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Tag: litigation

  • How Nigeria added territory without war, litigation

    How Nigeria added territory without war, litigation

    By Garba Shehu

    With the important announcement of the accession of United Nations to the nation’s request for the extension of the country’s continental shelf a few days ago,  no one should be in doubt any longer about the rising capacities of Nigeria in the emerging geopolitical equation, globally.

    Adnan Rashid Nasser Al-Azri, chairman of the United Nations Commission on the Limits of the Continental Shelf (CLCS), who disclosed the development, said following a successful submission, Nigeria’s continental shelf had now been extended from 200 nautical miles to 220 nautical miles.

    The government of Nigeria under President Bola Tinubu promptly acknowledged this and praises the UN for acceding to the nation’s request.

    The continental shelf of a sovereign state comprises the seabed and subsoil of the submarine areas that extend beyond its land territory to the outer edge of the continental margin.

    The effort to extend, as much as possible, Nigeria’s continental shelf began with a submission on May 9, 2009 following new rules of engagement in accordance with Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS) of 1982.

    Read Also; I’ll justify the trust Nigerians place on me – Tinubu

    According to the convention, littoral states that pass the test of appurtenance qualify to make applications backed by geological and geophysical data to the United Nations.

    On that day, Nigeria made a submission for an extended continental shelf to the United Nations Commission on the Limits of the Continental Shelf (CLCS), the UN body made up of 21 experts from all over the world charged with the responsibility of examining and approving all applications for an extended continental shelf. According to the country’s Ministry of Justice, Nigeria’s submission had teething problems right from the onset. The UN sub-commission appointed by the CLCS to consider Nigeria’s submission after its initial examination queried so many aspects, including the qualifier test of appurtenance and requested for more data and information in order to proceed with the consideration.

    From the time the submission was made in May 2009, the project virtually came to a standstill because of lack of funds, and the UN sub-commission kept sending invitations to Nigeria to submit the data it requested, and also respond to the queries it posed, but the country could do none of these because there were no funds to conduct the data collection surveys.

    This lull spurred the Nigerian Senate at its sitting on February 14, 2013, having recognized the causes of the delays, to make resolutions, asking government to fund the project and constitute an independent technical body to manage the Extended Continental Shelf Project and to cut out bureaucracies of government.

    When President Muhammadu Buhari came in 2015, the project was at a standstill, and when he was briefed on November 4, 2015 by the National Boundary Commission, he immediately constituted the High Powered Presidential Committee on Nigeria’s Extended Continental Shelf Project (HPPC) on November 5, 2015.

    He named the then Attorney General and Minister of Justice, Abubakar Malami to chair the committee, with Surveyor Aliyu Omar as member/secretary. Other members of the committee included Professor Lawrence Awosika (the chairman of the UNCLCS at that time, himself a Nigerian), Mr. Lufadeju Aderinola from the Department of Petroleum Resources, Dr. Regina Folorunsho from the Nigerian Institute of Oceanography, Rear Admiral Chukwuemeka E. Okafor, the Hydrographer of the Nigerian Navy, Mr. Victor John from the Federal Ministry of Environment, Mr. Zachariah M. Ifu from the Federal Ministry of Foreign Affairs and the Director General, National Boundary Commission, Dr. M. B. Ahmad.

    The then president mandated the committee to “among other things, steer the remaining aspects of the project including the successful extension of Nigeria’s maritime territory beyond 200 metres”. The goal for the constitution of the HPPC was to cut down on government bureaucracies, as the only way to enable the commencement of the consideration of our submission on time and save the government funds.

    In his charge to the committee, President Buhari said “I am looking forward to the day that I can announce to Nigerians that additional maritime territory has been approved for Nigeria by the United Nations Commission on the Limits of the Continental Shelf”.

    “I have always had special interest in this project right from the first day I heard of it, because this type of project where Nigeria will gain additional territory without conflict has never happened before in her lifetime.

    “It is my intention to support the submission to the United Nations for additional maritime area, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) to claim for Nigeria every bit of space that she deserves under UNCLOS.

     ”It is pleasing to know that most wars that have taken place in the world since time immemorial including present times have always been territorial, and Nigeria has this one and only chance to gain territory without war, litigation, or purchase.

     ”More so when this territory lies within the area dubbed as ‘the Golden Triangle’ in the Gulf of Guinea, which contains unquantifiable resources some of which have not even been discovered.’’

    Upon its inauguration, the committee immediately swung into action by first undertaking a new data collection survey to provide the much-needed data and information tailored to fit in with the request of the UN sub-commission in very deep offshore which had never been surveyed before.

     The committee changed the premise that was adopted in the first submission from “evidence to the contrary” to a method based on the “General Rule” – morphology backed by geology/geophysics and, among other things gave assurances to the CLCS of a promise of the judicious use of funds accruing from sale of data through the then Department of Petroleum Resources, DPR.

    After the data collection surveys, the committee made an amended submission to the UN sub-commission on November 26, 2016, encompassing an area of about three times the size of the first Nigerian submission made in 2009.

    Following the presentation of the amended submission, the Nigerian team and the sub-commission met more than 20 times at the United Nations in New York to answer questions, clarify issues and present additional data and information, as requested by them. At these meetings, the technical team argued Nigeria’s case with many presentations and submitted additional data and information.

    While it took nine years for the first submission to be made, the HPPC under Malami took exactly nine months to make an amended submission. Nigeria made considerable progress within this period as to warrant a full CLCS plenary meeting in March 2023 for consideration and final approval of the submission. This is then led to the approval of a further 20 nautical miles to the existing maritime boundary.

    With this, the country has gained additional territory without war or conflict of any sort, litigation or purchase, as has never happened before in her lifetime. Initial surveys indicate that the added territory contains “unquantifiable resources,” that include huge oil and gas reserves.

    While the nation must thank the dedication of the previous APC administration for how the country came this far, more is still is expected of the Tinubu administration- one that has put in place a stand-alone ministry of Blue Economy in view of its significance -to bring home the expected benefits to the nation’s economy and national security.

    • Shehu is a journalist and former presidential spokesperson.

  • Litigation, controversy and equity

    Litigation, controversy and equity

    Nigeria is witnessing the most controversial, sensational, and laughable presidential litigation since the Second Republic when it began the presidential system. Citizens look up to the highest court in the land to resolve the politically motivated legal riddle. Whenever the apex court pronounces its decision, no other opinion will count.

    At the close of the February 25 poll, the Independent National Electoral Commission (INEC) declared Bola Ahmed Tinubu of the ruling All Progressives Congress (APC) winner of the historic poll that had polarised the country. Two rivals – Atiku Abubakar of the distressed Peoples Democratic Party (PDP) and Peter Obi, who had hurriedly hired the often “used and dumped” Labour Party (LP) as an emergency platform – challenged the victory of the president at the tribunal. That move posed a big headache to the layman.

    How can two candidates challenge the victory of one man with each laying claim to the Certificates of Return from INEC? It is a big dilemma, a somewhat maladaptive behaviour to the reality of electoral defeat and loss of political investment. The corollary of their claim, to a layman, is that at least, one of them is either lying, deficient in self-assessment or evading reality, or deliberately looking for an excuse to stir up mischief.

    Atiku, who came second, is challenging Tinubu, which means that he is opposed to the claim of Obi. In fact, the PDP has maintained that its former member, Obi, never won the poll as LP flag bearer. Also, since Obi, who came third, is challenging Tinubu and claiming victory, it means that he is also trying to attack or liquidate Atiku’s claim to victory.

    The long and short of it, as affirmed by the tribunal, is that victory cannot belong to three people at the same time in one presidential election. There must be only one winner while the others must be the losers.

    The tribunal’s verdict explicitly proved that Tinubu won. This means Atiku and his 2019 running mate, Obi, made spurious claims that collapsed like a pack of cards in the temple of justice.

    However, that robust and lucid unanimous verdict is not final. The case has now moved to the Supreme Court, the final arbiter. The two losers have the backing of the law to reject the poll result.

    At the tribunal, the main bone of contention was the lack of substantial compliance with the electoral law. Put succinctly, Atiku and Obi, in their separate claims, alleged ‘fraud’. Their prayers were the same: withdraw Tinubu’s victory and give it to us. The court declined because that victory cannot be sliced into two, with one half allotted to the Wazirin Adamawa and the other half given to Obi, former governor of Anambra State. That is the view of the layman.

    The true picture is that the tribunal dismissed the separate but similar allegations of Atiku and Obi and affirmed the president’s victory. The tribunal judgment dampened their illusory hope; yet, it nevertheless brought out the best of creativity in the two defeated candidates. The previous claims were dusted and tabled before the Supreme Court. But the memory of the tribunal judgment is troubling. Therefore, new claims had to be invented and brought to the front burner: Tinubu had to show evidence of his Chicago University days, including the attendance sheets he signed before taking lectures, to show that he was a student of CSU.

    Also, he needed to convince the court and, indeed, all inclined naysayers, self-appointed social media jurists, and incurable detractors that he never forged his diploma.

    Read Also: Respite as Tinubu okays payment of withheld ASUU salaries

    For Atiku, the desperation is obvious. And it is for a reason. The former vice president is bent on asking the apex court to assume trial jurisdiction in the presidential litigation, although the 180 days for the hearing of the election petition had elapsed.

    But why did Atiku initially fail to challenge the election result based on his allegation of forgery, no matter how unfounded?

    Did he know that the tribunal is a court of trial while the Supreme Court is a court of review? Is the difference not glaring? Why play the ambush game with the nation’s apex court?

    The approach, this time round, is different. It is a two-way attack. Atiku and Obi approached the apex court on appeal. They also took the matter to a court without setting any boundaries, and innocence – or ignorance – appears colossal.

    The judgment passed by the ‘street court’ or court of public opinion is always instant because of the presence of jurists without an idea about the modus operandi of the judicial system. Yet, they are more vocal than the learned men and women who have perused so many cases to draw legal inferences from them in tandem with the issues at hand.

    Atiku and Obi may win with the pedestrian jurists, but the subjectivity will not lead to the achievement of political power.

    Thus, the burden shifted from Tinubu to his alma mater, which confirmed that he attended the school and graduated in flying colours. The disclosure may be detrimental to Atiku’s newest or additional evidence, which may now become a fable before the highest court in the land.   Many commentators – experts, tyros, and ignoramuses – have been dissecting the evidence on the pages of newspapers and the studios of radio and television stations.

    But will the apex court rely on such opinions, sentiments, and half-truths that belie logic, law and precedents? Any further comment may even pale into contempt of the court.

    Despite these obvious limitations, the creative Adamawa politician and his former running mate returned to the street to whip up emotions during their separate media briefings. Atiku challenged Tinubu to bring out more details about the schools he previously attended. He beckoned on Rabiu Kwankwaso of the crisis-ridden New Nigeria Peoples Party (NNPP) and Obi for a curious post-election collaboration. Kwankwaso of Kwankwansiyyya Movement declined outright. Obi, who initially was undecided, dragged his foot for a few days. Maybe, he later agreed to hold an inexplicable press conference, following tips by ‘Ahitophelian’ advisers who have a score to settle with the president.

    Obi’s mentors these days include a General and a cleric. Both have the Ota connection.

    Also, Atiku and Obi claimed that they never knew Tinubu: erstwhile Mobil treasurer, Third Republic senator, National Democratic Coalition (NADECO) chieftain, former Lagos State governor who was leader of the Action Congress (AC) that fielded Atiku for President in 2007, and National Leader of the APC, whose presidential ticket Atiku once competed for.

    They allowed whatever hatred they harboured against the President to becloud their sense of honesty. They insisted that the Number One Citizen should ‘reintroduce’ himself to almost nine million Nigerians who endorsed him at the poll. As they drew the president out, Nigerians also asked them to do the same by re-introducing themselves to the world and clearing their identity question. 

    There is nothing Tinubu had submitted to INEC that is new and, according to his party, indefensible. If, as alleged by Lamidi Apapa’s faction of LP, represented by Arabambi, Obi bears Peter on one certificate and Gregory Onwubwuasi on other certificates, does that not suggest an atom of identity crisis?

    From the scattered and ‘disarticulated’ Obedients, mum is the word. Many Nigerians have also turned the heat on the former vice president.

    Politicians should be aware of the unintended consequences of their actions. A searchlight was beamed on Atiku’s WAEC. There appeared a discrepancy, which caught attention. Who is Sadiq? Atiku, in his response, said: “I used Sadiq Abubakar to sit for my WAEC and after passing my exams, I went to swear to an affidavit to say I am the same person as Atiku Abubakar. I went to ABU as Atiku Abubakar and passed my exams as Atiku Abubakar. Interviewed as Atiku Abubakar by the Federal Civil Service Commission and hired into the Customs Service as Atiku Abubakar. So, where is forgery there?”

    This is logical. But the illogicality there is that while Atiku has an affidavit, his supporters do not want to hear that Tinubu also has an affidavit.

    Does that mean some people live in a glass house and continue to throw stones? President Tinubu, it can be said, thrives in adversity. He has cleared himself. Attention has now shifted from his documents to the certificates of Atiku and Obi.

    A faction of the LP has insisted that Obi should reintroduce himself to Obidients and the general public. Whenever you point a finger at a foe, remember that four others are facing you with question marks.

    The lesson is Instructive. Let us be circumspect even in our moments of desperation. Let those who demand equity clean their hands thoroughly before setting out. You never can tell who might spot the stains of yesteryears in your fingers. 

  • We’re not  enemies despite litigation, says governor

    Ekiti State Governor Kayode Fayemi has said he and former governor, Chief Segun Oni, are not enemies despite legal battle.

    Fayemi said the litigation instituted against him challenging his eligibility to contest the July 14 gubernatorial election in the state doesn’t translate to enmity.

    The governor, who ordered the stoppage of the Ekiti Kete House of Arts, the standing band of the local APC singing “E wa wo yeye Segun lode,” which means “Come and see Segun (Oni) ridiculing himself in the public, said Oni was right to have gone to court since he felt strongly about a position.

    Fayemi, who spoke in Ado-Ekiti during the swearing in of the Head of Service, Mr. Ayodeji Ajayi, said his victory at the Supreme Court  would afford the state to move forward and end all contentions about his emergence.

    The governor said the apex court judgment showed that he resigned in line with the constitutional provision and that the primaries of the party, which produced him as All Progressives Congress governorship candidate in 2018, was free, fair and credible.

    “Ekiti must move forward. Enough of these distractions. Enough of these recriminations over matters that ought not go to court…

    ”Now that the highest court in the land has pronounced definitely on it, I hope he would  play a more active role in the party.

    “Oni, to the best of my knowledge, remains a member of the APC. I don’t believe he has elected to remove himself from the party. But I think this would not lead to another round of recriminations and attacks,” Fayemi said.

    He, however, urged Oni to take a cue from the  judgement and contribute to the success of the party.

    The governor urged the new HoS to be upright and provide the right leadership for the civil service, urging him to justify the confidence repose in him through effective service delivery.

    The governor added that Ajayi emerged from a rigorous exercise carried out under the policy code named Civil Service Transformation Strategy used by his administration during the first tenure and reintroduced during his second coming.

  • Election disputes: INEC advocates ADR in place of litigation

    The Independent National Electoral Commission (INEC) has called for enhanced application of alternative dispute resolution (ADR) mechanisms in the resolution of election disputes.

    INEC said its position was informed by its experience over the years and the inadequacy of existing traditional administrative and litigation methods of resolving election related disputes.

    INEC’s Secretary Mrs. Augusta Ogakwu, who identified the many attributes of ADR, said it is cost effective and ensure prompt dispute resolution.

    Mrs. Ogakwu said available options for the resolution of electoral disputes, which before now were limited to “administrative solutions and litigation, were inadequate as the underlying issues could not be handled through these rigid processes”.

    The INEC Secretary spoke in Abuja at a public lecture and mock mediation session at the High Court of the Federal Capital Territory (FCT) at the instance of the Institute of Chartered Mediators and Conciliators (ICMC), Abuja branch.

    She noted that most electoral disputes arise from the persistent non-adherence to internal democracy by political parties and the unwillingness of political players to play by the rules.

    The INEC Secretary said her commission, having realised the benefit of ADR, establish a unit for that purpose in 2009 “with a mandate to propagate and implement the use of ADR in electoral disputes, workplace conflicts and others.

    “These extend to aspects of the electoral process in which there is a need for quick intervention or decision that is acceptable to the parties.”

    Mrs. Ogakwu said INEC, having realised the many benefits of ADR, including being cost effective and time-saving, the commission intends to continue to employ it in its operations.

    ICMC Chairman Abuja branch, Dr. N.T.H. Dindi said it was imperative to propagate the need for enhanced deployment of ADR to electoral disputes as the nation prepares for the next season of general elections.

    Dindi added: “We wish to lend our voice to the debate on how we can use mediation as a peace-building mechanism to resolve post-election disputes.”

     

  • Author threatens publisher, JAMB with litigation

    Author threatens publisher, JAMB with litigation

    THE author of ‘The last days at Forcados High School’ Mr Ayobami Hanif Muhammed, is threatening a legal action against Cassava Republic, publishers of the book, for breach of contract.

    Muhammed said his legal battle wouldalso extend to the Joint Admissions and Matriculation Board (JAMB) for allegedly defrauding him.

    At a briefing at the University of Lagos at the weekend, Muhammed and his lawyer, Ajayi Rahseed Fatoki, said they had filed an action against Cassava Republic, adding that JAMB would be notified soon.

    Mohammed recounted how he wrote the book as an undergraduate of Medicine in University of Lagos in 2006 and forwarded the manuscript to Cassava Republic, then a new publishing firm which accepted and published it in 2013.

    A year after, Muhammed said Fafunwa Education Foundation, picked interest in the book, recommended it for JAMB which adopted  it to be used  by candidates for General English for three consecutive years ( between 2014-2017), after the book has survived the board’s rigorous screening. Thereafter, Muhammed said he and the publisher were contacted, but since he had already entered into an agreement with the publisher, he felt there was no need to be at the negotiation between the publisher and JAMB, hoping the former would represent his interest.

    According to him, both parties signed an agreement to issue each copy of the book to all candidates that bought JAMB registration form within the years mentioned.

    Muhammed said: “After this, the publisher contacted me and to my shock started making efforts to compel me to deviate from my contract by agreeing to a lower royalty rate, citing discount. She first tried to get me to agree to a net royalty; this means all cost which ordinarily should be borne by the publisher, would be deducted from the author’s share. When I refused, she then suggested halving my royalty due to ‘bulk’. I refused and then all sorts of pressure, pleadings and even blackmail were applied. They took advantage of the fact that I was not present at any of the discussions and refused to show me the agreement they had with JAMB which they were contractually obliged to show me. After all this, I agreed to a reduction of 4.5 per cent royalty. This was, however, for the first year. Each year would be negotiated between the author and publisher.”

    After the first sale in 2014-2015, Muhammed said he received a statement from the publisher, stating that 1,295,963 copies of the book were sold as against JAMB’s official figure of 1,475,477. “I requested for an explanation for the discrepancy and the reply I got was ‘JAMB paid them (publisher) for the number of books picked up by students”,  noting that it was at this point he decided to inform his lawyer to arrange for a meeting, which yielded little or no outcome as the publisher continued to use different tactics to explain the discrepancy.

    He lamented that he had not received any royalty for 2015/2016, while JAMB has only decided to adopt the book only for Direct Entry candidates for this session.

    Earlier in the year, I was invited to an informal meeting with the  JAMB Registrar at which to my surprise, he tried to persuade me to agree with the publisher. When the UTME registration was announced for this year, I saw my book was for Direct Entry candidates, while another book by the same publisher was for the UTME. This was against what the publisher told me from the beginning and I did not give permission for my book to be used for ‘Direct Entry’ candidates”

    Fatoki lamented that ever since the agreement was signed, his client had not been obliged with a copy of it. Rather, Fatoki said the publisher has continued to employ varying tactics from subtle intimidation to threat.

    JAMB has, however, denied any informal meeting with Muhammed.

    The board’s spokesperson, Mr Fabian Benjamin, said JAMB entered into an agreement with Cassava Republic and as such is only answerable to it and not the author.

    ‘’I am not aware of any informal meeting you talked about,”  Benjamin said.

    “As I’m talking to you, we still have over a million copies of the book in our custody. If you were a businessman and you found yourself in my shoes, would you just allow those books to waste away like that?  I do not wish to talk about the life span of that contract. The author should talk to his publisher.’’

    But the management of Cassava Republic has described Muhammed’s claim as tissues of lies.

    It said it exhibited transparency with Muhammed all through the process of the said agreement.

    In an e-mail sent to The Nation, the management wondered why Muhammed had to rush to the press after he had already instituted a legal proceeding against the publisher.

    The statement reads: “It is surprising that our author, Hanif Mohammed, would call a briefing at this stage, rather than allow the legal process he initiated to take effect.  After consultation with our legal team, we have provided as much information as we can under the circumstances, without jeopardising the ongoing legal process.

    ‘’Please note that prior to his most recent legal team, the author has hired two previous sets of lawyers who, one after the other, informed our lawyer that on examination of the facts before them, they can no longer continue with the case.  You’ll also note that the same author has taken the case to the Copyrights Commission and ICPC. Both agencies took little interest in his version of events.

    ‘’My guess is that the author has decided to go to the media rather than wait for the legal process. I cannot, therefore, but think that his action is an attempt to diminish our company in the court of public opinion. It’s a pity, as Hanif has earned a sum well into the eight figures in royalties from the book.  It’s been a disappointing and upsetting process dealing with Hanif’s protestations when we have acted honourably to him throughout, as we always do with our authors.”

     

  • Litigation stalls completion of Uyo – Ikot Ekpene road

    Litigation stalls completion of Uyo – Ikot Ekpene road

    •No clash with Emmanuel, says Akpabio

    Akwa Ibom State Governor Udom Emmanuel has blamed the obstruction of work on the Uyo – Ikot Ekpene road on litigation.
    Emmanuel spoke during his investiture as grand patron of a socio – cultural organisation, Ati Annang Foundation in Ikot Ekpene Local Government Area.
    He said : ” My administration believes strongly in the rule of law and respect for the right of every citizen. I therefore urged the affected persons to, out of patriotism, sheath their sword and embrace alternative resolution as this unending litigation has hindered the smooth execution of the road construction project.”
    Emmanuel congratulated the Ati Annang Foundation for its achievements and thanked the group for the honour done to him and his wife Martha.
    The governor pledged to empower five persons in each of the local government areas in Annang zone.
    Senate Minority Leader Senator Godswill Akpabio hailed the organisation for upholding the true Annang spirit of unity , love, sacrifice and sincerity and assured the people there is no rift between him and the governor.
    Akpabio urged the people to build bridges of love across ethnic divides and ignore detractors whose stock in trade, he said, is to fan embers of disaffection among brothers.
    He congratulated Emmanuel for the prudent utilisation of the limited resources.

  • Appeal Court verdict: Further litigation will ruin PDP in 2019

    Appeal Court verdict: Further litigation will ruin PDP in 2019

    A Chieftain of the Peoples Democratic Party (PDP), Mr Victor Akande, on Saturday said that any further litigation would ruin the chances of the party in 2019 General Elections as many followers would have left.

    Akande, representing Ojo Constituency I at the Lagos State House of Assembly made the plea in an interview with the News Agency of Nigeria (NAN) in Lagos, following an Appeal Court verdict in favour of  Sen. Ali Modu Sheriff.

    He appealed to the Alhaji Ahmed Makarfi-led faction of the PDP to “sheath their swords’’ and rally round Ali Modu Sheriff.

    The lawmaker, who was reacting to the Appeal Court’s ruling on Friday that declared Ali Modu Sheriff as the authentic National Chairman of the PDP, said enough of litigations.

    “I think this judgement should put an end to all leadership crisis rocking our party.

    “We used to be one family before. This latest judgement should bring all of us together to reposition the party.

    “I wish all the aggrieved leaders would sheath their swords.

    “Makarfi’s faction should not proceed on any legal tussle again. What is needed now it unity before it will be too late for PDP.

    “The party has suffered so much through this division and infighting. The party is daily depleting as we have lost so many members to fracas in the party.

    “Just on Thursday, six out of eight of us in the Lagos Assembly including the Minority leader defected to APC. This development made me wept for the party.

    “Any further legal tussle will not help the party again. It will delay the chances of coming back to power in 2019,’’ Akande, Chairman, House Committee on Central Business District said.

    He urged the Makarfi group to respect the agreement by both factions to accept the ruling of the Appeal Court wherever it turned.

    “How I wish the Makarfi group would come and embrace peace and rally round Sheriff to move the party forward.

    “It is high time we forge ahead and forget things that set us backward,’’ he said.

    Akande, who urged the party stakeholders to shun selfish interest in the interest of the party, said he did not join his colleagues who defected to APC because of his faith in the party.

    NAN reports that the Court of Appeal in Port Harcourt on Friday upheld Ali Modu Sheriff, as the authentic National Chairman of the PDP.

    The court in the ruling, nullified the PDP National Convention held in Port Harcourt in May, 2016.

    It also nullified the National Caretaker Committee of the party constituted at the convention, and held that Ali Modu Sheriff remained the National Chairman of the party.

    The court said that PDP did not follow the provisions of Article 47 (3) of its Constitution in the removal of Sheriff-led National Working Committee. (NAN)

  • ‘Why mediation is better than litigation’

    ‘Why mediation is better than litigation’

    Mrs Oluwatoyin Odusanya is the Director of the Citizens’ Mediation Centre (CMC). A graduate of History and Law of the University of Lagos, she earlier worked in the Directorates of Civil Litigation, Legislative Drafting, Advisory Services of the Lagos State Ministry of Justice. In this interview with ADEBISI ONANUGA, she speaks on the centre’s activities.

    There is  confusion about the activities of some agencies of the Ministry of Justice. What are the functions of the CMC?

    The functions of the Citizens’ Mediation Centre are clear and distinct. The core functions are to promote the use and practice of mediation as an alternative to litigation, to provide Alternative Dispute Resolution (mediation) free of charge in conflict resolution among the people of Lagos State, to provide access to justice to the indigent residents of Lagos State.

    So, how  many cases or matters have you handled so far since establishment and how many were successfully resolved?

    Thousands of cases have been handled by the CMC since establishment as a complaints Centre in 1999 when Prof. Yemi Osinbajo was the Attorney General during the Asiwaju Bola Tinubu administration. However, capturing of data on same began in 2008. CMC became an agency in 2003 by virtue of the CMC Mediation Law which was amended in 2007. Since then, the CMC has received 197,283 cases, mediated 134,612 and resolved 100,584 cases.

    What is the nature of matters you have handled so far?  Which of them is in the highest proportion?   

    Most of the cases we handled include landlord/tenant; employee/employer; family/marital disputes; inheritance; breach of contract; land dispute; small debts among other. They are essentially civil disputes. The highest proportion is in the landlord and tenant which makes up about 90 per cent of the matters. This is followed by inheritance and family disputes.

    What is your perception of mediation ?

    Mediation is a good development and has effectively decongested the courts. It is faster, cheaper, provides a win-win situation and maintenance of relationship. It provides a relaxed atmosphere, an informal setting and flexibility.

    To what extent has mediation assisted your agency in resolving matters brought before you?

    The growing acceptance of the process has assisted in resolving matters apart from the fact that it is free of charge.

    Where mediation fails, what is the next line of action in resolving matters brought before your centre?

    When mediation fails, parties may decide to go to court, while some have med-arb agreements and may opt for arbitration.

    What are the advantages of mediation compared to litigation?

    The advantages of mediation when compared to litigation are many. They include the speed with which matters are concluded, the win-win situation and maintenance of relationship, the provision of a relaxed atmosphere, an informal setting and flexibility, freedom from technicalities unlike litigation which is more expensive and cumbersome, making it difficult for parties to understand.

    How do the activities of CMC differ from that of the Multi Door Court House?

    The difference in activities of the CMC from the Lagos Multidoor Courthouse is that the CMC is under the executive arm of government while the LMDC is under the Judiciary. Both use mediation in resolution of disputes but the LMDC is a court- attached mediation outfit which charges fees for their services. The services of the CMC are targeted at the indigent residents of Lagos State and is free of charge.

    What do you have to say about the quality of your mediators?

    The quality of our mediators is very high as almost all of them have been trained by the British Council through the Justice for All programme. Most of them are also members of the Institute of Chartered Mediators and Conciliators (ICMC). They are seasoned mediators.

    It appears the CMC is not close to the people enough. What are you doing in the area of awareness?

    Sensitisation is carried out every other Friday with distribution of fliers to markets and busy areas in the several units. We also speak on radio and television to create awareness of the existence of the centre.

    What is have been the challenges of your centre?

    Some of the challenges include but are not limited to inadequate number of staff, difficulty in getting new offices from some local governments.

    What is your major achievement?

    We have resolving over 80 per cent of our matters, increase in resolution rate. For instance, this year alone, we have received 18090 cases, had 10396 mediations and resolved 9851 of them. We have 15 centres all over the state. The newest being Ojokoro opened about a month ago which has already recorded over 157 cases.

    Will your centre consider litigation against a recalcitrant landlords?

    CMC only mediates. However, it is possible for the enforcement unit under the Attorney General/Commissioner for Justice to enforce terms agreed by parties in court. CMC  is expected to be neutral and impartial, not to support any party

     

  • How doctors can avoid litigation, by surgeon

    How doctors can avoid litigation, by surgeon

    A senior lecturer at the College of Medical Sciences of the University of Benin (UNIBEN), Prof Clement Osime, has advised surgeons to be professional in doing their jobs. If doctors abide by professional ethics, he said, they would be protected from committing medical errors that could lead to litigation.

    Osime, a professor of Surgical Oncology, was delivering the 164th inaugural lecture of the institution last Thursday. Titled: Medicine, law and ethics: Is there a meeting point and the role of the surgeon, the event held at the Akin Deko Auditorium.

    Osime said the era of “doctor knows it all” had gone, explaining that patients were becoming aware of their rights in seeking healthcare. He said the rising cases of medical negligence by surgeons were disturbing, noting that several medical practitioners had been charged to court for professional errors.

    The surgeon said: “Many doctors have made fatal errors in diagnosing duodenal cancer, which is presented as acute appendicitis. Most patients are taken to the theatre and operated for appendicitis. Months later, the symptoms reappear. While some lucky patients survive, others die before coming back for surgery. This shows there is need for surgeons to understand the principle of good diagnosis before surgeries are done.”

    Osime also blamed patients for tardiness in seeking medical attention, saying many prefer to approach miracle centres to seek cure for ailments that required medical expertise. The lecturer called for strict sanctions against pastors who deceive patients in need of medical attention.

    He added: “We recently diagnosed a lady of breast cancer. She was afraid of losing her breast and rejected the result. She approached her pastor to seek spiritual healing and the pastor told her she should not go for medical examination again. Months later, she walked the hospital and by that time, the cancerous cells had spread to the other breast. There was nothing we could do.”

    Noting that breast cancer was not a death sentence, Osime advised women to always examine their breast and go for early treatment to survive the disease. He called for more awareness on breast cancer, immediate passage of National Health Insurance Bill, alternative dispute resolution mechanism and efficiency of professional guideline for medical practitioners.

    Earlier in his address, the Vice-Chancellor (VC), Prof Faraday Orumwense, who chaired the ceremony, hailed Osime for “scholarly exercise”. He said the lecture was timely, considering the rising litigations against doctors.

    The VC added: “We would submit the recommendations of this lecture to the appropriate quarters and I encourage members of the audience to take the message far and wide. We should spread the message like harmattan fire.”

  • NBA Aba chair seeks lower cost of litigation

    The new Chairman of the Nigeria Bar Association (NBA),  Aba branch, Kenneth Nwakanma, said he would ensure that the high cost of litigation was reduced during his term.

    Speaking with reporters after being presented with his Certificate of Return, he regretted that the cost of litigation  in the state has denied many people access to justice.

    He said: “We shall continue to offer legal aides to people who cannot afford legal services. There is in place what we call, free legal aide. It is in place and we offer that help to those who may not really afford what it takes to go to court and actually express their feelings when their rights are infringed upon.

    “We are also going to ensure that as much as possible that the cost of litigation is reduced because come to think of it, the courts are not only for the rich, they should even be more friendly to those that are indigent or impoverished ones.’’

    He continued: “We will make sure that we fight the cause in ensuring that the cost of litigation is reduced so that it can be affordable to everybody. Otherwise what it means is that we are going to continue either by act or by some kind of omission encourages the deprivation of those who ought to approach the court to seek redress; we discourage them by allowing high cost of litigation to continue to prevail. We are going to ensure that all these things are reduced so that everybody shall have access to court when the need arises”.

    Nwakanma, who said his desire to ‘sustain the tempo’  set by his predecessors, said the branch would partner and dialogue with the state government.

    He added that he would dialogue with the  Nigeria Police  to ensure that bail was free, stressing that bailing a suspect doesn’t mean setting the person free but to allow the person to prepare to face litigation.

    “We are going to have meeting with the police hierarchy and discuss with them because I believe that sometimes, dialogue can also solve problems and not about throwing banters and mudslinging all the time, sometime you can dialogue.

    “We will make them understand that the issue of bail being free is a constitutional right, nobody should pay for it, people should not suffer before they get bail and come to think of it, the issue of bail doesn’t mean that you have set an accused person or a suspect free.

    ‘’What it means is that you are giving him the chance to make sure that he prepares himself properly to face his trial, that is what the constitution says that any man who is accused of any offence shall have access to his lawyers and all the things legitimately available to him in order to ensure that he goes to court to defend himself appropriately and come to think of it, anybody who is accused of any manner of crime whatsoever, is presumed innocent until a court finds him guilty,” Nwakanma added.

    While appealing for members’support, he added that his administration would ensure that lawyers in the commercial nerve of the state have a conducive atmosphere to ply their trade, disclosing that they also have programmes and activities that would expose and help younger lawyers in the branch enhance their skills.

    Out-gone chairman of the branch, Chidozie Ogunji, thanked the members for their support, enjoining them to extend same to the new regime.

    He further said he would assist Nwakanma and the branch.

    Others sworn in with Nwakanma were Perfect Okorie, vice chairman; Onyekachi Nwagbaoso, financial secretary; Queenderlin Ubani, treasurer; Ijeoma Emeku (social welfare), Charles Nsobundu Oluchukwu (secretary), Chukwudi Chibuzo, asst. secretary, Ngozi Anthonia Onuorah, welfare and Friday Ohajuru (publicity secretary).

    The event, which was witnessed by some of the past chairmen of the branch, also featured the presentation of certificates of return to the newly elected exco members also witnessed the official inauguration of young lawyers association, Aba branch.