the Act was neither a residual law nor was it on the concurrent list of the 1999 Constitution (as amended), but an enactment of the National Assembly.

    The judge, therefore, held that FOI Act was not binding on the 36 states of the federation but on the federal government and its agencies.

    Mr. Dele Adesina (SAN), a former Secretary General of the Nigerian Bar Association (NBA), described the judgment as misplaced.

    “Although I have not seen the hard copy of the court’s judgment, I have read the newspapers references to it, and I have great doubts if that can represent the position of the law.

    “I think an Act of the Federal Government can be described as a statute of general application within the territorial jurisdiction of the country.

    “The Federal Government, I believe, has legislative powers to legislate on any matter in the exclusive legislative list and even the concurrent list, and information generally is on the concurrent list.

    “I do not think it can be said that a state is not bound by a federal legislation.

    “The Land Use Act is a federal legislation but before it was incorporated into the constitution it had a nationwide application, and so the FOI Act should not be an exception,” he said.

    Adesina said although some states of the federation had “localised’’ the FOI Act through its various Houses of Assembly, such state laws may only be relevant to areas where the federal government had no powers to legislate.

    “The state freedom of information law may be particularly relevant to areas where the federal government has no powers to legislate.

    “I think it is too sweeping and general to say that an Act of the National Assembly is not binding on the component states of the federation.

    “I hope this judgment will be tested at the appellate court,” he said.

    Also, Mr Tunji Gomez, said the judgment of the court was “essentially a subject for appeal’’ since it touched on national interest.

    “It is my opinion, with due respect to the learned trial judge, that his wordings are not explicit enough as a federal legislation must have the force of general application.

    “I think this a good subject of appeal as it is important for the nation to know where it stands on information dissemination.

    “If such an Act of the National Assembly is said not to be binding on states of the Federation then I must say it makes nonsense of the whole legislation,” he added.

    In the same vein, a lawyer and social critic, Mr. Anthony Makolo, also described the judgment as running contrary to constitutional provisions on freedom of expression, opinion and the press.

    “Information is very germane to any democratic dispensation and where there is no access to same, then rumours will permeate the air.

    “The whole essence of democracy will be eroded if information is withheld from the public; for where then lies the freedom of expression and opinion?”

    Makolo said the accountability of leaders to their citizenry could only be sustained by an informed public.

  • Nigeria has a long way to go, say lawyers

    Nigeria has a long way to go, say lawyers

    Some lawyers have expressed disappointment with Nigeria’s slow development, 54 years after it attained independence.

    Speaking on the state of affairs, they said the government still has a lot to do for its citizens, adding that strengthening the judiciary would help.

    Chairman, Nigerian Bar Association (NBA), Aba Branch, Chidozie Ogunji, said not much has been done by the leaders to justify the founding fathers’ efforts.

    “To be very frank, I am not too happy with where we are. The judiciary and police are the two places where government ought to have put more time and if they had done so, the country would be better. They should pay the police well, give them better working environment, better living environment,” he said.

    Accessing the judiciary’s performance in 54 years, Ogunji decried executive interference, stressing that the judiciary would do well if it is granted autonomy as provided in the Constitution.

    “From the time we gained independence till now, we have not improved at all.  It is still the same thing. Things are now getting worst, different state government are muscling the judiciary. Take for example; the Rivers State judiciary has been under lock and key for several months. The other day in Ekiti, judges were attacked, the record books thorn, they shredded the clothes of the judge. It was not that bad in the military rule.

    “The judiciary should be made autonomous – judges appointed without government interference. Their money should be deposited in their account and allow them do their budgeting and their expenses. For me, we have not done much. To me, it’s a far cry from what is expected,” Ogunji said.

    Secretary, NBA, Aba Branch, Bob Ogu, said despite challenges, there is reason to cheer. The former governorship aspirant in 2010 under the defunct All Nigeria Peoples Party (ANPP), said: “We are not where we ought to be, but that does not mean that we have not made progress. At least, staying together for 54 years after independence is an achievement. Having democracy for the past 16 years is an achievement.

    “The caveat is that where we are now is not where we ought to be if we have the proper person at the right places. In terms of education, we have made progress. I can’t say that the standard has fallen down that much, but it’s just that we have proliferation of institutions. But strictly speaking, the standard has not fallen too much and we have made progress.

    “In terms of policing, we have made progress, but it is just that the level of corruption in the police is also scaring. It makes things look as if we take one step forward and two steps backwards because of corruption.”

    On where the country got it wrong, Ogu said: “It borders on leadership and corruption. From a 1967 World Bank Report that I read, the Southeast had the highest number of tarred roads and industries in the whole of Africa except South Africa.

    “So, imagine what it was in 1967 and try to equate it with what we have now, you will see that if we had continued with that rate of development, Nigeria would have gone far ahead of where we are today. That is why I am saying yes, we are celebrating but with a caveat.

    “The founding fathers of Nigeria had vision and they were less corrupt. But the politicians we have now, most of them don’t have vision and they are viciously corrupt. I can give you example. When Mbakwe was the governor of the Old Imo State in 1979-83 the number of industries, the quality and number of roads he built cannot be compared with what we have now.

    “If you look at 1979-83 when Jakande Lateef was the governor of Lagos State, he was proposing a metro line as at that time, but where are we today? They had vision and were less corrupt. But most of the guys we have here now with the exception of a few, are viciously corrupt and they don’t have vision.”

    On insecurity, he urged the National Orientation Agency (NOA) to sensitise the people more on the need for peaceful coexistence, adding that opposition parties have a role to play in making people “politically aware.”

    Ogunji and Ogu urged the civil society, lawyers, the media and all citizens to join the campaign against corrupt leadership, saying all must demand accountability from political office holders.