Tag: legal

  • Legal obstacle for Oyegun’s, others’ tenure extension

    Legal obstacle for Oyegun’s, others’ tenure extension

    More facts emerged yesterday on the fate of the National Working Committee (NWC) of the All Progressives Congress (APC). The process of extending party executives’ tenure is spelt out in the Nigerian Constitution, legal sources said, quoting Section 233 (1).

    Kogi State Governor Yahaya Bello had announced on Tuesday that the National Executive Committee (NEC) granted the John Odigie-Oyegun-led  NWC an extension of tenure  –  a claim that was debunked by Nigeria Governors Forum (NGF) Chairman and Zamfara State Governor Abdulaziz Yari.

    Yari said such an extension could be effective with a constitutional amendment, which only a National Convention could do.

    “Article 30 of the APC constitution states: The constitution and the schedules hereto can be amended only by the National Convention of the party.

    “The process of amending the constitution is also expressly provided in Article 30 sub section 2. This states: “Notice of any proposed amendment by any member or organ of the party shall be given to the National Secretary at least 14 days before the date of the National Convention. The Notice shall be in writing, shall contain a clear statement of the proposed amendment and reasons for it,” Yari said.

    Yari added:  “What was done today (yesterday) is only an expression of a desire to extend the tenure of Chief Oyegun-led National Executive.”

    Many party chiefs and members yesterday realised that those who claimed that the NWC’s tenure had been extended were wrong.

    Many members of the All Progressives Congress (APC) National Executive Committee (NEC) were yesterday backing out of the decision to extend the tenure of the party’s executives when they discovered that it requires an amendment to the constitution.

    The party has slated another NEC meeting for this month to begin the march to the national convention, the only organ of the party that can amend the constitution.

    Article 30 of the APC constitution stipulates that “this constitution and the schedule hereto can be amended only by the National Convention”.

    This is in conformity with article 223 (1) of the Nigerian Constitution which stipulates: “The Constitution and rules of political party shall provide for the periodical election on a democratic basis of the principal officers an members of executive committee or other governing body of the political party.”

    Oyegun said yesterday that the NEC decision to grant the tenure elongation was because of the “the mighty task” ahead of the party.

    He told reporters in his office that the party wanted to avoid going into the general elections in a crisis, pointing out that congresses and electoral process were potential conflict areas that could affect the general election.

    He said that the leadership of the party was not expecting the decision to be welcome by all members of the party, adding that it was impossible to have 100 per cent support for such a decision.

    Oyegun said: “Well, I don’t want to talk on this sensitive political issue. Suffice it to say that whatever is happening naturally will be contrary view. So, it will be so difficult if you come out with total, one hundred per cent unanimity.

    “But I think the reasons for not wanting to hold some of these elective congresses this year is very clear; we have such a mighty work to do this year and each one has the potential of causing crisis. It has always been that once there is an election, it always creates its own issue.

    “We are going to have first set of party elections, second set of elections to governmental aspirants, other House of Assembly, House of Representatives, Senate, governorship and so on.

    “So, we just felt we could defer some of these issues or the party felt some of these challenges can be deferred for one year because of the serious task before us which are the national elections, and people gave the good examples of Ekiti and Osun. The last time, because elections were due in those two states, the filling of party offices had to be deferred.”

    Oyegun did not, however, say if the “decision”  was legal.

    A chieftain of the party, Timi Frank, described the “decision” of the NEC as “undemocratic”.

    In a statement in Abuja, Frank said the action of the NEC in extending the tenure of the NWC was a clear indication that it does not respect even its own laid down rules and guidelines.

  • A platform for  legal scholarship 

    A platform for legal scholarship 

    Title of book: Azinge’s Journal of International and Comparative Law
    No of pages:     267
    No of articles:  6
    Author:  Epiphany Azinge Foundation, 2017
    Reviewer:   Osatohanmwen O.A. Eruaga (Mrs)

    In an era where the world has be come so interlinked that states are influenced by activities of others, avenues for scholarly critique and analysis of comparative and international law can never be too much.

    The maiden edition of Azinge’s Journal of International and Comparative Law, entirely inspired and initiated by an erudite scholar of no mean repute, provided a platform to interrogate legal experiences and practices from various climes.

    Mathias Zechariah and C.B.N. Wuyep provide the first article titled: Applicability of Customary International Law and Treaty Law in Municipal Setting: Nigerian and USA in Comparative Perspectives. The authors, using a doctrinal approach, undertook a comparative study of Nigeria and the United States in respect to the applicability of rules of treaty and customary international law to determine whether, and to what extent the states respect the treaty and customary international law rules that bind them as members of the international community.  The authors showcased their in-depth knowledge by considering first the nature of the relationship between municipal and international law. This is followed by an analysis of the law and practice in the selected states. The authors found that both countries in trying to strike a balance between their respective sovereign rights and international obligations, constantly practised subjected international law to their municipal law. They recommended that rather than pay lip service to responsibilities undertaken in international law and undermine its effectiveness, the states should clearly define the place of international law in their legal system.

    Kamal Alhaji Dawud’s‘ Comparative Analysis of the Models of Selected Federal Government’, which is the second article in the journal examined common characteristics of countries that are identified as federations. Conducting a comparative analysis of seven states, including Nigeria, he argued that there is no single general mode of a federal system. For him, federalism is an on-going process of constantly finding a new equilibrium between the centre and its member states or sub-units. However, based on the common features that are globally recognised, the author recommended a combination of what is obtainable under the Swiss and American federal systems for Nigeria.

    In the third article, Sunday Bontour Lugard addressed The Emerging Global Rights-based Approach to Environmental Protection. The article, which is straight forward, first examined the current tort regime for environmental protection in Nigeria.  He identified that the tort regime comes with numerous challenges, which makes it largely inadequate. Following a comparative analysis of environmental protection regimes under international law, regional treaties and in other climes, the author argued that the adoption of the rights based approach represented the prevailing global trend. As such, the author recommended adopting same in Nigeria.

    Nkiruka Chidia Maduekwe carefully scrutinised the viability or otherwise of utilising environmental mediation to achieve conflict resolution in the Nigerian petroleum industry in the fourth article titled: Ensuring Energy Security in the Nigerian Petroleum Sector: Is Environmental Mediation a viable tool? The article before discussing environmental mediation as a tool for conflict resolution generally, explained the meaning as well as importance of energy security and stability. The article further examined the scope of the Niger Delta Conflict and how it influenced energy security and stability in Nigeria so as to highlight the need for tool that would ensure sustained resolution of conflict.

    She made a link between environmental mediation as a tool for conflict resolution of environmental disputes in Nigeria when she stated that parties are empowered to take responsibility for resolving the dispute, which means that the outcome is owned by the parties. The author found that if all stakeholders in the incessant conflicts present their interest with the aim of creating a solution to the conflict, energy security and stability will be achieved in the Nigerian petroleum industry.

    The freedom to access information has become a front burner issue in Nigeria in recent times, as individuals, non-governmental organisations and public institutions function within the milieu that the Freedom of Information Act creates. Emmanuella Ngozi Maduka dealt with the subject matter of access to information in the fifth article titled: The Freedom of Information Act and Sectorial Responsibilities: An Appraisal. In reviewing the obligations placed on public institutions, which she termed sectorial responsibilities, the author highlighted logistic and practical challenges impeeding the effective implementation of freedom of information by public institutions in Nigeria. She maintained that a viable freedom of information culture in Nigeria would only be viable if the logistic and practical challenges, which she highlighted were reviewed to reflect the unique circumstances that public institutions in Nigeria face.

    The last, but certainly by no means the least, in the display of legal scholarship is the article written by Mahmud Kayode Adebayo titled: “Rape as an International Weapon of War: The Human Rights Approach in Nigeria and Some selected Jurisdictions”. In this article, the writer scrutinised the function of rape as a tool in modern warfare, noting that the idea of rape as a weapon of warfare has a distinctly feminist heritage. The author identified that the reason the gruesome act has assumed the status of a warfare instrument was unclear. However, he went on to isolate several reasons that were averse to tackling rape as a weapon of war. He identified that the effect of rape as a weapon of war has long lasting scars on the individual, families and the community. He suggested, specifically among, his numerous recommendations that rape, which occurs in war should be rephrased as an offence against humanity.

     

    Comments

     The book is neatly clothed in a blue cover, with the title written in white coloured ink. The 267-page book is divided into six articles, written by individual writers. Professor Azinge (SAN) serves as the Editor-in-Chief, supported by a seven-man editorial committee. The Journal revealed that the editorial team received advice from an Editorial Advisory Board, consisting erudite Nigerian jurists with undisputed knowledge in international law.

    The articles in the maiden edition of Azinge’s Journal of Comparative and International Law employed the use of narrative, analytical and expository methodologies. The articles, authored by the six scholars included a combination of expert reasoning in the various articles and the consistency in the consortium of ideas by the writers. It is worthy of commendation. It fulfilled the promises made by the Editor-in-Chief in the preface to provide a platform for the dissemination of legal developments in various jurisdictions while comparing same with the development in other parts of the world.

     

    Observations

    The articles in this maiden edition generally live up to the title of the journal as one of international and comparative laws. However, a few articles lacked in depth discussions on the titles they sought to interrogate. For instance Rape as an International Weapon of War: The Human Rights Approach in Nigeria and Some selected Jurisdictions did not in the reviewer’s view, adequately address the laws, municipal and international, relevant to discussing rape as a weapon of war. Also, ‘The Freedom of Information Act and Sectorial Responsibilities: An Appraisal’, did not give adequate scrutiny to the UK law, even though it is stated as an objective of the paper. However, other articles made up for any perceived deficiency by the sheer brilliance with which they were addressed.

    The Journal is compelling as a platform for cross pollination of ideas in legal scholarship. The content of the maiden edition of the journal, without a doubt, is a  very enlightening and informative literature.

  • Abubakar advocates legal backing for traditional rulers

    BAUCHI  State Governor Mohammed Abubakar has called for a better recogntion of the role of tradition rulers in the society through constitutional recognition.

    He reiterated his administration’s support for traditional institutions.

    He spoke when he received the new Emir of Katagum, Alhaji Umar Muhammad Kabir Umar.

    He said all support would be given to the Emir and Emirate, stressing that traditional institutions were integral to state building.

    Abubakar said the new Emir of Katagum was Allah’s choice, explaining that Allah only used him in selecting and appointing the new Emir to succeed his late father.

    The Governor recalled that when he kick-started his campaign in Azare town of Katagum Local Government Area, he vowed to follow the footsteps of the former Governor of Bauchi State, the Alhaji Tatari Ali, known to be non-discriminatory.

    Abubakar expressed his gratitude to the Emir and the people of Katagum Emirate for their unwavering support, and expressed satisfaction in the kind of people-oriented programs the Emir had already embarked upon.

    The Emir thanked Allah for making it possible for him to succeed his father and thanked Abubakar for installing him as the 12th Emir of Katagum.

    The Emir pledged his allegiance to Abubakar and his administration.

    He praised the Governor for the projects taking place in Katagum, recalling that one of the first contracts awarded by the Governor was that of the now famous Misau – Udubo – Gamawa road.

    Meanwhile, Governor Abubakar has approved the appointment of Dr. Auwal Ibrahim Amba as the Provost A.D Rufa’i College for Legal and Islamic Studies Misau in Bauchi State.

    This was contained in a statement signed by the College Registrar, Hamma Bashar.

    Other officers appointed included; Mallam Garba Musa (Registrar) and Mallam Muhammad Dahiru Ibrahim (Bursar).

    The tenure of the Librarian, Mallam Lamido bdullahi was renewed.

  • IPOB as a terrorist organisation: What the Law, legal experts say

    IPOB as a terrorist organisation: What the Law, legal experts say

    The Terrorism (Prevention) Act 2013 defines a terrorist as “a person who knowingly does, attempts or threatens to do an act preparatory to or in furtherance of an act of terrorism….”

    It defines acts of terrorism as “an act which is deliberately done with malice, aforethought and which may seriously harm or damage a country or an international organisation.”

    From the reasons given by the Defence Headquarters, the most relevant subsections that justify the declaration of the Independent People of Biafra (IPOB) as a terrorist organisation are those under Part 1.

    They define acts of terrorism as those which: “(i) unduly compel a government or international organisation to perform or abstain from performing any act; (ii) seriously intimidate a population; (iii) seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation; or (iv) otherwise influence such government or international organisation by intimidation or coercion.”

    Others under subsection (c) include an act “that involves or causes, as the case may be, an attack upon a person’s life which may cause serious bodily harm or death.”

    Such acts include: “(ii) kidnapping of a person; (iii) destruction to a government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss.”

    Under Sub-Section (3), they also include: “An act which disrupts a service but is committed in pursuance of a protest.”

    Legal experts are divided on whether the Defence Headquarters was right to categorise the Independent People of Biafra (IPOB) as a terrorist organisation.

    This is because the Act provides that only a judge based on an application by the Attorney-General of the Federation, the National Security Adviser or the Inspector General of Police on the approval of the President can so declare.

    The section (2) says: “An order made under sub-section (1) of this section shall be published in the official gazette, in two National newspapers and at such other places as the judge in Chambers may determine.”

    Some of the acts allegedly perpetrated by IPOB members, legal experts say, may fall within the definition of acts of terrorism.

    A Senior Advocate of Nigeria (SAN), Mallam Yusuf Ali, said the military must have acted on information that is not known to the public in declaring IPOB a terrorist organisation.

    “I think the Army knows exactly why it made the declaration. They have better facts than the rest of us. So we must give them the benefit of the doubt, that they know what they’re doing and that they have better facts than us,” he said.

    The SAN, however, said the use of dialogue in resolving the issues should not be ruled out rather than declaring “war” against IPOB.

    “I think we should learn lessons in this country. Anybody who has seen war or the effects of war as happened to us in the civil war and the various wars being fought all over the world will not promote war. Only those who don’t value human life will.

    “I think there are sufficient mechanisms in our laws to peacefully express and resolve whatever disagreements we have.

    “Resort to violence or declarations that are unconstitutional must be discouraged. All of us must obey the law of the land.

    “I think the matter is getting a bit out of hand, with reports of buses being stopped and passengers being asked which ethnic group they’re from to either be molested or killed.

    “We should stop all this madness. Whatever it will take us to ensure there is sanctity of life, that our country remains one, we should do it.

    “There are no disagreements we have that we cannot come to a table to talk about. None,” he said.

    Another SAN, Mr Ahmed Raji, said before any group is declared a terrorist organisation, certain conditions must be met.

    “I don’t think under the anti-terrorism law, the army headquarters is the appropriate organ to declare a body a terrorist organisation.

    “Before a body is declared a terrorist organisation, there are stages to follow under the Act. There should be a court order to that effect and then it’ll be gazetted and published. Until all these steps are duly followed, it may not hold water in law.

    “I believe for the purposes of integration and understanding, we should be a bit more circumspect in how we categorise individuals or some societies.

    “I think dialogue will go a long way to assist us in resolving some of these lingering problems. But that is not to say that excesses should be condoned.

    “We should use the instrumentality of dialogue to resolve whatever is agitating any set of persons in the interest of all of us.

    “There is need for caution on both sides. Calling for breaking of the country should not be. We should learn to resolve problems not to compound issues.”

    According to Lucas Daramola (SAN), if the military’s claims can be proven then IPOB would find it difficult to shake off a terrorism tag.

    He said: “That depends on the veracity of the claim. If IPOB truly engaged in those actions you listed, nobody can fault the classification. Every act of insurrection against the state can be so classified.”

    Seyi Sowemimo (SAN) reasoned that the terrorism classification may be unnecessary. He suggested that a better path for the government would be to prosecute individual offenders rather than ‘demonising’ the entire group.

    Sowemimo said: “I have some difficulty in classifying them as a terrorist organisation because you could also call this a political struggle, although it’s not supposed to be an armed struggle. There is a tinge of criminal offence associated with it.

    “But I don’t think the classification can lead to a solution for the problem. I think the matter is one that is best solved through dialogue than through this type of classification. I think the classification will only escalate the tension in the country.

    “So, my opinion is that when people are engaged in this sort of political struggle in which they are asserting something like self-determination, it is not advisable to classify them as a terrorist organisation.

    “If there are people who have committed criminal offences, they should just try them under the ordinary criminal laws such as the one dealing with the bearing of firearms without licence, and not trying to deal with the whole organisation in the manner they are doing.

    “Those that have committed offences and are members of IPOB should be charged to court under the appropriate law, but classifying the organisation as a terrorist one is not helpful.”

    Constitutional lawyer and human rights activist, Mike Ozekhome (SAN), faulted the military’s terrorism tag. He said the Defence Headquarters’ examples against IPOB are not weighty enough to justify a terrorism claim.

    He said: “I do not believe the instances cited by the Defence Headquarters justify declaring IPOB a terrorist organisation. The last time I checked, I can’t remember any of such organisations operating in the country being declared terrorist organisations.”

  • Ajayi: Exit of a legal titan

    During my school days at Ilesa Grammar School in the late fifties and early sixties, we students always assemble once a day for morning devotion and our Principal’s address in the school assembly hall. This routine was however broken on one faithful Tuesday early in 1959 when we were summoned by our charismatic principal, the late Canon J A Akinyemi to assemble in the hall by 12 noon on that day. We students were baffled at this unexpected instruction. Many thought that we will be giving an unscheduled holiday for the rest of the day probably as a result of a development in the town. On my part, I was happy for the announcement because it saved me from the boredom of a Latin class coming up at 12noon that day.

    On getting to the assembly hall our principal introduced to us a well-dressed gentleman in a fine and well-tailored English suit with appropriate bowler hat to match. He was introduced to us as Dr.  Festus Adebisi Ajayi, an old student who just came from Britain with ‘the golden fleece’. We were told that he came back recently to Nigeria as a lawyer and he had the best student in his university in London. The announcement by our principal was greeted with an earth shaking applause.  He responded briefly by telling us to work hard in our studies. However, in my juvenile mind, I was confused how a man could be a lawyer at the same time a doctor. At any rate we were all happy that an old student of our school located in the interior of the country could achieve such an academic feat. His introduction on that day went a long way to inspire my generation to aspire to great heights in academics and this was further rekindled later in the year during the silver jubilee celebration of the school when the principal put up a big board with a roll of honour. On this board the names of many old students who had achieved academic excellence were inscribed. Prominent names in this board were those of Hezekiah Oluwasanmi, Olu  Ayoola, Yinka Ayoola, E. C. Araka, C. E. Chidozie, Festus Ajayi,  Kayode Eso, Alfa Belgore and others listed with their degrees. Many of us then determined that one day our names would be inscribed on the board.

    Dr. Festus Adebisi Ajayi was one of the most brilliant Nigerians and to his credit he was very humble about his achievements in academic field. After finishing his secondary school education at Ilesa Grammar school in 1943 with yet to be beaten record, he worked in the colonial Labour Department. From there he left for England in 1949 and there he enrolled at University of London for a degree in Law. It was at the university that he showed his prowess as an academic giant. In 1952 he was the only one placed in First Class honour division in the LLB examination of University of London and in that year he carted away all the scholarship and prizes in the university. His record was unbeaten for many years. The scholarship enabled him to pursue his LLM degree which he bagged in 1954. Dr. Ajayi became an Assistant Lecturer at the London School of Economics in 1955. At this prestigious school, he taught the erudite Professor Ben. Nwabueze and Otunba Michael Subomi Balogun, a notable banker and philanthropist. Dr. Ajayi got his PhD degree in law in 1958 and the title of his PhD thesis was ‘ The Judicial Approach to Customary Law in Southern Nigeria’.

    Just before completing the PhD degree, the late Dr. Ajayi was invited by the legendary Chief S. O. Adebo to join the services of the old Western Nigeria as a Senior Assistant Secretary which was a very senior post for a new comer in the service. He was later offered a higher post as the Deputy Commissioner for Law Revision in the Ministry of Justice. Dr. Ajayi’s career in the civil service was as distinguished and glittering as his sterling academic career. The Western Nigeria public service in Dr. Ajayi’s time was reputed to be the best in Africa under the late Chief Adebo and Dr. Ajayi contributed immensely to this reputation. He worked under the civilian administrations of Chief, Awolowo, Chief Akintola and Dr. Majekodunmi and the military administrations of Colonel Fajuyi, Brigadier Adebayo and Brigadier Rotimi. In his days as a public servant, he was apolitical and gave professional advices to his different heads of governments based on law. He was involved at a very close range in events such as the pre- independence political upheavals in Nigeria, the pre- independence constitutional conferences, the 1962, Federal Emergency Administration in Western Nigeria, the controversial Western Nigeria election of 1965 and the ensuing political crisis that followed, the coup of January 1966 and the counter coup of July 28 1966, the Biafra war and other events that put our country at the brink of disintegration. In his autobiography titled ‘IN OUR DAYS’ he narrated in the most succinct way, the intrigues during the Kampala Peace Meeting to end the Nigerian civil war of 1967 to 1970. He participated in this meeting where a confidential secretary to the Nigerian delegation was abducted and killed.

    The late Dr. Ajayi’s greatest legacy was the revision of colonial laws in Western Nigeria to bring them in line with those required by independent sovereign nation. This aspect of his work was later copied by the federal government, the then other two regions in the country and some African countries. There is no law passed in the old Western Nigeria and Western state between 1959 and 1971 that did not have the input of the late Dr. Ajayi. These laws included those for good governance and those for establishment of institutions such as University of Ife now Obafemi Awolowo University, Western Nigeria Broadcasting and Television services and the creation of Mid-West Region

    The late Dr. Ajayi retired from public service in 1972 as the Attorney General and Permanent Secretary of Ministry of Justice. All in all he worked for 11 different governments. He consistently refused to be made a judge and he was made a Life Bencher and in 1990, after much persuasion, he became a Senior Advocate of Nigeria (SAN) an honour he refused to take in 1977. After retirement he was offered the post of Professor of Law at the University of Ife by the late Professor Oluwasanmi, the Vice -Chancellor of that University. He refused this offer and instead he went into private practice.

    The late Dr. Ajayi was a rare Nigerian and despite his prodigious achievements in Law and public service he shunned all forms of publicity and ostentations. 1n 1965 he was awarded Order of the Niger (OON) which to me does not adequately reflect his prodigious contributions to law and constitutional development of our country. His life-long friend and class mate, the late erudite judge of the Supreme Court of Nigeria,  Kayode Eso described him as ‘a special specie of man who beat all known academic records in white man’s world and in one of the white man’s prestigious universities’. Professor Itse Sagay in 2003 described his brilliance and quiet life thus: ‘he was the first student ever to score 12 straight A’s in all the subjects he studied at the University. His first class degree was therefore unprecedented; a perfect one. That a man of such immense attributes has melted quietly into noisy and brash Nigerian environment for nearly three decades, is a sad loss to law and Nigerian polity as a whole’.

    The above sums up the life of this illustrious, erudite and quiet Nigerian, Dr. Festus Adebisi Ajayi. May his soul rest in perfect peace.

     

    • Lucas, a retired professor writes from University of Ibadan.
  • $1.2b Etisalat debt: Banks consider legal action against core investor

    $1.2b Etisalat debt: Banks consider legal action against core investor

    The 13 banks that raised $1.2billion loan for mobile operator Etisalat Nigeria may press criminal charges against directors of Mubadala Development Company of the United Arab Emirates (UAE).

    This is the latest option the banks are considering to recover the outstanding part of the facility.

    It was gathered that the banks held a meeting at the weekend to consider engaging  a London-based counsel to assemble a team of lawyers to press charges against Directors of Mubadala for abdicating their contractual obligations.

    A source close to the meeting said the banks explored the legal option to save Etisalat Nigeria which they still see as a viable business. They are also said to be interested in ensuring the continuity of Etisalat Nigeria.

    The source said: “The banks have a different position now. The first thing considered at the meeting is the legal option to compel Mubadala through a Mareva injunction to honour its obligations to the consortium. This is because other than this loan crisis, Etisalat is a viable business. The banks have access to theirs books and they can see that despite the crisis, Etisalat’s business value has not diminished. That is why the banks took that position that they are not interested in a takeover of the business. They are in fact more sympathetic to the Nigerian investors led by Hakeem Belo-Osagie and are willing to work with him to steady the ship and keep Etisalat business going while searching for new investors.”

    The source said the lenders also felt that there was no need dissipating needless time and energy on the option of hostile takeover considering that the law is sacrosanct on that. “They realised the licence is not transferrable. So, they alternatively opted to pursue Mubadala for a recovery of the outstanding sum of money from the loan. The banks are said to be convinced of this option considering what they perceived to have been a trend with Mubadala. In each of the country where Mubadala had exited, it left behind burdens of unpaid loans,” the source added.

    Another source close to one of the lenders who corroborated the development, said: “The banks rose from their weekend meeting with a strong resolve that Mubadala may have tried this trick with the wrong customers this time around. Yes, I can confirm they will press charges.

    A leading Investment Analyst who works as External Consultant to the Central Bank of Nigeria (CBN), speaking on condition of anonymity, has advocated a stronger involvement of the Federal Government at the diplomatic, economic and trade relations levels as options to save Etisalat Nigeria.

    According to him, government needs to reach out to the Abu Dhabi government to rein in the Directors of Mubadala and compel them to respect a contractual loan obligation they entered into in Nigeria with the consortium of banks. At the economic level, the government must provide all necessary support under its “Ease of Doing Business” policy to new investors the Emerging Markets Telecommunications Services’ team led by Hakeem Belo-Osagie may be reaching out to. Key members of the nation’s Economic Management team such as the Minister of Industry, Trade and Investment, Minister of Finance and the Central Bank Governor can be directed to join the NCC to provide all necessary concessions to enable the new investors make their decision and settle in quickly,” he counseled.

    “The second leg of the proposed economic intervention is for the government to direct the Sovereign Wealth Fund to invest in Etisalat considering its continued viability as a business. Telecom is a critical national infrastructure that represents the backbone of business, economic development and even national security. The intervention of the Sovereign Wealth Fund will not only preserve the jobs of thousands of Nigerians directly employed by Etisalat Nigeria but that of scores of other Nigerians indirectly employed in the entire value chain of the Etisalat business,” he said.

  • Senators, others face legal tussle over Magu

    Senators, others face legal tussle over Magu

    A Lagos businessman, Mr. Raji Rasheed Oyewumi, has filed a suit at the Federal High Court Abuja seeking the nullification of the screening of the Acting Chairman of the Economic and Financial Crimes Commission,  Mr. Ibrahim Magu by the Senate.

    He also asked the court to declare that the President of the Senate, Dr. Bukola Saraki and 10 Senators, being investigated by EFCC, ought not to have participated in the screening of Magu.

    He said due to conflict of interest, the court should disqualify Saraki and the 10’Senators from further participating in the screening of Magu.

    He said the court  should declare the screening of Magu on the 15th day of December 2016 without first referring him to the appropriate committee of the Senate as illegal, null, void and of no effect whatsoever.

    The defendants in the matter are Saraki, Senators Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwaso, Ahmed Sani. Danjuma Goje, Joshua Dariye and Adamu Abdullahi.

    Others are the Clerk to the National Assembly, the Senate, the Attorney-General of the Federation and the Acting EFCC chairman.

    The plaintiff, through his counsel, Mr. Inibehe Effiong,  sought the following reliefs: “An order to set aside the screening the screening, votes, proceeding and resolutions of the Senate of the Federal Republic of Nigeria (the 13th Defendant/ Respondent) of Wednesday, 15th March, 2017 as they relate to the nomination or appointment of Mr. Ibrahim Mustapha Magu (the 15th Defendant/Respondent) for the position of Chairman of the Economic and Financial Crimes Commission (EFCC).

    “A declaration that the 1st Defendant is disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Senate Standing Orders, 2015 (as amended) from presiding over or participating in the deliberation, screening and voting on the nomination of the 15th Defendant for the position of Chairman of the Economic and Financial Crimes Commission due to the apparent conflict of interest arising the 15th Defendant’s active role in his ongoing trial at the Code of Conduct Tribunal.

    “ A declaration that the 2nd to the 11th Defendants are jointly and severally disqualified by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Senate Standing Orders, 2015 (as amended) from participating in the deliberation, screening and voting on the nomination of the 15th Defendant for the position of Chairman of the Economic and Financial Crimes Commission due to the apparent conflict of interest arising from their pending or ongoing cases of financial and economic crimes given that the 15th Defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes.

    “A  declaration that the 1st to the 13th Defendants jointly and severally violated the Senate Standing Orders, 2015 (as amended) when they participated in the screening, deliberation and voting on the first or earlier nomination of the 15th Defendant in the 13th Defendant on the 15th day of December 2016 by not declaring their pecuniary interests in view of their pending or ongoing cases of financial and economic crimes given that the 15th Defendant is coordinating and supervising the investigation into or prosecution for the said financial and economic crimes involving the 2nd to 11th Defendants.

    “A declaration that the first and earlier rejection of the nomination of the 15th Defendant for the position of Chairman of the Economic and Financial Crimes Commission by the 1st to the 13th Defendants on the 15th day of December 2016 without first referring the 15th Defendant to the appropriate committee of the 13th Defendant and at an executive or closed session instead of an open session is illegal, null, void and of no effect whatsoever.

    “A declaration that the 15th Defendant is entitled to be accorded fair hearing by the 1st to the 13th Defendants during screening, deliberation and voting in the Senate of the Federal Republic of Nigeria on his nomination for the position of Chairman of the Economic and Financial Crimes Commission.

    “An order of injunction restraining the 1st Defendant from presiding over or participating in the screening, deliberation and voting on the nomination of the 15th Defendant for the position of Chairman of the Economic and Financial Crimes Commission.

    “An order of injunction restraining the 2nd to the 11th Defendants from participating in the screening, deliberation and voting on the nomination of the 15th Defendant for the position of Chairman of the Economic and Financial Crimes Commission.”

  • Legal, fiscal pathways to recession exit

    Renowned author and erudite scholar Sebastine Hon (SAN)  suggests ways out of recession through law.

    •Continued from last week

    Rather than sell national assets, the Congress, in October, 2008, established the Troubled Asset Relief Programme (TARP). The Federal Treasury used part of the proceeds from this to inject massive funds into the nation’s banks, which in turn dished out interest-free loans to large scale, medium scale and small scale businesses. The effect this singular policy had on the US economy can only be imagined.

    • Between 2009 and early 2010, the US Government engaged itself in massive ease-offs, by buying treasury bonds and mortgage securities – to consciously lower long-term interest rates.The Government also guaranteed bank debts for responsible corporate organisations – to give then stability and growth, which in turn was to help grow the national economy.
    • The Federal Government also gave tax rebates to the lower and middle income earners – for the purpose of further strengthening the economic and purchasing power of these groups and, therefore,stimulating the economy. Through this and related efforts, close to $1trillion was injected into the national economy.

    With these and several other measures, the Obama-led government successfully pulled the USA out of recession and rapidly placed it back on the fast lane of growth, earning President Obama a well-deserved second term in office.

    Thus, in his last State of the Union Address in January, this year, Mr. Obama proudly announced thus: “Let me start with the economy, and a basic fact: the United States of America, right now, has the strongest, most durable economy in the world. We’re in the middle of the longest streak of private-sector job creation in history. More than 14 million new jobs; the strongest two years of job growth since the ’90s; an unemployment rate cut in half. Our auto industry just had its best year ever. Manufacturing has created nearly 900,000 new jobs in the past six years. And we’ve done all this while cutting our deficits by almost three-quarters. Anyone claiming that America’s economy is in decline is peddling fiction.”

    Conclusion

    The economic difficulties faced by Nigeria and Nigerians are not too peculiar as to attract panicky measures. The President as the father of the nation should be proactive, patriotic and unrelenting, as did Presidents Roosevelt and Obama of the US, which saw the US pulling out of the economic complexities of those times.

    I will add that with the resumption of bombing of oil facilities by the Niger Delta militants, coupled with the growing uncertainty in the international oil business, the best bet for the Buhari-led administration is to channel efforts towards agriculture and manufacturing, using the Keynesian economic theories, intermixed with a proactive legislative effort as adumbrated above. And of course, the sooner the herdsmen-farmers’ dispute is put behind us, the faster we shall achieve these goals and move Nigeria out of recession.

    President Buhari acknowledged this role of agriculture and manufacturing on  September 29, this year, at the 44th Annual General Meeting of the Manufacturers Association of Nigeria, at Transcorp Hilton Hotel, Abuja.

  • 20-member legal team for Akeredolu

    A team of lawyers have been selected by the governorship candidate of the All Progressive Congress (APC), Oluwarotimi Akeredolu, to provide legal support to the campaign committee before, during and after the election.

    Akeredolu is a senior advocate and former Nigeria Bar Association (NBA) President.

    The Legal Committee has Kola Olawoye and Charles Titiloye as chairman and secretary.

    Other members are Sola Ajisafe, Sola Oludipe, Duro Adonis, Yinka Adeyosoye, Akin Adesemoye, Henry Adegbemile, Smart Omotadowa, Desmond Adejumola, Tunde Ajayi, Bode Famakin, Festus Oluwagbenga, O. F. Umar, A. D. Makinde, Temilade Johnson, Akin Omoyajowo, Victor Olatoyegun and Kunle Adedara.

    The legal team will be inaugurated this week.

  • Legal, fiscal pathways to recession exit

    Renowned author and erudite scholar Sebastine Hon (SAN)  suggests ways out of recession through law.

    fter many months of dangerously playing the ostrich, the Federal Government, just last July, admitted that Nigeria was in an economic recession.

    That our economy was already in recession two years ago was crystal clear, even to the toddlers; but the Federal Government kept playing over our collective psyche until 21 July, 2016, when the Finance Minister, Mrs. Kemi Adeosun, admitted that the national economy was in recession.

    Following this pronouncement, a flurry of (most often) misguided remedies has become the order of the day, some stemming from egocentric epicenters. The Government, too, without any profound or even slight engagement with the Nigerian public, first flirted with the idea of selling off Nigeria’s national assets, before beating a quick retreat when there instantly sprung up raging fury from Nigerians.

    There are many options open to the Government on the way out of the economic recession; and the least acceptable, given our circumstances, is that of sale of our national assets. In spite of the belated denials from high ranking officials of Government, I will still briefly examine the viability of selling of our national assets as a way out of the economic recession, before I will examine the other possible solutions. In both cases, I will cite historical, legal, economic and empirical examples.

    The New Zealand model on sale of national assets

    If we must sell our national assets, all Nigerians, via the process of a national referendum, must give their consent – and in this wise, I will suggest the recent New Zealand example.

    The 2013 New Zealand asset sales referendum, which took place from 22 November 2013 to 13 December 2013, involved the New Zealanders voting either in support of or against their government partially privatising some of that country’s national assets and the reduction in the government’s share in their national carrier, the Air New Zealand.

    Above all, however, I hereby maintain that sale of our national assets is not in the best interest of Nigeria. One pertinent question is: if we sell off such assets and the recession refuses to abate or even develops into a full depression, what will be our next step as a nation? Sale of national assets, apart from being questionable, is only a short-term measure which will have no answer to possible economic challenges of the longer future. It should be resisted vigorously. And this takes me to the Australian example.

     

    The Australian example

    Recently, the question whether or not the Government of Australia should sell off some of its precious national assets arose. In the heat of this debate, Australia’s National Treasurer, Scott Morrison, rejected outright, bids for a controlling interest in the Ausgrid electricity network and the government-owned State Grid Corp. On 11 August, 2016, Mr. Morrison declared in a press conference thus:

    “I have informed the Ausgrid bidders of my preliminary view that their foreign investment proposals are contrary to the national interest.”

    Earlier this year, the same Mr Morrison had blocked the sale of Australia’s largest cattle rancher, S Kidman & Co., to a Chinese international business concern, saying it would be against the national interest to do so. Rather than outright sale,

    Morrison has always insisted that the government is readily disposed to foreigners investing their money in Australia. A 99-year lease of the concerned assets is being offered by the Australian Government through him, instead.

    The best way out: Fine mix of macro-economic and legal measures

    Historically and economically, nations that either faced economic recessions or depressions adopted fast-track macro-economic and legal measures that produced wonderful socio-economic and even political results. We shall explore these, starting with the famous Keynesian theory adopted most by such countries.

     

    Keynesian economic theories

    British-born economist, John M. Keynes, submitted in his “The General Theory of Employment, Interest and Money,” that lower aggregate expenditures in an economy contribute to a massive decline in income and to employment that is well below the average. In such a situation, he submitted, the economy reaches equilibrium at low levels of economic activity and high unemployment. His  solution is this: to keep people fully employed, governments have to run deficits when the economy is slowing, as the private sector would not invest enough to keep production at the normal level and bring the economy out of recession. Accordingly, that during severe economic crisis, government should increase spending and or cut down taxes.

    These theories were later expanded to include another important element: that during such austere times, the government should also extend credit guarantees and lower interest rates.

    We shall examine the regimes of two US Presidents which employed these theories, utilising sound legislation and fiscal policies, to pull the US out of deep economic climb downs at two different historical intervals.

    President Franklyn Roosevelt and the Great Depression

    Leading economic historian, Irving Fisher, has argued that the controlling factor that led to the Great Depression was a vicious circle of deflation and growing over-indebtedness. He outlined nine intertwining factors, which in his opinion contributed to that Depression, thus:

    • Debt liquidation and distress selling;
    • Contraction of money supply;
    • A fall in the level of asset prices;
    • A still greater fall in the net worth of businesses, precipitating bankruptcies;
    • A fall in profits;
    • A reduction in output, trade and employment;
    • Pessimism and loss of confidence;
    • Hoarding of money; and

    Economic historians have segmented “The New Deal” into two. The “First New Deal” (1933–34) dealt with the pressing banking crisis; and this was achieved through the Emergency Banking Act; the Federal Emergency Relief Administration (FERA) and the Civil Works Administration (CWA). While the FERA provided hundreds of millions of US Dollars to the various States and major cities’ administrations, the CWA provided quick funding for localities to undertake projects in the 1933-1934 period.

     

    The “Second New Deal” covered the period 1935-1938; and during this time, the “Works Progress Administration” (WPA) programme consolidated on the gains of the First New Deal, by deliberately providing massive capital to ensure the US Federal Government was by far the biggest employer of labour. And to prevent labour being mindlessly exploited, the Fair Labour Standards Act, 1938 was enacted.

    There were also the Farm Security Administration of 1937 and the Social Security Act, which were protective legislations that targeted the rural and poor/challenged segments of the population.

    As stated above, President Roosevelt, with the backing of the US Congress, pulled the US economy out of the Great Depression, a feat that contributed in earning him a historical four terms in office!

    Clearly, therefore, Nigeria which is only in recession and is not yet in depression will quickly opt out of this quagmire if just half of what President Roosevelt did is implemented. And for a reminder, President Roosevelt massively cooperated with the US Congress to achieve that feat. Our dear President Muhammadu Buhari should, with respect, do no less.

    Enters President Barak Obama

    It is too soon to forget that President Barak Obama assumed office of the USA when that country was on the roller coaster to economic recession. What instruments of government and governance did he deploy in trying to pull back his country from that journey to the dark? We shall examine the efforts, highlighted in the following bullet points.

    • Less than one month upon assumption of office, President Obama pushed for the promulgation by Congress of the American Recovery and Reinstatement Act, which enabled the provision of $800billion in government spending and tax cuts – to jumpstart the economy. Out of this amount, a princely $54billion a year as provided for, to expand unemployment insurance. These legal and fiscal measures alone rolled back unemployment by over 3 million jobs.
    • In early 2008, the Government lowered interest rates; and later that year, it completely erased interest rates – by adopting a zero-interest rate regime.
    • Rather than sell national assets, the Congress, in October, 2008, established the Troubled Asset Relief Program (TARP). The Federal Treasury used part of the proceeds from this to inject massive funds into the nation’s banks, which in turn dished out interest-free loans to large scale, medium scale and small scale businesses. The effect this singular policy had on the US economy can only be imagined.
    • Between 2009 and early 2010, the US Government engaged itself in massive ease-offs, by buying treasury bonds and mortgage securities – to consciously lower long-term interest rates. The Government also guaranteed bank debts for responsible corporate organisations – to give then stability and growth, which in turn was to help grow the national economy.

     

    • The Federal Government also gave tax rebates to the lower and middle income earners – for the purpose of further strengthening the economic and purchasing power of these groups and therefore stimulating the economy. Through this and related efforts, close to $1trillion was injected into the national economy.

    With these and several other measures, the Obama-led government successfully pulled the USA out of recession and rapidly placed it back on the fast lane of growth, earning President Obama a well-deserved 2nd term in office. Thus, in his last State of the Union Address in January, 2016, Mr. Obama proudly announced thus:

    “Let me start with the economy, and a basic fact: the United States of America, right now, has the strongest, most durable economy in the world. We’re in the middle of the longest streak of private-sector job creation in history. More than 14 million new jobs; the strongest two years of job growth since the ’90s; an unemployment rate cut in half. Our auto industry just had its best year ever. Manufacturing has created nearly 900,000 new jobs in the past six years. And we’ve done all this while cutting our deficits by almost three-quarters. Anyone claiming that America’s economy is in decline is peddling fiction.”

    Conclusion

    The present economic difficulties faced by Nigeria and Nigerians are not too peculiar as to attract panicky measures. The President as the father of the nation should be proactive, patriotic and unrelenting, as did Presidents Roosevelt and Obama of the USA, which saw the US pulling out of the economic complexities of those times.

    I will add that, with the resumption of bombing of oil facilities by the Niger Delta militants, coupled with the growing uncertainty in the international oil business, the best bet for the Buhari-led administration is to channel efforts towards agriculture and manufacturing, using the Keynesian economic theories, intermixed with a proactive legislative effort as adumbrated above. And of course, the sooner the herdsmen-farmers’ dispute is put behind us, the faster we shall achieve these goals and move Nigeria out of recession.

    President Buhari himself acknowledged this role of agriculture and manufacturing on 29th September, 2016, at the 44th Annual General Meeting of the Manufacturers Association of Nigeria, held at Transcorp Hilton Hotel, Abuja, when he told his audience that given the present realities, these two sectors remained the surest ways out. Both sectors of the economy will, however, serve this purpose if there is peace and equity in Nigeria.

    Admittedly, the Federal Government of Nigeria is having severe liquidity problems; but better options include borrowing from friendly international organisations. In any case, it is shocking that Mr. President’s economic team recently rejected lowering of interest rates, which as shown above is a very important component of the Keynesian economic theory of arresting receding economies! This policy should be reversed immediately! The same thing goes for the Government’s annoyingly restrictive policy on foreign exchange, which has unwittingly soared the price of forex, thereby nearly bringing down the entire economy!

    God bless Nigeria.

    Sent in for publication by:

    SEBASTINE HON, SAN, FCIArb.

    (Abuja-based Private Legal Practitioner/Constitutional Lawyer)